ARCHIVED -  Decision CRTC 95-615

Decision

Ottawa, 28 August 1995

Decision CRTC 95-615

Golden West Broadcasting Ltd.

Hamilton, Ontario - 941916900

Licence renewal for CHAM

Following Public Notice CRTC 1995-50 dated 30 March 1995, the Commission renews the broadcasting licence for CHAM Hamilton from 1 September 1995 to 31 August 1999, subject to the conditions in effect under the current licence, as well as to those conditions specified in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act, will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission. This term is not reflective of any Commission concern regarding the licensee's performance.

In its licence renewal application, the licensee requested that the implementation of the total benefits package approved in Decision CRTC 92-600 be deferred until such time as the station achieves profitability. Of the originally proposed benefits package, which consisted of a contribution of $15,000 to South Ontario Talent Search and $2,000 annually towards the Country Music Hall of Fame, the licensee spent only $2,000 on the Country Music Hall of Fame. In addition, the licensee spent $7,000 on Canadian Women in Radio and Television (CWRT), contributed $30,000 to Digital Research Institute Inc. (DRII) for digital radio initiatives and spent $75,000 on CHAM Video Parties, and asked the Commission to consider these payments as replacement initiatives for the originally-proposed Canadian talent development initiatives.

The Commission reminds the licensee that it is expected to notify and seek prior approval from the Commission if changes to an approved benefits package are anticipated.

With respect to the replacement benefits, the Commission considers the "CHAM Video Parties" to be station promotion, and, therefore, has not accepted this initiative as a quantifiable benefit.

While the CWRT and DRII initiatives are normally acceptable as quantifiable benefits in transfer of ownership applications, the Commission does not generally allow programming benefits to be replaced by non-programming benefits. However, in view of the financial difficulties of the station and the fact that the monies have already been spent in good faith by the licensee towards fulfilling its obligations, the Commission accepts the $37,000 expenditure.

In light of the foregoing and the licensee's financial situation, the Commission approves the licensee's request to defer the remaining $46,000 of the benefits package, until such time as the station achieves a positive operating income. The outstanding balance of $46,000 must, however, be directed toward other programming initiatives. In addition, the Commission approves the licensee's request for relief from its commitment to allocate $125,000 to maintain the current direct Canadian talent development expenditures.

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. The Commission recognizes the licensee's involvement in various employment equity initiatives. Nevertheless, the Commission considers that the licensee could increase its efforts in relation to visible minorities, persons with disabilities and Aboriginal Peoples.

Allan J. Darling
Secretary General