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Broadcasting Decision CRTC 2006-161
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Ottawa, 21 April 2006 |
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CIBM-FM Mont-Bleu ltée
Rivière-du-Loup, Trois-Pistoles, Sully and Saint-Juste-du-Lac, Quebec |
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Application 2005-0290-8
Broadcasting Public Notice CRTC 2005-33
18 April 2005 |
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CIBM-FM Rivière-du-Loup and its transmitters – Licence renewal
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The Commission renews the
broadcasting licence for the radio programming undertaking CIBM-FM
Rivière-du-Loup and its transmitters, from 1 September 2006 to 31 August
2013. |
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The application
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The Commission received an application by
CIBM-FM Mont Bleu ltée to renew the broadcasting licence for the
commercial French-language radio programming undertaking CIBM-FM
Rivière-du-Loup and its transmitters CIBM-FM-1 Rivière-du-Loup,
CIBM-FM-2 Trois-Pistoles, CIBM-FM-3 Sully and CIBM-FM-4 Saint-Juste-du-Lac.
This licence expires 31 August 2006. |
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Intervention
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2. |
The Commission received an intervention
by the Association québécoise de l’industrie du disque, du spectacle
et de la vidéo (ADISQ). ADISQ made general comments regarding the
streamlined process set out by the Commission in The CRTC Streamlines
Radio Renewals Process, Broadcasting Circular CRTC 2002-448,
7 June 2002 (Circular 2002-448).
ADISQ noted that, in Circular 2002-448,
the Commission stated that it would "assess the effectiveness
of this streamlining measure after the 2003 radio renewal round
has been completed." In this respect, ADISQ noted that the assessment
has not yet taken place, despite the fact that the CRTC has completed
the processing of all licence renewal applications for 2003 and 2004.
ADISQ questioned whether use of the streamlined process is justified
in the present case, given that the question of whether the new approach
achieves the intended objectives has not yet been resolved. |
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3. |
ADISQ stated that it was not opposed in
principle to the streamlined process adopted by the Commission for
renewal applications that do not raise any significant concern. However,
it questioned the use of the streamlined process for the present
application. ADISQ submitted that there were insufficient evaluations of
the station’s compliance and not enough information on the public file
for ADISQ to determine whether or not to support the licence renewal for
a seven-year term. ADISQ asked that the Commission hold a full public
proceeding on the CIBM-FM renewal application. As a condition of
eligibility for future streamlined renewal processes, ADISQ further
requested that CIBM-FM be required to file the following with the
Commission: |
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- annual compliance reports on Canadian content and French-language
vocal music (FVM);
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- a report demonstrating that the station provides airplay to
French-language Canadian artists and broadcasts a variety of their
musical recordings; and
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- a separate compliance report on Canadian talent development (CTD)
contributions, to be placed on the public file.
