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ARCHIVED -  Broadcasting Decision CRTC 2003-147

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Broadcasting Decision CRTC 2003-147

Ottawa, 7 May 2003
Canadian Broadcasting Corporation
Victoria, British Columbia
Application 2002-0360-5
Broadcasting Public Notice CRTC 2002-67
1 November 2002

CBUF-FM Vancouver - New transmitter in Victoria

In this decision, the Commission approves an application by the CBC to operate a transmitter in Victoria at 99.7 MHz that will rebroadcast the French-language CBC radio network service La Première Chaîne.

The application

1.

The Commission received an application by the Canadian Broadcasting Corporation (CBC) to amend the broadcasting licence for the radio programming undertaking CBUF-FM Vancouver in order to operate a transmitter in Victoria to rebroadcast the programming of its national French-language radio network service La Première Chaîne, at 99.7 MHz (channel 259A) with an effective radiated power of 160 watts.

Intervention

2.

The Commission received an intervention opposing the CBC's proposal from OK Radio Group Ltd. (OK Radio) licensee of CKKQ-FM Victoria.

3.

OK Radio raised the concern that the transmitter proposed by the CBC could cause interference to the reception of CKKQ-FM in Victoria, due to the mountainous terrain throughout Greater Victoria. The intervener stated that it discussed the matter with the CBC, and that the CBC agreed to undertake tests to determine the extent of the possible interference. OK Radio further proposed that, if the technical concerns could not be resolved to OK Radio's satisfaction, the CBC should use an alternate frequency.

4.

In reply, the CBC submitted that its proposal was in full compliance with the requirements of the Department of Industry (the Department), and that the proposal has been granted technical acceptance by the Department. The CBC stated that the intervener's concerns are based on the Department's former technical requirements. Those requirements were amended in 2002, to allow 3rd adjacent FM stations to operate in the same community. The CBC further stated that alternate frequencies would not achieve the same quality of service as would the use of 99.7 MHz.

The Commission's analysis and determination

5.

The Department has advised the Commission that this application complies with its recently revised technical requirements, and that the Department has granted technical acceptance of the proposal. The Commission notes that, should the implementation of this proposal lead to significant interference to CKKQ-FM Victoria, the Department would require the CBC to take remedial action.

6.

For the reasons set out above, the Commission approves the application by the CBC to amend the licence of the radio programming undertaking CBUF-FM Vancouver to operate a transmitter in Victoria to rebroadcast the programming of its national French-language network service La Première Chaîne. The new transmitter will operate at 99.7 MHz (channel 259A) with an effective radiated power of 160 watts.

7.

The Department has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

8.

The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, this authority will only be effective when the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

9.

The transmitter must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 7 May 2005. In order to ensure that such a request is processed in a timely manner, it should be submitted in writing at least 60 days before this date.
Secretary General
This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2003-05-07