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Broadcasting Decision CRTC 2003-7
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Ottawa, 8 January 2003
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Atlantic Broadcasters Limited
Antigonish, Nova Scotia
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Application 2002-0219-3
Public Hearing in the National Capital Region
12 August 2002
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CJFX Antigonish - Conversion to FM band
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The Commission approves the application to operate a new English-language FM radio station in Antigonish to replace its AM station CJFX.
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The application
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1.
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The Commission received an application by Atlantic Broadcasters Limited for a broadcasting licence to operate a new English-language FM radio programming undertaking in Antigonish to replace its AM station CJFX.
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2.
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The applicant is currently authorized to operate CJFX-FM Antigonish, an FM transmitter of CJFX, at 98.9 MHz (channel 255B) with an effective radiated power of 2,750 watts. It proposed to operate this FM transmitter as an originating station.
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Intervention
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3.
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The Canadian Broadcasting Corporation (CBC) filed an intervention opposing this application because the applicant's technical parameters for the use of channel 255 would be in direct conflict with the same channel proposed by the Corporation in its Long Range Radio Plan (LRRP) for a future La Première Chaîne service in St. Edward, Prince Edward Island. The intervener stated that the potential interference would be avoided if the applicant agreed to operate the proposed originating station with the equivalent technical parameters for a class B FM channel.
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The applicant's reply
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4.
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The applicant acknowledged that channel 255A has been identified by the CBC in its LRRP for use in St. Edward. The applicant also stated that other FM channels are available in St. Edward and proposed eight alternative FM channels that could be used by the CBC in that community instead of channel 255A.
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The Commission's analysis and determination
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5.
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The Commission has considered all relevant information and arguments presented by both the applicant and the intervener. While the Commission recognizes the importance of the CBC's LRRP, both parties understand that the frequencies identified in the plan are not reserved for the exclusive use of the CBC in all cases. Where a private broadcaster presents a compelling case for a channel listed in the CBC's plan and is able to demonstrate that a viable alternative is clearly available to the CBC, the Commission has been disposed to give favourable consideration to an application by the private broadcaster.
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6.
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In the present case, the applicant has presented a convincing argument that other channels are available for use in the St. Edward area. The Commission agrees with the applicant that one of these available channels would be a suitable alternative for the CBC to use for its future La Première Chaîne service in St. Edward. Accordingly, the Commission approves the application by Atlantic Broadcasters Limited for a broadcasting licence to operate a new English-language FM radio programming undertaking in Antigonish to replace its AM station CJFX.
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7.
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The new FM station will operate at 98.9 MHz (channel 255C1) with an effective radiated power of 75,390 watts rather than at channel 255B and with an effective radiated power of 75,000 watts as had been indicated in Broadcasting Notice of Public Hearing CRTC 2002-7, 6 June 2002.
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Issuance of the licence
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8.
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The licence will expire 31 August 2009 and will be subject to the conditions of licence set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999. It will also be subject to the following condition:
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The licensee is authorized, by condition of licence, to simulcast the programming of the new FM station on CJFX for a transition period of three months following the commencement of operations of the FM station.
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9.
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The Commission reminds the licensee that it must surrender the AM licence for revocation by the Commission at the end of the three-month period noted above.
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10.
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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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11.
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The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department 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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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 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 8 January 2005. 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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Employment equity
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13.
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In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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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: 2003-01-08