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ARCHIVED -  Decision CRTC 95-515

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Decision

Ottawa, 9 August 1995
Decision CRTC 95-515
Radio Express Inc.
Valleyfield, Quebec - 950002600
Licence amendment for CKOD-FM
Following Public Notice CRTC 1995-68 dated 28 April 1995, the Commission approves the application to amend the broadcasting licence for CKOD-FM Valleyfield, by changing the frequency from 102.9 MHz (channel 275A) to 103.1 MHz (channel 276A) with an effective radiated power of 3,000 watts.
Radio Communautaire de la Rive Sud Inc., licensee of CHAA-FM Longueuil, filed an intervention opposing the application by Radio Express Inc. The intervener stated that it has been using the frequency requested by CKOD-FM for the past eight years, and that changing frequencies would cause a loss of revenue and listenership that could eventually result in the closure of CHAA-FM.
In response to this intervention and to the questions put to it by the Commission in its letter dated 23 June 1995, Radio Express Inc. argued that the channel now being used by CHAA-FM is not protected and that its own survival is threatened if the coverage problems due to its poor signal quality are not resolved as soon as possible. Radio Express Inc. also stated that CHAA-FM would incur minimal costs in obtaining approval to use a new frequency and promoting its new frequency to the public.
Having considered the arguments of Radio Communautaire de la Rive Sud Inc. and Radio Express Inc., the Commission is of the view that approval of the application is justified in this case. As a result, Radio Communautaire de la Rive Sud Inc. may no longer use the frequency 103.1 MHz. The Commission therefore expects it to submit to it, as well as to the Department of Industry, within 60 days of the date of this decision, a request to change frequency. The Commission also expects both parties to reach an agreement as to when the frequency change will occur and expects this change to occur within 12 months of the date of this decision. These measures are designed to ensure that the frequency change occur in a coordinated fashion and as quickly as possible.
The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence amendment, and the authority granted herein may only be implemented, at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
The Commission acknowledges the intervention submitted in support of this application.
Allan J. Darling
Secretary General