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Decision
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Ottawa, 2 August 1988
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Decision CRTC 88-484
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Canadian Broadcasting Corporation
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Victoria, British Columbia -873752000
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At the 7 March 1988 Public Hearing in Victoria, the Commission considered an application by the Canadian Broadcasting Corporation for a licence to carry on an English-language FM radio broadcasting transmitting undertaking at Victoria, operating on a frequency of 92.1 MHz (Channel 221C) with an effective radiated power of 72,000 watts, to rebroadcast the programs of CBU-FM Vancouver, British Columbia.
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This application constitutes one element of the Corporation's British Columbia Radio Improvement Plan (the B.C. Plan) (see Public Notice CRTC 1988-124 of today's date).
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The CBC also intends as part of its B.C. Plan to establish a contributing bureau in Victoria for its AM service. This element of the B.C. Plan does not require prior Commission approval.
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CBC-FM Service in Victoria
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In Decision CRTC 88-181 renewing the CBC's radio network licences, the Commission expressed concern that the Corporation's FM radio services are not distributed equitably across the country. The Commission noted, for example, that in British Columbia the CBC's English-language FM service is only available to 49% of the provincial population. In its decision, the Commission identified Victoria as being one of seven communities in Canada in which the establishment of a new station providing the CBC's English-language FM service could result in increased coverage for the largest number of listeners in the appropriate language at a minimal cost.
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The Commission notes that Victoria is one of only two provincial capitals with a majority of English-speaking residents (the other being Charlotte-town) which presently does not receive the CBC's FM service.
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In its application, the CBC proposed to operate its rebroadcasting transmitter from a site located on Saltspring Island. The Corporation indicated that it had reached "mutually acceptable terms" with Selkirk Communications Ltd. and Western Approaches Limited to purchase a transmitter facility formerly used on that site by CKKS-FM Vancouver and to lease tower and building space. The proposed transmitter would extend the coverage of CBU-FM Vancouver throughout the Saanich Peninsula on Vancouver Island, down into Victoria, north to Duncan and Ladysmith, and across to the Gulf Islands and part of the Sunshine Coast. The projected cost of establishing the transmitter was estimated to be $326,275.
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Discussion with the CBC at the 7 March hearing concerning its application to provide FM service to Victoria centered to a large extent on the adequacy of the Corporation's technical proposal in terms of the potential reception of the signal within the Greater Victoria area.
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While the Corporation's proposal as filed would extend CBC FM service into the city of Victoria and to communities north and east of the city and on the Sunshine Coast, the Corporation acknowledged that, from the Saltspring site, its proposed transmitter would not provide a signal to the Sooke area approximately 20 kilometres west of Victoria nor, because of shadowing caused by terrain conditions, would it provide a clear, unimpaired signal throughout the Metchosin area immediately to the west of the city.
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The Corporation conceded that if its application were approved, a second transmitter would eventually be needed to serve Sooke and other communities just west of Victoria.
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The Commission also discussed with the CBC its proposed use of the last available class C commercial allotment in Victoria and the significant overlap of the proposed class C signal and that of CBU-FM Vancouver.
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In support of its technical proposal, the CBC cited the extensive coverage area provided by the class C channel, the economic advantages of its agreement with Selkirk Communications Ltd. and Western Approaches Limited, and the speed with which a favourable decision could be implemented.
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At the same time, the Corporation acknowledged during questioning at the hearing that alternative technical proposals involving available class B allotments and transmitter sites closer to Victoria would, if adopted, result in a reduction of the overlap problem and, at the same time, provide a good signal in Victoria and the immediately adjacent areas. According to the CBC, operating on the 107.3 MHz frequency (channel 297B) from a transmitter site located on Triangular Hill would "put a very nice signal into Victoria". Another suitable site closer to Victoria would be on Mount Work. The cost of establishing a class B transmitter there is estimated to be $332,000. The Corporation expressed concern, however, that the contour associated with a class B channel would mean that a good signal would not be receivable throughout the coverage area contemplated in its original proposal, including Ladysmith and the southern part of the Sunshine Coast.
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Victoria AM Contributing Bureau
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While not the subject of a specific application, the Corporation's B.C. Plan also calls for the establishment of a four-person contributing bureau in Victoria for the CBC's provincial AM service.
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Victoria residents receive the CBC's English-language AM radio service from CBU Vancouver. At present, only one CBC reporter is assigned to cover Victoria and the B.C. Legislative Assembly. With the addition of three more reporters, the proposed Victoria contributing bureau would cover the provincial capital and the rest of Vancouver Island, as well as supply program material and news items to the CBU Vancouver morning show, Early Edition, to other regional programs, and to the regional and national newsroom. Space for a studio with full production capacity will be rented in Victoria, with large enough premises to accommodate "anticipated needs of other media (CBC English and French network television and French network radio) and designed for expansion into a full production bureau, should the CBC in the future establish an originating service in Victoria.
