ARCHIVED -  Decision CRTC 99-492

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Decision CRTC 99-492

  Ottawa, 17 November 1999
  MacEachern Broadcasting Limited
Port Hawkesbury, Nova Scotia
– 199906814
  4 October 1999 Public Hearing National Capital Region
  Conversion of AM station CIGO to FM and denial of the request to broadcast more than 50% hits
  1. The Commission approves the application to replace AM station CIGO Port Hawkesbury with a new English-language FM station. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2004 (CIGO`s current expiry date). The licence will be subject to the conditions specified in this decision and in the licence to be issued.
  2. MacEachern Broadcasting (MacEachern) stated that the purpose of the application was to replace its existing aging AM transmission facility and to improve the quality of service to CIGO's coverage area.
  3. CIGO currently offers an adult/contemporary format. The licensee plans to maintain this format on the new FM station.
  4. The Commission has also considered the licensee`s request to be relieved, by condition of licence, of the requirement to broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42 dated 23 April 1997.
  5. MacEachern reasoned that CIGO is a small station in a single station market and a restriction on the level of hits would impede its ability to appeal to the listeners, resulting in decreased revenue opportunities. MacEachern also stated that, as a single-station market, its programming would not interfere with other FM stations in the area. MacEachern also pointed out that CJFX Antigonish has no hit musical selection restrictions.
  6. The Commission considers that the licensee has not provided convincing evidence to demonstrate that the requirement to broadcast less than 50% hit material would prevent CIGO from maintaining its current Adult/ Contemporary format on the new station.
  7. Accordingly, the Commission denies the request and a condition of licence requiring that the licensee broadcast, in any broadcast week, less than 50% hit material, will be specified in the licence to be issued.
  8. The Commission authorizes the licensee, by condition of licence, to simulcast the programming of CIGO on the new FM station for a transition period of six months following implementation. At the end of this period, the Commission expects the licensee to surrender CIGO’s AM licence for cancellation by the Commission.
  9. 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.
  10. As proposed, the new FM station will operate on the frequency 101.5 MHz, channel 268B, with an effective radiated power of 19,000 watts.
  11. 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.
  12. 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.
  13. 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.
  14. The Commission acknowledges the 18 letters received in support of this application.
  Related CRTC document

• Public Notice CRTC 1999-137New licence form for commercial radio stations

  Secretary General
  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:
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