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ARCHIVED - Broadcasting Decision CRTC 2003-123

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Broadcasting Decision CRTC 2003-123

Ottawa, 24 April 2003
Jim Pattison Industries Ltd.
Taber, Alberta
Application 2002-0857-1
Broadcasting Public Notice CRTC 2003-5
7 February 2003

CHHK-FM Taber - Licence renewal

1.

The Commission received an application by Jim Pattison Industries Ltd. to renew the broadcasting licence for the radio programming undertaking CHHK-FM Taber.

2.

The Commission did not receive any interventions in connection with this application.

3.

The Commission analyzed the programming broadcast by CHHK-FM during the week of 30 September to 6 October 2001. The analysis revealed that only 29.4% of the category 2 musical selections broadcast by the station between 6:00 a.m. and 6:00 p.m., Monday to Friday, were Canadian musical selections. This finding constitutes an infraction of section 2.2(9) of the Radio Regulations, 1986 (the Radio Regulations), which stipulates that:

Except as otherwise provided under a licensee's condition of licence, and subject to subsection (6), an A.M. or F.M. licensee licensed to operate a commercial station shall, between 6:00 a.m. and 6:00 p.m., in any period beginning on Monday of a week and ending on Friday of the same week, devote 35% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

4.

The licensee acknowledged its non-compliance with section 2.2(9) the Radio Regulations.

5.

In Practices regarding radio non-compliance, Circular No. 444, 7 May 2001, the Commission clarified its approach relating to radio stations operating in non-compliance.

6.

Given that this is the first such infraction by the licensee and consistent with Circular No. 444, the Commission renews the licence for CHHK-FM for a four-year term, from 1 September 2003 to 31 August 2007, instead of the maximum term of seven years. This period will allow the Commission to assess, at an earlier date, the licensee's compliance with the Radio Regulations regarding the distribution of category 2 Canadian popular music.

7.

The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999.

8.

Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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: http://www.crtc.gc.ca

Date Modified: 2003-04-24

Date modified: