ARCHIVED -  Decision CRTC 97-255

Decision

Ottawa, 6 June 1997

Decision CRTC 97-255

Curtis Belcher, on behalf of a company to be incorported (Eternacom Inc.)

Sudbury, Ontario - 199610936

New Christian music FM radio station - Approved

1. Following a Public Hearing in Toronto beginning on 14 April 1997, the Commission approves the application for a broadcasting licence for an English -language FM radio programming undertaking at Sudbury, on the frequency 95.5 MHz, channel 238LP, with an effective radiated power of 35 watts.

2. This authority will only be effective and the licence will only be issued at such time as the Commission receives and accepts the incorporating 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.

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

4. The new station will broadcast Christian music, 24 hours per day. At least 95% of the total weekly music will be drawn from subcategory 34 (non-classic religious). Programming plans also include provisions for news and information segments promoting local events and activities. The station will be a non-commercial undertaking, with revenues generated through station-sponsored concerts featuring Christian entertainers, to be held three or four times annually. An Advisory Board of six community members drawn from six different denominations will be selected to monitor the activities of the new station. The Advisory Board will be responsible for receiving balanced input from various faiths, as well as screening music to ensure that no offensive material is broadcast.

5. In approving this application, the Commission is satisfied that the new station will have no significant impact on other stations operating in Sudbury, especially in view of the applicant's commitment to broadcast no advertising material. The Commission notes that this application was the subject of no opposing interventions, and considers that the addition of a Christian music station will increase the diversity of radio services available to Sudbury audiences. The Commission also notes that approval of this application leaves a number of other radio frequencies available for use in the Sudbury market.

6. The application describes the proposed undertaking as a 24-hour Christian music station, with some spoken word content. It did not indicate any plans to offer religious programming as defined in the Commission's religious broadcasting policy, outlined in Public Notice CRTC 1993-78. Nonetheless, the applicant is reminded of the Commission's requirements set out in that Public Notice with respect to the provision of balance and other matters involving the broadcasting of religious programming as well as the policy regarding the solicitation of funds.

7. As part of its Promise of Performance, adherence to which is a condition of licence under the Radio Regulations, 1986 (the regulations) the applicant made a commitment that 100% of its station programming will be locally produced. The Commission further notes the applicant's commitment, also made as part of the Promise of Performance, to broadcast, at a minimum, 20% Canadian content each week from content category 3 (Traditional and Special Interest music), rather than the minimum of 10% weekly required by the regulations for music from this category.

8. In accordance with commitments made in the application, it is a condition of licence that the applicant not broadcast any commercial messages.

9. It is also a condition of licence that the new station be operated in the specialty format, as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

10. It is a condition of licence that the applicant adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission.

11. 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 all aspects of its management of volunteer or paid staff.

12. 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.

13. 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.

14. 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.

15. The Commission acknowledges and has considered the numerous interventions submitted in support of this application.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General

This document is available in alternative format upon request.

DEC97-255_0