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ARCHIVED - Broadcasting Decision CRTC 2010-764

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Route reference: 2010-295

Additional reference: 2010-295-1 and 2010-764-1

Ottawa, 15 October 2010

Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P.
Golden, British Columbia

Application 2010-0490-3, received 19 March 2010
Public Hearing in the National Capital Region
19 July 2010

CKGR Golden – Conversion to FM band

1.      The Commission approves the application by Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P. (Astral), for a broadcasting licence to operate a new English-language commercial FM radio programming undertaking in Golden, British Columbia to replace its AM station CKGR. The terms and conditions of licence are set out in the appendix to this decision. The Commission received interventions in support of this application.

2.      Astral is a general partnership controlled by Astral Media Inc.

3.      The new station will operate at 106.3 MHz (channel 292A) with an average effective radiated power (ERP) of 890 watts (non-directional antenna with an effective height of antenna above average terrain of -373.3 metres).

4.      The new station will offer a Mainstream Adult Contemporary music format targeting adults 18 to 54 years of age. Programming will include over 4 hours of pure news each broadcast week, of which 80% will be local. Astral will also provide extensive coverage of community events and activities, interviews, public service announcements and general community information.

5.      The station will operate in a single-station market as defined in Public Notice 1993-121. Accordingly, the station is not subject to the requirement that, in order to solicit or accept local advertising, one third of its programming must be local. The Commission notes, however, that the applicant has made a commitment to offer a minimum of 42 hours of local programming in each broadcast week, with an objective of broadcasting higher levels of such programming.

Canadian content development

6.      The Commission reminds Astral that it must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986 (the Regulations), as amended from time to time. Any CCD initiatives that have not been allocated to specific parties by condition of licence must be allocated to the support, promotion, training and development of Canadian musical and spoken word talent, including journalists. Parties and initiatives eligible for CCD funding are identified in paragraph 108 of Broadcasting Public Notice 2006-158.

Non-compliance

7.      The Commission notes a situation of non-compliance relating to CKGR’s transitional CCD condition of licence as it relates to contributions for 2008. In Broadcasting Decision 2009-794, the Commission approved in part a payment plan proposed by Astral to address this issue.

8.      As noted in Broadcasting Decision 2009-794, the Commission’s usual practice is to deal with non-compliance issues at the time of licence renewal. Since Astral’s application to convert CKGR to the FM band requires the issuance of a new licence, the Commission has examined the circumstances of CKGR’s non-compliance in the context of the present application. Given the non-compliance with CKGR’s regulatory obligations, the Commission considers that it is appropriate that the licence term for the new FM station correspond to the four-year short-term licence period that would typically have been granted to CKGR at renewal time in accordance with Circular No. 444. Accordingly, the licence for the new FM station will expire 31 August 2014. This will allow the Commission to review the station’s compliance with its regulatory obligations, and in particular with those relating to CCD, at an earlier date.

Simulcast period and revocation of AM licence

9.      As set out in the appendix to this decision, the licensee is authorized to simulcast the programming of the new FM station on CKGR for a transition period of three months following the commencement of operations of the FM station. Pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act, and consistent with the licensee’s request, the Commission revokes the licence for CKGR effective at the end of the simulcast period.

Tangible benefits package relating to Astral’s acquisition of CKGR and other stations 

10.  The Commission reminds the licensee that it must fulfill all of the benefits commitments set out in Broadcasting Decision 2007-359, in which it approved an application by Astral to acquire the assets of radio undertakings owned by Standard Radio Inc., including CKGR. In the context of this acquisition, a tangible benefits package was established according to the value of the transaction. The radio benefits package was comprised of CCD initiatives totaling $61,584,681 to be paid over seven consecutive broadcast years. 

Employment equity

11.  Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2010-764

Terms and conditions of licence

Terms

Issuance of the broadcasting licence to operate an English-language commercial FM radio programming undertaking in Golden, British Columbia

The station will operate at 106.3 MHz (channel 292A) with an average effective radiated power (ERP) of 890 watts (non-directional antenna with an effective height of antenna above average terrain of -373.3 metres).

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.

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.

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 15 October 2012. 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.

The licence will expire 31 August 2014.

Conditions of licence

1.      The licence will be subject to the conditions set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

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

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