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ARCHIVED - Broadcasting Decision CRTC 2004-524

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Broadcasting Decision CRTC 2004-524

  Ottawa, 26 November 2004
  3077457 Nova Scotia Limited
Fredericton, New Brunswick
  Application 2003-1137-4
Public Hearing at Halifax, Nova Scotia
1 March 2004
 

Low-power tourist information service in Fredericton

  The Commission approves in part the application by 3077457 Nova Scotia Limited for authority to operate a low-power tourist information service in Fredericton. The licensee must submit for approval an application proposing the use of a suitable frequency other than 93.1 MHz (channel 226LP).
 

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 Fredericton, 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 Fredericton area. The applicant proposed to operate the station at 93.1 MHz (channel 226LP) with an effective radiated power of 50 watts.
 

Interventions

4. The Commission received two interventions in support of this application and one intervention in opposition from Maritime Broadcasting System Limited (MBS). 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 argued that the proposed low-power station would not make the best use of the frequency, given that 93.1 MHz can be used to carry a high-power, commercial FM station such as the country music station the intervener has proposed. MBS further submitted that while the applicant has not provided evidence to show a demand for its proposed tourist information service, MBS' research has shown that there is "considerable demand" for a new country music station in the Fredericton market.
 

The Commission's analysis and determination

6. The Commission agrees with the intervener and considers that the technical parameters proposed by the applicant for a low-power unprotected undertaking constitute an underutilization of the 93.1 MHz frequency's potential.
7. 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 Fredericton. The applicant's proposed use of 93.1 MHz (channel 226LP) is denied.
8. In making its determination, the Commission has taken into consideration the applicant's statement that it would be prepared to use an alternative frequency.
9. 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

10. 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 2004-524

 

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 Fredericton 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: