ARCHIVED -  Public Notice CRTC 1991-102

Public Notice

Ottawa, 4 October 1991

Public Notice CRTC 1991-102

Review of CBC Long Range Radio Plan

Table of Contents Pages Table des matières

Background 1 Historique

General discussion 1 Exposé général

Issues 4 Questions

1.FM Contours 4 1. Périmètres FM
2.AM Useable Field Contours 7 2. Périmètres AM du champ
utilisable
3.Coverage Overlaps 11 3. Empiétements du rayonnement
4.Parameters of FM Trans- 12 4. Paramètres des émetteurs FM
mitters
5.AM Versus FM for Mono-Radio 15 5. AM contre FM pour la radio
monophonique
5.1Extension of Service 15 5.1 Extension du service
5.2Replacement of AM Trans- 18 5.2 Remplacement des émetteurs
mitters by FM AM par des émetteurs FM
6.Regional Programming Ser- 20 6. Service de programmation
vice; Service in Provincial régionale; service dans les
Capitals; Priorities capitales provinciales;
priorités
7.CBC Proposals and Applica- 28 7. Propositions de la SRC et
tions that Conflict with the demandes qui ne satisfont
CRTC Guidelines or with Non- pas aux lignes directrices
CBC Applications du CRTC ou qui entrent en
conflit avec des demandes
d'autres requérantes
8.The 5-Year Review 34 8. Examen quinquennal

BACKGROUND
In Public Notice CRTC 1989-64 dated 12 June 1989, the Commission described the revised CBC Long Range Radio Plan submitted on 31 January 1989, and the events leading up to it. In addition, the Commission invited public comments on the revised CBC Long Range Radio Plan in that notice. Comments were submitted by:
1. Jacques Blais, Sherbrooke,  Quebec
2. West Coast Media Society, Victoria, British Columbia
3. Ministry of Regional Develop-ment, Communications Industry Branch, Province of British Columbia
4. The Canadian Association of Broadcasters (CAB).
The CBC's response to the public comments was submitted in January 1990.

GENERAL DISCUSSION
The main purpose of the CBC Long Range Radio Plan is to identify the CBC's future requirements for radio frequencies (FM and, occasionally, AM). These requirements are published so that other radio applicants can take them into consideration in planning their proposals for radio stations.
CBC's radio services consist of four networks, namely, Mono-Radio (AM) and Stereo (FM) in each official language; the CBC uses the abbreviations ER, ES, FR and FS in reference to the different services. Services are provided to communities depending on the size and language needs of the actual population; thus, not all communities receive all four services.
In planning the location of its transmitters and the associated coverage areas, the CBC uses a set of technical criteria and guidelines which have now become an integral part of the Long Range Radio Plan itself. While the CBC developed these guidelines for the planning of the original Long Range Radio Plan in the late seventies, they were modified to conform to the guide-lines set out by the Commission in Public Notice CRTC 1983-22.
In July 1984, the Commission published tables listing the CBC frequency requirements. The tables included an appendix, which identified those proposed projects that did not meet the CRTC guidelines, together with alternative solutions that would conform to the guidelines, as suggested by the Feasibility Study conducted by the CRTC and the Department of Communications (DOC).
The five-year review allows the CBC to update its plan and to publicize proposals for new transmitters in communities that previously did not qualify for transmitters under the guidelines, but now do as a result of their recent population growth.
It also allows modifications required to comply with Decision CRTC 88-181, which included the expectation that the CBC English and French stereo services be extended to at least 75% of the population of each province in each language. As a result of this expectation, many newly-proposed stereo transmitters were added by the CBC to the plan.
The CBC submitted its revised Long Range Radio Plan for the purpose of the five-year review. The revisions were intended both to update its plan and to bring it into conformity with the guidelines set out by the Commission in Public Notice CRTC 1983-22.
Having considered the issues involved in the revised CBC Long Range Radio Plan, as well as the matters raised by the public comments and the Corporation's response thereto, the Commission has reached the conclusions set out below.
First, while the Commission has decided that no further consideration of the revised CBC Long Range Radio Plan at a public hearing is required, the CBC will be expected to provide to the Commission additional information, as outlined in the following section.
Second, the Commission considers the policy and planning guidelines in Public Notices CRTC 1983-22, 1984-132, 1985-86 and 1985-142, still to be appropriate. They are hereby reaffirmed, consolidated, reworded and replaced, in respect of each of the matters specifically covered in the present public notice. Third, the Commission intends to conduct, at the public hearing on the renewal of the CBC radio network licences, a thorough review of the matter of the CBC's local or sub-regional service vis-à-vis the national and regional service and how it pertains to the CBC's mandate set out in the Broadcasting Act.
Fourth, the Commission is also preparing an updated version of the CRTC document entitled "Tables showing the CBC's Long Range Radio Plan". This document will include all the amendments made since the last revision in July 1984. The Commission shortly will make this document available to the public on request.

