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ARCHIVED - Broadcasting Decision CRTC 2004-519

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Broadcasting Decision CRTC 2004-519

  Ottawa, 26 November 2004
  3077457 Nova Scotia Limited
Moncton, New Brunswick
  Application 2003-1144-9
Public Hearing at Halifax, Nova Scotia
1 March 2004
 

Low-power tourist information service in Moncton

  The Commission approves in part the application by 3077457 Nova Scotia Limited for authority to operate a low-power tourist information service in Moncton. The licensee must submit for approval an application proposing the use of a suitable frequency other than 90.7 MHz (channel 214LP).
 

The application

1. The Commission received an application by 3077457 Nova Scotia Limited (3077457 Nova Scotia) for a broadcasting licence to operate a low-power English-language FM radio programming undertaking to provide a tourist information service in Moncton, New Brunswick.
2. 3077457 Nova Scotia is directly owned by Jack McGaw (50%) and indirectly by Robert Stapells (50%) through 3079118 Nova Scotia Limited.
3. The proposed station would broadcast pre-recorded messages informing tourists of weather and highway conditions as well as attractions and services in the Moncton area. The applicant proposed to operate the station at 90.7 MHz (channel 214LP) with an effective radiated power of 19.5 watts.
 

Interventions

4. The Commission received six interventions in support of this application and one intervention in opposition from Maritime Broadcasting System Limited (MBS), licensee of CKCW-FM Moncton. It also received an intervention from CHUM Limited that provided general comments relating to all the applications that were part of the 1 March 2004 public hearing.
5. In its intervention, MBS opposed the introduction of any new English-language commercial FM station in Moncton at this time. The intervener submitted that the potential for growth in the Moncton market has weakened and that the market has not yet absorbed the impact of the two English-language commercial FM stations that were licensed in Two new English-language FM radio stations in Moncton, Decision CRTC 2000-360, 24 August 2000. MBS further submitted that Moncton audiences are content with the stations that are currently available in the market and have not shown sufficient demand to support the licensing of a new English-language FM station.
 

The Commission's analysis and determination

6. The Commission notes that the MBS intervention opposed the licensing of a new English-language commercial FM station in Moncton because of the impact a new station could have on existing FM stations in that market. Given that the application by 3077457 Nova Scotia is for a low-power tourist information service that, by condition of licence, will only provide pre-recorded messages informing tourists of weather and highway conditions as well as attractions and services in the Moncton area, the Commission is of the view that the proposed station would not have a significant undue financial impact on existing conventional FM stations that are targeted to a mainstream audience.
7. The Commission does, however, consider that the technical parameters proposed by the applicant for a low-power unprotected programming undertaking constitute an underutilization of the 90.7 MHz frequency's potential. The Commission notes that Radio Beauséjour Inc. has proposed to use the same frequency to establish a high-power Class B FM station in Moncton.
8. Based on its examination of the record, the Commission approves in part the application by 3077457 Nova Scotia Limited for a broadcasting licence to operate a low-power English-language FM radio programming undertaking to provide a tourist information service in Moncton.
9. As noted above, the frequency 90.7 MHz, proposed for use by 3077457 Nova Scotia, is the same as that proposed by Radio Beauséjour Inc., to provide a French-language FM Type B community radio programming undertaking in Moncton. The applicant stated that it would, if necessary, be willing to find another frequency if its application for a new tourist information service were approved. In Community radio station in Moncton, Broadcasting Decision CRTC 2004-518, also dated today, the Commission has approved Radio Beauséjour Inc.'s application to use 90.7 MHz. Accordingly, the use of 90.7 MHz by 3077457 Nova Scotia is denied.
10. The licence will expire 31 August 2011 and will be subject to the conditions set out in the appendix to this decision.
 

Issuance of the licence

11. The Commission will only issue the licence, and it will only be effective at such time as:
 
  • The applicant submits, within three months of the date of this decision, an amendment to its application proposing the use of an FM frequency and technical parameters that are acceptable to both the Commission and the Department of Industry (the Department). This amended application will form part of a public process; and
 
  • The applicant 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 26 November 2006. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
  Secretary General
  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 
 

Appendix to Broadcasting Decision CRTC 2004-519

 

Conditions of licence

 

1. The licensee shall use the station solely for the purpose of providing pre-recorded messages informing tourists of weather and highway conditions as well as attractions and services in the Moncton area.

 

2. The licensee shall not broadcast more than six minutes of advertising material per clock hour.
 

3. The licensee shall not broadcast musical selections, except as incidental background music.

Date Modified: 2004-11-26

Date modified: