ARCHIVED -  Decision CRTC 97-384

Decision

Ottawa, 8 August 1997

Decision CRTC 97-384

Nornet Broadcasting Ltd.

Fort Nelson, British Columbia - 951921600

Licence renewal for CFNL

1. Following Public Notice CRTC 1996-144 dated 4 November 1996 and Decision CRTC 96-800 dated 20 December 1996, the Commission renews the broadcasting licence for the radio programming undertaking CFNL Fort Nelson, from 1 September 1997 to 31 August 2000, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.

2. This term will enable the Commission to assess at an early date the licensee's compliance with the Radio Regulations, 1986 (the regulations).

3. The self-assessment report submitted by the licensee for the week of 10 to 16 September 1995 indicated that the licensee had failed to comply with subsection 2.2(3) of the regulations by broadcasting only 27.1% of Canadian content of musical selections from Category 2.

4. The licensee explained that the station aired a 5-hour Elvis Presley special on 16 May 1995 and that the announcer, although instructed to do so, failed to counterbalance this with sufficient Canadian content musical selections. The licensee indicated that it had taken steps to prevent any recurrence of non-compliance.

5. The Commission views with great concern the licensee's failure to comply with this regulatory requirement. It intends to monitor the licensee's performance during the new licence term, and directs the licensee to take all necessary measures to ensure that the regulations are adhered to at all times.

6. The Commission approves the application to delete the terms of licence concerning the antenna site location, as set out in the licence.

7. The Commission further approves the application to replace the terms of the licence concerning the contours and particulars contained in the approved application and the studio location, with the following condition:

It is a condition of licence that the undertaking be operated on the basis of the contours and particulars contained in the approved application, except as otherwise authorized by the Commission in writing.

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

9. 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 licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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