ARCHIVED -  Decision CRTC 98-141

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Decision

Ottawa, 1 May 1998

Decision CRTC 98-141

Dufferin Communications Inc.

Orangeville, Ontario - 199709747 - 199709755

Licence amendments - Denied

1.  Following Public Notice CRTC 1997-148 dated 18 December 1997, the Commission denies the applications to amend the broadcasting licence for CIDC-FM Orangeville, by relocating the transmitting facility to a new site situated 17 kilometres east of the existing site, and by reducing the effective radiated power from 50,000 watts to 30,700 watts.

2.  The technical changes proposed in this application would have resulted in a significant expansion of CIDC-FM's coverage contours into the Toronto Central Radio Market (TCM).

3.  In support of its applications, the licensee argued that increased access to the TCM is required in order to preempt the potential for increased competition with CIDC-FM's dance format. The licensee also stated that the proposal was designed "primarily to protect what (they) now have as well as to provide for possible growth".

4.  The Commission received a number of interventions in opposition to the applications. Interventions were filed by several Toronto market broadcasters, specifically: Shaw Radio Ltd., licensee of CING-FM Burlington and CFNY-FM Brampton, WIC Radio Ltd., licensee of CILQ-FM and CHOG Toronto; Rogers Broadcasting Ltd., licensee of CHFI-FM and CFTR Toronto; Telemedia Inc., licensee of CKCL and CJEZ-FM Toronto and Rawlco Communications Ltd., licensee of CISS-FM Toronto. An opposing intervention was also received from a group of concerned listeners of CIDC-FM who worry that they would no longer be able to receive the station's signal.

5.  The interveners argued that approval of these applications would result in a significant change in CIDC-FM's principal market area. They pointed out that the applicant's rationale is based on a hypothetical competitive scenario, which currently does not exist, and that the applicant "fails to establish any real need for the amendments sought".

6.  The Commission has traditionally considered CIDC-FM as external to the TCM. In past decisions, the Commission has stated concern over possible loss of the station's local Orangeville programming orientation but has also recognized the impact of lost tuning to out-of-market stations. In this case, the Commission agrees with the interveners that these applications would result in a significant change in CIDC-FM's principal marketing area. The Commission also notes the absence of any demonstrated current financial hardship or any technical impediment with respect to CIDC-FM's ability to provide a reliable service to its currently authorized service area. In fact, the applicant's own projections show its service continuing to generate substantial profit even in the event of a denial of these applications.

7.  In view of all of the above, the Commission is not persuaded that approval of the amendments are warranted under the circumstances. Accordingly, the Commission denies the applications.

8.  The Commission acknowledges and has considered the numerous interventions submitted in support of the applications.

Laura M. Talbot-Allan
Secretary General

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