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Ottawa, 23 October 1991
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Decision CRTC 91-813
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The Listening Post Inc.
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Huntsville, Bracebridge, Orillia, London, Cambridge, Cobourg and Kingston, Ontario - 902716000 - 902715200 - 902717800 - 902710300 - 902712900 - 902713700 - 902714500
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Following a Public Hearing beginning on 8 July 1991 in the National Capital Region, the Commission denies the applications by The Listening Post Inc. (Listening Post) for licences to carry on FM radio programming undertakings at each of the seven communities noted above, for the purpose of broadcasting pre-recorded information directed to tourists and visitors to the area.
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In its applications, Listening Post had proposed that each of the FM transmitters would be located near an exit on a major highway. The frequency at each location would be identified to motorists by signs posted approximately ten kilometres either side of the highway exit. Upon tuning in, the traveller would receive continuously-repeated messages about local tourist attractions, as well as about various services and commercial establishments available nearby. The messages would be paid for by participating private enterprises, provincial and municipal government agencies. According to the applicant, it would also be able to insert public announcements in the event of an emergency. The effective radiated power of the proposed Listening Post stations would range from 17.5 to 25 watts, providing for significant coverage at each of the locations involved.
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The applicant also stated that the specialized radio undertakings would not duplicate the programming or advertising of existing over-the-air broadcasters, nor would it target the same listening audiences.
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This argument was disputed by a number of conventional broadcasters in Ontario and Quebec who expressed their concern for the potential adverse impact on local private stations. Further concerns were raised by the Canadian Association of Broadcasters (CAB) in its intervention opposing the Listening Post applications. It pointed out the divergence between the Listening Post applications and longstanding Commission policy, developed in line with the objectives of the Broadcasting Act, that broadcasters should be obliged to provide community service in exchange for the right to use the airwaves for commercial gain.
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Having considered all of the evidence presented in the course of this proceeding, the Commission is not satisfied that approval of the proposal, as presented, can be justified either on the grounds of economic feasibility or in terms of Canadian broadcasting policy.
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In this regard, the Commission has considered the fact there is only a limited number of low-power FM frequencies available in the Southern Ontario region. It is the Commission's present policy to ensure that the licensing of new undertakings does not unduly jeopardize access to this radio spectrum by low-power users such as community, student and native licensees.
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The Commission notes that, although the proposed service may have been of some potential use to the travelling public, other commercially-supported undertakings providing this type of service have generally been restricted to very low power (10 watts or less). Low-power stations currently licensed by the Commission are also founded primarily on the principle of service to local communities. As proposed, however, the Listening Post service would consist primarily, if not exclusively, of commercial messages.
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In light of the foregoing, the Commission does not consider that an approval of the applications would be in the public interest at this time, and has denied the applications accordingly.
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The Commission will undertake, in the near future, a full examination of its policies concerning the use of low-power radio frequencies. Until the completion of this upcoming policy review, the Commission will generally not be disposed to consider applications proposing the use of low-power radio transmitters for the broadcast of commercial content programming.
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Allan J. Darling
Secretary General
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