ARCHIVED - Broadcasting Decision CRTC 2003-616

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Broadcasting Decision CRTC 2003-616

  Ottawa, 19 December 2003
  3937844 Canada Inc.
Hinton, Alberta
  Application 2003-0535-1
Public Hearing in the National Capital Region
20 October 2003

CIYR Hinton - Conversion to FM band

  The Commission approves a new FM station at Hinton following the conversion of CIYR from the AM band.
  The application


The Commission received an application by 3937844 Canada Inc. (a subsidiary of Newcap Inc.) for a broadcasting licence to carry on a new English-language FM radio programming undertaking at Hinton following the conversion of the applicant's existing station CIYR Hinton from the AM to the FM band. The applicant proposed to operate at 97.5 MHz (channel 248B1) with an effective radiated power of 1,200 watts. It would operate in a single-station market as defined in Local programming policy for FM radio - definition of a single-station market, Public Notice CRTC 1993-121, 17 August 1993.


The new FM station would provide the same Adult Contemporary music format as that currently provided by CIYR. Approximately 60% of the programming would be produced locally, while the remainder would be obtained from the station's sister station CJYR Edson. Local programming would include local and regional news, sports and community information, including a daily entertainment guide focused on local performers.


The applicant confirmed that it would participate in the plan developed by the Canadian Association of Broadcasters (CAB) for contributions by radio licensees to Canadian talent development. Under this plan, a radio licensee serving a community the size of Hinton would normally be expected to contribute a minimum of $400 in each broadcast year to eligible third parties for the development of Canadian musical and other artistic talent. The applicant made a commitment to allocate a total of $1,400 in each broadcast year to the direct funding of Canadian talent development. Of that amount, the applicant proposed to devote $500 annually to the Aboriginal Voices Radio Network (AVRN). The applicant proposed that the remaining $900 per year would be contributed to eligible third parties, including a minimum annual contribution of $500 to FACTOR.The applicant also indicated that the working relationship Newcap Inc. has developed with AVRN through its broadcasting operations across Canada would provide the new FM station with access to many new Aboriginal artists.


The Commission received two interventions in support of this application.
  The Commission's analysis and determination


The Commission has assessed the applicant's proposal to devote $500 annually to the development of AVRN. Consistent with the Commission's past treatment of similar proposals by Newcap Inc., the Commission has not accepted this initiative as being one that would contribute directly to the development of Canadian talent. Nonetheless, the Commission considers that this initiative, dedicated to the support of the AVRN radio network, would contribute to the fulfilment of paragraph 3(1)(o) of the Broadcasting Act and, as such, would be beneficial to the broadcasting system as a whole.


The Commission is also satisfied that the conversion of the Hinton radio station from the AM to the FM band would improve the quality of service to listeners in this community and, accordingly, approves the application.


The Commission notes that the applicant acquired CIYR from Standard Radio Inc. as part of a much larger transaction approved in 3937844 Canada Inc., a subsidiary of Newcap Inc., acquires the assets of radio stations in Alberta, Broadcasting Decision CRTC 2002-93, 19 April 2002. The Commission reminds the applicant of its ongoing responsibility for fulfilling all of the commitments set out in that decision as the benefits of that transaction.
  Issuance of the licence


The Commission will issue a licence expiring 31 August 2010. The licence will be subject to the conditions set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999, with the exception of condition of licence no. 9, relating to the solicitation of local advertising. That condition does not apply to stations operating in a single-station market. The following conditions of licence shall also apply.


Consistent with its commitment, the licensee shall, by condition of licence, contribute a minimum of $900 per year to eligible third parties for the development of Canadian musical and other artistic talent, including a minimum annual contribution of $500 per year to FACTOR.


Consistent with its further commitment, the licensee shall, by condition of licence, contribute a minimum of $500 in each broadcast year to the development of the Aboriginal Voices Radio Network.


The licensee is authorized, by condition of licence, to simulcast the programming of the new FM station on the AM station CIYR for a transition period of three months following the commencement of operations of the FM station. At the end of this period, the licensee must surrender the AM licence for cancellation by the Commission.


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.


The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.


The licence for this undertaking will be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking 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 19 December 2005. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.
  Employment equity


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:

Date Modified: 2003-12-19

Date modified: