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Broadcasting Decision CRTC 2003-594
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Ottawa, 3 December 2003
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Multivan Broadcast Corporation, the general partner, and various limited partners, doing business under the name of Multivan Broadcast Limited Partnership
Vancouver and Victoria, British Columbia
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Application 2003-0272-9
Broadcasting Public Notice CRTC 2003-44
13 August 2003
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CHNM-TV Vancouver - New transmitter in Victoria
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1.
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The Commission received an application by Multivan Broadcast Corporation, the general partner, and its limited partners, doing business under the name of Multivan Broadcast Limited Partnership (Multivan) to amend the broadcasting licence for the television programming undertaking CHNM-TV Vancouver in order to operate a transmitter in Victoria.
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2.
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The applicant proposed to operate the new transmitter on channel 29B with an average effective radiated power of 3,300 watts. Multivan indicated that the new transmitter would enable viewers in Victoria to receive programming originating from CHNM-TV.
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Interventions
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3.
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The Commission received two interventions in regard to this application. One was submitted by Trinity Television Inc. (Trinity) and one by Global Television Network (Global).
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4.
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Trinity's intervention was in support of Multivan's amendment application, but expressed a concern that Multivan could be using the last remaining channel in Victoria. In response, Multivan stated that it was the intervener's responsibility to determine that issue to its own satisfaction.
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5.
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The intervention submitted by Global expressed concern that the English-language, non-ethnic programming to be offered by Multivan would contribute to increased viewing fragmentation in the Victoria market. Global did not oppose the proposed amendment, but suggested that a condition of licence be imposed on Multivan, prohibiting the solicitation and acceptance of local and regional advertising in the Victoria/Nanaimo markets.
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6.
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In response to Global's intervention, Multivan reaffirmed its commitment not to solicit local advertising in the Victoria or Nanaimo markets.
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The Commission's analysis and determination
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7.
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With respect to the concern expressed by an intervener that the channel requested for use by Multivan could be the last channel available for use in Victoria, the Commission is satisfied that there are a number of other viable television channels available for use in Victoria.
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8.
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With respect to the expressed concern for fragmentation of the Victoria and Nanaimo markets, the Commission notes the applicant's commitment that it will not solicit local advertising in those markets, and expects that Multivan will fulfil that commitment. The Commission further expects Multivan to include one or more Victoria representatives on its thirteen-member advisory board.
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9.
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Given the applicant's commitment to not solicit local advertising in Victoria and Nanaimo, the Commission is satisfied that the proposed amendment will not have a negative impact upon existing broadcasters in those markets. The Commission further notes that, in New multilingual ethnic television station to serve Vancouver, Decision CRTC 2002-39, 14 February 2003, Multivan's commitment to add a transmitter to serve Victoria was noted, and the Commission encouraged the applicant to apply for authority to do so as soon as possible.
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10.
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The Commission therefore approves the application by Multivan to amend the broadcasting licence for the television programming undertaking CHNM-TV Vancouver in order to operate a transmitter in Victoria. The new transmitter will operate on channel 29B with an average effective radiated power of 3,300 watts.
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11.
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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 of Industry notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.
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12.
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The transmitter must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 3 December 2005. In order to ensure that such a request is processed in a timely manner, it should be submitted in writing 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 also be examined at the following Internet site: www.crtc.gc.ca
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