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Broadcasting Decision CRTC 2003-498
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Ottawa, 7 October 2003
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Houssen Broadcasting Ltd.
Moncton, New Brunswick
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Application 2002-0745-8
Broadcasting Public Notice CRTC 2003-12
7 March 2003
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CKOE-FM Moncton - Licence amendment
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The Commission denies the application by Houssen Broadcasting Ltd. requesting that the Commission amend the broadcasting licence for CKOE-FM Moncton by changing the station's frequency. The related request contained in the application, that being for authority to change the authorized contours of the station by increasing the effective radiated power and by relocating the transmitter, is likewise denied.
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The application
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1.
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The Commission received an application by Houssen Broadcasting Ltd. (Houssen) requesting that the broadcasting licence for the low-power radio programming undertaking CKOE-FM Moncton be amended by changing the frequency. The applicant proposed that the frequency be changed from 100.9 MHz (channel 265LP) to 107.3 MHz (channel 297A). The applicant also requested authority to change the station's authorized contours by increasing the effective radiated power from 50 watts to 2,800 watts and by relocating the transmitter approximately 1 kilometre northeast of its present site.
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2.
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CKOE-FM is a low-power radio station that provides a Christian music service designed to appeal primarily to youth. The Commission authorized the operation of the station in New low-power Christian music FM station in Moncton, Decision CRTC 2000-358, 24 August 2000.
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3.
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Houssen stated that the purpose of the proposed technical changes was to improve the quality of CKOE-FM's signal in the greater Moncton area. The applicant also wished to extend CKOE-FM's signal in order to reach the tourist areas of Shediac and the Bay of Fundy, New Brunswick.
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The interventions
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4.
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The Commission received 50 interventions in connection with this application. Forty-nine interveners supported the proposed changes and one intervener opposed them.
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5.
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The interveners who supported the application indicated that they enjoyed the Christian music format offered by CKOE-FM.
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6.
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Maritime Broadcasting System Limited (Maritime) opposed the application. Maritime is the licensee of English-language commercial radio stations CFQM-FM and CKCW-FM Moncton. It also holds a 49% interest in CHOY-FM, a French-language commercial radio station in Moncton.
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7.
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Maritime alleged that Houssen has not abided by the commitments made in its original application for a broadcasting licence that its proposed station would be a small, low-power operation that would not broadcast commercial messages. The intervener noted that, within one year of the date on which CKOE-FM commenced operations, Houssen filed an application for a licence amendment that would permit it to broadcast commercial messages on the station. The Commission approved that proposal in Application to broadcast commercial messages on CKOE-FM, Broadcasting Decision CRTC 2002-195, 17 July 2002. Maritime noted that, less than one year following that decision, Houssen filed the present application for a licence amendment to change the station's frequency and for authority to change the station's authorized contours. Maritime interpreted Houssen's actions as evidence that the applicant's intention from the beginning of the licensing process had been to obtain a broadcasting licence to operate a high-power commercial radio station.
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Applicant's reply
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8.
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In response to Maritime, Houssen stated that its previous request for permission to broadcast commercial messages and its present application for changes to the station's technical parameters simply represent good management, not attempts to undermine the integrity of the licensing process.
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Commission's analysis and determination
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9.
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In its evaluation of the application, the Commission has considered the views of the applicant and of the interveners.
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10.
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The Commission notes that CKOE-FM is currently licensed as a low-power unprotected FM service and that approval of the present application would change its operating class to that of a high-power service that has protected status under the Department of Industry's rules. The Commission expects that, when a licensee of a low-power radio station files an application to change its operating class to that of a higher-powered, protected station, it should present compelling evidence that its authorized technical parameters are not adequate to provide the service as it was originally proposed.
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11.
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Based on its analysis, the Commission finds that CKOE-FM's current authorized technical parameters are adequate and commensurate with those of the low-power service that Houssen originally proposed. In the Commission's view, the applicant has not presented compelling evidence of either an economic or technical need for the proposed changes to the CKOE-FM signal.
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12.
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Accordingly, the Commission denies the application by Houssen Broadcasting Ltd. requesting that the Commission amend the broadcasting licence for CKOE-FM Moncton by changing the station's frequency. The related request contained in the application, that being for authority to change the authorized contours of the station by increasing the effective radiated power and by relocating the transmitter, is likewise denied.
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Secretary General
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This decision 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: 2003-10-07