ARCHIVED -  Decision CRTC 97-529

Decision

Ottawa, 29 August 1997

Decision CRTC 97-529

Telemedia Communications Inc.

North Bay, Ontario - 199613245

Licence renewal for CKFX-FM

1. Following Public Notice CRTC 1997-47 dated 25 April 1997, the Commission renews the broadcasting licence for the radio programming undertaking CKFX-FM North Bay from 1 September 1997 to 31 August 2004, 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. The Commission approves the request made by Telemedia Communications Inc. (Telemedia), as part of its licence renewal application, to amend CKFX-FM's Promise of Performance to allow the station to broadcast up to 30 minutes each week of French-language advertising material. In support of this request, Telemedia stated that its only competitor, CHUR-FM North Bay, may broadcast 30 minutes of advertising material in French each week.

3. L'Alliance des radios communautaires du Canada Inc. (the Alliance), Coopérative radio communautaire Nipissing inc. (CRCNI) and Radio communautaire Kapnord Inc. (Kapnord) submitted interventions opposing this request. The Alliance and CRCNI cited two previous Commission decisions denying similar requests by Telemedia, including one asking for authorization to broadcast 30 minutes each week of French-language advertising on CKAT-FM North Bay, now known as CKFX-FM (Decisions CRTC 96-666 dated 9 October 1996 and 89-496 dated 21 July 1989). In its intervention, Kapnord suggested that, as a French-language station, it would not be permitted to broadcast English-language advertising.

4. In response, Telemedia reiterated its argument that, while its station, CKFX-FM, is not authorized to broadcast French-language advertising, its only competitor, CHUR-FM, is allowed to do so. According to Telemedia, this discrepancy puts CKFX-FM at a competitive disadvantage. Telemedia further contended that, because it proposes to broadcast only 30 minutes of French-language advertising each week, approval of this request will not have a significant impact on community radio stations in the area. Moreover, the applicant noted that there are currently no French-language radio community services in North Bay.

5. In approving this request, the Commission has taken into consideration the fact that there were no opposing interventions from other English-language broadcasters in North Bay. The Commission has also noted that, presently, there are no French-language community stations operating in this city. Having considered all of the evidence available to it, the Commission is satisfied that approval of this request will enable CKFX-FM and CHUR-FM to operate on a more equal basis, and will not have an undue impact on other broadcasters in this market.

6. 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.

7. 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.

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. The Commission notes that this applicant 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 Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.