ARCHIVED -  Notice of Public Hearing CRTC 1999-5

Notice of Public Hearing

Ottawa, 30 April 1999

Notice of Public Hearing CRTC 1999-5

ISSUE NO. 1

The Commission will hold a public hearing commencing on 28 June 1999, at the Conference Centre, Portage IV, 140 Promenade du Portage,Hull, Quebec, to consider the following:

QUEBEC AND ATLANTIC REGION

1. RIMOUSKI, Quebec

 Application (199811865) by the CANADIAN BROADCASTING CORPORATION for a broadcasting licence to carry on a French-language FM radio programming undertaking at Rimouski, operating on a frequency of 89.1 MHz (channel 206B) with an effective radiated power of 5,500 watts, upon surrender of the current licence issued for CJBR Rimouski.

 The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

 Examination of application:

 Canadian Broadcasting Corporation
 273 St-Jean-Baptiste Street West
 Rimouski, Quebec
 G5L 4J8

2. MOUNT PEARL, Newfoundland

 Application (199901401) by SEVENTH-DAY ADVENTIST CHURCH IN NEWFOUNDLAND AND LABRADOR:

a)  to renew the broadcasting licence of the radio programming undertaking VOAR Mount Pearl expiring 31 August 1999; and

2)  to amend the broadcasting licence by adding the following condition of licence :

"It  is a condition of licence that the licensee adhere to the guidelines on sex-role 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 Commission notes the apparent failure of the licensee to comply with section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes.

 The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with section 8 of the Radio Regulations, 1986 should not be issued.

 Examination of application:

 Seventh-Day Adventist Church in
  Newfoundland and Labrador
 1041 Topsail Road
 Mount Pearl, Newfoundland
 A1N 4M7

3. ST. JOHN'S, Newfoundland

 Application (199901418) by WESLEY UNITED CHURCH RADIO BOARD, P.O. Box 7430, St. John's, Newfoundland, A1E 3Y5, to renew the broadcasting licence of the radio programming undertaking VOWR St. John's expiring 31 August 1999.

 The Commission notes the apparent failure of the licensee to comply with section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes.

 The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with section 8 of the Radio Regulations, 1986 should not be issued.

 Examination of application:

 Wesley United Church
 VOWR Studios
 Patrick Street
 St. John's, Newfoundland

4. MONCTON, New Brunswick

 Application (199901666) by LES MÉDIAS ACADIENS UNIVERSITAIRES INC. to renew the broadcasting licence of the campus community radio programming undertaking CKUM-FM Moncton expiring 31 August 1999.

 The Commission notes the apparent failure of the licensee to comply with section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes.

 The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with section 8 of the Radio Regulations, 1986 should not be issued.

 Examination of application:

 Les Médias Acadiens Universitaires inc.
 Student Centre, 2nd Floor
 Moncton University
 Moncton, New Brunswick
 E1A 3E9

 ONTARIO REGION / RÉGION DE L'ONTARIO

5. ENGLEHART, Ontario

 Application (199902995) by BOYD WOODS, on behalf of a company to be incorporated, P.O. Box 990, Englehart, Ontario, P0J 1H0, for a broadcasting licence to carry on an English-language low power FM radio programming undertaking at Englehart, operating on a frequency of 103.1 MHz (channel 276LP) with an effective radiated power of 17 watts. The applicant is proposing a music service drawn from "pop, rock and dance", "contemporary" and "country" music selections.

 The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

 Examination of application:

 50 Third Street
 Englehart, Ontario

6. KENORA/KEEWATIN, Ontario

 Application (199901062) by NORCOM TELECOMMUNICATIONS LIMITED, P.O.Box 1810, Kenora, Ontario, P9N 3X8, to renew the broadcasting licence of the television programming undertaking CJBN-TV Kenora/Keewatin expiring 31 August 1999.

 The Comission notes that, during the 1996-97 and 1997-98 broadcast years, the licensee was in apparent breach of subsection 4(6) and paragraph 4(7)(b) of the Television Broadcasting Regulations, 1987 that require a licensee to devote not less than 60% of the broadcast year, and not less than 50% of the evening broadcast period, to the broadcasting of Canadian programming. During those years, Canadian content over the broadcast year amounted to 48%. During 1996-97, Canadian content during the evening period was 35%, and during 1997-98 amounted to 34%.

