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ARCHIVED -  Broadcasting Decision CRTC 2004-527

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Broadcasting Decision CRTC 2004-527

  Ottawa, 30 November 2004
  587681 Saskatchewan Ltd., Dekkerco Holdings Limited, and Rawlco Radio Ltd., partners in a general partnership carrying on business as Northwestern Radio Partnership
Meadow Lake, Saskatchewan
  Application 2004-0078-9
Public Hearing in the National Capital Region
7 September 2004
 

CJNS Meadow Lake - Conversion to FM band

  The Commission approves the application by Northwestern Radio Partnership to carry on a new English-language FM radio station in Meadow Lake to replace its AM station CJNS. The Commission denies the licensee's request to simulcast the programming of the new station on CJNS for a period of six months, allowing it instead to simulcast for three months.
 

The application

1.

The Commission received an application by 587681 Saskatchewan Ltd., Dekkerco Holdings Limited, and Rawlco Radio Ltd., partners in a general partnership carrying on business as Northwestern Radio Partnership (Northwestern) for a broadcasting licence to operate a new English-language FM radio programming undertaking at Meadow Lake to replace its AM station CJNS. The station would operate at 102.3 MHz (channel 272B) with an effective radiated power of 45,000 watts.

2.

The licensee indicated that the new station would maintain CJNS'Country music format, as well as its local programming including news, weather, sports and community information.

3.

The licensee indicated that the new station would provide 30 hours of local programming each week, consisting of 6 hours per day, Monday to Friday. This is the same amount of local programming as that currently offered by CJNS. The remainder of the new station's programming would continue to originate from CJNB North Battleford.

4.

Northwestern is also the licensee of CJCQ-FM and CJNB North Battleford.1

5.

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

The Commission's analysis and determination

6.

In Local programming policy for FM radio - definition of a single-station market, Public Notice CRTC 1993-121, 17 August 1993 (Public Notice 1993-121), the Commission set out its policy on local programming. That policy provides that a licensee must, by condition of licence, refrain from soliciting or accepting local advertising during any broadcast week when less than one-third of the programming aired is local (generally 42 hours). That requirement may be waived for broadcasters in single-station markets, as defined in Public Notice 1993-121.

7.

In CJCQ-FM North Battleford - New transmitter in Meadow Lake, Broadcasting Decision CRTC 2004-443, 6 October 2004, the Commission approved an application by Northwestern to operate an FM transmitter in Meadow Lake to broadcast the programming of CJCQ-FM North Battleford. Owing to the presence in Meadow Lake of both the new FM station approved herein and the new transmitter of CJCQ-FM, Meadow Lake does not meet the definition of a single-station market as set out in Public Notice 1993-121.

8.

Since the licensee's plans for the new station indicate that less than one-third of any broadcast week would be devoted to local programming, the licensee would not be eligible to solicit or accept local advertising from advertisers in the Meadow Lake community. As part of its application, the licensee requested an exemption to the local programming policy set out in Public Notice 1993-121. In support of its request, the licensee stated that the new FM station would offer the same level of local service that CJNS has provided to the Meadow Lake market for many years.

9.

In addressing this request, the Commission has taken into account the circumstances of the Meadow Lake market, and the licensee's intention to continue to provide 30 hours of local programming each week. The Commission considers that an exception to the local programming policy is justified in the circumstances. The Commission, nonetheless, encourages the licensee to increase the level of local programming broadcast on the new FM radio station, over the course of the licence term.

10.

The licensee also requested authority to simulcast the programming of the new FM station on CJNS for six months following the launch of the new station. The Commission is of the view that a period of three months for such a purpose is sufficient, and therefore denies the licensee's request. The licensee is authorized, by condition of licence, to simulcast the programming of the new FM station on CJNS for a transition period of three months following the commencement of operation of the FM station. The licensee must surrender the AM licence for revocation by the Commission at the end of that period.

11.

Based on all the foregoing, the Commission approves the application by 587681 Saskatchewan Ltd., Dekkerco Holdings Limited, and Rawlco Radio Ltd., partners in a general partnership carrying on business as Northwestern Radio Partnership for a broadcasting licence to operate a new English-language FM radio programming undertaking in Meadow Lake to replace its AM station CJNS. The station will operate at 102.3 MHz (channel 272B) with an effective radiated power of 45,000 watts.

12.

The licence will expire 31 August 2011 and will be subject to the conditions of licence set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999, with the exception of condition 9 relating to the solicitation of local advertising.
 

Issuance of the licence

13.

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.

14.

The Commission reminds the applicant 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.

15.

Furthermore, 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 30 November 2006. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
 

Employment equity

16.

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
  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
  Footnote:
1 In English-language FM radio station in North Battleford, Broadcasting Decision CRTC 2004-526, also issued today, the Commission approved an application by Northwestern for a broadcasting licence to operate a second FM radio programming undertaking in North Battleford.

Date Modified: 2004-11-30