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Public Notice
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Ottawa, 21 December 1984
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Public Notice CRTC 1984-316
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Proposed Amendments to the Radio (F.M.) Broadcasting Regulations Prescription of a New and Additional Class of F.M. Licences: the Experimental Licence
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For related documents: see Public Notice CRTC 1984-233 dated 3 July 1984.
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In Public Notice CRTC 1984-233 entitled "Windsor Radio Review", the Commission acknowledged that a number of very special characteristics set Windsor apart from all other Canadian markets and warranted an extraordinary flexible regulatory approach, particularly with respect to the application of the FM policy. It also announced that it was in the process of drafting amendments to the FM regulations that would allow flexibility to deal with special situations.
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The basic terms and conditions for the operation of Canadian FM radio stations are set out in the Commission's Radio (F.M.) Broadcasting Regulations, while the policy objectives for FM radio are expressed in general statements of policy, and to varying degrees, in CRTC decisions concerning specific applications. As noted in Public Notice CRTC 1984-233, the Commission has the discretion to depart from its stated policies when ever it considers it justified on the basis of the special circumstances of a situation or in order to chart a new course. The present regulations, however, do not contain any provision which would allow the Commission the flexibility to take into account special circumstances; the regulations are binding on the Commission and can only be modified by way of amendment.
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Accordingly, in order that the Commission may have sufficient latitude to respond to exceptional circumstances such as those affecting the Windsor market as well as those which, from time to time, may be found to exist in other parts of the country by taking initiatives of a temporary and experimental nature, it now proposes to amend the Radio (F.M.) Broadcasting Regulations to establish a new class of FM licence, namely an experimental licence, in accordance with the schedule attached hereto. This will permit the Commission to attenuate, for holders of the new class of licence, on an experimental basis, certain regulatory requirements which they would have to meet if they were holders of independent or joint licences.
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All interested parties wishing to comment on the proposed amendments must send their submissions to the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2, by 28 January 1985.
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Fernand Bélisle Secretary General
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