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Broadcasting Decision CRTC 2012-617

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Route reference: 2012-370

Ottawa, 7 November 2012

Canadian Broadcasting Corporation
Yellowknife, Fort Providence, Fort Resolution, Fort Simpson, Fort Smith, Hay River, Rae-Edzo and Wrigley, Northwest Territories and Fort Chipewyan, Alberta

Application 2012-0596-4, received 5 April 2012
Public hearing in Montréal, Quebec
10 September 2012

CFYK Yellowknife – Conversion to the FM band

1. The Commission approves the application by the Canadian Broadcasting Corporation (CBC) for a broadcasting licence to operate an English-language FM radio programming undertaking in Yellowknife, Northwest Territories to replace its AM station CFYK. The licensee will continue to operate the existing transmitters CBQC Fort Providence, CBQD-FM Fort Resolution, CBDO Fort Simpson, CBDI Fort Smith, CBDJ-FM Hay River, CBQB-FM Rae-Edzo, CBQG Wrigley, Northwest Territories and CBKE Fort Chipewyan, Alberta as rebroadcasting transmitters for the new FM station. The terms and conditions of licence are set out in the appendix to this decision. The licence will expire 1 March 2013 so that the next licence renewal for the service coincides with that for the CBC’s other services. The Commission received an intervention in support of this application.

2. The new station will operate at 98.9 MHz (channel 255A) with an average effective radiated power of 1,220 watts (non-directional antenna with an effective height of antenna above average terrain of 46.57 metres).

3. The new station will broadcast programming from the CBC Radio One network as well as a minimum of 56 hour of local programming during each broadcast week.

Simulcast period and revocation of AM licence

4. As set out in the appendix to this decision, the CBC is authorized to simulcast the programming of the new FM station on CFYK for a transition period of three months following the commencement of operations of the FM station. Pursuant to sections 9(1)(e) and 24(2) of the Broadcasting Act, and consistent with the licensee’s request, the Commission revokes the licence for CFYK effective at the end of the simulcast period.

Employment equity

Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not assessed by the Commission.

Secretary General

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2012-617

Terms and conditions of licence for the English-language FM radio programming undertaking in Yellowknife, Northwest Territories

Terms

The licence will expire 1 March 2013.

The station will operate at 98.9 MHz (channel 255A) with an effective radiated power of 1,220 watts (non-directional antenna with an effective height of antenna above average terrain of 46.57 metres).

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

Furthermore, the licence for this undertaking will be issued once the applicant 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 7 November 2014. 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.

Conditions of license

1. The licensee shall not broadcast any commercial message belonging to content category 5 (Advertising) except:

a) during programs that are available to the licensee only on a sponsored basis; or

b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections.

2. In each broadcast week, the licensee shall devote at least 50% of its musical selections from content category 2 (Popular music) to Canadian musical selections scheduled in a reasonable manner throughout the broadcast day.

3. In each broadcast week, the licensee shall devote at least 20% of its musical selections from content category 3 (Special interest music) to Canadian musical selections.

4. The licensee must adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission, and, as a minimum, to the Canadian Association of Broadcasters Equitable portrayal code as amended from time to time and approved by the Commission.

5. The licensee is authorized to simulcast the programming of the new FM station on CFYK Yellowknife for a transition period of three months following the commencement of operations of the FM station.