ARCHIVED -  Decision CRTC 93-199

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Decision

Ottawa, 10 June 1993
Decision CRTC 93-199
New Brunswick Broadcasting Co. Limited
Saint John, New Brunswick - 920333200
Increase transmitter power
Following a Public Hearing in Moncton beginning on 17 February 1993, the Commission approves the application to amend the broadcasting licence for the radio programming undertaking CHSJ Saint John by increasing the daytime transmitter power from 10,000 watts to 25,000 watts and the nighttime transmitter power from 5,000 watts to 10,000 watts.
In Decision CRTC 90-994 dated 27 September 1990, the Commission denied an application by New Brunswick Broadcasting Co. Limited (NBB) for a daytime power increase from 10,000 watts to 50,000 watts, and a nighttime power increase from 5,000 watts to 10,000 watts. The Commission's denial was based on the potential financial harm to other radio stations in both Fredericton, New Brunswick and the Annapolis Valley region of Nova Scotia.
In the current application, NBB stated that the proposed power increase would improve the quality of CHSJ's signal in East Saint John and in areas to the east of Saint John, making CHSJ more competitive with other Saint John radio signals, while responding to the concerns set out in Decision CRTC 90-994. The Commission notes that the coverage pattern currently proposed has been modified from the previous proposal to reduce the signal strength towards the Fredericton area. Interventions in opposition to the current application were submitted by Radio Atlantic (CKCL) Ltd., licensee of CKCL and CKTO-FM Truro, Nova Scotia, and Annapolis Valley Radio Ltd., licensee of CFAB Windsor, CKAD Middleton, CKEN and CKWM-FM Kentville and CKDY and CKDY-1-FM Digby, Nova Scotia. Both interveners expressed concern that approval of this application would enhance the CHSJ signal received in the Annapolis Valley region, and that any resulting impact on their advertising sales could affect their general financial situation.
In its replies to the interveners, NBB stated that it does not intend to target its programming to the Annapolis Valley region and that declining revenues from Annapolis Valley advertisers have already led to a decrease in their sales activity in the area.
In approving this application, the Commission has carefully considered the views of the applicant and of the interveners. It notes that although the CHSJ signal is already receivable in a large portion of the Annapolis Valley, the applicant has for some time attracted only small audiences in this area. It also notes that the interveners provide vigorous competition in the region.
In approving this application the Commission has taken into particular account the licensee's commitment to refrain from soliciting advertising in Nova Scotia. The Commission expects the licensee to honour this commitment at all times. In this regard, the Commission reminds NBB that it considers any measures taken by a licensee with a view to establishing relations with new clients constitutes solicitation.
Approval of this application is subject to the requirement that the licensee implement the changes herein approved within twelve months of the date of this decision or, where the licensee applies to the Commission within this period and satisfies the Commission that it cannot implement the changes 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.
Allan J. Darling
Secretary General

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