ARCHIVED -  Decision CRTC 99-170

Decision

Ottawa, 14 July 1999

Decision CRTC 99-170

Maritime Broadcasting System Limited

Kentville; Middleton; Windsor; Digby and Weymouth, Nova Scotia - 199812699 - 199812681 - 199812707 - 199812673 - 199812714

3 May 1999 Public Hearing
in Vancouver

Acquisition of assets

1.  The Commission approves the applications for authority to acquire the assets of the radio programming undertakings CKEN and CKWM-FM Kentville, CKAD Middleton, CFAB Windsor and the radiocommunication distribution undertaking consisting of CKDY Digby and CKDY-FM-1 Weymouth, from Annapolis Valley Radio Ltd. (Annapolis), and for broadcasting licences to continue the operation of these undertakings.

2.  The Commission will issue licences to Maritime Broadcasting System Limited (Maritime Broadcasting), expiring 31 August 2004, (the current expiry date) upon surrender of the current licences.

3.  The Commission notes that this transaction represents an intra-corporate reorganisation that does not alter the effective control of the licensee.

4.  In Letter of Authority A98-0034, the Commission approved applications by Annapolis to transfer effective control of its parent company, Braemount Holdings Limited (Braemount), to Maritime Broadcasting. At that time, Maritime Broadcasting intended to amalgamate Braemount and Annapolis with Maritime Broadcasting, with the resulting entity continuing as Maritime Broadcasting. Subsequently, Maritime Broadcasting determined that it is administratively preferable to transfer the assets from Annapolis and Braemount to Maritime Broadcasting and to dissolve Annapolis and Braemount.

Conditions of licence

5.  The licences will be subject to the conditions specified in this decision and in the licences to be issued.

CKEN, CFAB, CKAD and CKWM-FM

6.  By condition of licence, the licensee must:

·  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; and

·  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 approved 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;

·  adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

CKWM-FM

7.  By condition of licence, the licensee must:

·  not operate the station within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission;

·  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.

Other matters

8.  The Commission notes that this licensee 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. It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca

Secretary General