ARCHIVED - Decision CRTC 2001-569

Decision CRTC 2001-569

Ottawa, 5 September 2001

David Jackson, on behalf of a corporation to be incorporated
Sudbury, Ontario 2000-1958-0

19 June 2001 Public Hearing
National Capital Region

New Christian music FM radio station

The Commission approves the application for an English-language specialty FM radio programming undertaking at Sudbury. The terms and conditions of licence are set out in the appendix to this decision.

The proposed service

The new station will broadcast a 24-hour Christian music service with some spoken word content. It will be the second Christian music radio service available in Sudbury. The applicant plans to offer Christian pop, rock and dance music targeted towards youth (ages 14 to 24).

At least 95% of the total weekly music broadcast on the new station will be drawn from subcategory 35 (non-classic religious). A condition of licence in this regard is found in the appendix.

While the station will predominantly offer music, it will also provide live hourly news, weather and sports reports from 6 a.m. to 6 p.m. The newscasts will feature public service announcements that will include community notes and inform people about upcoming concerts and special events in the Sudbury area.

The applicant confirmed that it has no 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.

The applicant made a commitment to broadcast 20% Canadian content each week from content category 3 music (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 20%. Conditions of licence requiring the applicant to adhere to these commitments are set out in the appendix.

The Commission approves the applicant's request to broadcast a maximum of 8 minutes of commercial announcements per clock hour in each broadcast week. A condition of licence is found in the appendix.

Canadian talent development

The applicant will not take part in the Canadian talent development plan established by the Canadian Association of Broadcasters. Instead, it made a commitment to contribute $2,800 each year in direct cost expenditures for an annual talent search contest that will seek out the best Chrisitian musicians in the Sudbury region. The station will offer generous air-time to the winners during prime time. It will also provide free advertising to promote Christian music concerts in the area. A condition of licence is found in the appendix.

The Commission reminds the applicant that all direct cost expenditures related to Canadian talent development must comply with the criteria set out in Public Notice 1990-111 which describes initiatives generally accepted by the Commission.

Interventions

Nine parties filed interventions opposing this application, including Eternacom Inc., licensee of CJTK-FM, the existing Christian music radio station in Sudbury. The interveners argued that the Sudbury market cannot sustain two Christian music radio stations.

In response, the applicant stated that its station will target both Christian and non-Christian youth, a group that it considers to be underserved in the Sudbury area. The applicant also plans to raise revenues through advertising. Since CJTK-FM is not permitted to carry commercial messages, the revenue sources of the two stations will be different.

The Commission notes that CJTK-FM currently targets Christian listeners of all ages in the Sudbury market. It generates revenues through station-sponsored concerts. The applicant is proposing a niche service focused on serving the youth in that market and will raise revenues through advertising. Accordingly, the Commission is satisfied that the addition of the proposed station will expand the diversity of radio services available in the Sudbury region without having an undue negative impact on CJTK-FM.

Related CRTC documents

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

. Public Notice 1993-95 - A licensing policy for low-power radio broadcasting

. Public Notice 1993-78 - A religious broadcasting policy

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca

Appendix to Decision CRTC 2001-569

Terms of licence for the Christian music FM radio station at Sudbury

The Commission will only issue the licence, and it will only be effective 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.

· the licensee confirms in writing that it is ready to begin operation. This must take place within 12 months of today's date. Any request for an extension to that deadline requires Commission approval and must be made in writing within that period.

· the Department of Industry, having advised that the application is conditionally technically acceptable, has determined that there is no unacceptable interference with NAV/COM services and indicated that it will issue a broadcasting certificate (section 22(1) of the Broadcasting Act).

The licence, when issued, will expire 31 August 2008.

As proposed, the station will operate on the frequency 101.1 MHz, channel 266LP, with an effective radiated power of 50 watts.

The technical parameters approved in this decision are for a low-power unprotected FM service. The applicant would have to select another frequency for the operation of the service if required to do so to permit the best use of the frequency band.

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 (Public Notice CRTC 1992-59).

Conditions of licence

The licence will be subject to the following conditions of licence, all of which are consistent with commitments made by the licensee, as well as the conditions in the licence to be issued which are also set out in Public Notice CRTC 1999-137.

By conditions of the licence, the licensee must:

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

· draw at least 95% of the total weekly music from subcategory 35 (non-classic religious);

· ensure that a minimum of 20% of Category 3 music selections (Special Interest) broadcast each week are Canadian selections;

· broadcast, in any broadcast week, no more than 20% hit material as defined in Public Notice CRTC 1997-42, as amended from time to time;

· contribute a minimum of $2,800 each year in direct cost expenditures towards the development of Canadian talent.

The licensee is authorized, by condition of licence, to broadcast a maximum of eight minutes of commercial announcements in each clock hour.