ARCHIVED -  Decision CRTC 98-382

Decision

Ottawa, 28 August 1998

Decision CRTC 98-382

Radio One Ltd.

Fredericton, New Brunswick - 199704383

Licence renewal for CKHJ-FM

1. Following Public Notice CRTC 1998-51 dated 19 May 1998, the Commission renews the broadcasting licence for the radio programming undertaking CKHJ-FM Fredericton from 1 September 1998 to 31 August 2002, 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 four-year term will enable the Commission to assess at an earlier date the licensee's compliance with its condition of licence relating to the broadcasting of hit material.

3. The programming of CKHJ-FM broadcast during the week of 10 to 16 November 1996 was reviewed by the Commission. Analysis of the programming broadcast revealed that the level of hit material broadcast was estimated to be 57.3%, although by condition of licence the licensee was required to broadcast, in any broadcast week, less than 50% hit material.

4. In response to the Commission's findings, the licensee acknowleged the non-compliance, and anticipated that modifications to the definition of hit material made subsequent to the period of non-compliance will help to ensure the station's compliance with its condition of licence.

5. 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.

6. It is also a condition of licence that the licensee broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42 dated 23 April 1997, as amended from time to time.

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, concurrently with 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. 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.

10. The licensee is authorized to operate at a transmitter power of 100,000 watts, but is currently operating at a reduced power of 78,000 watts as a trial to determine potential cost savings in transmitter operation. As noted below, the Department of Industry has indicated that it will renew the station's broadcast certificate for only one year under these circumstances. The licensee has made a commitment to file an application for a permanent reduction in power before the expiry of this licence term.

11. The Department of Industry has advised the Commission that it is prepared to renew the Broadcasting Certificate for a period of one year only, expiring 31 August 1999. 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.

Laura M. Talbot-Allan
Secretary General

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