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Decision
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Ottawa, 26 August 1988
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Decision CRTC 88-514
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New Brunswick Broadcasting Company Ltd.
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Halifax, Nova Scotia -881451900
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Pursuant to Public Notice CRTC 1988-119 dated 26 July 1988, the Commission approves the application to amend the broadcasting licence for CIHF-TV Halifax by decreasing the effective radiated power from 128,200 watts to 10,800 watts and by changing the channel from 20 to 8. The Commission reminds the licensee, however, that the condition of licence respecting implementation of this service by 5 September 1988 remains in effect.
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The Commission notes that in Decision CRTC 88-376 dated 3 June 1988, an identical amendment application by New Brunswick Broadcasting Company Ltd. (NBB) was denied because the Commission determined that the "general advantages which the applicant attributed to the use of VHF transmitters do not outweigh the clear disadvantages of such use in the present case". Specifically, the Commission was concerned that the proposed Grade B contour of the Halifax station using a VHF transmitter (channel 8) would encompass 5,400 fewer people than the originally-proposed Grade B contour with a UHF transmitter (channel 20) and that requisite technical restrictions that the Department of Communications would have to impose on the operation of channel 8 at Halifax would "effectively preclude the possibility of any future power increase or other remedial measures to expand the signal coverage". NBB argued at that time, that the lower capital and operating costs associated with the use of a VHF transmitter would place it in a better economic position to respond to the Commission's expectation that it extend a third television service throughout the Maritimes at the earliest possible date.
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In the current application NBB states that the change of channel would result in a saving of $626,391 in capital costs for installation of the transmitter and a saving of $60,500 in annual operating costs. NBB also stated that it is commonly recognized that the VHF frequency band is technically superior to that of UHF.
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The present application was filed at the same time as three other applications by NBB to establish stations at Bridgewater, Wolfville and Truro, Nova Scotia to rebroadcast the programs of CIHF-TV. These three applications have been scheduled for consideration at a public hearing to be held in Toronto, Ontario commencing on 3 October 1988 (CRTC Notice of Public Hearing 1988-51). The Grade B contour of these three proposed rebroadcasters would encompass all 5,400 people who would not otherwise receive the signal if CIHF-TV were to broadcast on channel 20. The Grade B contours of these three proposed rebroadcasters would also encompass an additional 154,806 persons.
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The Commission has taken into account, in approving this application, the commitment of NBB to serve the 5,400 people referred to above even if the Commission were to deny the applications that have yet to be heard for the proposed three rebroadcasters. NBB stated that should the Commission deny one or more of the applications for rebroadcasters for technical or other reasons, NBB would correct the technical or other deficient components of the applications and resubmit them expeditiously. It stated: "The principal involved here is one we agree with the CRTC on, that the 5,400 people who were to be delivered coverage originally should in fact receive the MITV service and should do so as soon as possible".
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The Commission has received an opposing intervention from CHUM Limited, licensee of the Atlantic Satellite Network and the Atlantic Television System (ATV). ATV expressed concern about what it perceives to be the linking of the Halifax application with those of the three proposed rebroadcasters, stating that the Commission should consider the Halifax application on its own merits and arguing that the coverage concerns expressed by the Commission in its previous decision remain unresolved by this application. Specifically, ATV contends that if the Commission approves the distribution of CIHF-TV on channel 8, 5,400 viewers would not receive service on 5 September 1988.
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The intervener also stated that ATV has occupied channel 8 on all major Maritime cable systems for the past decade and indicated that there would be a loss of "cable channel identity and substantial audience transfer" which would result in serious financial consequences for ATV. Finally the intervener expressed concern with respect to the impact on Halifax-area cable systems and subscribers.
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In its reply to the ATV intervention, NBB stated categorically that immediately upon approval of the Halifax amendment it would "fast-track" the rebroadcaster installations, and it undertook to serve the afore-mentioned 5,400 people as well as the additional people who will receive service within a few months.
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With respect to the identification of channel 8 with ATV, NBB pointed out that "a different channel is used on an equal number of other systems in the Maritimes and that no company may have "a proprietary claim to a cable channel". NBB also indicated its willingness to co-operate with cable companies to minimize the impact of this change.
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The Commission also received interventions from Dartmouth Cable TV Limited and Halifax Cablevision Limited objecting to the impairment of a channel on the basic band that would result from approval of the transmission of CIHF-TV on channel 8 and opposing the application on the basis of the changes to their cable distribution which would be necessitated by the NBB proposal. Halifax Cablevision Limited also cited costs involved in changing its equipment to receive and distribute the CIHF-TV signal and both interveners indicated that equipment delivery delays could result in a postponement in the distribution of the service.
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In response, NBB stated that both companies would be required to effect changes to their channel line-ups to accomodate the CIHF-TV signal even if it uses channel 20 and indicated its willingness to assist in the public awareness campaign by publicizing the new channel line-ups, on its own facility and through the print media. The licensee also pointed out that each cable system will have eight unimpaired channels available on the basic band for the distribution of priority services. NBB undertook to make the CIHF-TV service available by way of a direct line to cable companies in its service area during the period required to obtain the appropriate equipment for over-the-air reception.
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Having weighed all of the factors related to this application, the Commission is of the view that approval of the change to a VHF frequency at Halifax is in the public interest. The Commission expects NBB to meet its commitment to ensure that the MITV service is available on cable on 5 September 1988.
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Fernand Bélisle
Secretary General
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