ARCHIVED -  Decision CRTC 94-657

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Decision

Ottawa, 18 August 1994
Decision CRTC 94-657
Radio CKYK-FM Inc.
Alma and an area east of Jonquière, Quebec - 940016900
Addition of a transmitter at Alma - Approved
Addition of a transmitter in an area east of Jonquière - Denied
Pursuant to Public Notice CRTC 1994-49 dated 4 May 1994, the Commission approves in part the application submitted by Radio CKYK-FM Inc. to amend the broadcasting licence for the radio programming undertaking CKYK-FM Alma (the ori-
ginating station), by authorizing the licensee to add a new transmitter at Alma, operating on frequency 99.1 MHz (channel 256LP) with an effective radiated power of 7.9 watts.
The Commission denies that part of the application requesting authorization to add a transmitter in an area east of Jonquière, operating on frequency 99.1 MHz (channel 256LP) with an effective radiated power of 15.4 watts.
According to the licensee, the addition of the proposed transmitters at Alma and an area east of Jonquière is needed to correct CKYK-FM's poor signal quality in those areas.
At a public hearing held in the National Capital Region in September 1992, the Commission considered two competing applications for a licence to operate an additional FM station at Alma in the Lac-St-Jean region. In Decision CRTC 93-6 dated 6 January 1993, the Commission authorized Gestion Germaine Lévesque Inc./ Rosaire Leclerc and Gestion Stalnia Inc., subsequently incorporated as Radio CKYK-FM Inc., to provide a French-language FM radio service at Alma, now known as CKYK-FM Alma.
Based on the information submitted in the original application considered at the 1992 hearing, the Commission was satisfied that the applicant planned to serve the Lac- St-Jean region exclusively, and that it did not intend to seek revenues from Jonquière in the Saguenay region to ensure the station's viability. The Commission notes that, at the 1992 hearing, the applicant stated:
 (TRANSLATION) We wish to serve totally but also exclusively the Lac-St-Jean region. The coverage map accompanying our application is very explicit on this point.
The applicant further affirmed that:
 (TRANSLATION) The signal of the proposed FM station will not run over at all into the neighbouring region [... that] explains well the lack of opposition to our project from owners of FM stations in the Saguenay.
In Public Notice CRTC 1990-111 dated 17 December 1990 and entitled "An FM Policy for the Nineties", the Commission defined the market of an FM station to be any area within either the 3 mV/m signal contour or the central area of the community served by the station as defined by the Bureau of Broadcast Measurement, whichever is smaller.
Alma is located within CKYK-FM's 3 mV/m contour and is, therefore, within the station's market. Accordingly, the Commission considers the applicant's request to add a transmitter to improve CKYK-FM's signal quality at Alma is warranted and has, therefore, approved that part of the application.
The Commission notes, however, that the area east of Jonquière proposed by the licensee is within CKYK-FM's 0.5 mV/m contour, and is, therefore, not within the station's market. Accordingly, the Commission considers that adding a transmitter east of Jonquière, as proposed by the applicant, would, in fact, extend CKYK-FM's market beyond that authorized in Decision CRTC 93-6.
Moreover, the Commission considers that the introduction of an additional FM radio signal into the Saguenay radio market would have a negative impact on existing local radio stations.
In view of all of the above, the Commission has denied that part of the application requesting authority to add a transmitter east of Jonquière.
The Commission acknowledges the interventions submitted by Télémédia Communications Inc., licensee of CFIX-FM Chicoutimi, and by Radiomutuel Inc., licensee of CKKS Jonquière and its affiliated station CJAB Chicoutimi, opposing the proposal to establish a transmitter east of Jonquière. The Commission has noted the licensee's response to these interventions.
The approval of the transmitter at Alma is subject to the requirement that construction of the transmitting facilities be completed and that they be in operation within twelve months of the date of this decision or, where the licensee applies to the Commission within this period and satisfies the Commission that it cannot complete the construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.
Should construction not be completed within the twelve-month period stipulated in this decision or, should the Commission refuse to approve an extension requested by the licensee, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.
In accordance with subsection 22(1) 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 Industry, Science and Technology that it will issue a Broadcasting Certificate.
Allan J. Darling
Secretary General

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