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Broadcasting Decision CRTC 2017-206

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Reference: 2016-392

Ottawa, 20 June 2017

Peace River Broadcasting Corporation Ltd.
Peace River, Alberta

Application 2016-0392-8, received 15 April 2016
Public hearing in the National Capital Region
7 December 2016

CKYL Peace River – Conversion to the FM band

  1. The Commission approves the application by Peace River Broadcasting Corporation Ltd. (Peace River Broadcasting) for a broadcasting licence to operate an English-language FM commercial radio programming undertaking in Peace River, Alberta, to replace its AM commercial radio programming undertaking CKYL Peace River and its rebroadcasting transmitter CKYL-FM-1 Peace River. The terms and conditions of licence are set out in the appendix to this decision.The Commission did not receive any interventions regarding this application.
  2. Peace River Broadcasting is a wholly owned subsidiary of Peace Radio Network Ltd., which in turn is controlled by the trustees of the Babiy Family Trust, Terrance J. Babiy and Cynthia J. Babiy.
  3. The new FM station will operate at 94.9 MHz (channel 235C1), the frequency currently used by the rebroadcasting transmitter CKYL-FM-1, with an average effective radiated power (ERP) of 62,000 watts (maximum ERP of 100,000 watts with an effective height of antenna above average terrain of 219.9 metres).
  4. In support of its application, Peace River Broadcasting noted that there had been a steady decline in the AM coverage of CKYL for many years due to deteriorating transmission equipment and an increase in external sources of interference. It added that the cost of repairing the AM station would equal or exceed that of an FM conversion.
  5. The new FM station will maintain the hot country music format currently offered on the AM station, which targets adults between the ages of 18 to 54. It will broadcast 126 hours of programming per broadcast week, including 97 hours of local programming. Overall, 7.3 hours of the station’s programming in each broadcast week will be devoted to news, including 4.4 hours of local and regional news.
  6. Finally, the remaining rebroadcasting transmitters currently associated with CKYL will be reassigned as rebroadcasting transmitters of the new FM station.

Canadian content development

  1. The applicant must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986 (the Regulations), as amended from time to time. According to the applicant’s financial projections, the new station will generate annual revenues below the $1.25 million threshold set out in the Regulations throughout its licence term and therefore may not be required to make any basic CCD contributions so long as annual revenues remain below $1.25 million.

Simulcast period and revocation of AM licence

  1. As set out in the appendix to this decision, Peace River Broadcasting is authorized to simulcast the programming of the new FM station on CKYL for a transition period of three months following the commencement of operations of the FM station. Pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act and consistent with the licensee’s request, the Commission revokes the broadcasting licence for CKYL effective at the end of the simulcast period.

Secretary General

This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2017-206

Terms, conditions of licence, expectation and encouragement for the English-language FM commercial radio programming undertaking in Peace River, Alberta, and its transmitters

Terms

The licence will expire 31 August 2023.

The station will operate at 94.9 MHz (channel 235C1) with an average effective radiated power (ERP) of 62,000 watts (maximum ERP of 100,000 watts with an effective height of antenna above average terrain of 219.9 metres).

The following rebroadcasting transmitters currently assigned to CKYL Peace River will be reassigned to the new FM undertaking following the commencement of operations of the new FM station:

Pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department of Industry notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.

Further, the Commission will only issue a licence for this undertaking once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 20 June 2019. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Conditions of licence

  1. The licensee shall adhere to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.
  2. The licensee is authorized to simulcast the programming of the new FM station on CKYL Peace River for a transition period of three months following the commencement of operations of the FM station.

Expectation

The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Encouragement

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, 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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