ARCHIVED -  Decision CRTC 96-728

Decision

Ottawa, 29 October 1996

Decision CRTC 96-728

Thomas Fung and Roger Charest, on behalf of a company to be incorporated

Calgary, Alberta - 951600600

New FM ethnic radio programming undertaking at Calgary - Approved

Following a Public Hearing held at Calgary beginning on 15 July 1996, the Commission approves the application by Thomas Fung and Roger Charest, on behalf of a company to be incorporated, (Fung/Charest) for a broadcasting licence for a Group III (Specialty) FM ethnic radio programming undertaking at Calgary. The Commission, however, denies Fung/Charest's request for use of frequency 88.9 MHz, channel 205C1, at Calgary.

Fung/Charest's application was technically mutually exclusive with a competing application by Touch Canada Broadcasting Inc. (Touch) for a broadcasting licence to carry on an English-language FM programming undertaking at Calgary to broadcast in the specialty format, using the frequency 88.9 MHz, channel 205C1. In Decision CRTC 96-729, also released today, the Commission approved Touch's application and authorized it to use frequency 88.9 MHz, channel 205C1.

At the hearing, Fung/Charest stated that, if required to do so, it could find another Class C frequency for its proposed station at Calgary. The Commission, therefore, directs Fung/Charest to submit, within six months of the date of this decision, an amendment to the proposed technical parameters predicated on the use of another frequency at Calgary.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2002. This licence will be 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.

This authority will only be effective and the licence will only be issued at such time as the Commission receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects and that it may be issued a licence.

The company to be incorporated will be owned equally by O.K. Radio Group Ltd. (OK Radio) and Y.B.C. Holdings Limited (YBC). OK Radio is the licensee of ethnic station CKER Edmonton as well as five other radio stations in Alberta and British Columbia. YBC is the licensee of ethnic station CJVB Vancouver.

Fung/Charest will operate the proposed FM undertaking as an ethnic station in accordance with subsection 7(1) of the Radio Regulations, 1986 and with the Commission's policy outlined in Public Notice CRTC 1985-139 entitled "A Broadcasting Policy Reflecting Canada's Linguistic and Cultural Diversity".

In keeping with Fung/Charest's commitments, it is a condition of licence that the licensee broadcast a minimum of 90 hours of Types A and B ethnic programs during each broadcast week. It is also a condition of licence that the licensee provide programming in each broadcast week directed to a minimum of 10 ethno-cultural groups in a minimum of 19 different languages. Further, by condition of licence, the licensee shall broadcast a minimum of 82 hours per broadcast week of local programming.

As part of its application, Fung/Charest stated that it would direct $3,900 each year to various initiatives in support of Canadian talent development. In addition, Fung/Charest is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) "Distribution Guidelines For Canadian Talent Development", as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

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 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 CAB's "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 licensee 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 accordance with subsection 22(1) of the Broadcasting Act, the Commission will issue a licence to the applicant if it is in receipt of written notification from the Department of Industry, within twelve months of the date of this decision that it will issue a Broadcasting Certificate. No licence will be issued if the Commission does not receive this notification within said period or, where the applicant applies to the Commission within this period and satisfies the Commission that it is unable to obtain said notification 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.

This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. The licence will not be issued if construction is not completed within twelve months of the date of receipt of the Department of Industry 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 implement its authority 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 many interventions submitted in support of this application, as well as that in opposition submitted by Redmond Broadcasting Inc., licensee of CKRY-FM Calgary.

This decision is to be appended to the licence.

 Allan J. Darling
 Secretary General