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Broadcasting
Decision CRTC 2006-320
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Ottawa, 2
August 2006 |
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Radio MF Charlevoix
inc.
Saint-Hilarion, La Malbaie, Baie-Saint-Paul, Petite-Rivière-Saint-François
and Saint-Siméon, Quebec |
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Application 2005-0333-5
Broadcasting Public Notice CRTC 2006-35
29 March 2006 |
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CIHO-FM Saint-Hilarion
and its transmitters CIHO-FM-1 La Malbaie,
CIHO-FM-2 Baie-Saint-Paul, CIHO-FM-3 Petite-Rivière-Saint-François
and CIHO-FM-4 Saint-Siméon – Licence renewal
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The Commission renews the
broadcasting licence for the French-language commercial radio
programming undertaking CIHO-FM and its transmitters from 1 September
2006 to 31 August 2009. |
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The application
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1.
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The Commission received an application by
Radio MF Charlevoix inc. (Radio MF) to renew the broadcasting licence of
the French-language commercial radio programming undertaking CIHO-FM
Saint-Hilarion and its transmitters CIHO-FM-1 La Malbaie, CIHO-FM-2 Baie-Saint-Paul,
CIHO-FM-3 Petite-Rivière-Saint-François and CIHO-FM-4 Saint-Siméon. The
licence expires on 31 August 2006.1 |
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Background
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2.
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In Broadcasting Public Notice
CRTC 2005-65, 5 July
2005 (Public Notice 2005-65),
the Commission indicated that it would examine the application to
renew the licence of CIHO-FM Saint-Hilarion and its transmitters.
In this public notice, the Commission noted Radio MF’s history of
non-compliance for the years 1989 to 1996 as well as Radio MF’s current
failure to comply with its condition of licence for the broadcasting
of category 3 (Special Interest Music) music. |
3.
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An intervention submitted by the
Association québécoise de l’industrie du disque, du spectacle et de la
vidéo (ADISQ) pointed out, for example, that the station had made no
financial contribution to Canadian talent development (CTD) for the
years 1998 to 2005. The concerns raised in this intervention are
discussed later in this decision. |
4.
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A more thorough review by the
Commission revealed other anomalies involving certain conditions of
CIHO-FM’s licence. Accordingly, in a letter to the licensee, the Commission
emphasized the differences between CIHO-FM’s current licence and
Commercial Radio Policy 1998, Public Notice CRTC 1998-41,
30 April 1998 (Commercial Radio Policy), and the following anomalies: |
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- the refusal by the Department of Industry (the Department) to
grant a broadcasting certificate for the Saint-Siméon transmitter
(CIHO-FM-4). The Commission reminded Radio MF that the approval
granted in CIHO-FM Saint-Hilarion – New transmitters in Petite-Rivière-Saint-François
and Saint-Siméon, Broadcasting Decision CRTC 2003-459,
12 September 2003 (Decision 2003-459),
would only be effective when the Department issued a broadcasting
certificate for this transmitter;
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- Radio MF’s failure to submit CIHO-FM’s annual report
for the year 2002 to the Commission despite its obligation under the
provisions of section 9(2) of the Radio Regulations, 1986
(the Regulations), which states:
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On or before November 30 of each year, a licensee shall
submit to the Commission a statement of accounts, on the annual
return of broadcasting licensee form, for the year ending on the
previous August 31.
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5.
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In a letter dated 6 March 2006, Radio MF
stated that it was surprised to learn that the Saint-Siméon transmitter
did not meet the Department’s requirements and indicated that its
engineer would be contacting the Department to sort out the situation.
Though Radio MF did not mention this in its letter, it appended CIHO-FM’s
audited financial statements for the year 2002 to its letter to the
Commission. |
6.
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On 21 March 2006, Radio MF submitted a
second letter to the Commission in which it confirmed that it did not
want to adhere to the customary condition of licence related to CTD.
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7.
