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ARCHIVED -  Decision CRTC 89-611

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Decision

Ottawa, 29 August 1989
Decision CRTC 89-611
CKNX Broadcasting Limited
Centreville, Ontario - 882550700
Following a Public Hearing in Toronto on 13 March 1989, the Commission approves the application for a licence for a low-power English-language FM radio broadcasting transmitting undertaking at Centreville on the frequency 104.9 MHz, channel 285, with an average effective radiated power of 5 watts to rebroadcast the programs of CKNX-FM Wingham, Ontario.
The Commission will issue a licence expiring 31 August 1991, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence at the same time as that of CKNX-FM, the originating station.
CKNX Broadcasting Limited (CKNX) has indicated as part of its application that the signal of CKNX-FM is not adequately received in the Town of Meaford, which is within its currently authorized service area, and that the approval of this application would provide for improved service to listeners in the area.
The Commission notes that Decision CRTC 87-859 dated 26 October 1987 denied a previous application by the licensee for a similar FM rebroadcasting undertaking on the grounds that approval would result in an extension of CKNX-FM's service area beyond Meaford and towards Thornbury. In that decision, the Commission suggested that CKNX should explore other methods of increasing its signal strength in Meaford. Unlike the previous application which proposed a Class A channel with a maximum power of 500 watts, the current proposal has a maximum power of only 33 watts and the 500 uV/m contour would not include Thornbury or any other town except Meaford. Moreover, should the applicant wish to increase its power, it would require a further application and Commission approval.
In approving the current application, the Commission has taken into consideration an intervention received from Bayshore Broadcasting Corporation, licensee of CFOS and CIXK-FM Owen Sound, opposing the proposed rebroadcaster on the grounds that there is no community of interest between Meaford and Wingham, that there are no significant benefits or proposed programming specific to Meaford, that CKNX is not currently licensed to serve the Meaford area and that the repeater would cause undue hardship to existing broadcasters in the area.
The Commission also acknowledges the interventions received from residents of Meaford, the Town of Meaford and the Georgian Triangle Tourist Association and Convention Bureau expressing their concerns about community of interest with Wingham or the impact of the proposed rebroadcaster on other stations. The Commission has taken into consideration the fact that, although the Town of Meaford is within the official 500 uV/m contour and, therefore, is considered part of the licensee's currently authorized coverage area, the shielding effect of the escarpment reduces the actual signal to a poor quality, considerably below the 500 uV/m level. The Commission also notes the licensee's reply to the interventions with respect to its coverage of news and events of interest to listeners in Meaford. Moreover, based on the relatively small size of the Meaford market as compared to the size of the total market served by the Owen Sound stations, the Commission is satisfied that the proposed rebroadcaster will not have a negative impact upon the viability of either CFOS or CIXK-FM.
The Department of Communications (DOC) has advised the Commission that this proposal is technically acceptable, but that issuance of a Technical Construction and Operating Certificate (TCOC) is conditional on the resolution of any problems involving interference with aeronautical NAV/ COM services.
In accordance with paragraph 13(1)(b) of the Broadcasting Act, the Commission will only issue the licence, and the authority granted herein may only be implemented, atsuch time as written notification is received from the DOC that it will issue a TCOC.
It is a condition of licence that the authority granted herein be implemented within twelve months of the date of receipt of written notification from the DOC that it will issue a TCOC or, where the applicant applies to the Commission and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
Fernand Bélisle
Secretary General