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Castlegar, British Columbia - 199703583
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Conversion of CKQR from AM to FM and addition of a transmitter at Trail
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1. Following a Public Hearing in the National Capital Region on 15 December 1997, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Castlegar on the frequency 99.3 MHz, channel 257A, with an effective radiated power of 333 watts, and a transmitter at Trail, operating on a frequency of 104.1 MHz, channel 281B, with an effective radiated power of 19.9 watts, upon surrender of the current licence issued for CKQR Castlegar.
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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.
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3. The licensee currently operates CKQR Castlegar and will cease operation of that AM undertaking following the implementation of the FM station. The Commission will not issue a licence for authority to carry on the proposed new FM undertaking until the licensee surrenders the licence currently issued for CKQR, for cancellation by the Commission.
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4. In support of its application, Valley Broadcasters Ltd. (VBL) claimed that operating CKQR on the FM band will enable the music-based station to achieve greater coverage and improved sound quality, making it more competitive with high-power FM stations from Spokane, Washington and with its competitor in the market, CJAT-FM Trail. VBL also argued that maintaining a new FM transmitter would be less costly than maintaining its current AM transmitter.
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5. As part of this application, VBL committed to make studio time available to regional artists and to broadcast their musical productions as part of CKQR's regular playlist. VBL also stated that it would showcase local and regional talent one hour each week and offer regular announcements promoting the station's access-to-airtime policy. According to VBL, the dollar value attached to this initiative amounts to $18,000. In addition, VBL will make available up to five minutes of airtime each week to broadcast opinions on local or regional concerns through one-minute commentaries aired each weekday morning. VBL will encourage listeners with differing points of views to respond to these commentaries.
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6. The Commission is satisfied that approval of VBL's application will improve CKQR's service and will not have any undue negative impact on other Canadian broadcasters.
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7. 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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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.
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9. 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.
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10. 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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11. 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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12. 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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13. 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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14. 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.
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15. The Canadian Broadcasting Corporation (CBC) filed an opposing intervention, claiming that VBL's proposal to use channel 99.3 MHz conflicts with the CBC's planned English-language mono service in Castlegar. The Commission notes that the CBC could use one of the other FM frequencies available in the Castlegar area for its planned English-language mono service.
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16. The Commission acknowledges the concerns expressed in the opposing intervention submitted by Kootenay Broadcasting System Limited, licensee of CJAT-FM Trail. The Commission is satisfied with VBL's response thereto.
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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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