ARCHIVED -  Decision CRTC 94-842

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Decision

Ottawa, 2 November 1994
Decision CRTC 94-842
Newcap Inc.
Thunder Bay, Ontario - 940395700

Conversion of CJLB to an FM station

Following a Public Hearing in the National Capital Region beginning on 18 August 1994, the Commission approves the application by Newcap Inc. (Newcap) for a broadcasting licence for an English-language (Group II - Country) FM radio programming undertaking at Thunder Bay, on the frequency 105.3 MHz, channel 287C, with an effective radiated power of 100,000 watts.
The Commission will issue a licence expiring 31 August 1999, subject to the conditions specified in this decision and in the licence to be issued. 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.
Newcap is currently the licensee of the AM broadcasting undertaking CJLB Thunder Bay. The licensee will cease operation of CJLB within six months following the implementation of the proposed FM service. During this six-month transition period, Newcap will simulcast on CJLB the programming of the new FM station. At the end of this period, as stated by Newcap in its application, the Commission expects Newcap to surrender the licence currently issued for CJLB.
Newcap indicated that the proposed conversion to FM will address the technical problems of CJLB's signal and concerns regarding leasing of the AM transmitter site. In this regard, Newcap stated that the present lease of the AM transmitter site is due to expire in 1996 with no further renewal. The Commission is also satisfied that the FM signal will provide a higher quality signal to a greater coverage area than the AM signal.
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. It encourages the licensee, during the new 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.
This approval is subject to the requirement that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision, or where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.
Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the licensee, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.
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.
The Commission acknowledges the intervention submitted by North Superior Broadcasting Ltd. concerning the effective radiated power level proposed by Newcap Inc. and is satisfied with the licensee's response in this regard. The Commission also acknowledges numerous supporting interventions submitted by organizations and individuals in the Thunder Bay area.
Allan J. Darling
Secretary General
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