ARCHIVED -  Decision CRTC 97-539

Decision

Ottawa, 5 September 1997

Decision CRTC 97-539

Radio 1540 Limited

Licence amendment

1. Following Public Notice CRTC 1997-52 dated 2 May 1997, the Commission approves the application to amend the broadcasting licence for CHIN Toronto, by adding a low-power FM transmitter (LPFM) at Toronto, operating on a frequency of 101.3 MHz (channel 267LP), with an effective radiated power of 22 watts.

2. The applicant requested the addition of the proposed transmitter to improve the night-time coverage of CHIN's signal to certain areas of Woodbridge, East Mississauga and Etobicoke.

3. Dufferin Communications Inc., licensee of CIDC-FM Orangeville, and CKMW Radio Ltd., licensee of CIAO Brampton, jointly submitted an intervention which, while supporting the application, requested that the Commission impose a condition of licence regarding the potential use of the station's SCMO channel for ethnic programming.

4. The Commission notes that the applicant did not indicate in its application that it intends to use SCMO channels to broadcast ethnic programming. Should the applicant wish to do so, it would be required to submit an application to the Commission requesting authorization. Once complete, the application would be announced by public notice and these interveners' comments could be resubmitted at that time.

5. CHRY Community Radio Incorporated (CHRY), licensee of CHRY-FM Downsview/Toronto, and The Mohawk College Radio Corporation (Mohawk College), licensee of the new campus/instructional FM radio station at Hamilton, submitted interventions opposing this application. Both argued that the Commission should issue a call for applications for LPFM undertakings in accordance with Public Notice CRTC 1993-95, which sets out the Commission's licensing policy for low-power radio broadcasting.

6. In response, the applicant stated that it is proposing to operate an LPFM on channel 267, the upper third adjacent channel to the CHIN-FM assignment, and within that station's protected contour. The applicant further stated that Industry Canada does not permit the operation of a third adjacent channel, inside the protected contour of another station, without that station's consent. For this reason, the applicant argued that it alone can use channel 267 and, as a consequence, this frequency is not an unconstrained drop-in LPFM that could be licensed to any applicant, as indicated in Public Notice CRTC 1993-95.

7. In addition, the Commission notes that, in Public Notice CRTC 1996-73 dated 5 June 1996, it did issue a call for applications for a new radio station to serve Toronto. CHRY and Mohawk College had an opportunity, at that time, to apply for the frequency in question, because the call did not specify the frequency that could be used by a prospective applicant.

8. Having considered all the evidence before it, the Commission is satisfied that approval of this application will correct CHIN's technical deficiencies in its AM night-time signal coverage without having an undue impact on other radio stations operating in the area.

9. The Commission acknowledges the intervention submitted by CIRC Radio Inc., licensee of CIRV-FM Toronto, in support of this application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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