ARCHIVED -  Decision CRTC 97-124

Decision

Ottawa, 27 March 1997

Decision CRTC 97-124

New Brunswick Broadcasting Co. Limited

Saint John, New Brunswick - 199611372

Conversion of CHSJ from AM to FM

Following a Public Hearing in the National Capital Region held on 15 January 1997, the Commission approves the application for a broadcasting licence for an English -language FM radio programming undertaking at Saint John on the frequency 94.1 MHz, channel 231C, with an effective radiated power of 50,400 watts.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2003. The new FM licence will be subject to the conditions specified in this decision and in the licence to be issued.

New Brunswick Broadcasting Co. Limited (New Brunswick) currently operates the radio programming undertaking CHSJ Saint John and will cease operation of this AM undertaking following the implementation of the FM station. During a transition period of three months, New Brunswick will simulcast the programming of CHSJ on the proposed FM station. At the end of this period, the Commission requires the applicant to surrender the licence currently issued to CHSJ.

In support of its application, New Brunswick noted that a move to the FM band would enable the station to provide a consistent, high quality signal across its coverage area, consequently improving service to the local community as well as the financial situation of the station.

Two interventions in opposition to this application were submitted by Radio Atlantic (CIBX) Ltd., licensee of CIBX-FM Fredericton and Radio One Ltd., licensee of CIHI and CKHJ-FM Fredericton. Both interveners raised concerns regarding the potential impact that approval of this application would have on their stations in the Fredericton market.

In response to the interventions, New Brunswick reiterated that it does not consider Fredericton "a potential source of revenue or listenership" and that the objective of the application is to ensure "the continuation and improvement of CHSJ's service to the community without altering the current media mix, affecting competition or resulting in any expansion of our sales effort beyond the area now being served". New Brunswick also stated that it would willingly accept any restrictions deemed appropriate by the Commission regarding the solicitation or acceptance of advertising in the Fredericton market.

The Commission has carefully considered the views of the applicant and of the interveners, including the numerous interventions in support and, based on the evidence available to it, is satisfied that approval of this application is in the public interest. Consistent with the applicant's undertaking, it is a condition of licence that the station not solicit advertising in the Fredericton market.

The Commission notes that the FM station will broadcast a minimum of 110 hours per week of local programming.

The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budgets and the initiatives proposed by the applicant in this respect. It encourages the applicant, during the new licence term, to continue its efforts towards the support, development and on-air exposure of local and regional talent.

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 licensee 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. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Imple-mentation 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 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.

This decision is to be appended to the new licence.

Allan J. Darling
Secretary General