ARCHIVED -  Decision CRTC 99-121

Decision

See also: 99-121-1

Ottawa, 4 June 1999

Decision CRTC 99-121

Power Broadcasting Inc

Kingston and Smiths Falls, Ontario - 199802468

Application processed by
Public Notice CRTC 1999-15
dated 25 January 1999

Addition of a transmitter at Smiths Falls to broadcast the programs of CKWS-TV Kingston

1. The Commission approves the application to amend the broadcasting licence for the television programming undertaking CKWS-TV Kingston (the originating station), by authorizing the licensee to add a transmitter at Smiths Falls, operating on channel 36, with an effective radiated power of 10,000 watts, to broadcast programs originating from CKWS-TV.

2. Power Broadcasting Inc. (Power) stated that CKWS-TV experiences significant interference at Smiths Falls and Perth from CHCH-TV-1 Ottawa. It claimed that the addition of the proposed transmitter at Smiths Falls would improve CKWS-TV's coverage to these communities.

3. Rogers Cablesystems Ottawa Limited (Rogers), licensee of a Class 1 cable system serving the western part of Ottawa as well as part of Nepean, parts of the Townships of March and Goulbourn, Almonte and Carleton Place (Ottawa West), submitted an intervention opposing this application. The intervener stated that the Grade A official contour of the proposed Smiths Falls transmitter would overlap Rogers' Ottawa West cable system. Noting that it already carries a CBC affiliate (CBOT Ottawa), Rogers stated that, if this application were approved, it would be required to carry a second English-language CBC television signal. Rogers claimed that it does not have sufficient channel capacity to add such a signal.

4. Section 17 of the Broadcasting Distribution Regulations (the regulations) requires Class 1 cable systems to carry all local television stations as part of the basic service. Licensees may apply to the Commission to request an exemption to this requirement of the regulations.

5. Power responded that it would support an application by Rogers seeking temporary relief from the regulatory requirement to carry CKWS-TV on its Ottawa West cable system.

6. The Commission has also considered the concerns expressed in the opposing intervention submitted by Mr. Randy Thompson and is satisfied with Power's reply.

7. The Commission considers that the proposed transmitter should resolve the existing coverage deficiency of the CKWS-TV signal as well as improve signal reception in the Smiths Falls and Perth area. Accordingly, the Commission is satisfied that approval of this application is in the public interest.

8. The Commission acknowledges the ten interventions submitted in support of this application.

9. In accordance with section 22(1) of the Broadcasting Act, the above-mentioned amendment will only be valid when the Department of Industry certifies to the Commission that its technical requirements have been met and that a Broadcasting Certificate has been or will be issued.

10. This authority will only be effective and the licence will only be amended at such time as construction of the transmitter is completed and it is prepared to commence operation. If the construction is not completed 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 construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be amended. The licensee is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:

www.crtc.gc.ca

Secretary General