ARCHIVED -  Decision CRTC 99-427

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Ottawa, 9 September 1999
Decision CRTC 99-427
Boyd Woods, on behalf of a company to be incorporated
Englehart, Ontario - 199902995
28 June 1999 Public Hearing
National Capital Region
New FM radio programming undertaking
1.  The Commission approves the application for a broadcasting licence for English-language low-power FM radio programming undertaking at Englehart. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2006.
2.  The proposed station will focus on local Englehart businesses, schools, charities and community events. It will offer a music service drawn from "pop, rock and dance", "contemporary" and "country" music selections with an emphasis on an "all hits" format. All of the programming will be locally-produced.
Conditions of licence
3.  The licence will be subject to the conditions specified in this decision and in the licence to be issued. By condition of licence, the licensee must:
·  abide by its commitment to broadcast, in any broadcast week, a maximum level of 30% hit material as defined in Public Notice CRTC 1997-42 dated 23 April 1997, as amended from time to time; and
·  abide by its commitment to expend $1,400 each year on Canadian talent development.
4.  Connelly Broadcasting Corporation (Connelly), licensee of CJTT-FM New Liskeard and a new FM service at Kirkland Lake (approved in Decision CRTC 99-181), filed an opposing intervention claiming that Englehart is already served by its two stations. The intervener argued that the proposed station would have a negative impact on its existing stations.
5.  The applicant responded that "Englehart and area non-profit organizations do not presently get the coverage they deserve". It also stated that its proposed station will add diversity to the area and will offer a music format that does not duplicate that provided by the New Liskheard and Kirkland Lake stations.
6.  Englehart falls outside the approved 3mV/m (principal market) contour of the new Kirkland Lake FM service as well as that of the existing New Liskeard station, CJTT-FM. Moreover, the low-power transmitter approved for Englehart in this decision is not expected to offer a reliable competitive signal to either Kirkland Lake or New Liskeard. Accordingly, the Commission is satisfied that approval of the proposed station should not have an undue negative effect on Connelly's new Kirkland Lake service or on CJTT-FM.
Other matters
7.  This authority will only be effective and the Commission will only issue the licence at such time as:
·  it receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects and that this corporation may be issued a licence; and
·  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 103.1 MHz, channel 276LP with an effective radiated power of 17 watts.
9.  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.
10.  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.
11.  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.
12.  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.
Related CRTC document
·  Public Notice 1999-137 - New licence form for commercial radio
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:
Secretary General
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