ARCHIVED -  Decision CRTC 96-645

Decision

Ottawa, 27 September 1996

Decision CRTC 96-645

Nornet Broadcasting Ltd.

Fort Nelson, British Columbia - 952844900

Conversion of CFNL from AM to FM

Following a Public Hearing in Calgary beginning on 15 July 1996, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Fort Nelson, on the frequency 102.3 MHz, channel 272A, with an effective radiated power of 1,800 watts.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2003. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

The Commission approves the applicant's request that it be exempted from its policy requiring FM stations to restrict their use of hits to less than 50% of all music selections broadcast each week. The Commission has considered the particular circumstances of the applicant and is satisfied that its request meets the guidelines for assessing applications for programming flexibility from licensees of radio stations operating in small markets as outlined in Public Notice CRTC 1992-3 dated 16 January 1992.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent and notes that Nornet Broadcasting Ltd. will allocate $1,500 in annual direct expenditures towards the development of Canadian talent. It encourages the applicant, during the licence term, to continue its efforts towards the support, development and on-air exposure of local and regional talent.

The applicant currently operates the radio programming undertaking CFNL Fort Nelson and will cease operation of this AM undertaking four months following the implementation of the FM station. During the transition period, the applicant will simulcast the programming of CFNL on the proposed FM station. At the end of this period, the Commission requires the applicant to surrender the licence currently issued to CFNL.

It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

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 accepted 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 accepted 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. In this regard, the Commission encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed 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 operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

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 Broadcasting Act, the Commission will only issue the licence and the authority will only be granted 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.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General