ARCHIVED -  Decision CRTC 97-274

Decision

Ottawa, 25 June 1997

Decision CRTC 97-274

Peace River Broadcasting Corporation Ltd.

Peace River, Alberta -199608733

New FM radio programming undertaking

1. Following a Public Hearing in the National Capital Region beginning on 17 March 1997, the Commission approves the application by Peace River Broadcasting Corporation Ltd. (Peace River), for a broadcasting licence for an English-language FM radio programming undertaking at Peace River on the frequency 106.1 MHz, channel 291A, with an effective radiated power of 1,841 watts.

2. 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.

3. In support of its application, Peace River stated that the proposed FM station will focus on the Peace River, Grimshaw and immediate surrounding areas, and that its proposed contour had been purposely limited in power and range so as to not impact on any other commercial radio stations outside this market. The applicant also indicated that the new FM station will provide specialized coverage of news, sports and special events.

4. Interventions opposing this application were submitted by the Association canadienne-française de l'Alberta - Régionale de Rivière-la-Paix, licensee of the local French-language community station CKRP-FM and L'Alliance des radios communautaires du Canada Inc. (ARC). Both interveners expressed concerns regarding the potential negative impact of this new FM service on CKRP-FM which has been in operation since November 1996. In response, the applicant indicated that the impact of the new FM on CKRP-FM should not be significant because both stations offer distinct programming and target distinct audiences.

5. The Commission has reviewed the interveners' arguments, as well as the applicant's response thereto. Based on all the evidence available to it, the Commission is satisfied that the new English FM service will have minimal impact on CKRP-FM.

6. As part of its application, Peace River requested to be exempted from the Commission's policy that limits the use of hit musical selections on FM radio stations to less than 50% of all musical selections broadcast each week, by being authorized to broadcast a weekly maximum hits level of 59%.

7. The Commission notes that in Public Notice CRTC 1997-42 dated 23 April 1997 entitled Revised policy on the use of hits by English-language FM radio stations, it announced a new definition of a hit that will apply to all English-language commercial FM stations other than those serving the Montréal and Ottawa/Hull markets. The new definition will grant licensees operating in those markets greatly enhanced flexibility in the programming of music.

8. Taking into consideration the foregoing, the Commission denies the licensee's request. Therefore, it is a condition of licence that the station restrict its use of hits to less than 50% of all musical selections broadcast each week.

9. The Commission reaffirms the particular importance it attaches to the development of Canadian talent, and notes the annual budget of $5,400 in direct costs proposed by the applicant in this respect. The Commission encourages the licensee to direct its annual $400 FACTOR contribution in accordance with the Canadian Association of Broadcasters' (CAB) Distribution Gulidelines For Canadian Talent Development as outlined in Public Notice CRTC 1995-196.

10. 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.

11. It is a condition of licence that the applicant adhere to the guidelines on gender portrayal set out in the CAB's Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission.

12. It is also a condition of licence that the licensee 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.

13. 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.

14. This authority will only be effective and the licence will only be issued at such time as the 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.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

DEC97-274_0