ARCHIVED -  Decision CRTC 85-699

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Ottawa, 27 August 1985
Decision CRTC 85-699
Diffusion CIMO Inc.
Sherbrooke, Quebec - 841044100
At a Public Hearing in Quebec City on 9 November 1984, the Commission considered an application by Diffusion CIMO Inc. for a broadcasting licence to operate a French-language FM radio station in Sherbrooke to rebroadcast the programs of CIMO-FM Magog.
In Decision CRTC 79-278, the Commission granted a licence to the applicant to operate station CIMO-FM Magog and noted that "while the new station will have its studios in Magog, it intends to serve Sherbrooke as well." The decision further stated that the applicant might experience difficulty in broadcasting a technically satisfactory signal to Sherbrooke and that the Commission "would be prepared to consider certain technical modifications which would result in a better service to the area which the licensee has applied to serve."
At the hearing, the applicant stated that it had investigated a number of alternatives to provide adequate coverage from the CIMO-FM Magog transmitter to poorly served areas, and had concluded that a second transmitter was the only economically feasible means of providing these areas with a high-quality signal. It also indicated that revenues from Sherbrooke were essential for the survival of its undertaking.
The Commisson notes, however, that the operation of this rebroadcasting station would result in two frequencies being used to provide the same service to the same area. This would, as a general rule, be contrary to the licensing policies of the Commission and the Department of Communications (DOC) which require optimum use of scarce frequencies.
In assessing this application, the Commission notes DOC's acknowledgement that the actual 3mV/m contour, which it uses as a measure to determine if adequate coverage is provided to large cities, did not cover Sherbrooke and that the DOC has indicated that it will issue a technical certificate for the proposed rebroadcaster in Sherbrooke on the condition that the technical brief be revised in compliance with DOC Procedure No. 14.
Based on the foregoing and on the fact that, according to Decision CRTC 79-278, Sherbrooke is already part of the applicant's main market area and could not be adequately served without the proposed rebroadcaster, the Commission is satisfied that a departure from its policy of not licensing two frequencies in the same market is justified in this case. The Commission therefore approves the application to carry on a low-power French-language FM radio broadcasting transmitting undertaking at Sherbrooke, operating on the frequency 106.9 MHz (channel 295), to rebroadcast the programs of CIMO-FM Magog. The Commission will issue a licence expiring 31 March 1990, subject to the conditions of licence specified in the licence to be issued.
This approval is subject to the condition that the applicant shall submit, within three months of the date of this decision, a revised technical brief to DOC. Should the above-mentioned technical brief not be submitted within the said period, the authority granted herein shall then lapse and thereafter be null and void.
In accordance with paragraph 22(1)(b) 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 Department of Communications that it will issue a Technical Construction and Operating Certificate.
The channel approved by this decision is an unprotected channel. Accordingly, the applicant would have to select another channel for the operation of the station, should optimum utilization of the broadcasting spectrum so require.
Fernand Bélisle Secretary General

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