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ARCHIVED -  Decision CRTC 96-93

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Decision 
CRTC 96-93

Ottawa, 29 March 1996
CJRN 710 Inc.
Fort Erie/Niagara Falls, Ontario - 951548700
Licence amendment for CKEY-FM - Denied
Following Public Notice CRTC 1995-186 dated 1 November 1995, the Commission denies the application to amend the licence for the radio programming undertaking CKEY-FM Fort Erie/Niagara Falls, by reducing the minimum weekly percentage of Canadian content in category 2 musical selections from 30% to 20%.
As part of its application, the licensee stated that CKEY-FM qualifies for consideration under the guidelines set out in Public Notice CRTC 1992-3, entitled "Guidelines for Assessing Applications for Programming Flexibility From Licensees of Radio Stations in Border Markets and Small Markets".
In support of its application, the licensee argued that its situation is similar to the Windsor market in that CKEY-FM is affected more by U.S. stations than by competition with other distant Canadian signals and stated that "No Canadian station, other than CKEY-FM, is a factor in Buffalo. Therefore, the Commission should not automatically consider other radio broadcast undertakings licensed to St. Catharines/Niagara or elsewhere in Canada as being involved in, or affected by, approval of this application". In this regard, the licensee indicated that it needs more flexibility in order to compete in the Buffalo market and prevent losses in revenues and audience.
The Commission has considered the views expressed in the interventions submitted in opposition to this application by Standard Radio Inc. (licensee of CKTB and CHTZ-FM St. Catharines), the Canadian Independent Record Production Association (CIRPA) and the Society of Composers, Authors and Music Publishers of Canada (SOCAN) and the licensee's replies thereto.
The Commission agrees that the licensee qualifies for consideration under the above- noted guidelines for assessing programming flexibility for radio stations in border markets. However, in its guidelines, the Commission noted that "flexibility regarding Canadian content will not generally be accorded except for the licensees of AM and FM stations in border markets where exceptional circumstances are present, such as those identified in Public Notice CRTC 1984-233 entitled "Windsor Radio Review".
In Decision CRTC 93-687 dated 23 November 1993, the Commission denied a similar request by CKEY-FM, because it did not consider the circumstances of the Fort Erie/Niagara Falls market to be exceptional in comparison to those identified in the "Windsor Radio Review". In this regard, the Commission notes that no new evidence has been presented by the licensee which warrants changing the Commission's position as stated. Therefore, the Commission reiterates its position that CKEY-FM does not warrant a reduction from the minimum 30% Canadian Content requirements, as outlined in the Radio Regulations, 1986.
Allan J. Darling
Secretary General
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