ARCHIVED -  Decision CRTC 99-19

Decision

Ottawa, 21 January 1999

Decision CRTC 99-19

Blackburn Radio Inc.

Sarnia, Ontario - 199801486

12 November 1998 Public Hearing
National Capital Region

Summary of decision

The Commission approves the replacement of AM station CKTY Sarnia with a new FM station. Subject to the requirements of this decision, the Commission will issue a licence to Blackburn Radio Inc. (Blackburn), expiring 31 August 2003, CKTY's current expiry date.

The Commission considers that approval of this application will enable the licensee to offer a better quality signal to Sarnia and surrounding areas and to maintain this local radio service.

Discussion

1. Blackburn stated that it has received complaints about poor reception of CKTY's signal from listeners within the station's licensed service area. According to Blackburn, moving CKTY to the FM band will enable the licensee to provide a better quality signal and, consequently, retain its current audiences and repatriate listeners from U.S. stations. Noting that it has sustained financial losses since 1997, Blackburn further claimed that approval of this application will enable it to assure the continued viability of the station.

2. The Commission has taken into account the seventeen interventions submitted in support of this application. The Commission also considered the concerns expressed in two opposing interventions as well as the licensee's responses to these concerns.

3. As requested by Blackburn, the Commission authorizes the licensee to simulcast the programming of CKTY on the new FM station for a period of three months. A condition of licence in this regard is set out below. At the end of this period, the Commission expects Blackburn to surrender CKTY's licence, for cancellation by the Commission.

Conditions of licence

4. The licence will be subject to the conditions specified in this decision and in the licence to be issued.

5. The licensee is authorized, by condition of licence, to simulcast the programming of CKTY on the new FM station for a transition period of three months following implementation.

6. Further, as 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, as amended from time to time;

· 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 an undertaking;

· 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

7. 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.

8. As proposed, the new FM station will operate on the frequency 106.3 MHz, channel 292B, with an effective radiated power of 35,000 watts.

9. 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.

10. 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.

11. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

Secretary General

This decision is to be appended to the licence.

This document is available in alternative format upon request, and may also be viewed at the following Internet site:

www.crtc.gc.ca