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ARCHIVED -  Decision CRTC 95-751

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Decision

Ottawa, 20 October 1995
Decision CRTC 95-751
Dan McArthur
Destruction Bay, Yukon Territory - 950116400
New low-power FM radio undertaking
Following a Public Hearing in Winnipeg beginning on 5 June 1995, the Commission approves the application for a broadcasting licence for an English-language FM radio programming undertaking at Destruction Bay (Alaska Highway, north of Destruction Bay), on the frequency 94.7 MHz, channel 234, with an effective radiated power of 3 watts, to broadcast information on weather and road conditions.
The Commission will issue a licence expiring 31 August 2002, subject to the conditions specified in this decision and in the licence to be issued.
In Public Notice CRTC 1993-95 dated 28 June 1993, entitled "A Licensing Policy for Low-Power Radio Broadcasting", the Commission stated that licensees of non-conventional low-power radio undertakings should be subject to a condition of licence that defines their programming in such a way as to ensure that they do not change their programming and begin to offer the same services as conventional licensees, without Commission approval.
Accordingly, it is a condition of licence that the programming broadcast by the licensee consist exclusively of information on weather and road conditions.
The Department of Industry has advised the Commission that the undertaking will operate on frequency 94.7 MHz rather than 105.5 MHz as had been indicated in CRTC Notice of Public Hearing 1995-6 dated 6 April 1995. The Canadian Broadcasting Corporation had indicated in an intervention that the proposed frequency of 105.5 MHz (channel 288) would interfere with CBDL-FM Destruction Bay.
The frequency approved by this decision is an unprotected frequency. Accordingly, the licensee would have to select another frequency for the operation of the station should optimum utilization of the broadcasting spectrum so require.
This approval is subject to the requirement that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision, or where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations before the expiry of this period and that an extension of time is in the public interest, within such further period of time as is approved in writing by the Commission.
Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the applicant, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.
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 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.
Allan J. Darling
Secretary General