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Decision
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Ottawa, 16 February 1988
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Decision CRTC 88-99
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Talking Signs Inc.
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Winnipeg, Altona, Beausejour, Bisset, Boissevain, Brandon, Carberry, Carman, Dauphin, Emerson, Flin Flon, Gimli, Grand Beach, Killarney, Minnedosa, Morden, Morris, Neepawa, Portage La Prairie, Selkirk, Souris, Ste Anne, Steinbach, The Pas, Virden, Winkler and Winnipeg Beach, Manitoba - 872138300 - 872149000 - 872150800 - 872151600 - 872152400 - 872143300 - 872153200 - 872154000 - 872148200 - 872144100 - 872155700 - 872158100 - 872162300 - 872163100 - 872146600 - 872142500 - 872141700 - 872147400 - 872140900 - 872159900 - 872160700 - 872145800 - 872139100 - 872156500 - 872161500 - 872164900 - 872157300
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Following a Public Hearing in Toronto on 7 December 1987, the Commission approves the applications by Talking Signs Inc. (Talking Signs) to carry on FM radio broadcasting transmitting undertakings in the above-noted communities. In each community the applicant proposes to use a very-low-power radio announcement system consisting of multiple transmitters, which Talking Signs would operate on behalf of interested parties, for the purpose of broadcasting pre-recorded public service or commercial-content announcements that could be received by portable or automobile radios located within a range of approximately one hundred feet of the transmitter.
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The applicant has stated that the programming content will consist of real estate marketing, public service and tourism announcements to be broadcast in the English, French, Ukrainian and German languages. The Commission fully expects the applicant to adhere to its commitment to limit the programming content to that specified in its application.
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In considering these applications, the Commission has noted that proposals of this sort, which envisage the use of very-low-power FM transmitters (under 1 watt), were not contemplated by the Commission at the time the Radio Regulations, 1986 (the regulations) were enacted nor were they considered when the Commission reviewed its radio policies. Moreover, the Broadcasting Act contains no provision for exempting such undertakings from the requirement to hold licences. However, as provided for in section 16 of the regulations, the Commission may exempt these FM radio broadcasting transmitting undertakings which have unique economic and technological characteristics, from the requirements for foreground programming and advertising restrictions by issuing licences in the experimental class.
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In light of the above, the Commission will issue experimental FM licences expiring 31 August 1989 to Talking Signs Inc. The licences will be subject to the conditions specified in this decision and in the licences to be issued.
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Although specific frequencies were identified for these undertakings in CRTC Notice of Public Hearing 1987-78, in this decision, the Commission has not specified frequencies, precise power levels of transmitters or site coordinates in view of the fact that the transmitters will be moved frequently in accordance with the needs of its future clients. The Commission notes, however, that the applicant is required to obtain the approval of the Department of Communications (DOC) with respect to these technical parameters.
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Further, Talking Signs has indicated that certain adjustments may have to be made to the frequencies or power levels in order to ensure that its transmissions do not interfere with the reception of radio or television broadcasting stations. In this regard, the Commission has taken into account the applicant's commitment to be responsive to all complaints about interference and further notes that the applicant has in place procedures to be followed in order to quickly verify and resolve any problems that may arise. In its application, Talking Signs stated "upon verification of interference we will, due to the portable nature of our system, either replace the unit or recalibrate it in the field. If interference is still apparent we will cease to transmit at the site(s) and/or frequencies in question." The Commission fully expects the applicant to adhere to these commitments.
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Moreover, in line with the DOC's Telecommunications Regulation Circular (TRC) 74,
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It is a condition of licence that the maximum power output of each transmitter into its antenna, with no modulation, shall not produce a field strength level of more than 100 microvolts per metre as measured at a distance of 30 metres.
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The Commission has given careful consideration to the intervention submitted by the Radio Board of the Canadian Association of Broadcasters (CAB) opposing the use of broadcasting bands by very-low-power transmitting undertakings which are not operated as conventional broadcasting undertakings. In its intervention, the CAB also stated that it had made recommendations to DOC with respect to conditions which should govern the operation of very-low-power announce devices such as those proposed by Talking Signs. In this regard, the Commission notes that the DOC's technical criteria published in the Canada Gazette on 21 September 1987, largely meet the intervener's concerns.
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The Commission has also taken into account the interventions submitted by Golden West Broadcasting Ltd. and by the Western Association of Broadcasters (WAB) which expressed concern with regard to a promotion for the sale of radio announcement transmitting equipment by a company named Talking Signs Western Inc. The Commission has investigated and is satisfied that this company is not in any way affiliated with the applicant.
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Also worrisome to the CAB and the WAB was the potential impact these very-low-power undertakings could have on the advertising revenues of existing conventional broadcasters. In its reply to the interventions the applicant stated "While it is true that [it] hopes to enjoy market acceptance in the area of retail advertising, it does not necessarily follow that direct competition with existing radio broadcasters will result. The low-power transmitters are, by their very nature and limitations, not suitable to the same audience or type of transmission as performed by conventional radio stations, and it is anticipated that they will complement and extend the existing advertising provided by existing radio broadcasters."
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Following a review of all the evidence before it, the Commission is satisfied that these very-low-power broadcasting transmitting undertakings will reach only very small audiences and that the type of advertising that they will broadcast is different from that carried by con-ventional stations.
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Fernand Bélisle
Secretary General
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