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Broadcasting Decision CRTC 2005-522
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Ottawa, 21 October 2005 |
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Dennis M. Dyck, on behalf of a
corporation to be incorporated
Yorkton, Saskatchewan |
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Application 2005-0069-6
Public Hearing in the National Capital Region
15 August 2005 |
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Christian music FM radio station
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The Commission approves an
application for a low-power English-language specialty FM radio station
in Yorkton that will broadcast Christian music. |
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The application
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1. |
The Commission received an application by
Dennis M. Dyck, on behalf of a corporation to be incorporated, for a
broadcasting licence to operate an English-language specialty low-power
FM radio programming undertaking that would provide a Christian music
service to listeners in Yorkton. The proposed station would operate at
100.5 MHz (channel 263LP) with an effective radiated power (ERP) of 44.8
watts. |
2. |
The applicant indicated that a minimum of
95% of all musical selections aired in each broadcast week would be
drawn from subcategory 35 (Non-classic religious). A minimum of 10%
of musical selections drawn from category 3 (Special interest
music) broadcast during each broadcast week would be Canadian selections.
The spoken word programming would make up 35% of the station’s programming
on a weekly basis, and would include approximately 27 hours of acquired
religious programming, as defined in Religious Broadcasting Policy,
Public Notice CRTC 1993-78,
3 June 1993 (the Religious Policy). |
3. |
The applicant indicated that the
locally-produced spoken word programs aired by the station in each
broadcast week would include two hours focusing on the local Aboriginal
community as well as programming devoted to the local Ukrainian
community. The local programming would also cover teen issues and local
sports events. |
4. |
The applicant stated that it would not
participate in the Canadian talent development plan established by the
Canadian Association of Broadcasters. Instead, the applicant made a
commitment to promote Canadian talent by contributing $400 in each
broadcast year towards the cost of the production of an annual concert
featuring a local Canadian artist performing musical selections drawn
from category 35. The applicant agreed to accept a condition of licence
requiring adherence to this commitment. |
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Interventions
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5. |
The Commission received numerous
interventions to this application, the majority of which were in
support. |
6. |
Yorkton Broadcasting Company Limited &
Walsh Investments Inc., partners in a general partnership known as GX
Radio Partnership (GX Radio), is the licensee of the two commercial
radio stations currently licensed to serve Yorkton: CJGX and CFGW-FM. GX Radio
expressed concern that the applicant’s proposed religious format could
diminish the revenues generated by the religious and gospel music
programs that have been broadcast by CJGX on Sunday mornings for many
years. In addition, GX Radio questioned whether the applicant would
fulfil its commitment to provide local programming targeted to the local
Aboriginal and Ukrainian communities. |
7. |
GX Radio alleged that the applicant’s
business plan was unrealistic, but nevertheless claimed that, if the
applicant were able to carry out its plan, the new entrant in the
Yorkton radio market would have an undue negative impact on the two
incumbent commercial radio stations. In this regard, the intervener
argued that the new signals in the Yorkton radio market from community
and low-power radio stations are eroding listenership and advertising
revenues from CJGX and CFGW-FM, and that the addition of another signal
will only further fragment listenership in the market. |
8. |
Radio CJVR Ltd., the licensee of CKJH and
CJVR-FM Melfort, Saskatchewan submitted that local commercial radio
stations have always played a vital role in small communities. In the
intervener’s view, however, too many radio stations have been licensed
in recent years with the result that community support for local
commercial radio stations is declining. It also argued that the
introduction of low-power radio stations offering niche formats has
fragmented audiences and diminished the level of service that the
incumbent local commercial radio stations have provided for years. |
9. |
Dauphin Broadcasting Company Limited, the
licensee of CKDM Dauphin, Saskatchewan also expressed concern that the
proposed radio station could have a negative impact on existing radio
stations in the area. |
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Applicant’s replies
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10. |
In response, the applicant submitted that,
in offering a substantial amount of spoken word programming, the
proposed station would increase the diversity of the programming
available in the Yorkton radio market. The applicant also noted that the
local Aboriginal and Ukrainian communities have agreed to provide
diverse local programming for broadcast on the proposed station. |
11. |
The applicant maintained that the proposed
station would generate advertising revenues from new sources and would,
therefore, not have an undue negative impact on the incumbent radio
broadcaster in Yorkton. It added that Yorkton has enjoyed steady
economic growth over the past 30 years and that there is optimism for
future growth in the community’s economy. |
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Commission’s analysis and determination
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12. |
The Commission has considered the concerns
expressed by the opposing interveners regarding the potential negative
