ARCHIVED -  Decision CRTC 97-49

Decision

Ottawa, 6 February 1997

Decision CRTC 97-49

Radio Nord inc.

Hawkesbury, Ontario - 199608577

Acquisition of assets and licence amendment for CHPR-1-FM

Following a Public Hearing in Montréal beginning on 2 December 1996, the Commission approves the application for authority to acquire the assets of CHPR-1-FM Hawkesbury from Radio Fusion inc., and for a broadcasting licence to continue the operation of this undertaking.

Upon surrender of the current licence, the Commission will issue a licence to Radio Nord inc., expiring 31 August 1999, the current expiry date. The licence will be subject to the same conditions as those in effect under the current licence, as well as to any other condition specified in this decision and in the licence to be issued.

In approving this application, the Commission has taken into consideration the fact that the proposed transaction is part of a corporate reorganization where Radio Fusion inc. has been dissolved and the assets distributed to Radio Nord inc. The Commission notes that the corporate reorganization occurred prior to obtaining Commission approval, and that the licensee was operating in non-compliance with the Broadcasting Act and the Radio Regulations, 1986. Consequently, the Commission reminds Radio Nord inc. that any transactions where regulated assets or effective control of an undertaking are being transferred require prior approval, and it expects the licensee to comply in the future.

The Commission approves the application to amend the broadcasting licence for CHPR-1-FM by increasing the effective radiated power from 780 watts to 3,000 watts.

The Commission notes that the station's service contours will increase which will result in considerable overlap in coverage between this station and its mother station, CJLA-FM Lachute. The Commission is satisfied, however, that approval of this power increase is justified in this case.

The Commission hereby authorizes the licensee to operate the undertaking on the basis of the contours and particulars resulting from the above-mentioned change.

The Commission notes that the licensee indicated that the station will produce programming intended for the additional localities within the increased contours.

The Commission authorizes the licensee to broadcast a maximum of one hour per broadcast week of English-language programming consisting of newscasts, interviews with members of the community, special interest features concerning social and cultural activities of the community, as well as advertising up to a maximum of 5 minutes per day. In approving this application, the Commission has taken into consideration the fact that there is no English-language radio service operating in the Hawkesbury market.

The Commission also notes that the local programming on CHPR-1-FM will be reduced from 21 hours to 15 hours per broadcast week. This is consistent with the policy set out in Public Notice CRTC 1993-121 dated 17 August 1993 entitled " Local Programming Policy for FM Radio - Definition of a Single-Station Market ". In accordance with the policy outlined in that public notice, CHPR-1-FM has been identified as operating in a single-station market and may solicit and accept local advertising, irrespective of the amount of local programming it broadcasts.

It is a condition of licence that the licensee 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. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

In Public Notice CRTC 1992-59, the Commission announced implementation of its employment equity policy. It advised licensees that, at the time of licence renewal or upon considering applications for authority to transfer ownership or control, it would review with applicants their practices and plans to ensure equitable employment. In keeping with the Commission's policy, it encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

The Commission acknowledges the opposing interventions submitted by Radio communautaire de Prescott-Russell inc. and L'Alliance des radios communautaires du Canada Inc. and it is satisfied with the licensee's reply thereto.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General