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ARCHIVED -  Broadcasting Decision CRTC 2004-322

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Broadcasting Decision CRTC 2004-322

  Ottawa, 9 August 2004
  Radio du Golfe inc.
Chandler, Pabos Mills, New Carlisle,
and Sainte-Anne-des Monts, Quebec
  Application 2003-0080-7
Public Hearing in Québec, Quebec
16 February 2004
 

FM radio station in Chandler and a transmitter in New Carlisle, Quebec

  The Commission approves in part the application submitted by Radio du Golfe inc. The Commission approves the request for a broadcasting licence to operate a commercial French-language low-power FM radio programming undertaking in Chandler, Quebec, and for an amendment to the licence for the radio programming undertaking CJMC-FM Sainte-Anne-des-Monts in order to delete the transmitter in Pabos Mills. The Commission denies the addition of an FM transmitter in New Carlisle, Quebec, in order to broadcast the new station's programs.
 

The application

1. Radio du Golfe inc. (Radio du Golfe) filed an application for a broadcasting licence to operate a commercial French-language low-power FM radio programming undertaking in Chandler, Quebec, to add an FM transmitter in New Carlisle, Quebec, in order to broadcast the new station's programs and to amend the licence of the radio programming undertaking CJMC-FM Sainte-Anne-des-Monts by deleting the transmitter in Pabos Mills, approved in CJMC-FM Sainte-Anne-des-Monts - New transmitter in Pabos Mills, Broadcasting Decision CRTC 2002-402, 5 December 2002.
2. The applicant proposed a "modern rock" musical format targeted to listeners aged 18 to 54. The applicant made a commitment to broadcast 126 hours of local programming in each broadcast week. The programming would include local, regional and provincial news, weather, traffic, marine conditions and sports. The station would also offer political, economic, athletic and cultural interviews, as well as interviews with artists in order to promote Canadian talent. The spoken word programming would account for 31 hours of the broadcast week, including 7 hours devoted to news.
3. The applicant stated that it would contribute to the Canadian talent development plan established by the Canadian Association of Broadcasters (CAB). Given the size of the Chandler market, the applicant proposed to contribute a minimum of $400 in each broadcast year to eligible third parties involved in the promotion of Canadian music and Canadian artists.
 

Interventions

4. The Commission received thirteen interventions: seven including a petition, supported the application. The Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) submitted a comment, while Radio Gaspésie inc. (Radio Gaspésie), the licensee of CJRG-FM Gaspé, Diffusion communautaire Baie-des-Chaleurs inc. (Diffusion communautaire), the licensee of CIEU-FM Carleton, the Municipality of New Carlisle, the Town of Paspébiac and Radio CHNC ltée (Radio CHNC), the licensee of CHNC New Carlisle, submitted interventions opposing the application. ADISQ's comment and the five opposing interventions are discussed below.
5. ADISQ requested that the Commission be rigorous in its application of the criteria set out in Introductory statement - Licensing new radio stations, Decision CRTC 99-480, 28 October 1999 when evaluating this application, in order to develop a regulatory framework that is well-adapted to the project, beneficial to the public and equitable for other radio licensees.
6. Radio Gaspésie, the Municipality of New Carlisle and the Town of Paspébiac indicated their opposition to the establishment of a commercial radio station in Chandler. In their opinion, Radio CHNC fully meets the expectations and needs of the population served by this station. In addition, Radio Gaspésie noted that a community radio project has been under development for a few years in this area. According to Radio Gaspésie, this format would better serve the region.
7. Diffusion communautaire stated that it covers the area that the applicant wishes to serve. Diffusion communautaire also mentioned the fragility of the economy in the Gaspé Peninsula due to the decreasing population in the region and claimed that adding another radio station to the market would be catastrophic because it would threaten the survival of the intervener's station.
8. Radio Gaspésie and Diffusion Communautaire both stated that the amount of financial and human resources proposed by the applicant would be insufficient to produce quality programming.
9. Radio CHNC stated that it covers local events and news by means of a freelance journalist. Radio CHNC added that the arrival of a new player would jeopardize its plan to convert its service to the FM band.
 

The applicant's reply

10. Radio du Golfe asked the company Radio Unie Target to respond to some of the concerns raised in the interventions. Radio Unie Target indicated that, in its opinion, the establishment of a local station in Chandler would revitalize the local and national advertising market and give the population to be served the option of making local and regional programming choices rather than choosing stations from large centres.
11. The applicant highlighted the importance of broadcasting programming that reflects the preferences of young people, in order to reach the 25- to 29-year-olds who are returning to the region in increasing numbers. The applicant also stated that it could definitely make its station profitable within the first year of its licence term, thanks to its computerized broadcasting system.
 

The Commission's analysis and determination

12. The Commission has examined the application carefully, taking into account the views of the applicant and the interveners. The Commission notes the applicant's commitment to broadcast 31 hours of spoken word programming in each broadcast week, including 7 hours of news. The Commission concludes that Radio du Golfe has proposed a service that will meet the needs and interests of listeners in the Chandler region. The Commission considers that the Pabok-Côte-de-Gaspé radio market can sustain the station's activities and that approval of this part of the application will serve the public interest and will enable the larger Gaspé Peninsula radio market to receive its own local commercial FM radio service, which will increase diversity in the market.
13. Furthermore, the Commission finds that it is appropriate to delete the transmitter in Pabos Mills because this market will now be served by the new station.
14. With respect to the addition of a transmitter of the new station in New Carlisle, the Commission considers that such a transmitter could have a significant impact on CHNC New Carlisle and CIEU-FM Carleton, which currently serve that market. In order to limit the negative impact on these two stations, the Commission concludes that it would not be appropriate to approve the addition of a transmitter in New Carlisle. The new station will thus have no impact on the Bonaventure-Avignon radio market because the station will not reach this market.
15. Accordingly, the Commission approves the application by Radio du Golfe inc. for a broadcasting licence to operate a new French-language FM radio programming undertaking in Chandler, and to amend the licence for the radio programming undertaking CJMC-FM Sainte-Anne-des-Monts in order to delete the transmitter in Pabos Mills. The Commission denies the addition of an FM transmitter in New Carlisle, Quebec, to broadcast the new station's programs.
16. The new station in Chandler will operate at 92.1 MHz (channel 221LP) with an average effective radiated power of 10 watts.
17. The licence will expire 31 August 2010 and will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999.
 

Cultural diversity

18. The Commission expects the licensee to endeavour, through its programming and employment opportunities, to reflect the provisions of Section 3(1)(d)(iii) of the Broadcasting Act.
 

Employment equity

19. In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
 

Issuance of the licence

20. The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
21. The Commission reminds the applicant that, pursuant to Section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.
22. Given that the technical parameters approved in this decision are for a low-power unprotected FM service, the Commission also reminds the applicant that it will have to select another frequency if the Department so requires.
23. Furthermore, the licence for this undertaking will only be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and, in any event, no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 9 August 2006. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca 

Date Modified: 2004-08-09