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The CBC stated that, with the new contributing bureau in Victoria
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... residents of Victoria will continue to hear CBC radio (AM) programming from CBU in Vancouver, but because of the increased level of Victoria input into that programming, what they will hear will be much more relevant to them, not only news and current affairs coverage, but also surveillance and survival information, weather, travel, sports, public service messages.
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At the same time, the Corporation stated that all of this new programming will reflect Vancouver Island as a whole, not just Greater Victoria. Furthermore, the Corporation indicated that, with the establishment of the Victoria bureau, Early Edition would also take on a more regional focus to "include the whole of (Vancouver) Island, the Sunshine Coast and the Lower Mainland down as far as Hope".
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Staffing for the CBC's new bureau is to be accomplished through the redeployment of existing CBC personnel currently working in Vancouver or Prince Rupert.
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Interventions
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The vast majority of those who filed interventions addressing the CBC's application to introduce its FM network service into Victoria expressed support for this particular element of the CBC's British Columbia Radio Improvement Plan. These interveners included local political representatives at the federal, provincial and municipal levels, arts groups, labour organizations and various individuals.
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In its intervention, the West Coast Media Society pointed out that "this is the fourth time since 1976 that the CBC has signalled its intention to establish a presence in Victoria".
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Expressing opinions shared by many of the interveners, (Mrs.) Cynthia Ayles of Victoria wrote that "it is a deplorable situation when the province's capital is without a clear CBC signal, let alone our own station", while the Community Arts Council of Victoria submitted that "the total listening public in Greater Victoria deserves the opportunity to enjoy the full spectrum of Canadian talent, public affairs and other quality programs broadcast by the CBC with a clear strong reception".
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A few individuals opposed this particular application on the grounds that the Victoria service should not come at the expense of the dismantling of CFPR in Prince Rupert.
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In response to these opposing interventions, the CBC stated:
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We are not down-sizing (Prince) Rupert simply to upgrade Victoria. Indeed, the improvements we propose in Victoria are not the most expensive element of the Plan, but they are an essential element from the point of view of audience service.
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Conclusion
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The Commission reaffirms the importance it attaches to adequate CBC service being made available in Greater Victoria. However, the Commission does not consider that the Corporation's technical proposal as filed represents the best method of ensuring optimum distribution of the CBC's FM service to its primary market of Greater Victoria, given the deficiencies in the signal that would be available in the adjacent communities of Sooke and Metchosin and the extensive overlapping which would occur with the signal of CBU-FM Vancouver. Nor, because of distance and terrain, is the Commission convinced that the CBC's technical proposal would result in a consistently good signal being available in the city of Victoria itself.
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Furthermore, the Commission does not consider that the CBC's technical proposal is consistent with the goal of providing increased coverage for the largest number of listeners in British Columbia at a minimal cost.
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In this respect, the Commission notes that the total population in the Sooke and Metchosin areas is significantly larger than that in Ladysmith and on the Sunshine Coast combined. Moreover, a comparison of 1986 and 1981 census figures shows that the Sooke and Metchosin areas have been experiencing a rapid growth in population, while the population growth along the Sunshine Coast over the same period has been significantly slower and the population in the Ladysmith area to the north of Victoria has declined by 3.6%. Furthermore, the Commission notes that a good part of the Sunshine Coast already receives the CBU-FM Vancouver service.
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Accordingly, the Commission approves the application by the CBC for a licence to carry on an English-language FM radio broadcasting transmitting undertaking at Victoria to rebroadcast the programs of CBU-FM Vancou-ver, but not the technical parameters proposed. The Corporation is requested, following consultation with the Department of Communications (Communications Canada) and Commission staff, and within three months of the date of this decision, to apply for approval of revised technical parameters that will more adequately address the problem of signal overlap with CBU-FM Vancouver, and result in the provision of a better quality signal throughout the Greater Victoria area, the elimination of the shadowing problem in the Metchosin area and the extension of the service to include Sooke. The Commission will consider such an application expeditiously in the interest of ensuring the provision of CBC FM service to Greater Victoria at the earliest possible date.
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The Commission will issue a licence expiring 31 August 1992, subject to the conditions specified in this decision and in the licence to be issued.
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In accordance with paragraph 22(1)b) of the Broadcasting Act, the Commission will only issue the licence for the Victoria undertaking and the authority granted herein may only be implemented, at such time as written notification is received from Communications Canada that it will issue a Technical Construction and Operating Certificate.
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It is a condition of licence that construction of the undertaking be completed and that it be in operation within 12 months of the date of Commission authorization of acceptable technical parameters, or, where the applicant applies to the Commission within this twelve-month period and satisfies the Commission that it cannot complete the construction and begin the operation of the station before the expiry of this twelve-month period and that an extension of this period is in the public interest, within such further period of time as is approved in writing by the Commission.
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Fernand Bélisle
Secretary General
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