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ARCHIVED -  Decision CRTC 86-999

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Decision

Ottawa, 8 October 1986
Decision CRTC 86-999
North Superior Broadcasting Ltd.
Nipigon/Red Rock, Ontario - 851983700
At a Public Hearing in Hull on 17 June 1986, the Commission considered an application by North Superior Broadcasting Ltd. for a licence to carry on an English-language FM radio broadcasting undertaking at Nipigon/ Red Rock for the purpose of rebroadcasting the programs of CFNO-FM Marathon, Ontario. The application proposed the use of channel 279 (frequency 103.7 MHz), with an effective radiated power of 200 watts.
The Commission notes that Nipigon/ Red Rock already forms part of CFNO-FM's authorized coverage area. The applicant stated at the hearing however, that the present coverage of the Marathon station is inadequate. It therefore proposed to install a transmitter in the Nipigon/Red Rock area to improve the quality of service.
Two interveners, Leader Broadcasting Corporation Limited (Leader), licensee of CJLB Thunder Bay, and H.F. Dougall Company Limited (H.F. Dougall), licensee of CKDR and CJSD-FM Thunder Bay, appeared at the hearing in opposition to this application. Both interveners expressed the concern that the proposed undertaking would enable the applicant to compete for audience share and advertising revenues in the Thunder Bay market, thereby threatening the viability of their stations. H.F. Dougall submitted that this possibility would be increased if the applicant were to take full advantage of the full 100,000 watts of power available on 103.7 MHz.
Leader also stated that it had filed an application with the Commission for an FM transmitting undertaking at Nipigon/Red Rock to rebroadcast the programs of CJLB Thunder Bay, emphasizing that the Nipigon/Red Rock area had a closer association with Thunder Bay than with Marathon and would therefore be better served by a Thunder Bay broadcaster.
H.F. Dougall further noted that CFNO-FM, which is operated in the Group I music format and which as a "first service" FM station is not obliged to broadcast foreground and mosaic programming, would not add to the diversity of service in and around Thunder Bay.
CFNO-FM was originally licensed in 1981 to provide, "a desirable local service emphasizing issues and activities of interest to the residents of Marathon and the surrounding area" (Decision CRTC 81-337 dated 21 May 1981), an orientation which, in the Commission's view, continues to be valid. The Commission notes, however, that the present application proposes to make use of the region's last available Class C channel, which the applicant intends to operate at an effective radiated power of only 200 watts although the maximum permissible power for such a channel is 100,000 watts. In view of the under-utilization of the channel proposed by the applicant and the concerns expressed by the interveners, the Commission discussed with the applicant at the hearing the possibility of using a Class A frequency, which has a maximum power of 3000 watts, in place of the proposed Class C frequency. The applicant indicated that it would "definitely proceed on another channel if that were necessary".
Accordingly, the Commission approves the application by North Superior Broadcasting Ltd. for a licence expiring 30 September 1990, for an English-language FM radio broadcasting undertaking at Nipigon/Red Rock, to rebroadcast the programs of CFNOFM Marathon on a Class A frequency to be approved by the Department of Communications.
The applicant is required to report to the Commission, within three months of the date of this decision, on the availability of such a frequency and its plans for implementing this authority.
In accordance with paragraph 22(1)(b) of the Broadcasting Act, the Commission will issue a licence to the applicant only if it is in receipt of written notification from the Department of Communications, within twelve months of the date of this decision, that it will issue a Technical Construction and Operating Certificate. No licence will be issued if the Commission does not receive this notification within said period, or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said twelve months, deem appropriate under the circumstances.
It is a condition of this licence that construction of the station be completed and that it be in operation within twelve months of the date of receipt of written notification from the Department of Communications that it will issue a Technical Construction and Operating Certificate or such further period as the Commission may, upon receipt of a request for extension before the expiry of the said twelve months, deem appropriate under the circumstances.