 During these broadcast years, the licensee was also in apparent non-compliance with its commitment to broadcast a minimum of 2 hours and 30 minutes per week of original local news, averaged over a year; it now proposes to reduce this commitment to 30 minutes per week.

 The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with subsection 4(6) and paragraph 4(7)(b) of the Television Broadcasting Regulations, 1987 should not be issued.

 Examination of application:

 102 Tenth Street
 Keewatin, Ontario

7. KINGSTON, BRIGHTON AND PRESCOTT, Ontario

 Application (199811831) by POWER BROADCASTING INC., 479 Counter Street, Kingston, Ontario, K7M 7J3, to renew the broadcasting licence of the television programming undertaking CKWS-TV Kingston and its transmitters CKWS-TV-1 Brighton and CKWS-TV-2 Prescott expiring 31 August 1999.

 Examination of application:

 170 Queen Street
 Kingston, Ontario

8. KITCHENER, Ontario

 Application (199902805) by WIRED WORLD INC.:

a)  to renew the broadcasting licence to the radio programming undertaking CKWR-FM Kitchener expiring 31 August 1999; and

-  to amend the broadcasting licence as follows:

-  by increasing the maximum percentage of the station's total music programming from subcategory 21 (Pop, Rock and Dance) from 48% to 65%;

-  by decreasing the minimum percentage of category 3 music (Traditional and Special Interest) from 40% to 20%;

-  by increasing the minimum level of Canadian selections broadcast within content category 2 from 30% to 35%;

-  by increasing the minimum level of Canadian selections broadcast within ethnic program periods from 7% to 10%;

-  by decreasing the minimum hours of its weekly broadcast time to be devoted to ethnic programs of types A and B from 32 hours 30 minutes to 29 hours 30 minutes; and

-  by decreasing the minimum amount of ethno-cultural groups from 12 to 8 and the minimum number of different languages from 11 to 6.

 The Commission notes the apparent failure of the licensee to comply with its condition of licence limiting the broadcasting of hits to less than 50% of all musical selections. The station aired 18.8% hit material, while its condition limits the use of hits to no more than 15% of all selections over the broadcast week.

 The Commission notes the failure of the licensee, during the two previous terms of licence, to comply with the regulations requiring the provision of logger tapes. Therefore, the Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with its condition of licence regarding the broadcasting of hits should not be issued.

 Examination of application:

 Wired World Inc.
 56 Regina Street North
 Waterloo, Ontario
 N2J 3A3

9. LONDON, Ontario

 Application (199801502) by AFFINITY RADIO GROUP INC., CHAM Centre, 151 York Boulevard, Hamilton, Ontario, L8R 3M2, for a broadcasting licence to carry on an English-language FM radio programming undertaking at London, operating on a frequency of 102.3 MHz (channel 272B) with an effective radiated power of 4,600 watts, upon surrender of the current licence issued for CKSL London.

 Upon implementation of the FM licence, the AM transmitter CKSL London would simulcast all the programming of the FM station for a "phasing-in-period" of no longer than three months from implementation of the FM licence.

 The Commission notes that this application is technically mutually exclusive with the applications filed by CHUM Limited for London, Ontario (199902234), Rogers Broadcasting Limited for London, Ontario (199902086) and Tillsonburg Broadcasting Company Limited for Tillsonburg, Ontario (199902292) which are also scheduled at this hearing for the use of the 102.3 MHz frequency.

 Examination of application:

 Radio Station CKSL
 38 Wellington Street
 Mezzanine
 London, Ontario

10. LONDON, Ontario

 Application (199902234) by CHUM LIMITED, 1331 Yonge Street, Toronto, Ontario, M4T 1Y1, for a broadcasting licence to carry on an English-language FM radio programming undertaking at London, operating on a frequency of 102.3 MHz (channel 272B) with an effective radiated power of 4,770 watts. The applicant is proposing a contemporary adult hit music format.

 The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. for London, Ontario (199801502), Rogers Broadcasting Limited for London, Ontario (199902086) and Tillsonburg Broadcasting Company Limited for Tillsonburg, Ontario (199902292) which are also scheduled at this hearing for the use of the 102.3 MHz frequency.

 It should be noted that CHUM Limited has a television presence in London via CFPL-TV.

 The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

 Examination of application:

 CFPL-TV
 1 Communications Road
 London, Ontario

11. LONDON, Ontario

 Application (199902086) by ROGERS BROADCASTING LIMITED ("Rogers"), 36 Victoria Street, Toronto, Ontario, M5C 1H3, for a broadcasting licence to carry on an English-language FM radio programming undertaking at London, operating on a frequency of 102.3 MHz (channel 272B) with an effective radiated power of 4,700 watts. The applicant is proposing an adult oriented musical format that includes a diverse selection of music.

 The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. for London, Ontario (199801502), CHUM Limited for London, Ontario (199902234) and Tillsonburg Broadcasting Company Limited for Tillsonburg, Ontario (199902292) which are also scheduled at this hearing for the use of the 102.3 MHz frequency.

 It should be noted that Rogers has a television presence in London via the multilingual and multicultural television station (CFMT-TV-1) and through an affiliate company is also the incumbent cable distributor.

 The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

 Examination of application:

 800 York Street
 London, Ontario

12. LONDON AND ST. THOMAS, Ontario

 Applications (199904438, 199904446, 199904454) by SHAW RADIO LTD., 630 - 3rd Avenue S.W., Suite 900, Calgary, Alberta, T2P 4L4, for authority to acquire the assets and for broadcasting licences to continue the operation of the radio programming undertakings CFPL and CFPL-FM London and CFHK-FM St. Thomas, upon surrender of the current licences issued to Blackburn Radio Inc.

 It is noted that the transaction involving CFHK-FM St. Thomas is contingent upon approval of the application (199904579) by Blackburn Radio Inc. to acquire the assets of this radio programming undertaking from CFHK Radio Ltd., noted elsewhere in this Notice.

 Examination of applications:

 Blackburn Radio Inc.
 140 Fullarton Street
 Suite 1905
 London, Ontario
 N6A 5P2

 St. Thomas Public Library
 153 Curtis Street
 St. Thomas, Ontario

13. NEPEAN (BARRHAVEN), Ontario

 Application (199805123) by JOSEPH RAJDA, doing business under the name of Pols-Haven, for a broadcasting licence to carry on a predominantly English-language low power, for profit (Specialty) FM radio programming undertaking at Nepean (Barrhaven), operating on a frequency of 97.1 MHz (channel 246LP) with an effective radiated power of 50 watts. The applicant will also offer a maximum weekly level of 30% French-language programming.

 The applicant is proposing to broadcast a maximum weekly combined level of category 21 (Pop, Rock and Dance music) and category 22 (Country and Country-oriented music) of no more than 51% of the total amount of music aired.

 Examination of application:

 Joseph Rajda
 13 Hummingbird Crescent
 Nepean, Ontario
 K2J 3A7

14. NORTH BAY, Ontario

 Application (199900973) by COGECO CABLE SYSTEMS INC., 1 Place Ville-Marie, Suite 3636, Montréal, Quebec, H3B 3P2, for authority to acquire the assets and for a broadcasting licence to continue the operation of the cable distribution undertaking serving North Bay, upon surrender of the current licence issued to Cogeco Cable North Bay Limited, under the same terms and conditions as the current licence.

 Examination of application:

 5515 North Service Road
 Burlington, Ontario

15. OSHAWA, Ontario

 Application (199900650) by COMMUNITY FOCUSED CANADIAN RADIO (DURHAM REGION), 315 Colborne Street East, Suite F, Whitby, Ontario, L1N 1W3, for a broadcasting licence to carry on an English-language low power (Type B) FM community radio programming undertaking at Oshawa, operating on a frequency of 88.3 MHz (channel 202LP) with an effective radiated power of 40 watts, to broadcast a variety of programs for the community.

 The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

 Examination of application:

400 Taunton Road East
Oshawa, Ontario

16. ST. THOMAS, Ontario

Application (199904579) by BLACKBURN RADIO INC., 140 Fullarton Street, Suite 1905, London, Ontario, N6A 5P2, for authority to acquire the assets and for a broadcasting licence to continue the operation of the radio programming undertaking CFHK-FM St. Thomas, upon surrender of the current licence issued to CFHK Radio Ltd.

Examination of application:

St. Thomas Public Library
153 Curtis Street
St. Thomas, Ontario

17. TILLSONBURG, Ontario

Application (199902292) by TILLSONBURG BROADCASTING COMPANY LIMITED for a broadcasting licence to carry on an English-language FM radio programming undertaking at Tillsonburg, operating on a frequency of 102.3 MHz (channel 272B) with an effective radiated power of 4,000 watts, upon surrender of the current licence issued for CKOT Tillsonburg. The applicant is proposing a "country" music format.

Upon implementation of the FM licence, the AM transmitter CKOT Tillsonburg would simulcast all the programming of the FM station for a "phasing-in-period" of no longer than three months from implementation of the FM licence.

The Commission notes that this application is technically mutually exclusive with the applications filed by Affinity Radio Group Inc. for London, Ontario (199801502), CHUM Limited for London, Ontario (199902234) and Rogers Broadcasting Limited for London, Ontario (199902086) which are also scheduled at this hearing for the use of the 102.3 MHz frequency.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that it is technically acceptable.

Examination of application:

Tillsonburg Broadcasting Company Limited
Radio Station CKOT
77 Broadway Street
Tillsonburg, Ontario
N4G 3P5

WESTERN CANADA AND TERRITORIES 

18. SASKATOON, Saskatchewan

Application (199901765) by COMMUNITY RADIO SOCIETY OF SASKATOON to renew the broadcasting licence of the community radio programming undertaking CFCR-FM Saskatoon expiring 31 August 1999.

The Commission notes the apparent failure of the licensee to comply with section 8 of the Radio Regulations, 1986 concerning the provision of logger tapes.

The Commission notes the apparent failure of the licensee to comply with subsection 2.2(3) of the Radio Regulations, 1986 concerning the broadcasting of Canadian content of category 2 and category 3 music.

The Commission also notes the apparent failure of the licensee to comply with paragraph 9(3)(b) of the Radio Regulations, 1986 concerning the music lists.

The Commission expects the licensee to show cause at this hearing why a mandatory order requiring the licensee to comply with the above-mentioned Regulations should not be issued.

Examination of application:

Community Radio Society of Saskatoon
103 - 3rd Avenue North
Saskatoon, Saskatchewan
S7K 2H4

19. CALGARY, Alberta

Application (199905452) by RAWLCO (ALBERTA) LTD. for authority to acquire the assets and for a broadcasting licence to continue the operation of the English-language radio network at Calgary, for the purpose of broadcasting the hockey games of the Calgary Flames for the 1999-2000 season, upon surrender of the current licence issued to Rawlco Communications Ltd., under the same terms and conditions as the current licence.

Examination of application:

Rawlco (Alberta) Ltd.
220, 2723 - 37th Avenue North East
Calgary, Alberta
T1Y 5R8

20. KINCOLITH, British Columbia

Application (199809414) by GINGOLX DEVELOPMENT CORPORATION, 1304 Broad Street, Kincolith, British Columbia, V0V 1B0, for authority to acquire the assets and for a broadcasting licence to continue the operation of the cable distribution undertaking serving Kincolith, upon surrender of the current licence issued to Kincolith Resources Development Ltd., under the same terms and conditions as the current licence.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.

Examination of application:

Gingolx Community Hall
Kincolith, British Columbia

21. PANORAMA MOUNTAIN VILLAGE, British Columbia

Application (199900634) by PANORAMA CABLE CORP., 12652 Beckett Road, Surrey, British Columbia, V4A 2X1, for a broadcasting licence to carry on a cable distribution undertaking to serve Panorama Mountain Village.

