ARCHIVED -  Decision CRTC 99-77

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Decision CRTC 99-77

Ottawa, 1 April 1999

Tri-Co Broadcasting Limited
Cornwall, Ontario – 199801147

26 March 1999 Public Hearing
National Capital Region

Conversion of AM station CJSS to FM

1. The Commission approves the application to replace AM station CJSS Cornwall 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 licensee argued that, since Cornwall is close to the American border, CJSS faces strong competition from numerous U.S. radio stations, and is unprofitable. According to the licensee, moving CJSS to the FM band will enable it to provide a better quality signal and maintain this local radio service.

3. The Commission authorizes the licensee to simulcast the programming of CJSS on the new FM station for a period of three months. A condition of licence in this regard is set out below. At the end of this period, the Commission expects the licensee to surrender CJSS’s licence for cancellation by the Commission.

Conditions of licence

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

5. The licensee is authorized, by condition of licence, to simulcast the programming of CJSS on the new FM station for a transition period of three months following implementation.

6. Further, as 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;

· broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42, as amended from time to time;

· 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 101.9 MHz, channel 270A, with an effective radiated power of 3,000 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.

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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