ARCHIVED -  Decision CRTC 93-65

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Decision

Ottawa, 15 February 1993
Decision CRTC 93-65
Telemedia Communications Ontario Inc.
Midland, Ontario - 911714400
Following a Public Hearing in the National Capital Region beginning on 21 September 1992, the Commission approves the application by Telemedia Communications Ontario Inc. (Telemedia) for a broadcasting licence for an English-language Group II - Country FM radio programming undertaking at Midland on the frequency 104.1 MHz (channel 281), with an effective radiated power of 129 watts.
The Commission will issue a licence expiring 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence at the same time as that of other radio stations in the area.
Telemedia is currently the licensee of CKMP Midland. It will cease operation of this AM undertaking three months following implementation of the proposed FM service. During this three-month phasing-in period, CKMP will simulcast the programming of the new FM station. Following this period, the Commission requires Telemedia to surrender the licence currently issued for CKMP.
In approving this application, the Commission has taken into account the fact that the conversion from the AM band to FM frequency 104.1 MHz, one which is designated for use in the Midland area, will result in more consistent service, especially at night, and that service will be extended to the communities in Tiny and Tay townships.
As part of this application, Telemedia proposed to broadcast a minimum of 20 hours of station-produced programming per week on the FM station, compared to the weekly level of 49 hours currently broadcast by CKMP. At the hearing, the applicant revised its commitment, and will now broadcast a minimum of 32 hours per week of station-produced programming. The Commission requires the licensee, within 30 days of the date of this decision, to submit a revised Promise of Performance, reflecting this change.
The Commission notes that during time periods when local programming is not broadcast, the new station will rebroadcast the programming of the new Telemedia FM station in Orillia, authorized in Decision CRTC 93-64 of today's date.
The Commission also notes the applicant's commitment to contribute $5,000 annually on behalf of the new Midland station to the Country Talent Development Fund operated by the Canadian Country Music Association.
The Commission acknowledges the interventions in opposition to this application submitted by CHAY-FM Limited, licensee of CHAY-FM Barrie, and Rock 95 Broadcasting (Barrie-Orillia) Ltd., licensee of CFJB-FM Barrie/Orillia, and is satisfied with the licensee's response to the concerns raised.
The Commission also acknowledges the numerous interventions submitted in support of this application.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. Based upon the reports prepared by Employment and Immigration Canada, the Commission has determined that there is considerable room for improvement in the approach now being followed by the licensee toward achieving employment equity. Accordingly, the Commission expects the licensee to develop and implement, without delay, an effective plan of action to ensure that adequate employment equity practices are followed throughout its organization. In particular, the Commission encourages the licensee to promote equitable representation in on-air staff positions and in voice-overs of station-produced commercial messages. The Commission will review these matters at the time of licence renewals of other Telemedia undertakings.
The Department of Communications (DOC) has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence, and the authority granted herein may only be implemented, at such time as written notification is received from the DOC that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
It is a condition of licence that construction of the undertaking be completed and that it be in operation within twelve months of the date of receipt of the DOC notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
Allan J. Darling
Secretary General

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