ARCHIVED -  Decision CRTC 95-298

Decision

Ottawa, 8 June 1995

Decision CRTC 95-298

U.P.E.I. Student Radio Inc.

Charlottetown, Prince Edward Island - 941574600

Conversion of an AM station to FM

Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission approves the application for a broadcasting licence for an English-language campus/community FM radio programming undertaking at Charlottetown, on the frequency 90.3 MHz, channel 212LP, with an effective radiated power of 50 watts.

The Commission will issue a licence expiring 31 August 2000, upon surrender of the current licence for CIMN Charlottetown, subject to the conditions specified in this decision and in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for campus/community radio stations across Canada and to better distribute the workload within the Commission.

The Commission notes that the applicant proposes to broadcast 98 hours of local programming each week of which 96 hours will be in the English language and 2 hours in the French language. The applicant is also proposing to devote 13% of its overall music programming to
Category 3 music (Traditional and Special Interest).

In accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission authorizes the applicant, by condition of licence, to broadcast no more than 392 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 392 minutes, a maximum of 98 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.

It is a condition of licence that the applicant retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the licensee that, in accordance with the requirements of the "Direction to the CRTC (Eligible Canadian Corporations)", the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.

It is a condition of licence that the applicant adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and approved by the Commission.

It is also a condition of licence that the applicant adhere to the provisions of the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and approved by the Commission.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It considers that campus/ community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This approval is subject to the requirement that construction of the transmitting facilities be completed and that it be in operation within twelve months of the date of this decision, or where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.

Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the applicant, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

In accordance with subsection 22(1) of the Act, the Commission will only issue the licence and the authority granted herein may only be implemented at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

The Commission acknowledges the intervention submitted in support of this application.

Allan J. Darling
Secretary General