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ARCHIVED - Broadcasting Decision CRTC 2004-415

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Broadcasting Decision CRTC 2004-415

  Ottawa, 20 September 2004
  McBride Communications & Media Inc. and Umeek Human Resources Development Inc., partners in West Island Radio Enterprises General Partnership
 Tofino, British Columbia
  Application 2003-1702-5
Public Hearing in the National Capital Region
7 June 2004
 

English-language FM radio station in Tofino

  The Commission approves the application by McBride Communications & Media Inc. and Umeek Human Resources Development Inc., partners in West Island Radio Enterprises General Partnership, to operate an English-language FM radio station in Tofino.
 

The application

1. The Commission received an application by McBride Communications & Media Inc. and Umeek Human Resources Development Inc., partners in West Island Radio Enterprises General Partnership (West Island Radio), for a broadcasting licence to operate an English-language FM radio programming undertaking in Tofino, British Columbia.
2. The proposed station would operate at 90.1 MHz (channel 211A1) with an effective radiated power (ERP) of 170 watts.
3. The applicant proposed to offer a blend of Pop-Rock and Country music. All programming would be locally-produced and would include regular weekday newscasts on the hour from 6 a.m. to 9 a.m., at noon, and at 4 p.m. and 5 p.m. The station would also offer newscasts on Saturday. The proposed station would feature local artists and would offer a weekly four-hour program in a First Nations language.
4. 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 market the size of Tofino would 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.
 

Interventions

5. Eight letters of support for this application were submitted at the time the application was filed. One of the letters was signed by 33 parties. Four parties submitted interventions in opposition to the application.
6. The Commission received two interventions from Peter Moffat, president of PLM Broadcasting Ltd. (PLM). In New FM programming undertaking, Decision CRTC 99-174, 15 July 1999, the Commission approved an application by PLM to operate a new FM radio programming undertaking in Tofino. The new station, CHOO-FM, commenced operations on 3 February 2000 but ceased to operate in January 2002. Mr. Moffat stated that he is currently involved in a litigation process with Ma-Mook Development Corporation (Ma-Mook), his partner in PLM, and that his intent was eventually to resume broadcasting on CHOO-FM. He expressed concern that the applicant had proposed to lease broadcasting equipment from Ma-Mook, and that there might be a relationship between Ma-Mook and West Island Radio. Mr. Moffat requested that the Commission delay consideration of the application by West Island Radio until a reasonable settlement could be reached in the litigation between himself and Ma-Mook, and CHOO-FM is operational.
7. Leif Pedersen, clerk administrator for the District of Tofino, reported that the Council of the District of Tofino had passed a resolution supporting the intervention submitted by Mr. Moffat of PLM. The resolution also noted that litigation between Mr. Moffat and Ma-Mook was still in progress, and asserted that the application had not been made available for public examination.
8. Vera Webb, councillor for the District of Tofino, also submitted an intervention in which she noted that the primary shareholders of West Island Radio did not live in Tofino. She further expressed concern that the application had been posted in Ucluelet, rather than in Tofino - the community that the applicant proposed to serve. Ms. Webb also expressed concern that the proposed station would have access to equipment formerly used by CHOO-FM.
9. Owen Strudwick, councillor for the District of Tofino, submitted that the community did not support West Island Radio's application. He also raised questions about the relationship between West Island Radio and Ma-Mook and the equipment formerly used by CHOO-FM.
 

The applicant's replies

10. The applicant submitted replies to the interventions by Peter Moffat of PLM, Leif Pedersen and Owen Strudwick.
11. In its reply to Peter Moffat, the applicant stated that there was no relationship between West Island Radio and Ma-Mook, and that it had no connection with the litigation between Ma-Mook and Mr. Moffat. It further noted that Mr. Moffat had submitted no documentation showing that a relationship between West Island Radio and Ma-Mook existed. With respect to equipment, West Island Radio stated that, although it had discussed leasing equipment previously purchased by Ma-Mook, no agreement was in place and that its application was not dependent on the use of this equipment.
12. In its reply to Leif Pedersen, the applicant reiterated that there was no legal relationship between West Island Radio and PLM, and that its application was not in any way dependent on the outcome of the litigation between Peter Moffat and Ma-Mook. The applicant further stated that it had posted the application for public examination and that the application had, in fact, been examined by several parties, including Mr. Moffat.
13. In response to the intervention by Owen Strudwick, the applicant argued that there was community support for the radio station. It submitted, once again, that there was no relationship between West Island Radio and Ma-Mook, and that its application was not dependent on the use of equipment leased from Ma-Mook.
 

The Commission's analysis and determination

14. The Commission notes the ongoing litigation between Mr. Moffat of PLM and Ma-Mook relates to the operation of CHOO-FM. It further notes that Mr. Moffat submitted no evidence that there was a legal connection between West Island Radio and Ma-Mook, a connection that the applicant has denied.The Commission further notes West Island Radio's statement that its application is not dependent on the leasing of broadcast equipment from Ma-Mook. In light of the above, the Commission considers that the resolution of the litigation between Mr. Moffat and Ma-Mook does not impact on the Commission's ability to render a decision on West Island Radio's application at this time.
15. The Commission notes concerns raised in connection with West Island Radio making the application available for public examination. While the application was, technically, not made available in the area to be served, the Commission notes that the application was available for public examination during the required time frame at the place specified in Broadcasting Notice of Public Hearing CRTC 2004-3, 7 April 2004. The application was also available at the Commission's offices across Canada, including its Vancouver office, as well as on the Commission's website. As well, a notice concerning the application was published in the Tofino Ucluelet Westerly News on 5 May 2004. The Commission is therefore satisfied that, in the circumstances, the application was made available for examination by the public in a sufficient manner.
16. The Commission also notes that, according to its records, CHOO-FM has not been on the air for over two years, and considers that the West Island Radio application provides an additional opportunity for local radio service to be re-established in Tofino. In light of the above, the Commission approves the application by West Island Radio for a broadcasting licence to operate an English-language FM radio programming undertaking in Tofino. The station will operate at 90.1 MHz (channel 211A1) with an ERP of 170 watts.
17. The licence will expire 31 August 2011 and will be subject to the conditions set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999.
 

Issuance of licence

18.

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.

19.

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.

20.

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 20 September 2006. 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.
 

Employment equity

21.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the applicant 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 

Date Modified: 2004-09-20

Date modified: