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Broadcasting Decision CRTC 2005-523
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Ottawa, 21 October 2005
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3077457 Nova Scotia Limited Amherst, Nova Scotia
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Application 2005-0262-6
Public Hearing in the National Capital Region
15 August 2005
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Acquisition of assets
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1.
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The Commission approves the application by 3077457 Nova Scotia Limited (3077457) for authority to acquire the assets of the radio programming undertaking CFNS-FM Amherst, from Central Nova Tourist Association, and for a broadcasting licence to continue the operation of the undertaking.
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2.
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The Commission did not receive any interventions in connection with this application.
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3.
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3077457 is directly owned by Mr. Jack McGaw (50%) and indirectly owned by Mr. Robert Stapells (50%) through 3079118 Nova Scotia Limited. Currently, 3077457 owns three low-power FM radio stations, each of which provides a tourist information service in St. Stephen, Moncton and Fredericton, New Brunswick, respectively.
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4.
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As indicated in Commercial Radio Policy 1998, Public Notice CRTC 1998-41, 30 April 1998, the Commission generally expects applicants to make commitments to tangible benefits representing a financial contribution of 6% of the value of the transaction. Given that the present transaction has no monetary value, the applicant did not propose tangible benefits. In the circumstances, the Commission finds that the proposed transaction is acceptable.
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Issuance of the licence
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5.
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The Commission will issue a new licence to 3077457 Nova Scotia Limited, upon surrender of the current licence issued to Central Nova Tourist Association. The new licence will expire 31 August 2010, the current expiry date, and will be subject to the conditions specified therein and to the conditions set out in the appendix to this decision.
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6.
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In accordance with the applicant's request, the Commission is deleting CFNS-FM's current condition of licence stipulating that the station be used solely to broadcast pre-recorded public service information for the purpose of attracting visitors to the Central Nova Scotia Tourist Information Centre. Instead, the Commission is imposing a condition of licence, as set out in the appendix to this decision, requiring that station be used solely for the purpose of broadcasting pre-recorded messages relating to local and provincial safety conditions, Confederation Bridge conditions, tourist attractions, events and community activities.
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7.
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The applicant had requested that the new condition of licence also stipulate that the station be used to broadcast "any other information which does not constitute the same service being offered by conventional licensees." The Commission considers that such wording is too broad and would not be appropriate for a low-power tourist information station.
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8.
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In accordance with the applicant's request, the Commission is also imposing a condition of licence stipulating that station not broadcast musical selections, except as incidental background music.
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Employment equity
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9.
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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.
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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 in PDF format or in HTML at the following Internet site: www.crtc.gc.ca
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Date Modified: 2005-10-21