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Decision

Ottawa, 23 April 1998

Decision CRTC 98-135

Tim Rivers-Garrett, on behalf of a company to be incorporated to be known as Homegrown Community Radio

Killaloe, Ontario - 199711693

New community radio programming undertaking

1. Following a Public Hearing in the National Capital Region beginning on 16 February 1998, the Commission approves the application for a broadcasting licence for an English-language FM community radio programming undertaking at Killaloe, operating on the frequency 102.9 MHz, channel 275LP, with an effective radiated power of 33 watts.

2. Consistent with Public Notice CRTC 1992-38 dated 29 May 1992 entitled Policies for Community and Campus Radio and subject to the requirements of this decision, the Commission will issue a licence for a Type B community radio station. Consistent with the applicant's request, the licence will expire on 31 August 2001, and will be subject to the conditions specified in this decision and in the licence to be issued.

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

4. The Commission expects community radio to develop innovative and alternative forms of community-oriented programming that contribute to the diversity and variety of radio services within a community. It also expects community radio to focus on all aspects of the community, by offering programming which examines issues affecting all of its members, as well as programs which deal with matters of interest to specific elements within it, such as neighbourhoods, surrounding towns, villages, and specific interest groups.

5. The applicant indicated that the proposed station will broadcast 70 hours of programming each week and that it will not broadcast any network programming. The applicant plans to offer programming on news, agriculture, gardening, health, lifestyle, aboriginal affairs as well as on local artists, actors, writers, story tellers, musicians, entrepeneurs and craftspeople.

6. In accordance with its commitment, its condition of licence that the licensee broadcast a minimum of 35 hours of local programming each week. This will allow the licensee to decrease its level of programming in some weeks when it is not possible to produce a full 70 hours.

7. In accordance with its commitment, it is a condition of licence that the licensee broadcast a minimum level of 35% Canadian content of all musical selections from category 2 and that a minimum of 15% of the total music programming be from category 3.

8. In Public Notice CRTC 1992-38, the Commission stated that, in order to maintain musical diversity, Type B stations would have a maximum repeat factor of 10. The applicant requested an exception to this policy, asking authorization to broadcast non-hit musical selections produced locally or recorded by local artists, born or resident in the Killaloe area, up to a maximum of 18 times each week. For the balance of the musical selections, the applicant proposed to repeat each selection a maximum of 8 times each week. In support of this request, the applicant stated that the proposed station would be "devoted to the development of our local Canadian artists" and added that it wanted "to emphasize our local talent".

9. The Commission approves the applicant's request. Accordingly, it is condition of licence that the licensee broadcast no more than 18 times during the broadcast week non-hit musical selections that have been produced locally or recorded by artists, born or resident in the Killaloe area. For the remainder of the musical selections, it is a condition of licence that the licensee broadcast each selection no more than 8 times during the broadcast week.

10. It is a condition of licence that the licensee broadcast no more than 6 minutes of advertising in any hour of broadcast, and that it broadcast no more than an average of 4 minutes of advertising for every hour of broadcast up to a total of 504 minutes of advertising per week, in accordance with the community radio policy for Type B stations.

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

12. It is 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.

13. 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. It considers that campus and community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

14. 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.

15. 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.

16. 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.

17. The technical parameters approved in this decision are for a low power unprotected FM service. Accordingly, the licensee would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.

18. The Commission acknowledges the intervention submitted in support of this application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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