ARCHIVED -  Décision CRTC 98-434

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Decision

Ottawa, 18 September 1998
Decision CRTC 98-434
Radiocorp Inc.
Hamilton, Ontario - 199800975
Approval of an SCMO channel to broadcast German-language ethnic programming
1. Following Public Notice CRTC 1998-50 dated 19 May 1998, the Commission approves the application to amend the broadcasting licence for CKLH-FM Hamilton, by adding a condition of licence authorizing the licensee to use a Subsidiary Communications Multiplex Operation (SCMO) channel to distribute ethnic programming in the German language.
2. The Commission's policy regarding services using the SCMO channel of FM stations set out in Public Notice CRTC 1989-23 states that the Commission would be concerned if such a service were to cause any undue negative impact on existing local broadcasting services. Notwithstanding the comments made in the opposing interventions submitted by licensees of radio services serving communities outside Hamilton, the Commission notes that the proposed SCMO will not have any significant effect on local broadcasting services in Hamilton. Accordingly, the Commission is satisfied that approval of this application is in the public interest.
3. The licensee of CJRN Niagara Falls and the licensee of ethnic station CJMR Oakville each filed interventions opposing this application. The licensees of ethnic station CIAO Toronto and of CIDC-FM Orangeville submitted a joint opposing intervention.
4. CJRN, an English-language station, offers 6 hours of German-language programming each week. CIAO produces 6 hours each week of programming targeted to the German, Austrian and Swiss ethnic communities in the Toronto market. CIDC-FM Orangeville was recently authorized to offer a 24-hour-a-day German-language SCMO service (Decision CRTC 98-163 dated 5 June 1998).
5. All of the interveners argued that the Hamilton area does not have a large enough German-speaking population to support a 24-hour-a-day German-language service. CJRN expressed concern that approval of the proposed service might have a negative effect on its station. CIAO and CIDC-FM claimed that the proposed service would have a significant impact on other broadcasters who offer German-language programming.
6. In response, the applicant noted that each of the interveners' operations offer only a marginal signal to the Hamilton market. The applicant, accordingly, claimed that the proposed service would not affect the interveners' operations.
7. As part of its application, the applicant stated that the proposed channel will offer a unique and diverse German-language service. According to the applicant, there are more than 175,000 persons of German, Austrian or Swiss background in the "Golden Horseshoe" area of southern Ontario. The applicant stated that this community has demonstrated support for a new, full-time German-language radio service.
8. The Commission expects the applicant to adhere to the guidelines set out in Appendix A to Public Notice CRTC 1989-23 entitled Services using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM).
This decision is to be appended to the licence.
Laura M. Talbot-Allan
Secretary General
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