ARCHIVED - Broadcasting Decision CRTC 2002-368

Broadcasting Decision CRTC 2002-368

Ottawa, 14 November 2002

Entreprises Radio Etchemin inc.
Lévis, Quebec

Application 2001-1415-8
Broadcasting Public Notice CRTC 2002-23
6 May 2002

CFOM-FM Lévis - Licence renewal

1.

The Commission received an application by Entreprises Radio Etchemin inc. to renew the licence for CFOM-FM Lévis.

2.

The Commission did not receive any interventions in connection with this application.

3.

The Commission analysed the programming broadcast by CFOM-FM during the week of 20 to 26 August 2000. The analysis revealed that, during that entire week, 64.3% of the category 2 musical selections broadcast by the licensee were French-language vocal music, and 42.9% of the category 2 musical selections broadcast between 6:00 a.m. and 6:00 p.m., Monday to Friday, were French-language vocal music. These findings constitute infractions of sections 2.2(5) and 2.2(10) of the Radio Regulations, 1986 (the Radio Regulations), which stipulate that:

(5) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate a campus station, commercial station or community station in the French language shall, in a broadcast week, devote 65% or more of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

(10) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate a commercial station in the French language shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on Monday of a week and ending on Friday of the same week, devote 55% or more of its vocal musical selections from content category 2 to musical selections in the French language broadcast in their entirety.

Canadian popular music

4.

In Flexibility to broadcast a lower level of Canadian popular music for "oldies" radio stations, Decision CRTC 99-83, 9 April 1999 (Decision 99-83), the Commission approved the applications by licensees of commercial stations broadcasting Canadian popular music, including CFOM-FM, to amend their licences by adding a condition of licence permitting that in, any broadcast week where at least 90% of the musical selections broadcast were released before 1 January 1981, 30% or more of those musical selections must be Canadian selections. Stations must comply with the 30% minimum during the broadcast week and between 6:00 a.m. and 6:00 p.m., Monday to Friday. This constitutes flexibility compared with the 35% required of other commercial radio stations pursuant to sections 2.2(8) and 2.2(9) of the Radio Regulations.

5.

During its analysis of programming broadcast during the week of 20 to 26 August 2000, the Commission noted that only 83% of category 2 musical selections broadcast by CFOM-FM were released before 1 January 1981. Since the station had not achieved the 90% level mentioned above, the licensee was required to broadcast a minimum of 35% Canadian popular musical selections during that week. However, 29.7% of the category 2 musical selections broadcast during the week were Canadian musical selections and 21.6% of the category 2 musical selections broadcast between 6:00 a.m. and 6:00 p.m., Monday to Friday, were Canadian musical selections. These findings constitute infractions of sections 2.2(8) and 2.2(9) of the Radio Regulations.

6.

In Practices regarding radio non-compliance, Circular No. 444, 7 May 2001, the Commission clarified its approach relating to radio stations operating in non-compliance.

7.

Given that these are the first infractions by the licensee in each of the aforementioned areas, and consistent with Circular No. 444, the Commission renews the licence for CFOM-FM from 1 December 2002 to 31 August 2006, instead of the maximum term of seven years. This period will allow the Commission to assess in the short term the licensee's compliance with the Radio Regulations regarding the distribution of French-language vocal music and of category 2 Canadian popular music.

8.

The licence will be subject to the condition specified in this decision and to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999.

Transfer of ownership

9.

In Transfer of control of Entreprises Radio Etchemin inc. to Groupe Radio Astral inc., Decision CRTC 2001-95, 21 February 2001, the Commission noted the applicant's commitments with respect to the tangible benefits arising from the approved transaction. The Commission stated that it expected the financial contributions to be spread over a five-year period and to be distributed as follows:

• $270,000 (3% of the value of the transaction) to Fonds RadioStar;

• $180,000 (2% of the value of the transaction) to MusicAction; and

• $90,000 (1% of the value of the transaction) to various local organizations, including the Fondation du CÉGEP de Lévis-Lauzon which will award scholarships to students registered in the CÉGEP's performing arts program ($5,000 per year); to the Lévis youth symphony to organize local concerts ($5,000 per year); and to the Festival d'été de Québec, in the form of an annual $8,000 scholarship to promote new Canadian Francophone talent.

10.

The Commission also noted the applicant's commitment to maintain a clearly identified service office in Lévis with all the equipment required for CFOM-FM's journalists to cover the south shore section of Québec.

11.

Furthermore, in Transfer of control of 3903206 Canada Inc., of Telemédia Radio Atlantic Inc. and 50% of Radiomedia Inc. to Astral Radio Inc., Broadcasting Decision CRTC 2002-90, 19 April 2002, the Commission made its approval of the transaction subject to precedent conditions, one of which requires that ownership of CFOM-FM be transferred to a third party. Any potential buyer will have to comply with the terms and conditions set out in the present decision and in the licence to be issued.

Condition of licence

12.

Consistent with Decision 99-83, the licence is subject to the following condition:

The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations),

(a) in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:

(i) in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and

(ii) between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

For purposes of this condition, the terms "broadcast week", "content category" and "musical selection" shall have the meaning as set out in section 2 of the Radio Regulations.

Other matters

13.

The Department of Industry (the Department) has informed the Commission that it is prepared to renew the broadcasting certificate for a period of three years only. With respect to the operation of the undertaking beyond that three-year period, the Commission reminds the licensee that section 22(1) of the Broadcasting Act stipulates that it cannot issue, amend or renew a broadcasting licence unless the Department certifies that a broadcasting certificate has been or will be issued.

14.

Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, the Commission does not assess its employment equity practices.

Secretary General