ARCHIVED - Decision CRTC 2001-642

Decision CRTC 2001-642

Ottawa, 11 October 2001

Anthony Schleifer, on behalf of a company to be incorporated
Brantford, Ontario 2001-0443-0

10 September 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 Brantford. The terms and conditions of licence are set out in the appendix to this decision.

The proposed service

The new station will broadcast a Christian music service 24 hours per day with some spoken word content. It will operate as a commercial undertaking targeted to the Christian community in Brantford. All of the programming aired by the station will be local.

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.

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While the station will predominantly offer music, it will also provide hourly news, weather, sports and traffic reports from 6 a.m. to 6 p.m. It will also broadcast public service announcements.

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 15% Canadian content each week for 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.

Canadian talent development

The applicant will not take part in the Canadian talent development plan established by the Canadian Association of Broadcasters. Instead, the applicant will direct its Canadian talent development expenditures to an annual local Christian music talent contest. It made a commitment to contribute a minimum of $20,300 over the seven-year licence term in direct cost expenditures to this initiative, starting at $2,600 in the first year, increasing by increments of $100 annually to a minimum of $3,200 by the seventh year. The applicant will award a cash prize to the top three contestants in each year to assist them in recording a compact disc (CD) of their work in a professional studio.

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 CRTC 1990-111 which describes initiatives generally accepted by the Commission.

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Interventions

Telephone City Broadcast Limited, licensee of CKPC and CKPC-FM the only two commercial radio stations currently licensed to serve Brantford, submitted an intervention opposing this application. Among other things, the intervener argued that the proposed station would have a negative impact on CKPC and CKPC-FM.

The applicant responded that it will target the Christian community, a market that is currently not being reached in Brantford. The new station will, therefore, not be competitive with the intervener's undertakings which serve a mainstream audience.

The Commission notes that both CKPC and CKPC-FM are regular, high power stations that operate in formats that appeal to a mass audience. In contrast, the applicant is proposing a low power radio operation focused on serving a niche audience. Accordingly, the Commission is satisfied that the addition of the proposed station will expand the diversity of radio services available in the Brantford region without having an undue negative impact on existing licensed commercial stations in that market.

The Commission acknowledges the intervention submitted in support of this application and has noted the concerns expressed in a petition containing some 87 signatures.

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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 - Religious broadcasting policy

Secretary General

Appendix to Decision CRTC 2001-642

Terms and conditions of licence for the Christian music FM radio station at Brantford

Terms

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).

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

As proposed, the station will operate on the frequency 99.5 MHz, channel 258LP, 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).

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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 Notices CRTC 1995-60 and 2000-14 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 15% 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 towards the development of Canadian talent a minimum of $20,300 in direct cost expenditures over the seven-year licence term, beginning with a minimum of $2,600 in the first year, increasing by increments of $100 in each subsequent year, and reaching a minimum of $3,200 in the seventh year.