ARCHIVED -  Decision CRTC 99-181

Decision

Ottawa, 16 July 1999

Decision CRTC 99-181

Connelly Communications Corporation

Kirkland Lake, Ontario - 199902193

14 June 1999 Public Hearing
National Capital Region

Conversion of AM station CJKL to FM and exception to the policy requiring less than 50% hits

1.  The Commission approves the application to replace AM station CJKL Kirkland Lake with a new English-language FM station. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2005.

2.  The applicant stated that it wishes to convert CJKL to the FM band so that it can offer a better service to its listeners in outlying areas and in some downtown areas that currently experience reception problems.

3.  In approving this application, the Commission has taken into consideration the fact that Kirkland Lake is a small market and that CJKL is the only radio station in this community.

4.  The Commission also approves the applicant's request for an exception to the Commission's longstanding policy which requires that the level of hits broadcast by English-language commercial FM stations be less than 50% of all musical selections broadcast each week.

5.  CJKL currently receives programming entitled "Good Time Oldies", hits before 1980, from the Pelmorex radio network. The station airs this network programming more than 50 hours in each broadcast week. For the remainder of the broadcast week, CJKL offers a variety of music, including many hits from the 50s, 60s and 70s. The applicant stated that it wants to maintain its "oldies" program format because of its popularity with listeners.

Conditions of licence

6.  The licence will be subject to the conditions specified in this decision and in the licence to be issued. By conditions of licence, the licensee must:

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

·  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;

·  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

7.  The licence will only be issued and effective when the new station is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the station is not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.

8.  As proposed, the new FM station will operate on the frequency 101.5 MHz, channel 268B, with an effective radiated power of 23,000 watts.

9.  The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a Broadcasting Certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

10.  In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence and grant the authority to operate when it receives notification from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

11.  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.

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