ARCHIVED -  Decision CRTC 98-461

Decision

Ottawa, 28 September 1998

Decision CRTC 98-461

CFCP Radio Ltd.

Courtenay, British Columbia - 199800321

Conversion of CFCP from AM to FM

1.  Following a Public Hearing in the National Capital Region held on 20 July 1998, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Courtenay, on the frequency 98.9 MHz, channel 255B, with an effective radiated power of 2,685 watts.

2.  The Commission notes that the station will operate with an effective radiated power of 2,685 watts rather than 5,000 watts as announced in Notice of Public Hearing 1998-3 dated 14 May 1998.

3.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2005. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

4.  The applicant currently operates CFCP Courtenay and will cease operation of that AM undertaking following implementation of the FM station. The Commission will not issue a licence for authority to carry on the proposed new FM undertaking until the applicant surrenders the licence currently issued for CFCP, for cancellation by the Commission.

5.  In approving this application, the Commission has taken into consideration the fact that the applicant proposes to provide local, community-oriented information programming on FM, similar to what is currently offered on AM. Furthermore, the Commission notes that there are no interventions opposing the proposed conversion of CFCP to FM. Accordingly, the Commission is satisfied that approval of this application will not have any undue negative impact on the existing FM radio service in the Courtenay area.

6.  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.

7.  It is also a condition of licence that the licensee broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42 dated 23 April 1997, as amended from time to time.

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, concurrently with 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 application also included an additional annual Canadian talent development commitment of $2,600 to FACTOR proposed as a condition of licence. Accordingly, consistent with the applicant's commitment, it is a condition of licence that the licensee make an additional annual payment to FACTOR of $2,600.

10.  It is a condition of licence that the licensee 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. 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.

11.  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.

12.  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.

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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