ARCHIVED -  Decision CRTC 97-672

Decision

Ottawa, 10 December 1997

Decision CRTC 97-672

O.K. Radio Group Ltd.

Fort McMurray, Alberta - 199704838

Conversion of CJOK from AM to FM

1. Following a Public Hearing in the National Capital Region beginning on 15 October 1997, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Fort McMurray, on the frequency 93.3 MHz, channel 227B, with an effective radiated power of 10,700 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. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan and to better distribute the workload within the Commission.

4. O.K. Radio Group Ltd. (O.K. Radio) currently operates the radio programming undertaking CJOK Fort McMurray and will cease operation of that AM undertaking following the implementation of the FM station. At the time of implementation of the new FM station, the Commission requires the applicant to surrender the licence currently issued to CJOK.

5. O.K. Radio is the licensee of CJOK and CKYX-FM Fort McMurray. Approval of this application will therefore result in the licensee operating two FM radio programming undertakings in Fort McMurray. This situation would require an exception to the Commission's common ownership policy, which generally prohibits a licensee from operating two undertakings of the same type in the same language, in the same market.

6. In support of its application, the applicant indicated that it has examined alternative AM configurations and has concluded that the use of the FM frequency is the only practical option that will provide reliable and full coverage over the whole community, industrial area and transportation corridor. In addition, the applicant stated that the conversion of CJOK to the FM band will not negatively affect diversity of listening choices in Fort McMurray. The two stations operate separately with no simulcasting, CJOK provides full-time country hit music while CKYX-FM is a rock music station. The applicant also stated that it is committed to continue to offer the same broad-based community service currently provided and that CJOK will continue its role as a heritage station.

7. The Commission has considered the applicant's arguments and is convinced that approval of this application will provide a better quality service to the Fort McMurray population, and that an exception to the common ownership policy is warranted in this case.

8. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

9. The Commission notes that the licensee has committed to exceed the levels in the CAB's plan, by offering an additional annual Canadian talent development direct costs budget of $3,850. The licensee has agreed to adhere to this annual Canadian talent development budget, by condition of licence.

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 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.

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. 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.

14. 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.

15. 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.

Laura M. Talbot-Allan
Secretary General

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