ARCHIVED -  Decision CRTC 98-455

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Ottawa, 28 September 1998
Decision CRTC 98-455
Heritage Unlimited Inc.
Mount Pearl (City of), Newfoundland - 199716578
New low-power FM radio programming undertaking
1.  Following a Public Hearing in the National Capital Region held on 20 July 1998, the Commission approves the application for a broadcasting licence for a low-power English-language FM radio programming undertaking at Mount Pearl, on the frequency 92.3 MHz, channel 222LP, with an effective radiated power of 50 watts.
2.  Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2005. This licence will be subject to the conditions specified in this decision and in the licence to be issued.
3.  The Commission notes that the applicant is a not-for-profit organization (a corporation without share capital) incorporated under the Corporation Act of Newfoundland.
4.  The technical parameters approved in this decision are for a low-power unprotected FM service. Accordingly, the applicant would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.
5.  The Commission notes that this undertaking will provide a 24 hour-a-day pre-recorded tourist information service, seven days a week. The service will give the location and directions to the Admiralty House Museum, exhibit descriptions, parking information and hours of operation as well as general information about the City of Mount Pearl. On a maximum of eight separate occasions during the year, the service will offer live broadcasts of special events presented by local groups. Typically, the live broadcasts will not exceed four hours.
6.  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 licensees of low-power radio undertakings should be subject to a condition of licence that would define their programming in such a way as to ensure that they do not change their programming and begin to offer the same service as conventional licensees, without Commission approval.
7.  The Commission has considered the circumstances of this application and is of the view that it would be appropriate to apply the policy to it. Accordingly, it is a condition of licence that, except for live broadcasts restricted to events of interest in the City of Mount Pearl, the station be used solely to broadcast a 24-hour-a-day pre-recorded tourist information service to the City of Mount Pearl and area, including the promotion of special events and exhibits.
8.  It is a condition of licence that the service broadcast no advertising material.
9.  It is also a condition of licence that no musical selections be broadcast, except as incidental background music to events.
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' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and accepted by the Commission.
11.  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.
12.  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.
13.  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 the licence.
Laura M. Talbot-Allan
Secretary General
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