ARCHIVED -  Decision CRTC 99-90

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Decision CRTC 99-90

Ottawa, 19 April 1999
Scott Jackson, on behalf of a company to be incorporated
Barrie, Ontario – 199803383
15 February 1999 Public Hearing in Montréal
The Commission approves the application for a broadcasting licence for an English-language, specialty FM radio programming undertaking at Barrie. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2005.
The station will broadcast Christian music. At least 95% of the music broadcast each week will be non-classic religious.
The Commission considers that the addition of a Christian music station will contribute to the diversity of programming available to audiences in the Barrie market.
The proposed service
1. The new station will broadcast Christian music, 24 hours each day. At least 95% of the total weekly music will be drawn from subcategory 34 (non-classic religious). A condition of licence in this regard is set out later in this decision. While the station will offer predominately music, it will also broadcast brief news, weather and sports segments as well as promotions of local community activities.
2. The applicant did not indicate any plans to offer religious programming as defined in the Commission’s religious broadcasting policy outlined in Public Notice CRTC 1993-78. The Commission, nevertheless, reminds the applicant that, if it does offer religious programming, it must abide by the requirements set out in that public notice with respect to balance and other matters involving the broadcasting of religious programming as well as the policy regarding soliciting funds.
3. The applicant made a commitment that 90% of its programming will be locally produced. It also made a commitment to broadcast, at a minimum, 12% Canadian content each week from content category 3 music (Traditional and Special Interest), rather than the minimum 10% weekly required by the Radio Regulations, 1986 for music from this category. The applicant will also broadcast a weekly maximum hit level of 5%. Conditions of licence requiring the applicant to adhere to these commitments are set out later in this decision.
4. In its business plan, as originally filed, the applicant indicated that it expected sponsorships to be the primary revenue source. It did not refer to advertising revenues. In later submissions regarding anticipated sources of revenues, the applicant indicated that it contemplated advertising revenues. The applicant stated that its level of advertising "will not exceed an average of four minutes per hour or a maximum of six minutes in drive periods". The applicant may eventually be in position to avail itself of both sponsorship and advertising revenues as well as the other sources of revenues outlined in its financial projections. Consistent with the applicant's commitment, a condition of licence limiting the level of advertising is set out later in this decision.
5. In the area of Canadian talent development, the applicant made a commitment to spend $3,000 each year to stage concerts of local artists. A condition of licence in this regard is set out later in this decision.
6. In approving this application, the Commission is satisfied that the addition of a Christian music station will increase the diversity of radio services available to Barrie audiences. The Commission has taken into consideration the numerous interventions filed in support of the proposed service, including one submitted by Rock 95 Broadcasting (Barrie-Orillia) Ltd., licensee of commercial station CFJB-FM Barrie.
Conditions of licence
7. The licence will be subject to the conditions specified in this decision and in the licence to be issued. As conditions of licence, the licensee must:

· operate the station within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time;

· draw at least 95% of the total weekly music from subcategory 34 (non-classic religious);

· broadcast no more than 6 minutes of advertising per hour during the 6 a.m. to 9 a.m. and the 4 p.m. to 6 p.m. drive periods, and a maximum average of 4 minutes per hour during the remaining hours of the broadcast day;

· ensure that a minimum of 12% of category 3 music selections (Traditional and Special Interest) broadcast each week are Canadian selections;

· broadcast, in any broadcast week, no more than 5% hit material as defined in Public Notice CRTC 1997-42, as amended from time to time;

· ensure that at least 90% of all programming broadcast each week is local programming as defined in Public Notice CRTC 1993-38, as amended from time to time;

· spend a minimum of $3,000 each year in direct costs on the promotion and development of local talent;

· 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;

· 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 Commission notes that the licence of this undertaking will be held by a not-for-profit organization whose structure provides for membership and management by members of the community at large.
8. 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.

· the construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

9. As proposed, the new FM station will operate on the frequency 100.3 MHz, channel 262B, with an effective radiated power of 1,800 watts.
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.
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:

Date modified: