ARCHIVED -  Decision CRTC 91-331

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Decision

Ottawa, 28 May 1991
Decision CRTC 91-331
CKMW Radio Ltd.
Brampton, Ontario - 900547100
Pursuant to Public Notice CRTC 1991-13 dated 24 January 1991, the Commission approves the application to amend the broadcasting licence for CIAO Brampton, an ethnic radio station, by decreasing the day-time transmitter power from 3,000 watts to 1,000 watts, and the night-time transmitter power from 5,000 watts to 250 watts, and by changing the frequency from 790 kHz to 530 kHz.
The current application represents the licensee's third attempt to improve the reception quality of CIAO's signal throughout its coverage area. In Decisions CRTC 85-13 dated 9 January 1985 and 86-990 dated 2 October 1986 denying two previous technical amendments in favour of competing applicants, the Commission recognized the coverage limitations experienced by CIAO on its present frequency assignment. In these decisions, the Commission encouraged the licensee to seek out other viable options to resolve its technical difficulties.
The proposed frequency is currently utilized by a low-power airport station, CFYZ, operated by Transport Canada. An intervention was received from Transport Canada, supporting the proposed changes to CIAO, conditional upon a change of frequency for the airport station. The Commission notes that CFYZ utilizes the 530 kHz frequency on an unprotected basis, and that, as such, Transport Canada is obliged to vacate the frequency if it is required for a protected use such as that proposed by CIAO.
The Canadian Broadcasting Corporation (CBC) opposed the proposed technical changes on the grounds that they would cause interference to CBEF Windsor, its French-language service. In its reply, the licensee noted that, in the area which would be subject to interference, the CBC currently provides its French-language radio network programming from CJBC Toronto.
An intervention was also received from Carl Redhead, on behalf of a company to be incorporated, opposing the CIAO application. Mr. Redhead argued that the proposed use of the 530 kHz frequency should be the subject of a call for applications. He also stated that CIAO was licensed to serve Brampton, but has re-oriented its programming service to listeners in the Metropolitan Toronto and York regions. He further argued that the approval of the current application would give CIAO undue access to the Toronto and York markets.
In its reply to the intervention, the licensee stated that the proposal would not result in an increase to its advertising sales activities in Toronto. Moreover, it argued that the proposed changes would allow it to adequately deliver its ethnic programming service to the multicultural population in Brampton/Peel that has expanded significantly in recent years.
The Commission has given careful consideration to all of the foregoing, as well as to the numerous interventions received in full support of the proposals and the fact that neither of the two licensees of ethnic radio stations in the area opposed the application. The Commission is of the view that the public interest will be best served by the resolution of CIAO's long-standing technical problem. In approving the request, the Commission notes the licensee's firm commitment to maintain its Brampton programming orientation, especially with respect to its news coverage.
In accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will only issue the licence amendment, and the authority granted herein may only be implemented, at such time as written notification is received from the Department of Communications that it will issue an amendment to the Broadcasting Certificate.
Allan J. Darling
Secretary General

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