ARCHIVED - Broadcasting Decision CRTC 2002-460

Broadcasting Decision CRTC 2002-460

Ottawa, 18 December 2002

Canadian Broadcasting Corporation
Fredericton, New Brunswick

Application 2002-0325-8
Public Hearing at Toronto, Ontario
17 September 2002

CBZ Fredericton - Conversion to FM band

1.

The Commission approves the application by the Canadian Broadcasting Corporation (CBC) for a broadcasting licence to operate a new English-language FM radio programming undertaking at Fredericton to replace its AM station CBZ.

2.

The new FM station will provide CBC's Radio One service to the Fredericton area. CBC stated that the conversion will alleviate significant reception problems for Radio One listeners caused by a much smaller night-time contour on the existing AM frequency in the Fredericton area.

3.

CBZ Fredericton broadcasts approximately 15 hours of local programming each week. CBC stated that the local program Fredericton Information Morning from 6 a.m. to 9 a.m. each weekday is unavailable to many people in the listening area, particularly during late fall and winter months. CBC stated that the FM station would provide reliable coverage throughout the year.

4.

The CBC has requested authority to broadcast simultaneously on the AM and FM bands for a period of three months. A condition of licence to this effect is set out in the appendix to this decision. The licensee must surrender the AM licence for revocation by the Commission at the end of this period.

5.

The station will operate at 99.5 MHz (channel 258A) with an effective radiated power of 3,200 watts.

6.

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

7.

Consistent with Licence renewal for CBC stations affiliated to the Radio One network, Decision CRTC 2001-532, 31 August 2001 (Decision 2001-532), the licence will expire 31 August 2007. As noted in Decision 2001-532, this shorter term will enable the Commission to review the performance of the individual stations and that of the Radio One network together, and to evaluate the corrective measures put in place by the CBC to ensure that the network and its affiliated stations operate in compliance with their regulatory requirements.

8.

The licence will be subject to the conditions set out in the attached appendix.

9.

The Commission notes that the transmitters CBAM Edmundston, CBAX McAdam, CBZB-FM Boiestown, CBZC-FM Bon Accord, CBZD-FM Doaktown and CBZW-FM Woodstock, New Brunswick, presently authorized as transmitters of CBZ Fredericton, will be part of the new FM licence.

10.

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.

11.

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.

12.

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 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 18 December 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.

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 Broadcasting Decision CRTC 2002-460

Conditions of licence

The licensee must not broadcast any commercial message of Category 5 (Advertising) except:

a) during programs that are available to the licensee only on a sponsored basis, or

b) as required by Federal legislation pertaining to elections.

50% or more of the category 2 music selections broadcast each broadcast week must be Canadian, and these selections must be scheduled in a reasonable manner throughout the broadcast day.

20% or more of the category 3 music selections broadcast each broadcast week must be Canadian.

The licensee must adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission, and, as a minimum, to the Canadian Association of Broadcasters' Sex-role portrayal code for television and radio programming, as amended from time to time and approved by the Commission.

The licensee is authorized to simulcast the programming of the new FM station on CBZ for a transition period of three months following the commencement of operations of the FM station.