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ARCHIVED -  Decision CRTC 98-149Decision CRTC 98-149

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Decision

Ottawa, 8 May 1998

Decision CRTC 98-149

Golden West Broadcasting Ltd.

Steinbach, Manitoba - 199708153

New FM radio programming undertaking

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 Steinbach, on the frequency 96.7 MHz, channel 244C, with an effective radiated power of 50,000 watts.

2. 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.

3. Golden West Broadcasting Ltd. (Golden West) is the licensee of the AM station CHSM Steinbach. The licensee has indicated that the new FM station will use the infrastucture currently in place for the AM station. This arrangement will allow the licensee to operate the new undertaking very economically and will provide the community of Steinbach with a broader range of service.

4. It is a condition of licence that this station be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

5. Consistent with this Specialty format operation, it is a condition of licence that this station maintain a minimum of 33% from categories other than category 21 (Pop, Rock and Dance) and 22 (Country and Country-Oriented) within its overall music programming.

6. The Commission notes that the applicant proposed to adhere to a minimum Canadian content level of 33% in music categories 2 and 3. The Commission will not impose the level proposed by the applicant by condition of licence, but requires Golden West to adhere to the minimum Canadian content requirements set out in the radio regulations.

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

8. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines for Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

9. It is a condition of licence that the licensee adhere to the guidelines on gender portrayal set out in the CAB's 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.

10. 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.

11. 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 Act), the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

12. 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.

13. 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.

14. In accordance with subsection 22(1) of the 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 the licence.

Laura M. Talbot-Allan
Secretary General

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