ARCHIVED - Broadcasting Decision CRTC 2002-415

Broadcasting Decision CRTC 2002-415

Ottawa, 9 December 2002

Trust Communications Ministries
Barrie and Owen Sound, Ontario

Application 2001-1245-9
Public Hearing at Calgary, Alberta
10 April 2002

CJLF-FM Barrie - New transmitter in Owen Sound

The Commission approves the application by Trust Communications Ministries to amend the broadcasting licence for the radio station CJLF-FM Barrie, Ontario, in order to operate a transmitter in Owen Sound.

The application

1.

The Commission received an application from Trust Communications Ministries (Trust) to amend the broadcasting licence for the radio programming undertaking CJLF-FM Barrie, Ontario, in order to operate a transmitter in Owen Sound. The proposed new transmitter would operate at 90.1 MHz (channel 211A1) with an effective radiated power of 75 watts.

Interventions

2.

The Commission received 4 interventions in support of this application. It also received opposing interventions from the Church Council of Central Westside United Church (Church Council), Bayshore Broadcasting Corporation (Bayshore) and Ms. Ruth Lovell.

3.

The Church Council challenged the applicant's claim that the Christian community of Owen Sound supports approval of the application by submitting that "Barrie is not local to Owen Sound," and suggested that the applicant's target audience in the market is too small to support the station.

4.

Bayshore, the licensee of all three existing stations in Owen Sound - CFOS, CIXK-FM, and CKYC-FM - submitted that the new entrant would fragment all three of its stations' audiences, and directly compete with its CFOS station for audience and advertisers. It further submitted that the proposed service would target the same demographic, operate in the same format, and compete for the same paid religious programming as CFOS.

5.

Ms. Lovell submitted that the market is saturated, that the application by Trust is for a non-local service, and that the proposed transmitter would have a particularly negative impact on Bayshore's CFOS, by diluting the station's revenue, and reducing this community broadcaster's charitable activities and community initiatives.

The applicant's reply

6.

In reply, the applicant asserted that there has been considerable support for, and interest expressed in, the applicant's proposed retransmission of the CJLF-FM service to Owen Sound. Further, the applicant submitted that the Owen Sound market can sustain a rebroadcasting radio station with an effective radiated power of 75 watts and a Christian music format, without undue negative impact on the existing services, including CFOS.

7.

The applicant argued that: (1) while CFOS primarily operates in "talk" format, CJLF-FM is primarily a music-based radio station, (2) the program schedules of CFOS and CJLF-FM on weekends are different, and (3) CJLF-FM's primary source of revenues is listener-supported sponsorships and it is subject to the Commission's condition of licence regarding advertising. The applicant also submitted that since Bayshore owns all three stations in the market, it has an interest in curtailing competition.

The Commission's analysis and conclusion

8.

Having considered the interventions and the applicant's replies to them, the Commission approves the application because the new service will increase diversity in the Owen Sound market, both in terms of program content and ownership. Further, the Commission does not consider that there will be an undue negative impact on the incumbent stations.

9.

The applicant currently has a condition of licence with respect to CJLF-FM to spend a minimum of $3,000 each year in direct costs on the promotion and development of local talent. The Commission notes that during the proceeding, the applicant stated that it would increase its annual contribution to Canadian Talent Development - specifically, direct expenses toward the development of Canadian Christian music in its total coverage area - to $5,000. The Commission expects the licensee to adhere to this commitment throughout the remainder of the licence term.

10.

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

11.

The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, this authority will only be effective when the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

12.

The transmitter must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 9 December 2004. In order to ensure that such a request is processed in a timely manner, it should be submitted in writing at least 60 days before this date.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca