ARCHIVED -  Decision CRTC 98-231

Decision

Ottawa, 29 July 1998

Decision CRTC 98-231

Niagara Television Limited

London/Alvinston, Ontario - 199716635

Denied - Change in channel for the distribution of CHCH-TV-2 and decrease in effective radiated power

1.  Following Public Notice CRTC 1998-28 dated 26 March 1998, the Commission denies the application by Niagara Television Limited (Niagara) to amend the broadcasting licence for CHCH-TV Hamilton by changing the authorized channel for its transmitter CHCH-TV-2 London/Alvinston from 51 to 12 and by decreasing the effective radiated power from 715,000 watts to 80,600 watts.

2.  In Decision CRTC 96-544 dated 28 August 1996, the Commission approved Niagara's application to add rebroadcasting transmitters of CHCH-TV in seven Ontario communities, including London/Alvinston. For the London/Alvinston transmitter, the Commission authorized an effective radiated power of 715,000 watts and UHF television channel 51. Niagara has not yet implemented the authority granted it in 1996 to operate the transmitter at London/Alvinston.

3.  In support of its current application, Niagara stated that placement of CHCH-TV-2 on the VHF channel 12 would make it easier for viewers to find this service off-air on the television dial. Niagara claimed that the proposed change would lower its operating costs and would not cause any undue inconvenience to cable companies and their subscribers.

4.  While noting the applicant's arguments, the Commission reiterates that the primary objective of a transmitter is to provide good off-air service to its major markets. In this respect, the Commission notes that according to the applicant's own population estimates contained in the present application, CHCH-TV-2 carried on VHF channel 12 contemplates Grade A service to only 74,000 persons resident outside the city of London. However, in its original application for the London/Alvinston transmitter, Niagara estimated that UHF channel 51 would provide Grade A or "city grade" service to 431,000 persons. Carried on UHF channel 51, CHCH-TV-2 will offer the City of London a Grade A service, one that is appropriate for a city of its size, in contrast to the VHF channel 12 proposal that would offer only Grade B service to London.

5.  Moreover, unlike the authorized UHF channel 51, the proposed VHF channel 12 would be subject to significant co-channel interference within the predicted Grade B contour. Such interference would have affected over the air reception in several communities, including Sarnia to the west and the eastern communities of Port Stanley, Hartsville, Thorndale and surrounding areas. The Commission also notes that implementation of the authorized UHF channel 51 will still entitle CHCH-TV-2 to priority carriage on London area cable systems without causing any technical impairments on the cable head ends or severely disrupting existing channel line-ups.

6.  Baton Broadcasting Inc. (Baton), licensee of CKCO-TV Kitchener, and three cable licensees, namely AGI Cablevision Inc. (AGI), Ausable Cablecom Inc. (Ausable) and Rogers Cablesystems Limited (Rogers) submitted interventions opposing this application.

7.  Noting that CKCO-TV is currently available on channel 12 on London cable systems, Baton expressed concern that approval of Niagara's application would necessitate a channel relocation for CKCO-TV to the detriment of the station and its audience.

8.  Both AGI and Ausable carry TVOntario (TVO) on channel 12 of their respective cable systems. AGI, licensee of 13 cable distribution undertakings serving small communities in southern Ontario, argued that approval of the proposed amendment would require costly channel realignments on five of its cable systems. It also claimed that approval of the proposed amendment would result in severe co-channel interference at its primary head end facility in Aylmer as well as at six other head ends that service seven cable systems in small communities. For its part, Ausable stated that it does not have unused channels or spare cable capacity to allow it to relocate signals. Both AGI and Ausable contended that they do not have the financial resources necessary to make the changes that would be needed to accommodate Niagara's proposed distribution of CHCH-TV-2 on channel 12.

9.  While it acknowledges that it had suggested VHF channel 12 to Niagara, Rogers argued that its recommendation was based on the understanding that the effective radiated power would be low enough to prevent channel impairment within its cable systems. Rogers estimated that, if approved, Niagara's proposed amendment would cause channel impairment for over 150,000 of its own subscribers as well as for some 2,000 subscribers on neighbouring cable systems operated by AGI and Ausable.

10.  In response, Niagara stated that a reduction in power as proposed by Rogers would negatively impact on the applicant's ability to serve its licensed coverage area.

11.  The Commission agrees with the applicant that CHCH-TV -2, as a licensed Canadian off-air service, would have priority carriage status in accordance with the Broadcasting Distribution Regulations, but has noted the concerns expressed by the interveners regarding the significant negative impact that approval of this application would have on their operations. In summary, the Commission considers that the original authorization of UHF channel 51 will provide better service to London. Consequently, the Commission has denied this application.

12.  The Commission notes that Niagara originally applied for and received approval in Decision CRTC 96-544 for a total of five UHF channels, including the London/Alvinston location. All of these locations, with the exception of London/Alvinston, have been successfully implemented. The Commission therefore expects Niagara to implement, without delay, operation of the London/Alvinston transmitter using the previously authorized UHF channel 51 and an effective radiated power of 715,000 watts.

Laura M. Talbot-Allan
Secretary General

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