ARCHIVED -  Decision CRTC 97-271

Decision

Ottawa, 25 June 1997

Decision CRTC 97-271

Power Broadcasting Inc.

Cambridge, Ontario - 199610530

Conversion of CIAM from AM to FM

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 Cambridge, on the frequency 92.9 MHz, channel 225A, with an effective radiated power of 560 watts.

2. 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.

3. Power Broadcasting Inc. (Power) currently operates the radio programming undertaking CIAM Cambridge, and will cease operation of this AM undertaking following implementation of the FM station. During a transition period of three months, Power will simulcast CIAM's programming on the proposed FM station. The licensee is authorized, by condition of licence, to simulcast for a period of three months from the date of implementation. At the end of this period, the Commission requires the applicant to surrender the licence currently issued to CIAM.

4. In support of its application, Power stated that the rapid growth of audience tuning to FM over the past several years as well as customers' preference in choosing FM over AM for advertising campaigns, have severely impacted on CIAM's revenues. Power further noted that, although it has reduced its operating expenses, CIAM has been operating with a negative profit before interest and taxes (PBIT) for the past five years. According to Power, conversion of CIAM from AM to the FM band is needed to ensure survival of the service.

5. The proposed FM station's format is Pop, Rock and Dance oriented. It will broadcast a minimum of 89 hours of local programming each week. The rest of the programming will originate with the Pelmorex radio network.

6. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for the Cambridge market 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.

7. 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.

8. It is a condition of licence that the licensee 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. 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.

9. It is also a condition of licence that the licensee 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.

10. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act (the Act), the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

11. 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.

12. 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.

13. In accordance with subsection 22(1) of the 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.

14. The Commission acknowledges the twelve interventions submitted in support of this application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

DEC97-271_0