ARCHIVED -  Decision CRTC 96-732

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Ottawa, 4 November 1996
Decision CRTC 96-732
Sherbrooke, Quebec - 199606191
New radiocommunication distribution undertaking
Following a Public Hearing in Québec beginning on 9 July 1996, the Commission approves, with the exception of the technical parameters proposed, the application for a broadcasting licence to carry on a radiocommunication distribution undertaking consisting of an FM radio transmitter at Sherbrooke to distribute, in non-encrypted mode, the programs of CIRA-FM Montréal.
The Commission notes that the applicant has applied to use the frequency 89.7 MHz (channel 209B), with an effective radiated power of 18,700 watts. In an opposing intervention to this application, the CBC indicated that, in its 1989 Revised Long Range Radio Plan, it had already identified that channel for its English-language radio service in Sherbrooke. The CBC further submitted that, since at least one other class B channel was available at Sherbrooke, the applicant could revise its technical parameters.
The Commission notes that it has received two replies to this intervention on behalf of the applicant: one from the applicant itself, the other from the licensee of CIRA-FM, Radio Ville-Marie inc., acting as an agent on behalf of the applicant. The applicant indicated that it wanted to maintain its choice of frequency because the other available frequency is not strong enough to cover the proposed area. The agent for Radio-Soleil-Estrie indicated for its part that it would have no objection to changing canals in order not to interfere with the CBC's plans.
After reviewing the CBC intervention as well as the replies thereto, the Commission considers that the choice of the proposed channel is not appropriate in the circumstances and it has therefore approved the application without approving the proposed technical parameters. Accordingly, the applicant is required to submit, within six months of the date of this decision, after consultations with the Department of Industry and Commission staff, a request for approval of revised technical parameters.
Subject to the requirements of this decision, the Commission will issue a licence to Radio-Soleil-Estrie, expiring 31 August 1999. This licence will be subject to the conditions specified in the licence to be issued.
The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan and to better distribute the workload within the Commission.
In accordance with subsection 22(1) of the Act, the Commission will issue a licence to the applicant only if it is in receipt of a written confirmation of the revised technical parameters by the Department of Industry and after they have been approved by the Commission.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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