ARCHIVED -  Decision CRTC 95-697

Decision

Ottawa, 29 September 1995

Decision CRTC 95-697

176100 Canada Inc.

Plessisville, Quebec - 950930800

Conversion of an AM station to FM

Following a Public Hearing held in the National Capital Region on 17 July 1995, the Commission approves the application for a broadcasting licence for a French-language FM radio programming undertaking at Plessisville on the frequency 95.7 MHz, channel 239A, with an effective radiated power of 1,000 watts.

The licensee currently operates the radio programming undertaking CKTL Plessisville and has indicated that it will surrender the licence for that station within 30 days of the introduction of the new FM service.

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. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan and to better distribute the workload within the Commission.

In Decision CRTC 91-651 dated 27 August 1991, the Commission approved the acquisition of the assets of CKTL Plessisville by the applicant. Benefits of $109,000 over a five-year period ending 31 August 1996 were proposed as part of that transaction. Two interventions were submitted with respect to the current application concerning the commitments made by the applicant at the time of the acquisition. The Commission acknowledges these interventions and has noted the applicant's reply wherein it reiterates that it has committed to fulfil, within the specified period of time, the commitments made at the time it acquired CKTL. The Commission expects the applicant to fulfil these benefit commitments and to submit, in August 1996, at the end of the specified five-year period, a report outlining the progress made in this regard as well as any related expenditures.

It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budget of $2,300 allocated. The Commission does not, however, consider the total expenses of $2,000 associated with airplay and studio time to be direct costs and expects the applicant to reallocate this amount in direct expenditures toward other Canadian talent development initiatives. Accordingly, the Commission requires the applicant to submit, within three months of the date of this decision, a report outlining its revised plans for the support, development and on-air exposure of local and regional talent, including direct expenditures.

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 accepted 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 accepted 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. In this regard, the Commission encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This approval is subject to the requirement that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision, or where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations 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.

Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the applicant, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Department of Industry 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 that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

The Commission has noted the comments set out in the intervention by the Canadian Broadcasting Corporation with respect to the frequency of the new FM station and is satisfied with the applicant's reply thereto.

Allan J. Darling
Secretary General