ARCHIVED -  Decision CRTC 97-514

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See also: 97-514-1

Ottawa, 27 August 1997

Decision CRTC 97-514
BAF Audio Visual Inc.
Toronto, Ontario - 199701199
New low-power AM radio programming undertaking
1. Following a Public Hearing in the National Capital Region beginning on 15 July 1997, the Commission approves the application for a broadcasting licence for an English-language low-power AM radio programming undertaking at Toronto, operating on a frequency of 1610 kHz, with a transmitter power of 99 watts.
2. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2003. This licence will be subject to the conditions specified in this decision and in the licence to be issued.
3. The technical parameters approved in this decision are for a low-power unprotected AM service. Accordingly, the licensee would have to select another frequency for the operation of this service should optimum utilization of the broadcasting spectrum so require.
4. The Commission notes that the licensee proposes to broadcast 30 to 40 hours per week of live play-by-play community amateur sports events, using a transportable studio system.
5. In Public Notice CRTC 1993-95 dated 28 June 1993 and entitled A Licensing Policy for Low-Power Radio Broadcasting, the Commission stated that the licences of low-power radio undertakings should be subject to a condition of licence that would define programming in such a way as to ensure that licensees do not change their programming and begin to offer the same service as conventional licensees, without Commission approval.
6. The Commission has considered the circumstances of this application and is of the view that it would be appropriate to apply this policy to it. Accordingly, it is a condition of licence that the undertaking be devoted solely to the broadcast of live community amateur sports events and community events.
7. It is also a condition of licence that no commercial messages be broadcast. This condition shall not prohibit the identifcation of one or more sponsors for a program or part of a program where the identification of the sponsor is limited to the name of the sponsor only and does not include a description or representation of the products or services or any attributes of the sponsor's products or services.
8. The Commission acknowledges the opposing intervention submitted by Durham Radio Inc. (Durham), licensee of CJKX-FM Ajax. In the intervention, Durham stated that it had been investigating the use of the frequency applied for by BAF Audio Visual Inc. and expressed concern that the applicant's proposal would "not maximize the potential of this frequency". Durham submitted that the Commission should issue a call for licence applications regarding this frequency. In reply, the applicant stated that the proposed undertaking "would not preclude future applications for the frequency" and that should another application be approved in the future, its "lower-power station would be obliged to change frequency, or shut down." The Commission is satisfied with the applicant's reply to the intervention.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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