ARCHIVED -  Decision CRTC 98-214

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Decision

Ottawa, 8 July 1998

Decision CRTC 98-214

Shaw Radio Ltd.

Vancouver and Whistler, British Columbia - 199703070

Licence amendment for CFOX-FM

1. Following Public Notice CRTC 1997-142 dated 3 December 1997, the Commission approves the application by Shaw Radio Ltd. (Shaw) to amend the broadcasting licence for the radio programming undertaking CFOX-FM Vancouver (the originating station), by authorizing the licensee to add a transmitter at Whistler, operating on frequency 92.3 MHz, channel 222LP, with an effective radiated power of 47 watts.

2. Interventions opposing the application were received including one from Rogers Broadcasting Limited (Rogers), licensee of a number of radio stations serving small communities in British Columbia, including Whistler. Rogers argued that approval of Shaw's application would have a negative impact on its advertising revenues at Whistler and would prevent it from implementing planned improvements to its service.

3. The Commission is satisfied with Shaw's response to the interventions. In particular, the Commission notes Shaw's statement that it will not solicit advertising from the Whistler-area market. The Commission expects the licensee to adhere to this commitment.

4. This authority will only be effective and the licence will only be amended at such time as construction of the transmitter is completed and it is prepared to commence operation. If the construction is not completed 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 complete construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be amended. The licensee is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

5. 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.

6. In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence amendment and the authority will only be granted 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.

7. The Commission acknowledges the intervention submitted in support of this application.

This decision iss to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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