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4. |
ADISQ also argued that CIBM-FM’s licence
should be the subject of a full renewal process because the licensee’s
public file does not contain any study on the station’s compliance with
its Canadian content and FVM requirements. ADISQ contended that this is
unacceptable, given that the Commission shortened CIBM-FM’s current
licence term to four years because of FVM compliance problems during the
previous licence term. |
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5. |
ADISQ also noted that CIBM-FM exceeded and
even tripled its minimum annual CTD contribution for its market ($400)
for the years 1997 and 2001 to 2003, but described as unfortunate the
fact that no contribution had been made to MusicAction. |
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6. |
The licensee did not reply to ADISQ’s
intervention. |
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Commission’s analysis and determination
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7. |
The Commission notes ADISQ’s comments regarding
the streamlined renewal process for radio licences. The Commission
stated in Circular 2002-448
that the streamlining initiatives it has adopted in recent years in
order to lighten the regulatory burden have assisted the licensees
of broadcasting undertakings and have allowed the Commission to direct
its limited resources to priority sectors. With respect to the assessment
of the effectiveness of these measures, the Commission will soon issue
a circular explaining its findings in this regard. |
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8. |
The Commission has addressed ADISQ’s
concerns in a number of earlier renewal decisions. In particular, the
Commission stated that, while it has adopted streamlining initiatives to
lighten the regulatory burden for licensees, it will continue to carry
out its supervisory role through its ongoing compliance monitoring
activities. Such monitoring activities include checking logger tapes,
playlists, logs and a sampling of the programming broadcast by the
stations. The Commission also considers all complaints filed, as well as
any negative rulings issued by the Canadian Broadcast Standards Council. |
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9. |
Further, the Commission assesses the
information contained in the annual reports filed by licensees
concerning CTD initiatives, and examines the performance of licensees
with respect to their individual commitments or conditions of licence,
as specified in previous renewal and other decisions. |
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10. |
With respect to ADISQ’s comment that there
was insufficient information or evaluations of the station’s
performance, the Commission notes that reports regarding compliance with
programming requirements are placed on the licensee’s public file and
that commitments relating to CTD are available on the Commission’s
Internet site. |
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11. |
With respect to the inclusion in the reports
of the names of third parties to whom CTD contributions are paid,
the Commission does not consider this measure necessary. The Commission
audits these contributions to ensure that each party is eligible,
as set out in An FM policy for the nineties, Public Notice
CRTC 1990-111, 17 December
1990 and in Contributions by radio stations to Canadian talent
development – A new approach, Public Notice CRTC 1995-196,
17 November 1995. The results are used to prepare a summary report
on contributions to CTD. Accordingly, the Commission is convinced
that the additional steps proposed by ADISQ, namely, that licensees
be required to file additional reports, would only add to the administrative
burden faced by broadcasters. |
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12. |
The Commission also wishes to point out
that it analysed the programming aired by CIBM-FM during the current
licence term. After checking the logger tapes and playlists for the week
of 1 to 7 June 2003, the Commission finds that the licensee complied
with the Canadian content requirements for category 2 music and with FVM
requirements during the week in question. |
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13. |
With respect to contributions to CTD, the
Commission notes that CIBM-FM is in compliance with its condition of
licence requiring minimum annual contributions of $400. |
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14. |
Accordingly, the Commission renews
the broadcasting licence for the French-language commercial radio
programming undertaking CIBM-FM Rivière-du-Loup and its transmitters
CIBM-FM-1 Rivière-du-Loup, CIBM-FM-2 Trois-Pistoles, CIBM-FM-3 Sully and
CIBM-FM-4 Saint-Juste-du-Lac, from 1 September 2006 to 31 August 2013. |
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15. |
The licence will be subject to the conditions
set out in New licence form for commercial radio stations,
Public Notice CRTC 1999-137,
24 August 1999. |
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16. |
The Commission reminds the licensee that
the amendment approved in CIBM-FM Rivière-du-Loup – New transmitter
in Saint-Juste-du-Lac, Broadcasting Decision CRTC 2002-400,
5 December 2002, will only be valid when the Department of Industry
(the Department) has confirmed that the proposed technical parameters
will not create any unacceptable interference with NAV/COM services. |
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17. |
The Commission also reminds the licensee
that, in accordance with section 22(1) of the Broadcasting Act,
the authorization for the Saint-Juste-du-Lac transmitter will only be
valid when the Department of Industry has confirmed that its technical
requirements have been met and that a broadcasting certificate will be
issued. |
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18. |
In addition, as set out in Deadline to
commence operations, Broadcasting Decision CRTC 2005-595,
21 December 2005, the Saint-Juste-du-Lac transmitter must be operational
at the earliest possible date and in any event no later than 5 December
2006, unless a request for an extension of time is approved by the
Commission before that date. In order to ensure that such a request
is processed in a timely manner, it should be submitted in writing
at least 90 days before that date. |
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Employment equity
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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. |
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Secretary General |
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This decision is to be appended to the
licence. It is available in alternative format upon request, and may
also be examined in PDF format or in
HTML at the following Internet site: http://www.crtc.gc.ca
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