ARCHIVED -  Decision CRTC 94-438

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Ottawa, 27 July 1994
Decision CRTC 94-438
CKAN 1984 Limited
Newmarket, Ontario - 940211600
Conversion of an AM station to FM
Following a Public Hearing in the National Capital Region on 12 July 1994, the Commission approves the application for a broadcasting licence for an English-language (Group I - Pop, Rock and Dance) FM radio programming undertaking at Newmarket on the frequency 88.5 MHz, channel 203A, with an effective radiated power of 700 watts.
The Commission will issue a licence expiring 31 August 1999, 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 proposed FM station will replace the existing AM service CKDX Newmarket which is operated by the licensee. In support of its application, the licensee stated that the conversion of CKDX to the FM band is necessary in view of the station's financial difficulties and the problems that it is experiencing in securing a lease for the site of the CKDX transmitter.
The Commission reaffirms the particular importance it attaches to the development of Canadian talent. As part of its application, the licensee indicated that it was unable to make a commitment in direct expenditures to Canadian talent development because of the AM station's financial difficulties. The Commission will expect the licensee to make direct cost contributions to the development of Canadian talent once the FM station achieves a positive operating income, the profit before interest and tax (PBIT) index being the primary profitability indicator. Meanwhile, the Commission encourages the licensee to seek out other means of supporting, developing and exposing local and regional talent on-air.
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.
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.
Industry Canada 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.
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 Department of Industry, Science and Technology that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
It is a condition of licence that the authority granted herein be implemented within twelve months of the date of receipt of the Department of Industry, Science and Technoloby 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.
The Commission acknowledges the intervention concerning the proposed frequency for the new FM station submitted by Wayne V. Plunkett and is satisfied with the licensee's reply thereto.
Allan J. Darling
Secretary General

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