ARCHIVED -  Decision CRTC 94-275

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Decision

Ottawa, 30 May 1994
Decision CRTC 94-275
Four Seasons Radio Ltd.
Trail and Creston, British Columbia - 940012800
New FM radio licence
Following a Public Hearing in the National Capital Region beginning on 25 April 1994, the Commission approves the application by Four Seasons Radio Ltd. (Four Seasons) for a broadcasting licence for an English-language (Group I - Pop, Rock and Dance) FM radio programming undertaking at Trail, on the frequency 95.7 MHz, with an effective radiated power of 13,500 watts.
The Commission will issue a licence expiring 31 August 1997, 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.
The Commission notes that Four Seasons, licensee of AM station CJAT, is required to vacate its present transmitter site. Four Seasons proposes to cease operation of CJAT within three months following the implementation of the new FM service. During the phasing-in period, CJAT will simulcast the programming of the FM station on frequency 610 kHz. At the end of this period, as contemplated in its application, Four Seasons is hereby required to surrender the licence currently issued for CJAT. This licence also included transmitter CFKC Creston which will now become a transmitter of the new FM.
As part of its application, the licensee proposed to broadcast a weekly maximum level of hits of 80%. This proposal constitutes an exemption to the Commission's policy requiring FM stations to restrict their use of hits to less than 50% of all music selections broadcast each week. The Commission has considered the particular circumstances of the licensee and is satisfied that its request meets the guidelines for assessing applications for programming flexibility from licensees of radio stations operating in small markets as outlined in Public Notice CRTC 1992-3 dated 16 January 1992.
The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the licensee's proposal to contribute 5% of its annual profit before interest and taxes (PBIT) when the station achieves a positive operating income. Meanwhile, the Commission encourages the licensee to seek out means of supporting, developing and exposing 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 licensee 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 licensee 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 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.
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.
It is a condition of licence that construction of this 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 licensee 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 periods of time as are approved in writing by the Commission.
Allan J. Darling
Secretary General

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