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Broadcasting Decision CRTC 2003-515
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Ottawa, 21 October 2003
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Yves Sauvé, on behalf of a company to be incorporated
Lévis (formerly Saint-Nicolas), Quebec
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Application 2003-0264-6
Broadcasting Public Notice CRTC 2003-34
8 July 2003
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Deadline to commence operations
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1.
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The Commission received an application by Yves Sauvé, on behalf of a company to be incorporated (OBCI), for an extension of the time limit to commence the operation of the AM radio programming undertaking at Lévis (formerly Saint-Nicolas), authorized in New AM radio station at Saint-Nicholas, Decision CRTC 2000-417, 27 October 2000.
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2.
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This is the third application filed by the applicant for an extension of the time limit to commence the operation of this undertaking.
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Interventions
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3.
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The Commission received one intervention in support of and three interventions opposed to this application.
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4.
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The first opposing intervention was filed by Jean-Pierre Martel, one of the two proposed shareholders of the OBCI as proposed in the initial application for a licence, which indicated that Mr. Martel would hold 45 percent of voting shares. Mr. Martel stated that, following a dispute between the shareholders, he had withdrawn from the project. It was his contention that Mr. Sauvé does not have the financial resources or community support needed to commence the operation of the new radio station. Mr. Martel urged the Commission to allow him to take over the project.
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5.
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The two other opposing interventions were filed by Communications Michel Mathieu and Communications Médialex inc. Both interveners submitted that Mr. Sauvé has no agreement in place allowing him to use the intended transmitter site, which has been put up for sale by its owner, the Canadian Broadcasting Corporation (CBC). Given that the project has still not commenced operation after three years, the interveners argued that the Commission should deny this application and call for new applications. Communications Médialex inc. stated that it was prepared to file such an application.
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The applicant's reply
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6.
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In reply to the three opposing interventions, Mr. Sauvé submitted that the extensions of the deadline to commence the operation of his project were caused by technical problems beyond his control. The applicant stated that, in accordance with Canada-U.S. agreements on broadcasting frequencies, his proposal was submitted by the Department of Industry (the Department) to the Federal Communications Commission (the FCC), the U.S. regulatory agency that governs broadcasting. The FCC concluded that the use of the proposed frequency by the applicant would interfere with three U.S. radio stations. The applicant added that, in December 2002, its consulting engineer made changes to the undertaking's Engineering Brief to solve the problem, which were approved by the Department and submitted to the FCC for its approval. With respect to the transmitter site, the applicant also confirmed to the Commission that negotiations with the CBC were ongoing.
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The Commission's decision
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7.
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The Commission is of the view that the applicant has satisfactorily addressed the main issues raised by the interveners.
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8.
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Accordingly, the Commission approves the application filed by the applicant for an extension of the time limit to commence the operation of the AM radio undertaking at Lévis. For administrative purposes, the Commission considers it appropriate to grant an extension of 18 months rather than the six months requested by the applicant. However, within six months of the date of this decision, the Commission requires the applicant to submit a progress report updating the situation and the actions it has taken to commence the operation of the new radio station as quickly as possible.
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9.
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Furthermore, the licence for this undertaking will be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 29 October 2004, unless a request for an extension of time is approved by the Commission before that date. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.
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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 be examined at the following Internet site: www.crtc.gc.ca
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Date Modified: 2003-10-21