ARCHIVED -  Decision CRTC 99-92

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Ottawa, 29 April 1999
Decision CRTC 99-92
Réseau Radio Campus Laval
Sainte-Foy, Quebec - 199716875Québec, Quebec - 199716346
7 December1998 Public Hearing
in Montréal
The Commission has examined these two applications, which are technically competitive with respect to use of the 94.3 MHz frequency. It approves the application by Réseau Radio Campus Laval to increase the transmission power of CHYZ-FM Sainte-Foy, change its class of frequency and relocate its antenna.
The Commission denies the application by Radio Basse-Ville to change the frequency of CKIA-FM Québec to that of CHYZ-FM (94.3 MHz) and increase transmission power. The Commission notes that there may be other solutions to CKIA-FM's technical problems.
The applications
1. Réseau Radio Campus Laval (Campus Laval) operates a campus/community radio station serving the student body of Université Laval in Québec. The station started operating on a closed circuit basis in 1991, and has been broadcasting on the FM band since January 1997. Radio Basse-Ville was licensed to operate as a Type B community radio station in 1984. Its primary role is to serve the Lowertown section of Québec.
2. Both applicants described coverage problems that prevent each station from delivering a satisfactory signal to its target audience. They cited numerous complaints from listeners who had considerable difficulty receiving their signals or who could not receive any signal at all.
3. Campus Laval wanted to extend its coverage area to reach all segments of the university community in the Québec area including all university buildings both on and off the Université Laval campus in Sainte-Foy. The applicant proposed amendments to CHYZ-FM's licence as follows:
· increasing effective radiated power from 50 to 239 watts;
· changing the class of channel 232 from low-power (LP) to Class A;
· relocating the antenna about 575 metres to the west of its current site.
4. The technical amendments proposed by Radio Basse-Ville are designed to eliminate interference problems that affect reception of its signal in urban areas and to allow it to serve a larger portion of the centretown section of Québec and Ville Vanier. The applicant indicated that it could not increase power on its current frequency because that would create interference with other radio stations in the area. It proposed to amend CKIA-FM's broadcasting licence as follows:
· by changing the frequency from 96.1 MHz (channel 241LP) to 94.3 MHz (channel 232A) using CHYZ-FM's unprotected frequency;
· by increasing the effective radiated power from 6.8 watts to 350 watts.
The Commission's decision
5. When examining the two competing applications, the Commission considered technical remedies available to the applicants. It considered the various restrictions affecting the alternatives for the Québec market, including the current availability of frequencies, the possibilities of adding new frequencies or importing a frequency from neighbouring markets, optimizing the utilization of the spectrum, and the particular operating conditions of the two stations involved.
6. The Commission has determined that there may be other technical solutions to CKIA-FM's coverage problems. In the case of CHYZ-FM, however, the Commission has concluded that there are fewer, if any, options open to the licensee.
7. The Commission considers that implementing the technical amendments proposed by Campus Laval, while maintaining the existing frequency of 94.3 MHz, is the best way for the applicant to meet its objectives. This option is the least onerous for the station and is technically the easiest to implement. It will allow CHYZ-FM to consolidate its position as the only campus/community radio station in Québec, since it will be able to effectively serve the entire university community, including off-campus buildings. Accordingly, the Commission approves the application by Campus Laval as filed.
8. Approval of the Campus Laval application means the 94.3 MHz frequency will not be available to CKIA-FM. Consequently, the Commission denies the application by Radio Basse-Ville. However, a technical analysis suggested that there are other technical solutions that could resolve CKIA-FM's coverage problems in a manner similar to that set out in the current application. In this regard, the Commission notes the statement by the applicant at the hearing following discussions on the possibility of using an alternative frequency to that proposed in the application:
Radio Basse-Ville is prepared to consider any frequency that would allow it to increase its power to 350 watts but would not restrict its future development.
9. The Commission encourages Radio Basse-Ville to consider the other technical solutions that may be available.
10. The Commission has considered the many interventions filed in support of the two competing applications, and the Canadian Broadcasting Corporation's interventions opposing both applications. The Corporation, having regard to its own future needs, proposed technical solutions that were different from those suggested in the applications. The Commission is satisfied with the applicants' responses to the CBC's interventions.
11. The authority will only be effective and the licence will only be amended when the new transmitting facilities for CHYZ-FM are constructed and ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the transmitting facilities are not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.
13. The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a Broadcasting Certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
14. 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.
This decision is to be appended to CHYZ-FM's licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:

Secretary General
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