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Broadcasting Decision CRTC 2003-620
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Ottawa, 19 December 2003
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3937844 Canada Inc.
Brooks, Alberta
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Application 2003-0538-5
Public Hearing in the National Capital Region
20 October 2003
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FM radio station in Brooks
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The Commission approves the application by 3937844 Canada Inc., a subsidiary of Newcap Inc., to carry on a new English-language FM radio station at Brooks.
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The application
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1.
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The Commission received an application by 3937844 Canada Inc. (a subsidiary of Newcap Inc.) for a broadcasting licence to carry on an English-language FM radio programming undertaking at Brooks. The applicant proposed to operate at 101.1 MHz (channel 266A) with an effective radiated power of 2,200 watts.
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2.
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The applicant currently operates the AM radio programming undertaking CIBQ Brooks. The proposed new FM station would offer an Adult Contemporary music format intended to complement the existing Country music programming of CIBQ.
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3.
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All of the station's programming would be locally produced, with the exception of up to 8 hours per week of syndicated programming. The spoken word programming would consist of local news, sports and weather scheduled on a regular basis throughout the broadcast week. A daily entertainment guide would focus on local performers, while other programming would provide information about community events and matters pertinent to local listeners.
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4.
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The applicant confirmed that it would participate in the plan developed by the Canadian Association of Broadcasters (CAB) for contributions by radio licensees to Canadian talent development. Under this plan, a radio licensee serving a community the size of Brooks would normally be expected to contribute a minimum of $400 in each broadcast year to eligible third parties for the development of Canadian musical and other artistic talent. The applicant made a commitment to allocate a total of $3,400 in each broadcast year to the direct funding of Canadian talent development. Of that amount, the applicant proposed to devote $1,500 annually to the Aboriginal Voices Radio Network (AVRN). The applicant proposed that the remaining $1,900 per year would be contributed to eligible third parties, including a minimum annual contribution of $1,500 to FACTOR.The applicant also stated that the working relationship Newcap Inc. has developed with AVRN through its broadcasting operations across Canada would provide the new FM station with access to many new Aboriginal artists.
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Intervention
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5.
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The Commission received an intervention by Dawn Gravel in support of the application and, in particular, the Adult Contemporary music format proposed.
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The Commission's analysis and determination
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6.
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The Commission has assessed the applicant's proposal to devote $1,500 annually to the development of AVRN. Consistent with the Commission's past treatment of similar proposals by Newcap Inc., the Commission has not accepted this initiative as being one that would contribute directly to the development of Canadian talent. Nonetheless, the Commission considers that this initiative, dedicated to the support of the AVRN radio network, would contribute to the fulfilment of paragraph 3(1)(o) of the Broadcasting Act and, as such, would be beneficial to the broadcasting system as a whole.
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7.
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With respect to the remainder of the applicant's plans, the Commission is satisfied that they would be consistent with all relevant policies. Further, it considers that the proposed service would contribute to the range of musical choices available to radio listeners in Brooks, and assist in developing emerging Canadian musical talent. Accordingly, the Commission approves the application for a licence to carry on a new FM radio undertaking at Brooks.
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Issuance of the licence
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8.
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The licence will expire 31 August 2010 and will be subject to the conditions set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999. Consistent with its commitments, the applicant shall also adhere to the following conditions of licence:
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·The licensee shall contribute a minimum of $1,900 in each broadcast year to eligible third parties for the development of Canadian musical and other artistic talent, including a minimum annual contribution of $1,500 to FACTOR.
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·The licensee shall contribute a minimum of $1,500 in each broadcast year to the development of the Aboriginal Voices Radio Network.
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9.
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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.
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10.
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The Commission reminds the applicant 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.
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11.
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Furthermore, the licence for this undertaking will be issued once the applicant 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 19 December 2005. 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.
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Employment equity
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12.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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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
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Date Modified: 2003-12-19