ARCHIVED -  Decision CRTC 96-9

Decision

Ottawa, 16 January 1996

Decision CRTC 96-9

Radio Atlantic (CFNB) Ltd.

Fredericton, New Brunswick - 951249200

Conversion of an AM station to FM

Following a Public Hearing in the National Capital Region beginning on 30 October 1995, the Commission approves the application for a broadcasting licence for an English- language FM radio programming undertaking at Fredericton, on the frequency 106.9 MHz, channel 295C1, with an effective radiated power of 100,000 watts.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 1998. 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.

The applicant currently operates the radio programming undertaking CFNB Fredericton and will cease operation of this AM undertaking three months following the implementation of the FM station. During the transition period, the applicant will simulcast the programming of CFNB on the proposed FM station. At the end of this period, the Commission requires the applicant to surrender the licence currently issued to CFNB.

The applicant indicated that approval of this application will result in a smaller coverage area for the FM station than is currently the case with CFNB. The applicant indicated however that news and programming operations would not be affected.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent. The Commission notes that the new FM station will allocate $3,450 annually in direct expenditures once it achieves a positive operating income. This commitment is consistent with the Commission's expectation noted in Public Notice CRTC 1993-55 dated 3 May 1993 which announced the transfer of control of CFNB. The applicant is reminded that, as outlined in Public Notice CRTC 1995-196 entitled "Contributions by Radio Stations to Canadian Talent Development - A New Approach", the Commission expects licensees, for the duration of their first licence term, to adhere to the Canadian talent development commitments made in the context of applications for new radio licences, including those involving moves from the AM to the FM band.

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.

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 approved 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 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. 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 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 period of time as is 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 numerous interventions submitted in support of this application.

Allan J. Darling
Secretary General