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The Commission notes that CIHO-FM has never
been subject to a condition of licence requiring it to make financial
contributions to CTD. |
8.
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On 29 March 2006, the Commission
published Broadcasting Public Notice CRTC 2006-35
(Public Notice 2006-35)
in which it indicated that "the licensee is currently subject
to conditions of licence that were not examined in the light of the
Commercial Radio Policy 1998, Public Notice CRTC 1998-41,
30 April 1998, at its last licence renewal" 2
and that, "in view of the 1998 Policy, Radio MF Charlevoix
inc. requests renewal under the terms and conditions set out in Decision
1998-389, amended as follows: |
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- delete the condition of licence limiting the
broadcast of advertising to 9 minutes per hour;
- delete the condition of licence requiring that at
least 35% English-language vocal music be broadcast;
- replace the condition of licence requiring that 3
hours of category 3 (Special Interest Music) musical programming
be broadcast with a condition of licence requiring the broadcast
of at least 5% category 3 musical selections in each broadcast
week;
- amend the condition of licence requiring the
broadcast of at least 15% spoken word by inserting the words
‘community-oriented [...] in each broadcast week.’’’
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9.
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The Commission notes that Public
Notice 2006-35 did
not mention Radio MF’s application to amend its condition of licence
with regard to CTD. |
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Interventions
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10.
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The Commission received an
intervention supporting this licence renewal application as well as
a comment by ADISQ in response to the publication of Public Notice
2005-65. ADISQ offered
general comments about the streamlined process explained by the Commission
in The CRTC Streamlines Radio Renewals Process, Broadcasting
Circular CRTC 2002-448,
7 June 2002 (Circular 2002-448).
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11.
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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 concerns, but it
was concerned about the use of the streamlined process for this
application. ADISQ submitted that there were not enough evaluations of
the station’s compliance, nor was there enough information on the public
record for it to determine whether or not to support the licence renewal
for a seven-year term. In this case, ADISQ pointed out that, although
Radio MF has not used a short-form application, it cannot evaluate this
licensee’s performance owing to the absence or scarcity of measurement
statistics placed on the public record of this application. ADISQ asked
that the Commission hold a full public proceeding on the CIHO-FM renewal
application, and, as a condition of eligibility for future streamlined
renewal processes, that the Commission require that CIHO-FM submit to
the Commission: |
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- annual compliance reports for Canadian content and
French-language vocal music;
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- a report demonstrating that the station provides access
to the airwaves to French-language Canadian artists and offers a
variety of their musical selections; and
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- a separate compliance report on CTD contributions, to
be placed on the public record.
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12.
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ADISQ also maintained that CIHO-FM’s
licence should be subject to a full renewal process given that Radio
MF’s public record includes only one study of the station’s performance
with regard to its obligations to broadcast Canadian content and
French-language vocal music. According to ADISQ, current technological
resources could certainly allow the Commission to conduct much more
frequent evaluations of this licensee’s programming without requiring
additional resources. ADISQ further pointed to the absence of
information regarding CIHO-FM’s compliance with the requirements of the
Commission’s Commercial Radio Policy with regard to CTD. In ADISQ’s
opinion, the fragmentary nature or absence of measurements such as
performance studies and compliance reports on CIHO-FM’s public record
make it impossible to verify whether the licensee in question has met
the objectives of the Broadcasting Act (the Act), the regulatory
requirements or the specific conditions of its licence. |
13.
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Moreover, ADISQ found it deplorable
that, during its last licence term, CIHO-FM was in violation of its
condition of licence regarding category 3 music. Indeed, the result
of the sole evaluation to which Radio MF was subject, the one for
the week of 6 to 12 April 2003, revealed that the station broadcast
only one hour of category 3 music, whereas its condition of licence
stipulates that it must broadcast a minimum of three hours a week
of this kind of programming. ADISQ expressed its surprise at the fact
that, despite Radio MF’s abundant history of non-compliance noted
by the Commission in Public Notice 2005-65,
the Commission conducted only one evaluation of this station’s programming
during the last licence term of seven years. |
14.
