ARCHIVED -  Decision CRTC 97-685

Decision

Ottawa, 30 December 1997

Decision CRTC 97-685

Jeannine Dancy, doing business under the style of "NOTL Info Radio"

Niagara-on-the-Lake, Ontario - 199707535

New low-power FM radio programming undertaking

1.  Following a Public Hearing in the National Capital Region held on 15 December 1997, the Commission approves the application for a broadcasting licence for a low-power English-language FM radio programming undertaking at Niagara-on-the-Lake, on the frequency 90.7 MHz, channel 214LP, with an effective radiated power of 1.3 watts.

2.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2004. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

3.  The Commission notes that this undertaking will provide a 24-hour-a-day tourist information service consisting of pre-recorded messages related to the national parks and other attractions in the area, including the Shaw Festival, the Historical Museum and the Chamber of Commerce. The Commission also notes that no musical selections will be broadcast on the service, except as incidental background music.

4.  In Public Notice CRTC 1993-95 dated 28 June 1993 and entitled A Licensing Policy for Low-Power Radio Broadcasting, the Commission stated that the licensees of low-power radio undertakings should be subject to a condition of licence that would define their programming in such a way as to ensure that they do not change their programming and begin to offer the same service as conventional licensees, without Commission approval.

5.  The Commission has considered the circumstances of this application and is of the view that it would be appropriate to apply the policy to it. Accordingly, it is a condition of licence that the station be used solely to broadcast a tourist information service consisting of pre-recorded messages to the Niagara-on-the-Lake area.

6.  It is a condition of licence that the advertising material broadcast by the undertaking shall not exceed six minutes per clock hour.

7.  It is also a condition of licence that no musical selections be broadcast, except as incidental background music to events.

8.  The technical parameters approved in this decision are for a low-power unprotected FM service. Accordingly, the applicant would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.

9.  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.

10.  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 licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

11.  An intervention in opposition to this application was submitted by RB Communications (RBC), licensee of CHOW Welland, expressing concern that the area is already well served by radio signals, and that advertising revenues have not exhibited any positive growth for many years.

12.  In response to the concerns expressed by RBC, the applicant noted that this undertaking has operated seasonally for some time, and with a power of only 1.3 watts, would not be seriously competitive with any commercial service in the area.

13.  The Commission has considered the views of the intervener and of the applicant, and is satisfied that approval of this application will not result in any undue negative impact on existing broadcasters in the area.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.