ARCHIVED -  Decision CRTC 96-729

Decision

Ottawa, 29 October 1996

Decision CRTC 96-729

Touch Canada Broadcasting Inc.

Calgary, Alberta - 941542300

New FM gospel music radio programming undertaking

Following a Public Hearing in Calgary beginning on 15 July 1996, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Calgary on the frequency 88.9 MHz, channel 205C1, with an effective radiated power of 23,500 watts. The station will operate in the specialty format and will program gospel music.

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.

Touch Canada Broadcasting Inc. (Touch Canada) is controlled by Allan L. Hunsperger, President of the licensee's Board of Directors.

Touch Canada's application was technically mutually exclusive with a competing application by Thomas Fung and Roger Charest (on behalf of a company to be incorporated) (Fung/Charest) to operate an ethnic FM service. Both applications were predicated on the use of the same frequency, 88.9 MHz, channel 205C1. In Decision CRTC 96-728 also released today, the Commission approved the Fung/Charest application, but directed the applicant to find another frequency for its operation.

By condition of licence, the proposed station shall operate in the specialty format, as defined in Public Notice CRTC 1995-60, as amended from time to time by the Commission.

As part of its Promise of Performance, the applicant stated that 98% of the music broadcast on the proposed station will be from subcategory 34 (Non-classic religious). The applicant is required, by condition of licence, to adhere to the commitments set out in its Promise of Performance.

The Commission notes Touch Canada's commitment to broadcast 126 hours of local programming each week.

As its contribution to Canadian talent development, Touch Canada made a commitment to spend $12,560 each year on initiatives to support new Canadian musicians and artists. At the hearing, Touch Canada also agreed to participate in the Canadian Association of Broadcasters' (CAB) "Distribution Guidelines for Canadian Talent Development".

The applicant 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 applicant 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 applicant 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 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.

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. If the construction is not completed 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 operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

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 will only be granted 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 acknowledges the interventions submitted in support of this application.

This decision is to be appended to the licence.

 Allan J. Darling
 Secretary General