ARCHIVED -  Decision CRTC 99-182

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Decision

Ottawa, 16 July 1999

Decision CRTC 99-182

1311831 Ontario Limited

North Bay, Ontario - 199811716

14 June 1999 Public Hearing
National Capital Region

New low-power FM radio programming undertaking

1.  The Commission approves the application for a broadcasting licence to carry on a low-power English-language FM radio programming undertaking at North Bay, on the frequency 104.9 MHz, channel 285LP, with an effective radiated power of 31 watts.

2.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2005. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

3.  The applicant proposes a tourist information service consisting of pre-recorded welcome messages, paid advertising and general information relating to the tourist sites and events in and around the City of North Bay. Programming will be repeated each hour, 24 times per day. The amount of advertising would be limited to 4 minutes per hour exclusive of a 2-minute segment broadcasting "North Bay Gateway", the station's identification.

4.  In Public Notice CRTC 1993-95 dated 28 June 1993 and entitled A Licensing Policy for Low-Power Radio Broadcasting, the Commission stated that the licensees of low-power radio undertakings should be subject to a condition of licence that would define their programming in such a way as to ensure that they do not change their programming and begin to offer the same service as conventional licensees without Commission approval.

5.  The Commission has considered the circumstances of this application and is of the view that it would be appropriate to apply the policy to it. Accordingly, it is a condition of licence that the station be used solely to broadcast pre-recorded messages relating to the tourist sites and events in and around the City of North Bay.

6.  Further, as conditions of licence:

·  the advertising material broadcast by the undertaking shall not exceed six minutes per clock hour;

·  no musical selections shall be broadcast, except as incidental background music to events;

·  the licensee must 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 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;

·  the licensee must also 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.

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

8.  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 extensions of that period expires.

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.

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

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