 PROPOSED DISTRIBUTION ON THE BASIC SERVICE/
 DISTRIBUTION PROJETÉE AU SERVICE DE BASE

CHAN-TV (CTV) Vancouver, British Columbia/(Colombie-Britannique)
CITV-TV (IND) Edmonton, Alberta
CBRT (CBC) Calgary, Alberta
KREM-TV (CBS) Spokane, Washington
KSPS-TV (PBS) Spokane, Washington
KHQ-TV (NBC) Spokane, Washington
KAYU-TV (FOX) Spokane, Washington
WKBW-TV (ABC) Buffalo, New York
Electronic Programming Guide/Guide de programmation électronique
The Sports Network (TSN)
Community Channel/Canal communautaire
The Golf Channel
Cable News Network (CNN)
The Weather Channel (TWC)
Country Music Television (CMT)
YTV Canada, Inc. (YTV)
MuchMusic

PROPOSED FEE

The applicant proposes to charge a basic monthly fee of $24.95 for the distribution of the basic service. For Class 3 licensees, the basic monthly fee is not regulated pursuant to the Broadcasting Distribution Regulations.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least ten days prior to the hearing, that acceptable technical documentation has been filed with the Department.

Examination of application:

Intrawest Corporate Office
Panorama Mountain Village,
British Columbia

SPECIFIC INDIVIDUAL REQUIREMENTS

PERSONS REQUIRING COMMUNICATIONS SUPPORT SUCH AS ASSISTIVE LISTENING DEVICES AND SIGN LANGUAGE INTERPRETATION ARE REQUESTED TO INFORM THE COMMISSION AT LEAST TWENTY (20) DAYS BEFORE THE COMMENCEMENT OF THE PUBLIC HEARING SO THAT THE NECESSARY ARRANGEMENTS CAN BE MADE.

PUBLIC PARTICIPATION / PARTICIPATION DU PUBLIC

Intervention

IN ORDER TO HAVE YOUR INTERVENTION CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,

- submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention sent to the Commission.

Please note that you may also file your interventions by Electronic Mail

- the intervention may be filed with the Commission by electronic mail at the following e-mail address: procedure@crtc.gc.ca and should indicate if a true copy has been sent to the applicant. Each paragraph of the document should be numbered. In addition, as an indication that the document has not been damaged during electronic transmission, the line ***End of document*** should be entered following the last paragraph of each document. However, your intervention and the proof of service to the applicant will also have to be filed in hard copy;

- please note, that only the documents (applications and interventions) electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number;

- the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;

- one may also communicate with the Commission:
by telecopier: (819) 994-0218

- your intervention must clearly identify the application. It must also include clear indication of whether you support or oppose the application, or, if you propose changes to it, include the facts and grounds therefor. In the event that the subject application is brought to the oral phase of the hearing, and should you wish to appear, your intervention must include a request to do so, preferably in the first paragraph of your letter, together with reasons as to why your written submission is not sufficient and why your appearance is necessary. The Commission will inform interveners whether their requests to appear are granted. All written interventions are considered by the Commission when it makes its decisions.

To ensure the effective use of public hearing time, and consistent with the Commission's practice in similar proceedings, it may group the appearance of various interveners to particular applications at the same time.

 DEADLINE FOR INTERVENTION:

3 June 1999

EXAMINATION OF DOCUMENTS
DURING NORMAL OFFICE HOURS

Documents are available:
° at the local address provided in this notice; and
° at the following Commission offices and documentation centre:

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage
Ground Floor
Hull, Quebec K1A 0N2
Tels: (819) 997-2429 - TDD 994-0423
Telecopier: (819) 994-0218

Bank of Commerce Building
Suite 1007
1809 Barrington Street
Halifax, Nova Scotia B3J 3K8
Tels: (902) 426-7997 - TDD 426-6997
Telecopier: (902) 426-2721

Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tels: (514) 283-6607 - TDD 283-8316
Telecopier: (514) 283-3689

Kensington Building
Suite 1810
275 Portage Avenue
Winnipeg, Manitoba R3B 2B3
Tels: (204) 983-6306 - TDD 983-8274
Telecopier: (204) 983-6317

530 - 580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Téls: (604) 666-2111 - TDD 666-0778
Telecopier: (604) 666-8322

C.R.T.C. Documentation Centre
55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Telephone: (416) 952-9096
Telecopier: (416) 954-6343

C.R.T.C. Documentation Centre
Room 103
Cornwall Professional Building
2125, 11th Avenue
Regina, Saskatchewan
S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319

This document is available in alternative format upon request, and may also be viewed at the following Internet site: www.crtc.gc.ca

Secretary General