ARCHIVED -  Decision CRTC 94-775

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Decision

Ottawa, 29 September 1994
Decision CRTC 94-775
Pelmorex Communications Inc.
North Bay, Ontario - 940203300

Conversion of CHUR to an FM station

Following a Public Hearing in the National Capital Region beginning on 18 August 1994, the Commission approves the application by Pelmorex Communications Inc. (Pelmorex) for a broadcasting licence for an English-language (Group I) FM radio programming undertaking at North Bay, on the frequency 100.5 MHz, channel 263C, with an effective radiated power of 100,000 watts.
The Commission will issue an FM licence expiring 31 August 1999, subject to the conditions specified in this decision and in the licence to be issued, upon surrender of the licence for CHUR. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan and to better distribute the workload within the Commission.
Upon implementation of the FM station, Pelmorex will convert the current "oldies" format of CHUR to a Group I (Pop, Rock, and Dance) format. Pelmorex will also broadcast 30 minutes per week of French-language programming.
According to Pelmorex, the proposed FM station will provide a more reliable and better quality signal, and also extend coverage to the entire North Bay and Nipissing market. The licensee also expects that the change in programming format, and the improved quality and greater range of the FM signal, will reverse current market erosion and repatriate listeners tuning to out-of-market stations.
The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budgets and the initiatives proposed by the licensee in this respect. The Commission reminds the licensee that it will be expected to submit a report outlining the implementation of the benefits approved in Decisions CRTC 90-676 and 90-1157 at the end of the five-year benefit period. It encourages the licensee, during the licence term, to continue its efforts towards the support, development and on-air exposure of local and regional talent.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
It is a condition of licence that the licensee adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and approved by the Commission.
It is also a condition of licence that the licensee adhere to the provisions of the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and approved by the Commission.
The Department of Industry Science and Technology (DIST) has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority granted herein may only be implemented, at such time as written notification is received from the DIST that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
It is a condition of licence that the authority granted herein be implemented within twelve months of the date of receipt of the DIST notification referred to in the preceding paragraph or, where the licensee applies to the Commission within this period and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
The Commission acknowledges the intervention submitted the Canadian Broadcasting Corporation concerning the proposed use of channel 263C by Pelmorex, indicating that it would conflict with the CBC's Long Range Radio Plan, which envisages the use of channel 263A for a future FM stereo service in Ville-Marie, Quebec. The Commission, however, is satisfied with the reply submitted by Pelmorex's engineering consultant, in which a suitable alternative channel 267A, has been indentified and approved by DIST for future assignment at Ville-Marie.
The Commission also acknowledges the supporting intervention received from Telemedia Communications Ontario Inc.
Allan J. Darling
Secretary General
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