ARCHIVED -  Decision CRTC 99-171

Decision

Ottawa, 14 July 1999

Decision CRTC 99-171

Jim Pattison Industries Ltd., a wholly-owned subsidiary of Jim Pattison Ltd.

Kelowna, British Columbia - 199900832

3 May 1999 Public Hearing
in Vancouver

Acquisition of assets

1.  The Commission approves the application by Jim Pattison Industries Ltd., a wholly-owned subsidiary of Jim Pattison Ltd., for authority to acquire the assets of CKLZ-FM and CKOV Kelowna from 549501 British Columbia Ltd. (549501 BC), and for broadcasting licences to continue the operation of these undertakings. This transaction is part of a corporate reorganization that calls for the dissolution of 549501 BC, a wholly-owned subsidiary of Jim Pattison Industries Ltd.

2.  The Commission will issue licences to Jim Pattison Industries Ltd. expiring 31 August 2004 (the current expiry date) upon surrender of the current licences.

3.  The Commission notes that this transaction does not alter the effective control of the licensee.

Conditions of licence

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

CKLZ-FM>

5.  It is a condition of licence that CKLZ-FM 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.

CKOV

7.  It is a condition of licence that, in those periods of category 2 music consisting exclusively of music composed before 1956, the Canadian content level is not less than 2% on a weekly basis; and in those periods of category 2 music consisting of 90% or more, but not exclusively, of music composed before 1956, the Canadian content level shall be not less than 10% on a weekly basis.

CKLZ-FM and CKOV

8.  As conditions of each 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, 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 undertakings; 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.

Other matters

9.  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 each 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