ARCHIVED - Broadcasting Decision CRTC 2002-457

Broadcasting Decision CRTC 2002-457

Ottawa, 18 December 2002

Radio CJLS Limited
Yarmouth, Barrington and New Tusket, Nova Scotia

Application 2002-0222-6
Public Hearing at Kitchener, Ontario
28 October 2002

CJLS Yarmouth - Conversion to FM band

1.

The Commission approves the application by Radio CJLS Limited (Radio CJLS) for a broadcasting licence to operate a new English-language FM radio programming undertaking at Yarmouth to replace its AM station CJLS, and to continue to operate the two transmitters of CJLS in Barrington (CJLS-FM) and New Tusket (CJLS-FM-1) as repeaters of the FM station.

2.

The new station will continue to offer the current musical format which consists of a mixture of top 40 hits, songs from the 70's, 80's and 90's and a selection of music from popular East Coast performers. The local programming will include local news, weather, sports, a weekly one-hour news magazine and live broadcasts of certain local events and activities.

3.

The licensee will broadcast, in any broadcast week, no more than 25% hit material as defined in Revised Policy on the Use of Hits by English-Language FM Radio Stations, Public Notice CRTC 1997-42, 23 April 1997 (Public Notice 1997-42).

4.

The station will operate at 95.5 MHz (channel 238B1) with an effective radiated power of 18,000 watts. It will operate in a single-station market as defined in Local programming policy for FM radio - definition of a single-station market, Public Notice CRTC 1993-121, 17 August 1993.

5.

The Commission did not receive any interventions in connection with this application.

6.

In Letter of Approval A98-0059 dated 14 May 1998, the Commission approved an application for the transfer of control of Radio CJLS from M.L. Trask Holdings Ltd. to the current owners Misters Gérard H. Boudreau, A. Christopher R. Perry and Ray Zinck. In the application to acquire the station, the applicant had proposed a tangible benefits package comprised of Canadian Talent Development (CTD) initiatives which totalled $29,550. The Commission accepted these initiatives and noted that the tangible benefits package was to be disbursed within a five-year period.

7.

As part of its examination of the current application for the conversion from the AM to the FM band, the Commission questioned Radio CJLS about the disbursement of the benefits package approved in 1998 and requested a report indicating which initiatives had been completed to date and the amount spent in each year. The applicant filed a report with the Commission and upon review it appears that certain initiatives undertaken by the applicant qualify as eligible expenditures, whereas others may not qualify as eligible CTD contributions.

8.

In a letter dated 25 June 2002, the Commission advised Radio CJLS that it expected the licensee to have spent the total amount of $29,550 by 14 May 2003 which is the end of the five year period.

9.

In view of the above, the Commission requires Radio CJLS to file a report by 1 September 2003 describing in detail which CTD initiatives have been completed and the amount spent on each one in each year. In addition, the report should explain how these expenditures qualify as direct costs in fulfilling the benefits package.

10.

The Commission issues Radio CJLS a short-term licence in order to evaluate whether the applicant has adequately disbursed the CTD benefits package within the allotted five-year time period. Accordingly, the licence will expire 31 August 2004 which is the current expiry date for the licence of the AM station.

11.

The licence will be subject to the conditions set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999 (Public Notice 1999-137) with the exception of conditions of licence no. 9 and 10, relating to the solicitation of local advertising and the use of hit material. Condition of licence no. 9, relating to the solicitation of local advertising does not apply to stations operating in a single-station market.

12.

In addition, given that the applicant has proposed to broadcast less hit material than allowed for in Public Notice 1999-137, the Commission is requiring, by condition of licence, that the licensee broadcast, in any broadcast week, a maximum of 25% hit material as defined in Public Notice 1997-42, as amended from time to time.

13.

The licensee is authorized, by condition of licence, to simulcast the programming of the new FM station on CJLS for a transition period of four weeks following the commencement of operations of the FM station. The licensee must surrender the AM licence for revocation by the Commission at the end of this period.

14.

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

15.

The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

16.

Furthermore, the licence for this undertaking will be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 20 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 31 August 2004. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

17.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, 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 examined at the following Internet site: www.crtc.gc.ca