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Broadcasting Decision CRTC 2003-345
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Ottawa, 1 August 2003
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Silk FM Broadcasting Ltd.
Magna Bay, British Columbia
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Application 2002-0832-3
Broadcasting Public Notice CRTC 2003-3
23 January 2003
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CILC-FM Magna Bay - Technical change
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The Commission approves the application by Silk FM Broadcasting Ltd. to increase the effective radiated power of CILC-FM Magna Bay, a transmitter of CILK-FM Kelowna, British Columbia.
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The application
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1.
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The Commission received an application from Silk FM Broadcasting Ltd. (Silk FM) to increase the effective radiated power of the transmitter CILC-FM Magna Bay, from 6.3 watts to 50 watts.
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2.
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The licensee indicated that the proposed change is intended to improve the signal quality in the transmitter's coverage area, since the mountains that surround the area limit the signal propagation.
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Interventions
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3.
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The Commission received two interventions opposing Silk FM's proposal, one from Jim Pattison Industries Ltd. (Pattison) and the other from Standard Radio Inc. (Standard). Pattison is the licensee of CIFM-FM and CKBZ-FM Kamloops and Standard is the licensee of CKXR Salmon Arm.
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4.
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Pattison expressed concern that, should the proposed power increase be approved, the signal of CILK-FM Kelowna will be extended into part of the extended market for its Kamloops stations. The intervener stated that the expanded coverage area for CILK-FM Kelowna would have an impact on audiences in an already fragmented marketplace. Pattison further noted that the musical format used by CILK-FM is already available in the area from existing local radio stations.
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5.
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Standard stated that the transmitter CILC-FM Magna Bay already has a clear signal in the region it is licensed to serve. As the licensee of CKXR Salmon Arm, the intervener expressed concern that the proposed increase in power for CILK-FM's transmitter would give that station a clear signal in the Salmon Arm region. The intervener stated that this would effectively give Silk FM a new FM radio station in the Salmon Arm region, without Silk FM having made commitments to local reflection of that community.
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6.
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The intervener also noted that CILK-FM operates in the same music format as Standard's station CKXR. It suggested that, if the proposed power increase for CILC-FM is approved, Silk FM should be subject to a condition of licence that it not solicit local advertising in the Salmon Arm region
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7.
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Standard further stated that it planned to apply to the Commission for approval to convert CKXR from the AM to the FM band. Standard was of the view that the Commission should consider the application by Silk FM at the same time as its future proposal.
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The applicant's replies
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8.
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In reply to Pattison, the applicant stated that, if the proposed increase were to be approved, the area to be served is centred on Magna Bay and the contours of the transmitter's signal would not enclose either Kamploops or Salmon Arm.
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9.
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In response to Standard, Silk FM stated that it would be impossible for a 50 watt signal to travel from the transmitter location in Magna Bay, through 26 kilometres of mountainous terrain, to become listenable in Salmon Arm.
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The Commission's analysis and conclusion
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The Commission notes that the southern edge of the 0.5 mV/m contour produced by the proposed change to CILC-FM's power would fall approximately 10 kilometres north of Salmon Arm. The Commission finds that, while the CILC-FM signal might be receivable in some locations near Salmon Arm, it would not be considered a reliable signal.
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11.
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The Commission also notes that the primary market for CILK-FM's signal is Kelowna, a market with a population of 143,900, and that the only community in the Salmon Arm region that would fall within the transmitter's proposed contour is Tappen, with a population of 6,700. The Commission is of the view that it would be unlikely that Tappen or Salmon Arm businesses would seek to advertise on CILK-FM, with its focus on serving Kelowna, and whose advertising rates would be significantly greater than those of CKXR Salmon Arm.
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12.
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With respect to the concerns expressed by Pattison related to the duplication of musical formats of radio stations in the Salmon Arm region, the Commission notes that it does not generally regulate the musical formats of radio stations.
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13.
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With respect to Standard's suggestion that the Commission consider the application by Silk FM at the same time as a possible request to convert CKXR to the FM band, the Commission notes that, even with a proposed power increase, CILC-FM would remain an unprotected low-power FM transmitter, and approval of the Silk FM request would not affect a future application by Standard.
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14.
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Accordingly, the Commission approves the application by Silk FM to increase the effective radiated power of its transmitter CILC-FM at Magna Bay, from 6.3 to 50 watts.
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15.
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The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
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The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, this authority will only be effective when the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.
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17.
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Given that the technical parameters approved in this decision are for a low-power unprotected FM service, the Commission also reminds the licensee that it will have to select another frequency if the Department so requires.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
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Date Modified: 2003-08-01