ARCHIVED -  Decision CRTC 93-672

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Ottawa, 22 November 1993
Decision CRTC 93-672
CHLO Radio Ltd.
St. Thomas, Ontario - 930402300
New FM Radio Programming Undertaking
Following a Public Hearing in the National Capital Region beginning on 27 September 1993, the Commission approves the application for a broadcasting licence for an English-language (Group I - Pop, Rock and Dance) FM radio programming undertaking at St. Thomas on the frequency 103.1 MHz, channel 276, with an effective radiated power of 16,700 watts.
The Commission will issue a licence to CHLO Radio Ltd. expiring 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence at the same time as that of other radio stations in the area.
CHLO Radio Ltd. is currently the licensee of CHLO St. Thomas, which offers a country music service on the frequency 1570 kHz. It will cease operation of this AM undertaking three months following implementation of the proposed FM service. During this three-month transition, CHLO will simulcast on 1570 kHz the programming of the new FM station. At the end of this period, the Commission requires CHLO Radio Ltd. to surrender the licence currently issued for CHLO. The Commission notes that this application was filed following Decision CRTC 93-20 dated 18 January 1993. In that decision, the Commission approved an application by Telemedia Communications Ontario Inc. to change the technical parameters of CIQM-FM London, including changing its operating frequency from 103.1 MHz (channel 276) to 97.5 MHz (channel 248). At the same time, the Commission denied a competing application by CHLO Radio Ltd. to make use of the 97.5 MHz frequency. However, Decision CRTC 93-20 stated that:
 In approving Telemedia's application, the Commission has taken into account the fact that the frequency to be vacated by CIQM-FM may prove to be suitable for use by CHLO St. Thomas.
In support of its present application, the applicant argued that CHLO's survival as an independent operation on the AM band is threatened due mainly to the technical inadequacy of its signal. The applicant also stated that "with CHLO's current AM pattern we cannot reach eastern and western Elgin county which we are licensed to serve".
The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budgets and the initiatives proposed by the applicant in this respect. It encourages the applicant to continue its efforts towards the support, development and on-air exposure of local and regional talent.
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. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
It is a condition of licence that the applicant adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and approved by the Commission.
It is also a condition of licence that the applicant 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.
The Department of Communications (DOC) has advised the Commission that this application is condi- tionally 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.
In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority granted herein may only be implemented, at such time as written notification is received from the DOC that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
It is a condition of licence that construction of this undertaking be completed and that the station be in operation within twelve months of the date of receipt of the DOC notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
Blackburn Radio Inc., licensee of CFPL London, filed an opposing intervention claiming that the introduction of the proposed new FM station would have a negative impact on the London radio market. In response, CHLO Radio Ltd. stated that it did not anticipate that the proposed FM station would "ever become a major player in the greater London market from a sales stand- point" and stressed that it is committed to serving Elgin county. The Commission is satisfied with the applicant's response. Further, the Commission is satisfied that approval of this application should not have any undue impact on the London market.
Tillsonburg Broadcasting Company Limited, licensee of CKOT and CKOT-FM Tillsonburg, also submitted an opposing intervention, expressing concern that the proposed FM station would be competitive with its radio stations, particularly CKOT-FM, an "Easy Listening" station. In response, the applicant noted that it is requesting authority to operate a Group I (Pop, Rock and Dance) station, not an Easy Listening station. The Commission is satisfied with the applicant's reply. Moreover, the Commission is satisfied that the proposed FM station at St. Thomas and the intervener's Tillsonburg stations cannot be considered to compete in the same market.
The Commission acknowledges the opposing interventions submitted by Ranco Broadcasting and the Christian Institute of Broadcasting, Open Word Bible College requesting that the Commission delay hearing this application to allow consideration of an application for a Christian radio station. The Commission is satisfied that the applicant has provided adequate justification to support the introduction of the proposed new FM service at this time.
The Commission also acknowledges the seven interventions submitted in support of this application.
Allan J. Darling
Secretary General

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