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ARCHIVED - Broadcasting Decision CRTC 2009-673

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  Route reference: 2009-296
  Ottawa, 27 October 2009
  Canadian Broadcasting Corporation
 Whitehorse, Watson Lake, Mayo, Elsa, Teslin, Beaver Creek, Swift River, Carmacks, Ross River, Atlin, Faro, Destruction Bay, Haines Junction and Dawson City, Yukon Territory
  Application 2009-0435-1, received 3 March 2009
Public Hearing in the National Capital Region
21 July 2009
 

CFWH Whitehorse - Conversion to FM band

  The Commission approves the application by the Canadian Broadcasting Corporation (CBC) for a broadcasting licence to operate a new English-language FM radio programming undertaking in Whitehorse to replace its AM station CFWH. The new FM station will continue to offer CBC’s programming on the following existing rebroadcasting transmitters: CBDB Watson Lake, CBDC Mayo, CBDD Elsa, CBDK Teslin, CBDM Beaver Creek, CBDX Swift River, CBQF Carmacks, CBQJ Ross River, CBUA-FM Atlin, CBQK-FM Faro, CBDL-FM Destruction Bay, CBDF-FM Haines Junction and CBDN Dawson City.
 

Introduction

1.

The Commission received an application by the Canadian Broadcasting Corporation (CBC) for a broadcasting licence to operate an English-language FM radio programming undertaking in Whitehorse to replace its existing AM station CFWH. The new station would operate at 94.5 MHz (channel 233C1) with an average effective radiated power of 3,300 watts.

2.

CFWH broadcasts programming received from the CBC’s national Radio One network as well as some local and regional programming. The CBC confirmed that the new FM station would maintain the current format and that it would continue to offer programming on the following existing rebroadcasting transmitters: CBDB Watson Lake, CBDC Mayo, CBDD Elsa, CBDK Teslin, CBDM Beaver Creek, CBDX Swift River, CBQF Carmacks, CBQJ Ross River, CBUA-FM Atlin, CBQK-FM Faro, CBDL-FM Destruction Bay, CBDF-FM Haines Junction and CBDN Dawson City.

3.

The CBC stated that the current AM transmitter is located on land belonging to the Department of Energy, Mines and Resources (DEMR) of the Yukon Government which has advised that the lease on the land would not be renewed beyond September 2009. The CBC submitted that establishing and maintaining an AM transmitter on an alternative site would not be cost effective.
 

Interventions and reply

4.

The Commission received one comment as well as 11 opposing interventions from listeners who expressed concern that the proposed conversion to the FM band would result in a reduction in coverage. Many of these interveners noted that CFWH is the only radio station available to them in their remote area.

5.

In response, the CBC acknowledged that the geographic area to be covered by the new FM station’s contours would be reduced. The CBC however pointed out that the FM station would provide coverage to 1,200 people who currently are unable to receive CFWH’s signal.

6.

In subsequent correspondence with the Commission that was placed on the public record of the proceeding, the CBC indicated that it had obtained a three-year lease extension from the DEMR on the land where the AM transmitter is located. The CBC nevertheless affirmed that it wished to proceed with the conversion of CFWH to the FM band.
 

Commission’s analysis and determinations

7.

With respect to the concerns expressed by the interveners, the Commission notes that signal propagation can be problematic in the area due to the nature of the local terrain. The Commission notes that most communities mentioned in the interventions are located outside the CBC’s primary market area. The Commission is satisfied that the proposed FM station would adequately serve listeners within its primary market area and provide a better quality service to listeners in Whitehorse. The Commission further notes that it is possible that some of the interveners believe that they receive a signal from the CFWH Whitehorse AM transmitter while they actually receive a CBC signal from one of its AM rebroadcasting transmitters. As noted above, the CBC confirmed that the proposed FM station would continue to provide programming on the existing rebroadcasting transmitters of CBDB Watson Lake, CBDC Mayo, CBDD Elsa, CBDK Teslin, CBDM Beaver Creek, CBDX Swift River, CBQF Carmacks, CBQJ Ross River, CBUA-FM Atlin, CBQK-FM Faro, CBDL-FM Destruction Bay, CBDF-FM Haines Junction and CBDN Dawson City.

8.

In light of the above, the Commission approves the application by the Canadian Broadcasting Corporation to operate a new English-language FM radio programming undertaking in Whitehorse to replace its AM station CFWH. The terms and conditions of licence are set out in the appendix to this decision.

9.

The CBC requested authorization to simulcast the programming of the new FM station on the AM band for a transition period of three months following commencement of operations of the FM station. In light of the concerns raised by the interveners and the extension of the lease agreement on the AM transmitter site, the Commission determines that it is appropriate to grant the CBC authorization to simulcast the programming of the new FM station on the AM band for a transition period of three years. Pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act, and consistent with the licensee’s request, the Commission revokes the licence for CFWH at the end of the simulcast period.

10.

The Commission is prepared to consider an application by the CBC for an extension of the time period in which it is authorized to simulcast the programming of the FM station on the AM band.
  Secretary General
  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.

 

Appendix to Broadcasting Decision CRTC 2009-673

 

Terms and conditions of licence

 

Terms

 

Issuance of the broadcasting licence to operate an English-language FM radio programming undertaking in Whitehorse, Yukon Territory

  The licence will expire 31 August 2016.
  The station will operate at 94.5 MHz (channel 233C1) with an average effective radiated power of 3,300 watts.
  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.
  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.
  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 27 October 2011. 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 licence

 

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 shall adhere to its self-regulatory guidelines on sex-role portrayal, as amended from time to time and approved by the Commission, and, at 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 CFWH Whitehorse for a transition period of three years following the commencement of operations of the FM station. The licensee must surrender the AM licence at the end of this period.

  For the purposes of the above conditions, the terms "broadcast week", "Canadian selection", "broadcast day" and "musical selection" shall have the same meaning as that set out in the Radio Regulations, 1986.

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