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Centario Communications Inc.
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Lindsay, Ontario - 199702478
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Conversion of CKLY from AM to FM
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1. Following a Public Hearing in the National Capital Region held on 22 September 1997, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Lindsay, on the frequency 91.9 MHz, channel 220B, with an effective radiated power of 14,000 watts.
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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.
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3. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the 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.
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4. Centario Communications Inc. (Centario) currently operates the radio programming undertaking CKLY Lindsay and will cease operation of this AM undertaking three months following the implementation of the FM station. During the transition period, Centario will simulcast the programming of CKLY on the proposed FM station. The licensee is authorized, by condition of licence, to simulcast for a period of three months from the date of implementation. At the end of this period, the Commission requires the applicant to surrender the licence currently issued to CKLY.
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5. 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.
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6. 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.
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7. 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.
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8. 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.
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9. 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.
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10. 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.
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11. 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.
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12. In accordance with subsection 22(1) of the 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.
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13. The Commission acknowledges the opposing intervention received with respect to the technical proposal. The intervener claimed that Class A allotment, channel 294, available in Lindsay, would be a more appropriate choice for CKLY and further, that channel 220B proposed by the applicant could be better utilized in the greater Toronto area. In reply, Centario's broadcast engineering consultant submitted a detailed technical study and counter arguments that fully address the intervener's claims. The Commission is therefore satisfied that Centario has adequately addressed the issues raised in the intervention. Moreover, as noted earlier, the Department of Industry has certified Centario's technical proposal as acceptable.
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This decision is to be appended to the licence.
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Laura M. Talbot-Allan
Secretary General
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This document is available in alternative format upon request.
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