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ARCHIVED -  Broadcasting Decision CRTC 2004-58

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Broadcasting Decision CRTC 2004-58

  Ottawa, 30 January 2004
  Quinte Broadcasting Company Limited
Quinte West (formerly Trenton), Ontario
  Application 2003-0603-6
Public Hearing in the National Capital Region
17 November 2003
 

CJTN Quinte West - Conversion to FM band

  In this decision, the Commission approves the application by Quinte Broadcasting Company Limited to carry on a new English-language FM radio station in Quinte West (formerly Trenton) to replace its AM station CJTN.
 

The application

1.

The Commission received an application by Quinte Broadcasting Company Limited (Quinte) for a broadcasting licence to operate a new English-language FM radio programming undertaking in Quinte West (formerly Trenton) to replace its AM station CJTN.

2.

Quinte also owns CJBQ and CIGL-FM in the nearby community of Belleville, Ontario. The applicant stated that both CJTN and CJBQ are experiencing declining audiences and revenues. It indicated that the conversion of CJTN to the FM band would enable the station to attract more listeners and improve the company's overall financial performance.

3.

The applicant stated that the proposed new FM station would offer the same Oldies, Soft Adult Contemporary format currently offered by CJTN. The applicant plans, however, to strengthen local news, weather and community reflection and to offer more detailed coverage of local amateur sports.

4.

Quinte 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 Quinte West 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 stated that, in each broadcast year, it would contribute $400 to FACTOR.

5.

Quinte also made a commitment to spend an additional $12,100 in each broadcast year on direct funding of Canadian talent development. Of that amount, the applicant proposed to allocate $10,000 annually to the Town of Trenton, and Trenton Parks and Recreation and Festival Committees to sponsor free public concerts featuring local artists throughout the summer months. In each broadcast year, the applicant would devote the remaining $2,100 to a talent contest at the annual Trenton Summer Festival. The winning artist or artists would receive a local recording session and production of a CD with the possibility of airing on one or more of Quinte's radio stations.
 

Interventions

6.

The Commission received some 30 interventions in support of this application and an opposing intervention by Starboard Communications Ltd. (Starboard).

7.

Starboard is the licensee of CJOJ-FM and CHCQ-FM Belleville. The intervener expressed concern that the proposed conversion of CJTN to the FM band is premature and would have a negative financial impact on CJOJ-FM and CHCQ-FM.
 

The applicant's reply

8.

In response, Quinte stated that it expects that the conversion of CJTN to FM would increase its share of advertising revenue in the Belleville-Trenton market. Quinte, nevertheless, maintained that only a small portion of the additional incremental advertising revenue to be generated by the proposed FM station would be earned at the expense of Starboard's stations.
 

The Commission's analysis and determination

9.

The Commission has considered all relevant information and arguments presented by both the applicant and the interveners. The Commission notes that the proposed FM station would broadcast essentially the same programming as currently offered by CJTN. The Commission is satisfied that the proposed conversion of CJTN to the FM band would improve the quality of the station's service to listeners in this community without causing undue financial harm to Starboard. Furthermore, the Commission is satisfied with the applicant's commitments to Canadian talent development and notes that its proposed contribution in this area exceeds the minimum requirement established by the CAB in its plan.

10.

Based on all the foregoing, the Commission approves the application by Quinte Broadcasting Company Limited for a broadcasting licence to operate a new English-language FM radio programming undertaking in Quinte West to replace its AM station CJTN. The station will operate at 107.1 MHz (channel 296B) with an effective radiated power of 3,640 watts.
 

Issuance of the licence

11.

The licence will expire 31 August 2005, the current expiry date for CJTN, and will be subject to the conditions set outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999, including a condition of licence requiring the licensee to make contributions to Canadian talent development in accordance with the CAB plan. The licence will also be subject to the conditions described below and set out in the appendix to this decision.

12.

The Commission is imposing, as a condition of licence,the licensee's commitments, as described in the application, to contribute, in each broadcast year, a minimum of $12,100 in direct cost expenditures on Canadian talent development, over and above its annual contributions under the CAB plan.

13.

The Commission authorizes the licensee, by condition of licence, to simulcast the programming of the new FM station on CJTN 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 this period.

14.

Quinte had requested authority to simulcast the programming of the new FM station on CJTN for a transition period of six months following the commencement of the operation of the FM station. The Commission, however, considers that three months is sufficient. The licensee may apply to the Commission for an extension of the time limit if specific circumstances at the time require.

15.

The Commission is imposing a condition of licence prohibiting the new FM station from carrying separate commercial messages during periods when the same programs are broadcast simultaneously on Quinte's Belleville and Trenton stations. CJTN is currently subject to a condition of licence to that effect and the licensee agreed to accept a similar condition for the proposed FM station.

16.

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.

17.

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.

18.

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 January 2006. 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

19.

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: http://www.crtc.gc.ca
 

Appendix to Broadcasting Decision CRTC 2004-58

 

Conditions of licence

 

1. The licensee shall not broadcast separate commercial messages on its Quinte West station during periods when the same programs are broadcast simultaneously on the licensee's Belleville and Quinte West stations.

 

2. In each broadcast year, the licensee shall contribute a minimum of $12,100 in direct cost expenditures on Canadian talent development, as follows:

 
  • $10,000 to be allocated to the Town of Trenton, Trenton Parks and Recreation and Festival Committees for free public concerts featuring local Canadian artists throughout the summer months;
 
  • $2,100 to be allocated to a talent contest at the annual Trenton Summer Festival with the winning artist or artists to receive a local recording session, production of a CD and airing on one or more of the licensee's stations.
 

The Commission reminds the licensee that all direct cost expenditures related to Canadian talent development must comply with the criteria set out in An FM policy for the nineties, Public Notice CRTC 1990-111, 17 December 1990, which describes initiatives generally accepted by the Commission.

 

3. The licensee is authorized to simulcast the programming of the new FM station on CJTN for a transition period of three months following the commencement of operation of the FM station, or for such further period as is authorized in writing by the Commission. The licensee must surrender the AM licence for revocation by the Commission at the end of this period.

Date Modified: 2004-01-30