impact that the applicant’s proposed station could have on the existing
commercial radio stations in Yorkton. The Commission notes that the
Yorkton radio market is financially healthy. In addition, the Commission
considers that the low-power niche programming service proposed by the
applicant will have little economic impact upon the two mainstream
full-power radio stations currently licensed to serve Yorkton. |
13. |
The Commission is satisfied that the
addition of the proposed station will increase the diversity of radio
services available in the Yorkton market without unduly negatively
impacting upon incumbent radio stations in the market. |
14. |
In light of all of the above, the
Commission approves the application by Dennis M. Dyck, on behalf
of a corporation to be incorporated, for a broadcasting licence to
operate an English-language specialty low-power FM radio programming
undertaking to provide a Christian music service at 100.5 MHz (channel
263LP) with an ERP of 44.8 watts. |
15. |
The Commission notes that the applicant
indicated that, in each broadcast week, it would broadcast approximately
27 hours of acquired religious programming, as defined in the Religious
Policy. The Commission considers that, when the applicant offers
religious programming as defined in the Religious Policy, it must adhere
to the guidelines set out in that policy with respect to the provision
of balance (section III.B.2.a)) and ethics (section IV.). The
Commission is therefore imposing a condition of licence, as set
out in the appendix to this decision, requiring that, when the applicant
does broadcast such religious programming, it must adhere to these
guidelines. |
16. |
The licence will expire 31 August 2012 and
will be subject to the conditions set out in New licence
form for commercial radio stations, Public Notice CRTC
1999-137, 24 August
1999, with the exception of conditions 5 and 8. The licence will also
be subject to the conditions set out in the appendix to this
decision. |
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Issuance of the licence
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17. |
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. |
18. |
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. |
19. |
Given that the technical parameters
approved in this decision are for a low-power unprotected FM service,
the Commission also reminds the licensee that it will have to select
another frequency if the Department so requires. |
20. |
The Commission will only issue the licence
once it has received documentation confirming that: |
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- an eligible Canadian corporation has been incorporated in
accordance with the application in all material respects.
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- the licensee 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 21
October 2007. 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.
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Employment equity
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21. |
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. |
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Secretary General |
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This decision is to be appended
to the licence. It is available in alternative format upon request,
and may also be examined in PDF format
or in HTML at the following Internet site:
http://www.crtc.gc.ca |
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Appendix to Broadcasting Decision CRTC 2005-522
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Conditions of licence
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1. The licence shall be subject to the conditions set out
in New licence form for commercial radio stations, Public
Notice CRTC 1999-137,
24 August 1999, with the exception of conditions 5 and 8.
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2. The station shall be operated within the Specialty format as
defined in A Review of certain matters concerning radio,
Public Notice CRTC 1995-60,
21 April 1995, and Revised content categories and subcategories
for radio, Public Notice CRTC 2000-14,
28 January 2000, as amended from time to time.
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3. A minimum of 95% of all musical selections broadcast during
each broadcast week shall be devoted to selections drawn from subcategory
35 (Non-classic religious), as set out in Revised content categories
and subcategories for radio, Public Notice CRTC 2000-14,
28 January 2000.
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4. The licensee shall, as an exception to the percentage of
Canadian musical selections set out in section 2.2(3) of the Radio
Regulations, 1986, in any broadcast week, devote in that broadcast
week a minimum of 10% of its musical selections from category 3
(Special interest music) to Canadian selections.
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For the purposes of this condition, the terms "broadcast week",
"Canadian selection", "content category" and "musical selection" shall
have the same meaning as that set out in the Radio Regulations,
1986.
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5. Where the licensee broadcasts religious programming as defined
in the Religious Broadcasting Policy, Public Notice CRTC
1993-78, 3 June
1993, the licensee shall adhere to the guidelines set out in sections
III.B.2.a) and IV. of that public notice with respect to the provision
of balance and ethics in religious programming, as amended from
time to time.
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6. Upon commencement of operation, the licensee shall make direct
expenditures of at least $400 in each broadcast year to support
Canadian talent development. The applicant shall allocate its
expenditures to the production of an annual concert featuring a local
Canadian artist performing musical selections drawn from
subcategory 35 (Non-classic religious).
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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. |
Date Modified: 2005-10-21 |