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Decision
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Ottawa, 30 May 1989
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Decision CRTC 89-294
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Canadian Broadcasting Corporation
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Burns Lake, Fort Fraser, Fort St. James, Granisle, Houston, Moricetown, Smithers, Vanderhoof, British Columbia - 882866700 - 882867500 - 882868300 - 882869100 - 882870900 - 882871700 - 882873300 - 882874100 - 882872500
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At a Public Hearing in Vancouver on 20 February 1989, the Commission considered applications by the Canadian Broadcasting Corporation to amend the broadcasting licences for the radio rebroadcasting undertakings serving the above-noted locations by changing the program source from programs received partly from CFPR Prince Rupert and from CBU (AM) Vancouver, to programs received partly from CBYG-FM Prince George (AM Network) and from CBU Vancouver.
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In Decision CRTC 88-486 dated 2 August 1988, the Commission approved the CBC's application submitted under the British Columbia Radio Improvement Plan (BCRIP) to amend the broadcasting licence for CBYG-FM Prince George by changing the program source from CBU Vancouver exclusively, to programs received partly from studios in Prince George and from CBU Vancouver.
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On the same date, however, in Decision CRTC 88-485, the Commission denied a related application by the CBC that would have made CFPR Prince Rupert and 23 of its rebroadcasting stations, including those located at the eight locations that are the subject of this decision, full-time rebroadcasters of CBYG-FM Prince George. The Commission did, however, permit the CBC to reduce the scope of CFPR's operations to a "store-front" station.
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Subsequently, at a meeting with Commission staff, representatives of the CBC put forward a proposal whereby the rebroadcasting transmitters of CFPR located at New Hazelton and to the west of that community would continue to be fed by the Prince Rupert station, while CBYG-FM Prince George would become the program source for the rebroadcasting transmitters located at Moricetown and to the east.
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At that meeting, the licensee was advised that it should file a formal application requesting authority to implement this proposal. This advice was reiterated by the Commission in a letter to the CBC dated 6 October 1988. Applications were subsequently filed with the Commission in October and duly announced in Public Notice CRTC 1988-201 dated 8 December 1988; a deadline of 12 January 1989 was established for interventions.
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At the hearing, the CBC confirmed the fact that it had changed the program source for the various rebroadcasting stations concerned on 24 November 1988. The CBC argued that it "...had every reason to believe that authorization of our proposed distribution pattern would be imminently forthcoming and we proceeded on the basis of that assumption."
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The CBC explained that, before implementation of the BCRIP, a microwave link had been used to deliver the signal of CFPR Prince Rupert to Prince George. The signal was rebroadcast on CBYG-FM and relayed west again, from transmitter to transmitter along the chain, as far as Smithers and Moricetown. Thus, according to the licensee, once the Prince George station ceased to be a rebroadcaster of CFPR Prince Rupert, the CBC's ability to deliver the CFPR signal along the chain to Smithers and Moricetown disappeared.
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The CBC stated that there would have been disruption for listeners and station staff, and considerable additional expense, had there been any delay in implementing the change in program source. The licensee also advised that there would be operating costs of approximately $25,000 per year if the distribution system were to be altered yet again to break the rebroadcasting chain at Smithers, so that it and Moricetown could receive the Prince Rupert feed.
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Three interventions were submitted in response to the applications. Mr. Don McKinnon of Prince George commented on programming matters relating to the operation of CBYG-FM Prince George. The Commission notes the licensee's reply to this intervention.
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In a second intervention, Mr. Jim Fulton, M.P. for Skeena, claimed that Smithers and Moricetown are economically and culturally tied to Prince Rupert, and should thus continue to receive the programming of CFPR. This intervener also stated that the CBC had changed the program source for the rebroadcasters in question prior to advising the public and before receiving Commission approval.
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Cariboo Central Interior Radio Network Inc. (Cariboo), licensee of radio stations serving Prince George and a number of other communities in the Cariboo District, also intervened against the applications on the grounds that the CBC had implemented the changes on 24 November 1988, without Commission approval. Cariboo argued further that the public had not been adequately advised of the applications in that no notice was given, other than an announcement placed in a local newspaper by the Commission on 15 December 1988. Cariboo maintained, moreover, that the CBC had failed to place copies of the applications on display, at least at some of the local post offices, until after 21 December, allowing the public insufficient time to consider and respond to the CBC's proposals prior to the intervention deadline of 12 January 1989.
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As noted earlier, Smithers and Moricetown are the westernmost communities to be served by CBYG-FM under these applications. In response to questions regarding the suitability of Prince George as the program source for these communities, the CBC noted that they are approximately halfway between Prince Rupert and Prince George, and at the point where the economic interests of the coast give way to those of the Central Interior. The CBC also stated that its representatives had been advised by "prominent members" of the community that Smithers/Moricetown residents would prefer to receive Prince George programming.
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In its reply to the Cariboo intervention, the CBC also noted the following:
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[Cariboo believes] that it makes sense from both a service and a business point of view to provide listeners as far west as the Hazeltons with programming provided by [its own] network based in Prince George... it is equally sensible for the Corporation to organize itself in a similar way.
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As for Cariboo's concerns regarding the availability of the applications for public examination, the CBC replied that copies of the applications had been on display within all of the locations concerned since mid-December 1988.
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The Commission notes that the only difference between the programming provided by CBYG-FM Prince George and that provided by CFPR Prince Rupert occurs between 6:00 a.m. and 9:00 a.m., Monday through Friday, when each station broadcasts its own "Daybreak Show." It further notes the CBC's argument that each of these morning shows frequently carries items of interest to listeners in the other area. It cited as examples the broadcast of the "Smithers Community Report" on the Prince Rupert program, and interviews with elected representatives from the Prince Rupert area on the Prince George program.
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As emphasized by CBC representatives at the hearing:
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Whether you are in a community whose transmitter receives the Prince Rupert or the Prince George morning show, you can be sure of hearing all the information you need to know about in all of northern British Columbia.
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The Commission, having considered all of the evidence available to it, approves the applications by the CBC to amend the broadcasting licences for CBXB-FM Burns Lake, CBXR-FM Fort Fraser, CBUV and CBUV-FM Fort St.James, CBKG Granisle, CBUR-FM Houston, CBTI-FM Moricetown, CBRS-FM Smithers and CBRV-FM Vanderhoof by changing the program source from programs received partly from CFPR Prince Rupert and from CBU (AM) Vancouver, to programs received partly from CBYG-FM Prince George (AM network) and from CBU Vancouver.
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Nevertheless, the Commission views as unacceptable the fact that these changes were implemented by the CBC without prior approval. The Commission is very concerned by the Corporation's actions in this matter and expects the CBC to ensure that such conduct is not repeated. Specifically, the Commission expects the licensee to adhere to the public process and to follow proper procedures with regard to all future applications. Moreover, the Commission reminds the CBC of its responsibility, under the Commission's Rules of Procedure, to broadcast announcements providing details of its applications between the time they have been gazetted and ten days prior to the deadline date for filing interventions.
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Fernand Bélisle
Secretary General
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