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ARCHIVED -  Decision CRTC 98-147Decision CRTC 98-147

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Decision

Ottawa, 1 May 1998

Decision CRTC 98-147

North Superior Broadcasting Ltd.

Wawa and Chapleau; and Marathon, Ontario - 199707840 - 199708145

New FM radio programming undertaking at Wawa and licence amendment for CFNO-FM

1.  Following a Public Hearing in the National Capital Region beginning on 16 February 1998, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Wawa, operating on a frequency of 107.1 MHz, channel 296A, with an effective radiated power of 210 watts, with a transmitter at Chapleau, on a frequency of 100.7 MHz, channel 264A1, with an effective radiated power of 130 watts.

2.  The Commission also approves the application by North Superior Broadcasting Ltd. (North Superior) to amend the broadcasting licence for the radio programming undertaking CFNO-FM Marathon, by deleting the authority for the transmitter CFNO-FM-8 Chapleau.

3.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2004. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

4.  The local commercial radio station CJWA Wawa which was owned by Pelmorex Radio Inc. ceased operations in September 1996. The new FM radio undertaking approved herein will fill the void resulting from the closure of CJWA and will continue as a an affiliate of the Pelmorex radio network. The licensee will also purchase various on-air equipment from the now defunct CJWA.

5.  Upon implementation, the FM station will operate in a single-station market as defined in Public Notice CRTC 1993-121 entitled Local programming Policy for FM Radio - Definition of a Single-Station Market. In accordance with the policy outlined in the above-noted public notice, the new FM station is excluded from the policy requirements respecting local programming and advertising for commercial FM stations operating in markets served by more than one private commercial station, as outlined in Public Notice CRTC 1993-38 dated 19 April 1993. Consequently, the FM station may solicit and accept local advertising, irrespective of the amount of local programming that it broadcasts.

6.  Notwithstanding the above, the Commission notes North Superior's undertaking to broadcast 42 hours weekly of station-produced programming.

7.  It is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

8.  It is also a condition of licence that the level of hits broadcast be less than 50% of all musical selections broadcast each week.

9.  The licensee is required, by condition of licence, to devote a minimum of $500 each year in direct expenditures to the development of Canadian talent.

10.  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 accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

11.  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 accepted by the Commission.

12.  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. In this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

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.

This decision is to be appended to each licence.

Laura M. Talbot-Allan
Secretary General

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