ARCHIVED - Broadcasting Decision CRTC 2010-656

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Route reference: 2010-301

Ottawa, 2 September 2010

Byrnes Communications Inc.
Woodstock, Ontario

Application 2010-0769-1, received 4 May 2010

CIHR-FM Woodstock - Technical change

The Commission denies the application to change the authorized contours of the English-language commercial radio station CIHR-FM Woodstock.

The application

1.      The Commission received an application by Byrnes Communications Inc. to change the authorized contours of the English-language commercial radio programming undertaking CIHR-FM Woodstock by increasing the average effective radiated power (ERP) from 7,096 to 8,950 watts. All other technical parameters would remain unchanged. The Commission received interventions in support of this application.

2.      The licensee stated that it wished to increase the quality of the signal of the station to better serve the population of Woodstock. The population within the 3mV/m contour would increase from 63,425 to 65,300. The population within the 5mV/m contour would increase from 499,814 to 556,000.

Commission’s analysis and determinations

3.      Commission analysis has revealed that the licensee failed to comply with its conditions of licence relating to contributions to Canadian talent development (CTD) for the 2006, 2007, 2008 and 2009 broadcast years. The Commission notes that the licensee informed the Commission of its non-compliance in 2007 but that its annual returns have indicated shortfalls in its CTD contributions in each broadcast year since CIHR-FM began operations in 2006.

4.      The Commissions generally denies licence amendments requested by licensees that are in non-compliance with their regulatory requirements. The Commission does not consider that a departure from this practice is warranted in this case.

5.      Accordingly, the Commission denies the application by Byrnes Communications Inc. to change the authorized contours of the English-language commercial radio programming undertaking CIHR-FM Woodstock by increasing the average ERP from 7,096 to 8,950 watts.

Secretary General

*This decision is to be appended to the licence.

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