ARCHIVED -  Decision CRTC 97-95

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Decision

Ottawa, 5 March 1997
Decision CRTC 97-95
Bras d'Or Broadcasting Limited
Sydney, Nova Scotia - 199611299
Acquisition of assets
Following a Public Hearing in the National Capital Region held on 15 January 1997, the Commission approves the application for authority to acquire the assets of CHER Sydney from Peat Marwick Thorne, Inc., Receiver and Manager/Trustee of Radio Cape Breton Limited, in bankruptcy, and for a broadcasting licence to continue the operation of this undertaking.
The Commission will issue a licence to Bras d'Or Broadcasting Limited expiring 31 August 2003, upon surrender of the current licence. The licence will be subject to the same conditions as those in effect under the current licence, as well as to any other condition specified in this decision and in the licence to be issued.
The purchase price to be paid is $80,000. Based on the evidence filed with the application, the Commission has no concerns with respect to the availability or the adequacy of the required financing and is satisfied with the benefits flowing from this transaction. Moreover, the Commission is of the view that approval of this application is in the public interest.
The Commission notes the important benefit associated with this transaction, that being the maintenance and revitalisation of an alternative third local service for Sydney. The intangible benefits also include commitments related to news and other local programming, local talent, and a community-based editorial board.
It is a condition of licence that the applicant 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.
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.
In Public Notice CRTC 1992-59, the Commission announced implementation of its employment equity policy. It advised licensees that, at the time of licence renewal or upon considering applications for authority to transfer ownership or control, it would review with applicants their practices and plans to ensure equitable employment. In keeping with the Commission's policy, it encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of twelve months only, expiring 5 March 1998. With respect to the operation of this undertaking beyond this period, the Commission draws the licensee's attention to subsection 22(1) of the Broadcasting Act pertaining to the technical certification of broadcasting undertakings and to subsection 22(4) which provides that any broadcasting licence issued, amended or renewed in contravention of section 22 is of no force or effect.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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