ARCHIVED -  Decision CRTC 97-650

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Ottawa, 20 November 1997
Decision CRTC 97-650
Canadian Broadcasting Corporation
Victoria, Alert Bay, Campbell River, Coal Harbour, Gold River, Metchosin/Sooke, Port Alberni, Port Alice, Port Hardy, Powell River, Sayward, Tahsis, Tofino, Ucluelet and Woss Camp, British Columbia - 199706264
New radio programming undertaking
1. Following a Public Hearing in the National Capital Region held on 22 September 1997, the Commission approves the application for a licence to carry on an English-language radio programming undertaking at Victoria, on the frequency 90.5 MHz, channel 213C1, with an effective radiated power of 3,190 watts, with a transmitter at Metchosin/Sooke, on the frequency 99.5 MHz, channel 258A, with an effective radiated power of 38 watts.
2. The Commission notes that this undertaking will also include the transmitters CBRY-FM Alert Bay, CBYT-FM Campbell River, CBKO Coal Harbour, CBKJ Gold River, CBTQ-FM Port Alberni, CBUX Port Alice, CBUY-FM Port Hardy, CBUW-FM Powell River, CBKU Sayward, CBXP Tahsis, CBXZ-FM Tofino, CBXQ Ucluelet and CBTW-FM Woss Camp which were deleted from the licence of CBU Vancouver as a result of Decision CRTC 97-651 released today.
3. The Commission will issue a licence expiring 31 August 2001, subject to the conditions specified in this decision and in the licence to be issued.
4. 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 for CBC radio programming undertakings.
5. The Commission notes that this application responds to a long-standing concern of citizens of Victoria about the lack of local CBC radio programming in Victoria, especially since Victoria has been the only provincial capital without a CBC radio station that originates programming. In Decision CRTC 93-95, which last renewed the licences for the four CBC radio networks, the Commission noted these concerns and encouraged the CBC to pursue plans to establish an originating English-language Radio service during the upcoming licence term.
6. The new station will offer a three-hour morning program each weekday from 6:00 a.m. to 9:00 a.m. CBC indicates that this program "will provide comprehensive coverage of Victoria and Vancouver Island events, issues, and personalities, in the best tradition of CBC Radio. It will also incorporate the most interesting and relevant material from the rest of the province, the country and the world."
7. After 9:00 a.m. on weekdays, the station will carry regional programming produced in Vancouver as well as programming from the CBC English-language Radio (AM) network. However, provision will be made for the insertion of local information during these periods.
8. It is a condition of licence that the Corporation not broadcast any commercial message of Category 5 (Advertising) except:
a) during programs that are available to the licensee only on a sponsored basis, or
b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections, or
c) in communities where there is no other programming undertaking broadcasting in the same language.
9. It is a condition of licence that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.
10. It is a condition of licence that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian.
11. It is a condition of licence that the licensee adhere to its Revised CBC Guidelines on Sex-Role Portrayal dated 12 August 1991 as amended from time to time and approved by the Commission and, as a minimum, to the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
12. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.
13. This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed 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 operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.
14. The Department of Industry 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.
15. In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority will only be granted at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
16. The Commission acknowledges the numerous interventions received in support of this application.
17. The Commission also acknowledges the opposing interventions submitted with respect to this application and it is satisfied with the licensee's replies thereto.
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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