ARCHIVED -  Decision CRTC 99-174

Decision

Ottawa, 15 July 1999

Decision CRTC 99-174

P.L.M. Broadcasting Ltd.

Tofino, British Columbia - 199805230

3 May 1999 Public Hearing
in Vancouver

New FM radio programming undertaking

1.  The Commission approves the application for a broadcasting licence for an English-language low-power FM radio programming undertaking at Tofino.

2.  Subject to the requirements of this decision, the Commission will issue a licence to P.L.M. Broadcasting Ltd. expiring 31 August 2005.

3.  Funding for the station will be provided by the Ma-Mook Development Corporation, a non-profit business development corporation created by the five Central Region First Nations of the Nuu-chah-nulth Tribal Council.

4.  The new station will broadcast 126 hours of locally-produced programming each week. In the area of music, it will offer a general middle-of-the-road format including modern and light rock, classic and modern country as well as local talent. The station will also offer a talk show. The applicant plans to provide approximately 20 hours each week of programming in the Nuu-chah-nulth language, consisting of stories and native music, to be broadcast between 10:00 a.m. and 2:00 p.m., Monday to Friday. The applicant also intends to offer 2 hours each week of French-language programming, including French-Canadian folk music and dialogue, to be broadcast Thursday evenings from 10:00 p.m. until midnight.

5.  The Commission notes that the applicant did not propose any arrangement to support Canadian talent development. The Commission expects the applicant to develop a plan in this regard. In doing so, the applicant might consider adopting the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196. Under these guidelines, the applicant would be required to spend $400 each year on Canadian talent development.

6.  The Commission reminds the applicant that it must abide by the provisions of the Radio Regulations, 1986 requiring that at least 35% of category 2 musical selections broadcast between 6 a.m. and 6 p.m., Monday through Friday, be Canadian selections.

Conditions of licence

7.  The licence will be subject to the conditions specified in this decision and in the licence to be issued. By conditions of licence, the licensee must:

·  not operate this station within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission;

·  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;

·  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 approved 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; and

·  adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

Other matters

8.  The licence will only be issued and effective when the new station is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the station is not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.

9.  As proposed, the new FM station will operate on the frequency 101.7 MHz, channel 269LP, with an effective radiated power of 50 watts.

10.  The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a Broadcasting Certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

11.  In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence and grant the authority to operate when it receives notification from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

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.

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca

Secretary General