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Broadcasting Decision CRTC 2006-71
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Ottawa, 14 March 2006 |
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L.A. Radio Group Inc.
Lacombe, Alberta |
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Application 2005-0595-1
Public Hearing in the National Capital Region
14 November 2005 |
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English-language FM radio station in Lacombe
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The Commission approves an
application for a broadcasting licence to operate an English-language
commercial FM radio station in Lacombe, Alberta. |
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The application
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1. |
The Commission received an application by
L.A. Radio Group Inc. (L.A. Radio) for a broadcasting licence to operate
an English-language commercial FM radio programming undertaking in
Lacombe, Alberta. The proposed station would operate at 94.1 MHz
(channel 231B) with an average effective radiated power (ERP) of 9,500
watts. |
2. |
L.A. Radio stated that the station would
offer a classic hits music format featuring a wide range of music from
the 60s through the early 90s for listeners between the ages of 35 and
54 years. The applicant stated that all of the station’s programming
would be produced locally, and that it would broadcast a minimum of 40%
Canadian content in its music. |
3. |
In each broadcast week, 4.5% of the radio
station’s schedule would be devoted to spoken word programming focusing
on the local community of Lacombe. The spoken word programming would
include 4 hours and 53 minutes of local and regional news. Up to three
hours of religious programming would also be offered. In addition, given
the area’s large agricultural base, the station would offer news
packages targeted to the farming community. |
4. |
The applicant stated that, other than
broadcasting severe weather warnings and responses from emergency
services, it would direct its programming only to the communities of
Lacombe and Ponoka and not to listeners in Red Deer, Alberta. |
5. |
Under the Canadian talent development (CTD)
plan instituted by the Canadian Association of Broadcasters (CAB),
licensees serving markets the size of Lacombe are required to contribute
a minimum of $400 per year to CTD. The applicant indicated that it would
exceed this minimum requirement. Specifically, it made a commitment to
contribute a minimum of $5,000 in each broadcast year over seven
consecutive years for a total of $35,000 in direct contributions to CTD.
Of this amount, half would be allocated to the Foundation to Assist
Canadian Talent on Records (FACTOR), and half would be allocated to a
scholarship fund for local secondary students in order to assist them in
continuing their music studies. The applicant indicated that it would
abide by this commitment by condition of licence. |
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Interventions
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6. |
The Commission received many interventions
in connection with this application, the majority of which were in
support. In addition, Newcap Inc. (Newcap), the parent company of
4323041 Canada Inc., the licensee of CKGY-FM and CIZZ-FM Red Deer, and
the partners of Jim Pattison Broadcast Group Limited Partnership1
(Pattison), the licensee of CHUB-FM and CFDV-FM Red Deer, filed
interventions in opposition to the application. |
7. |
Both Newcap and Pattison noted that Lacombe
is located approximately 29 kilometres north of Red Deer. They
contended that, given the proximity of Lacombe to Red Deer, the signal
of the proposed radio station would reach Red Deer. In Newcap’s view,
the proposed radio station would, in reality, be a Red Deer radio
station. Newcap also referred to English-language FM radio station
in Red Deer, Broadcasting Decision CRTC 2004-117,
15 March 2004, which authorized Pattison to operate a second
FM radio station in Red Deer on the basis that it would provide
competitive balance in that radio market. |
8. |
Pattison submitted that the proposed
service would offer a format that would be similar to those that are
already provided by Red Deer radio stations that are currently received
in Lacombe and expressed concern that the proposed station would target
advertisers in Red Deer. Pattison also contended that the licensing of
the proposed station would have a negative impact on existing radio
stations in the Red Deer radio market, and particularly on the
intervener’s own new FM radio station that was launched less than one
year ago. |
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Applicant’s replies
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9. |
In response to the opposing interveners,
L.A. Radio stated that its revenue projections do not include
advertising revenues from the Red Deer radio market. L.A. Radio also
indicated its willingness to accept a condition of licence prohibiting
it from soliciting local advertising in Red Deer. |
10. |
The applicant reiterated that its
programming would be distinctly local to the Lacombe and Ponoka areas
and maintained that its proposed classic hits format, targeted to adults
over 35 years of age, is not presently offered by radio stations
received in Lacombe. |
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Commission’s analysis and determination
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11. |
The Commission notes that the approval of
this application will provide Lacombe with its first local commercial
radio station dedicated exclusively to serving the particular needs and
interests of the residents of the community. The programming will focus
on the many local services and events important to residents of that
community. |
12. |
The Commission acknowledges the concerns
raised by Newcap and Pattison in their interventions. However, the
Commission notes that the applicant has indicated its willingness to
accept a condition of licence prohibiting it from soliciting local
advertising in the Red Deer radio market. The Commission is satisfied
that such a condition of licence will mitigate any potential negative
impact that the proposed station might have on incumbent Red Deer radio
stations. |
13. |
In light of the above, the Commission
approves the application by L.A. Radio Group Inc. for a broadcasting
licence to operate an English-language commercial FM radio programming
undertaking in Lacombe at 94.1 MHz (channel 231B) with an average ERP of
9,500 watts. |
14. |
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 condition of licence no.
5 relating to contributions to CTD under the CAB’s plan. 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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15. |
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. |
16. |
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. |
17. |
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 14
March 2008. 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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18. |
In accordance with Implementation of an
employment equity policy, Public Notice CRTC 1992-59,
1 September 1992, the Commission encourages the applicant 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 2006-71
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Conditions of licence
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1. The licence is 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 condition number 5.
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2. The licensee shall make direct expenditures of at least $35,000,
over seven consecutive years, on Canadian talent development (CTD).
Upon commencement of operation, this amount shall be distributed over
seven consecutive years as follows:
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- $2,500 in each broadcast year to the Foundation to Assist
Canadian Talent on Records (FACTOR); and
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- $2,500 in each broadcast year to a scholarship fund for local
secondary students in order to assist them in continuing their music
studies.
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The Commission reminds the applicant that all CTD expenditures must
be made in accordance with the Commission’s policy on qualifying
contributions to CTD, as set out in Appendix 1 to An FM policy
for the nineties, Public Notice CRTC 1990-111,
17 December 1990.
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3. The licensee shall refrain from soliciting local advertising in
Red Deer, Alberta.
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4. The licensee shall, as an exception to the percentage of
Canadian musical selections set out in sections 2.2(8) and 2.2(9) of
the Radio Regulations, 1986, in any broadcast week:
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(a) devote, in that broadcast week, 40% or more of its musical
selections from content category 2 to Canadian selections
broadcast in their entirety; and
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(b) devote, between 6 a.m. and 6 p.m., in the period from
Monday to Friday of the same broadcast week, 40% or more of its
musical selections from content category 2 to Canadian selections
broadcast in their entirety.
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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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Footnote:
Jim
Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison
Industries Ltd. (the limited partner), carrying on business as Jim
Pattison Broadcast Group Limited Partnership |
Date Modified: 2006-03-14 |