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ARCHIVED -  Decision CRTC 2001-620

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Decision CRTC 2001-620

Ottawa, 2 October 2001
CJRN 710 Inc.
788813 Ontario Inc.
Niagara Falls, Ontario 2001-0421-6, 2001-0422-4 
Applications processed by
Public Notice CRTC 2001-52
dated 10 May 2001

CJRN and CFLZ-FM trade formats

1. In Public Notice 2001-52, the Commission announced the receipt of applications to amend the broadcasting licences for CJRN and CFLZ-FM Niagara Falls, to allow the two stations with ownership links to exchange programming formats. The licensees of both stations are controlled by members of the family of the late Mr. Keith Dancy.
2. Currently, CJRN is a commercial AM station owned by CJRN 710 Inc., and operates in an "oldies" musical format on frequency 710 kHz. CFLZ-FM is a non-commercial tourist information station owned by 788813 Ontario Inc., currently operating on frequency 105.1 MHz (channel 286A). The licensees propose to broadcast the programming aired on CJRN on CFLZ-FM, and the programming presently broadcast on CFLZ-FM on CJRN.
3. In the application respecting CJRN, the licensee expressed the view that approval of the requests would ensure that the only local commercial radio station in Niagara Falls remains viable and able to compete with out of market radio signals. It also stated that the move of the commercial station to the FM band would provide CJRN's current listeners with a technically superior and higher fidelity signal.
4. The licensee of CFLZ-FM proposes the use of the AM frequency and licensed transmitter power now used by CJRN. In support of its application, it noted that the 710 kHz AM signal, with its wider geographic coverage during daytime would be well-suited for the delivery of CFLZ-FM's programming, which is directed to visitors in the region. The Niagara Parks Commission and the Niagara Falls Bridge Commission, which assist in the funding of CFLZ-FM, have filed letters supporting the applications.
5. Interventions in opposition to these applications were submitted by Telemedia Radio Inc., licensee of three radio stations in St. Catharines, Ontario, Coultis Broadcasting Limited, licensee of CHSC St. Catharines, and RB Communications Limited, licensee of CHOW-FM Welland. All of the interveners raised a concern that the format exchange could result in economic harm to existing stations in the region.
6. In response to the interventions, both licensees asserted that the requested changes would not result in any loss of service, or any addition of signals to the local market. They also stated that the two stations will continue to operate with their respective licensed technical parameters.
7. The Commission has considered the views of the applicants and of the interveners. In view of the poor financial condition of CJRN and in order to enable the station to continue to provide service to the St. Catharines - Niagara radio market, the Commission approves these applications.
8. The format switch will be accomplished by applying to CFLZ-FM the conditions of licence in effect under the current licence of CJRN, and those in effect under the current licence of CFLZ-FM to CJRN. The conditions of licence applicable hereafter to each of the licences are set out in the appendix attached to this decision.
Secretary General
This decision is to be appended to the licences. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca
 

Appendix to Decision CRTC 2001-620

  Conditions of licence applicable to CFLZ-FM (conditions formerly applicable to CJRN):
  1. The licensee is required 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, concurrently with 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.
  2. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986, in any broadcast week where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:
 

in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and

 

between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical sections from content category 2 to Canadian selections broadcast in their entirety.

 

For purposes of this condition, the terms broadcast week, content category and musical selection shall have the meaning set out in section 1 of the Radio Regulations, 1986.

 

The Commission reminds the licensee that it must specify, on music lists provided to the Commission, the year of release for all musical selections broadcast.

  3. The licensee shall 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.
  Conditions of licence applicable to CJRN (conditions formerly applicable to CFLZ-FM):
  1. The licensee shall use this station solely to broadcast pre-recorded tourist information for the purpose of informing visitors to Niagara Falls.
  2. The licensee shall broadcast no advertising material.

Date Modified: 2001-10-02