ARCHIVED - Broadcasting Decision CRTC 2012-127
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Route reference: 2011-767
Ottawa, 2 March 2012
Neeti P. Ray, on behalf of a corporation to be incorporated
Application 2008-1603-5, received 1 December 2008
Use of frequency 102.3 MHz by the new ethnic FM radio station in Windsor
1. The Commission approves the application by Neeti P. Ray, on behalf of a corporation to be incorporated, to operate its new ethnic FM radio programming undertaking in Windsor, Ontario at 102.3 MHz (channel 272A) with an average effective radiated power (ERP) of 1,900 watts (maximum ERP of 5,000 watts) and with an effective height of antenna above average terrain of 55.5 metres. The Commission did not receive any interventions in connection with this application.
2. The applicant filed this application further to the Commission’s direction in Broadcasting Decision 2008-101. In that decision, the Commission stated that it would only issue a licence for the new station provided that the applicant submitted, within 90 days of the date of the decision, an amendment to its application proposing the use of another FM frequency and technical parameters that are acceptable to both the Commission and the Department of Industry (the Department). The Commission subsequently granted the applicant two extensions of time to submit the amendment.
3. In Broadcasting Decision 2008-102, the Commission approved the application submitted by the Canadian Broadcasting Corporation (CBC) to amend the broadcasting licence for CBE Windsor by adding a nested FM rebroadcasting transmitter in Windsor on frequency 102.3 MHz. In Broadcasting Decision 2009-349, the Commission approved the application by the CBC to convert CBE Windsor to the FM band. In light of this conversion, the nested transmitter was never implemented and the 102.3 MHz frequency became available in September 2011.
4. The Department has advised the Commission that, while the present 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.
5. The Commission reminds the applicant that pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.
6. The Commission also reminds the applicant that it will only issue the licence, and the licence will only be effective once the applicant has satisfied the Commission, with supporting documentation, that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects, and that the applicant has informed the Commission in writing that it is prepared to commence operations.
7. The undertaking 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 2 March 2014. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.
CBE Windsor – Conversion to FM band and new transmitter in Leamington, Broadcasting Decision CRTC 2009-349, 16 June 2009
CBE and CBEF Windsor – New transmitters at Windsor, Broadcasting Decision CRTC 2008-102, 9 May 2008
Licensing of new radio stations to serve Windsor, Ontario, Broadcasting Decision CRTC 2008-101, 9 May 2008
*This decision is to be appended to the licence.
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