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ADISQ also remarked that Radio
MF’s public record contains no information about its compliance with
its obligations to CTD despite a condition of licence that obliges
Radio MF to pay annual contributions to third-party organizations
involved in CTD in proportion to its market share, or $400. ADISQ
noted that this apparent violation does not appear either on this
station’s public record or in Public Notice 2005-65.
ADISQ therefore asked the Commission, if it confirms this apparent
violation, to require the payment of these contributions to MusicAction
retroactively. |
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Radio MF’s
reply
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15.
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Radio MF pointed out that
the Commission indicated, in Licence renewal for CIHO-FM and its
transmitters, Decision CRTC 1998-389,
28 August 1998 (Decision 1998-389),
that "while CIHO-FM is licensed as an independent FM broadcasting
undertaking, it is essentially a community-owned and community-oriented
station." Accordingly, Radio MF was of the view that it was not
liable to pay annual contributions to third-party organizations involved
in CTD and thus was not in violation in any of the last seven years
of its licence. |
16.
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In response to ADISQ’s question about the
broadcast of Canadian category 2 (Popular Music) musical selections,
Radio MF stated that CIHO-FM must broadcast, by condition of licence, at
least 40% Canadian category 2 musical selections in each broadcast week,
a percentage that exceeds the percentage established by the Commission
in the Regulations. |
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Commission’s analysis
and determination
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17.
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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. |
18.
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The Commission addressed ADISQ’s concerns
in a number of renewal decisions issued previously. In particular, the
Commission stated that, while it had adopted a streamlined process, it
would continue to carry out its supervisory role, particularly through
the compliance monitoring of radio stations. 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. |
19.
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The Commission also assesses the
information contained in the annual reports filed by the licensees
concerning CTD initiatives and examines the performance of the licensees
with respect to their individual commitments or conditions of licence,
as specified in previous renewal and other decisions. |
20.
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With respect to ADISQ's comment about the
shortage of information or evaluations of the station's compliance, the
Commission stresses that programming compliance reports are placed on
the licensee's public record, and that CTD commitments are available on
the Commission's Web site. |
21.
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Moreover, the Commission also notes that
the technological resources that might facilitate the evaluation of
licensees' programming are currently available. The Commission therefore
urges ADISQ to explore the potential of these technological resources
that would allow it to assess the compliance of licensees. |
22.
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The Commission considers that
the inclusion in reports of the names of third parties receiving CTD
contributions is unnecessary. The Commission audits these contributions
to ensure that each one qualifies, as prescribed 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. These measures permit the production of a summary
report on contributions to CTD. Accordingly, the Commission considers
that imposing the production of additional reports as ADISQ suggests
would only increase the broadcasters' administrative burden. |
23.
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The Commission further wishes to stress
that it conducted a study of the programming broadcast by CIHO-FM during
the current licence term. After checking logger tapes and playlists for
the week of 6 to 12 April 2003, the Commission finds that a single hour
of category 3 music was broadcast for the week in question instead of
the three hours required by CIHO-FM’s condition of licence. |
24.
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The Commission notes that Radio MF proposed
to amend its condition of licence regarding the broadcast of category 3
musical programming. The Commission generally does not approve an
application to amend a condition of licence when this condition has not
been met during the last licence term. Nevertheless, given that the
proposed amendment will bring about an increase in the number of hours
of category 2 music that must be broadcast in each broadcast week, the
Commission approves the application by Radio MF Charlevoix inc.
to amend its condition of licence with regard to the broadcast of
category 3 musical programming. |
25.
