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Ottawa, 15 February 1993
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Decision CRTC 93-64
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Telemedia Communications Ontario Inc.
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Orillia, Ontario - 911713600
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Following a Public Hearing in the National Capital Region beginning on 21 September 1992, the Commission approves the application by Telemedia Communications Ontario Inc. (Telemedia) for a broadcasting licence for an English-language Group II - Country FM radio programming undertaking at Orillia on the frequency 105.9 MHz (channel 290), with an average effective radiated power of 43,000 watts*.
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The Commission will issue a licence 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.
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Telemedia is currently the licensee of CFOR Orillia. It will cease operation of this AM undertaking three months following implementation of the proposed FM service. During this three-month phasing-in period, CFOR will simulcast the programming of the new FM station. Following this period, the Commission requires Telemedia to surrender the licence currently issued for CFOR.
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In approving this application, the Commission has taken into account the fact that the switch from the AM band to FM frequency 105.9 MHz, one which is designated for use in the Orillia area, will result in more consistent service, especially at night. The Commission also notes the licensee's commitment to ensure that the programming of the new station reflects a strong Orillia orientation.
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The Commission further notes the applicant's commitment to contribute $5,000 annually on behalf of the new Orillia station to the Country Talent Development Fund operated by the Canadian Country Music Association.
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Interventions in opposition to this application were submitted by Power Broadcasting Inc., licensee of CKLA-FM Guelph and CKBB Barrie; Dufferin Communications Inc., licensee of CIDC-FM Orangeville; CHAY-FM Limited, licensee of CHAY-FM Barrie; Rock 95 Broadcasting Barrie-Orillia Ltd., licensee of CFJB-FM Barrie/ Orillia; and the Economic Development Committee of Orangeville, Ontario.
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The concerns expressed by the interveners focused on their claims that approval could have a negative impact on other area stations. The licensees of the Barrie stations argued that the new FM signal reaching into Barrie would fragment the audience and reduce revenues.
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After careful consideration of the views of the interveners and of the applicant, the Commission remains unconvinced that approval of this application will result in any undue intrusions into the principal areas of operation of the licensee-interveners or cause undue financial harm for other radio stations in the area. The Commission notes in particular that the proposed Country format of the new station is not duplicated in the Barrie or Orillia area. The Commission also notes that signals of stations owned by two of the interveners, notably CHAY-FM and CFJB-FM, are received clearly in Orillia. With regard to CKBB, while this station does not provide a strong signal to Orillia, the Commission is satisfied that its situation in its central market is such that it will be able to deal satisfactorily with any potential increase in competition. As for CIDC-FM, the Commission notes that no significant part of the central market of this Orangeville station will be exposed to competition from the new station.
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The Commission also acknowledges the numerous interventions submitted in support of this application.
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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. Based upon the reports prepared by Employment and Immigration Canada, the Commission has determined that there is considerable room for improvement in the approach now being followed by the licensee toward achieving employment equity. Accordingly, the Commission expects the licensee to develop and implement, without delay, an effective plan of action to ensure that adequate employment equity practices are followed throughout its organization. In particular, the Commission encourages the licensee to promote equitable representation in on-air staff positions and in voice-overs of station-produced commercial messages. The Commission will review these matters at the time of licence renewals of other Telemedia undertakings.
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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.
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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 approved by the Commission.
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The Department of Communications (DOC) 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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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.
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It is a condition of licence that construction of the undertaking be completed and that it 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.
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*This application was originally gazetted as 50,000 watts, which is the peak effective radiated power. (Reference Notice of Public Hearing CRTC 1992-11-1).
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Allan J. Darling
Secretary General
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