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Radio MF also proposed to delete the
condition of licence related to the number of hours of advertising that
can be broadcast. Under the Commercial Radio Policy, the Commission no
longer imposes limits on the number of hours of advertising that can be
broadcast by commercial radio stations. Accordingly, the Commission
approves the application by Radio MF Charlevoix inc. to delete the
condition of licence related to the number of hours of advertising that
can be broadcast by CIHO-FM. |
26.
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With regard to the Department’s
refusal to issue a broadcasting certificate for the Saint-Siméon transmitter,
it should be noted that, since the publication of Public Notice 2006-35,
the Department has advised the Commission that the Saint-Siméon transmitter
now meets the requirements of the Radiocommunication Act. |
27.
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With respect to Radio MF’s failure
to submit its annual report for the year 2002, and although this alleged
violation was not raised in Public Notice 2006-35,
the Commission notes that the licensee submitted CIHO-FM’s annual
report for 2002 following the publication of this notice. |
28.
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Radio MF’s licence is subject to a
condition of licence that requires it to broadcast at least 35%
English-language vocal music. Given that this station holds a
French-language commercial radio licence, the Commission considers it
unnecessary to renew this condition of licence. Accordingly, the
Commission approves the application by Radio MF to delete the
condition of licence concerning the broadcast of English-language vocal
music. |
29.
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The Commission stresses the special nature
of this station as a station that holds a commercial licence with a
community mandate. This quality is mentioned in the Commission’s earlier
decisions that cover the commercial elements and those reflecting the
station’s community orientation. However, the Commission stipulates
that, since the station holds a commercial radio licence, CIHO-FM must
comply with the requirements of the Regulations and the Commercial Radio
Policy. |
30.
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The Commission considers that it would now
be reasonable for the station to be subject to the condition of licence
related to CTD that is generally imposed on commercial radio stations
and that stipulates that "all licensees of private commercial radio
stations are asked to make an annual financial commitment to Canadian
talent development." In CIHO-FM’s case, the annual contributions to be
paid to the Canadian Association of Broadcasters’ CTD Plan would be in
the order of $400. |
31.
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With respect to the application to amend
the condition of licence related to the broadcast of spoken word
programming to specify that such programming consist of
"community-oriented" programming, the Commission emphasizes that
commercial radio stations have no regulatory requirement for the weekly
broadcast of spoken word programming. However, given that the proposed
amendment relates to a matter that would be consistent with CIHO-FM’s
specific mandate as a commercially-owned and -oriented station, the
Commission approves the application for an amendment related to
the broadcast of spoken word programming. The licence will therefore be
subject to the amended condition of licence as stated at paragraph 34 of
this decision. |
32.
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Finally, the current violations
of the Regulations and the condition of licence related to category
3 music represent a first-time instance non-compliance for this licensee.
In the circumstances, in accordance with Practices regarding radio
non-compliance, Circular No. 444,
7 May 2001, the licensee would normally be granted a four-year licence
renewal. The Commission notes, however, that CIHO-FM has already been
granted two consecutive administrative renewals for a total of one
year. |
33.
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Accordingly, the Commission renews
the broadcasting licence for the French-language commercial radio
undertaking CIHO-FM Saint-Hilarion and its transmitters CIHO-FM-1 La
Malbaie, CIHO-FM-2 Baie-Saint-Paul, CIHO-FM-3 Petite-Rivière-Saint-François
and CIHO-FM-4 Saint-Siméon for a period of three years, from 1 September
2006 to 31 August 2009. |
34.
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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, as well as to the following conditions: |
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- The licensee shall devote, in each broadcast week, at
least 5% of its musical selections to content category 3 (Special
Interest Music) musical selections, at least 15% of which will be
devoted to Canadian musical selections scheduled in a reasonable
manner throughout each broadcast day.
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- The licensee shall broadcast at least 15%
community-oriented spoken word programming in each broadcast week.
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- The licensee shall devote, in each broadcast week, at
least 40% of its content category 2 (Popular music) musical
selections to Canadian selections broadcast in their entirety.
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Employment equity
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35.
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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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Footnotes:
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