ISSUES
The following is a discussion of the issues raised by the revised Plan, including the public comments and the CBC response thereto. The Commission's conclusions follow the discussion.
1.FM CONTOURS
Public Notice CRTC 1989-64 described the technical criteria used by the CBC in designing its transmitters' coverage in the original Long Range Radio Plan, while Public Notice CRTC 1983-22 set out the guidelines developed by the Commission to complement the CBC criteria, with a view to minimizing coverage overlaps. A question has arisen as to whether or not the revised Plan was based on these criteria and guidelines and, in particular, whether or not the FM 0.15 millivolt per metre (mV/m) contour was still being used by the CBC for planning purposes, since the CBC did not show this contour on any of its revised Long Range Radio Plan maps.
The Commission notes that the FM 0.15 mV/m contours were plotted on the original Long Range Radio Plan maps submitted prior to the April 1982 Public Hearing. In Public Notice CRTC 1989-64 the Commission invited comments on whether or not the FM 0.15 mV/m contours should be plotted on the Long Range Radio Plan maps.
The CAB indicated in its comments that it had no objection to the CBC technical criteria, including the FM 0.15 mV/m contour, being used for planning purposes, when taken together with the CRTC guidelines designed to minimize coverage overlaps. However, since the FM 0.15 mV/m contour is outside the protected FM 0.5 mV/m contour, and therefore encloses a larger area, the CAB argued that the FM 0.15 mV/m contour should not be plotted on the Long Range Radio Plan maps, so as to avoid "the possibility that some form of de-facto protection for this enhanced coverage would be demanded by the CBC at a later date".
In its response, the CBC stated that, for FM coverage planning purposes, its present criteria for the basic radio service remain unchanged from those used in the original Long Range Radio Plan, and that those for the stereo service were amended to conform to the CRTC guidelines, namely: 1.1 Any community with a population of 100,000 or more shall lie within the FM 3 mV/m contour of the transmitter.
1.2 Any community with a population of 5,000 or more shall lie within the FM 0.5 mV/m contour of the transmitter.
1.3 All other areas and communities shall lie within the FM 0.15 mV/m contour of the transmitter.
1.4 The signal level specified for the stereophonic service shall not exceed that for the monophonic service.
1.5 Individual communities with populations of 500 or more qualify for the basic Mono-Radio (AM) service and those with populations of 5,000 or more qualify for the Stereo (FM) service.
The CBC clearly stated that it does not require that all communities with populations of 500 or more be enclosed within the FM 0.5 mV/m contours of the basic radio transmitters; some of these communities are within the area between the 0.5 and 0.15 mV/m FM contours. The CBC also stated that it did not plot the FM 0.15 mV/m contours on the Long Range Radio Plan maps because they are not protected against interference from other stations. In addition, the CBC stated that, while it will continue to use the FM 0.15 mV/m contour for planning purposes, it does not intend to seek, now or in the future, "some form of de-facto protection" for the areas between the 0.5 and the 0.15 mV/m FM contours. The Commission is satisfied that these statements by the CBC effectively eliminate any concerns regarding the FM 0.15 mV/m contour and the possibility that the CBC's technical criteria might have changed.
It should be noted that the Long Range Radio Plan maps show the coverage of the existing and planned CBC transmitters and are a visual representation of the practical implementation of the coverage planning criteria. Without the presence of the FM 0.15 mV/m contours on the maps, however, the Commission considers that an important element of the coverage planning process is missing. If both the FM 0.15 and 0.5 mV/m contours were plotted, the Long Range Radio Plan maps would provide a useful and readily available indication of those communities receiving "protected" service of 0.5 mV/m, those receiving "unprotected" service of 0.15 mV/m, and those that are outside the 0.15 mV/m contour and are thus considered unserved.
In view of the foregoing, the Commission concludes that both the FM 0.15 and 0.5 mV/m contours should be plotted on the Long Range Radio Plan maps. Consequently, within twelve months of the date of this notice, the Commission expects the CBC to provide it with amended Long Range Radio Plan maps showing both the FM 0.15 and 0.5 mV/m contours, in a manner similar to that used in the original Long Range Radio Plan maps.
2.AM USEABLE FIELD CONTOURS
The revised CBC Long Range Radio Plan maps show the AM useable field (Eu) contours only if the Eu levels are higher than 5 mV/m. For any AM transmitter with an Eu level lower than 5 mV/m, only the 5 mV/m contour is shown.
The Eu contour is sometimes called the Night-time Interference Limit (NIL), or the Night-time Interference Free (NIF) contour. It depicts that area within which an AM station can expect to provide interference-free night-time service at least 90% of the time. Public Notice CRTC 1989-64 invited comments on whether or not the Eu contours, including those with Eu levels below 5 mV/m, should be shown on the Long Range Radio Plan maps.
In its submission, the CAB stated that many CBC AM transmitters with Eu levels below 5 mV/m, provide reliable service, day and night, in the area between the 5 mV/m and the night-time interference free contours. The CAB further stated:

 We do not believe that stations that are proposed for these areas should be approved without substantiating evidence from the CBC as to the signal deficiencies. In this regard, we would recommend that, as a minimum, signal tests be undertaken, and that the Corporation be required to document actual listener complaints.
In its response, the CBC reiterated that it prefers not to show the Eu contours on the Long Range Radio Plan maps when their levels are below 5 mV/m. The CBC's position is based on its claim that a field strength of at least 5 mV/m is required as the basis for its national coverage planning for AM service. The CBC argued further that the DOC rules define the Eu for Class B and Class C, but not for Class A AM stations, which are protected against interference from other stations over much larger areas.
Nevertheless, the CBC agreed with the position taken by the CAB that, where new FM transmitters are proposed for areas lying between the 5 mV/m and Eu contours of AM transmitters with Eu levels below 5 mV/m, these new transmitters should not be approved "without substantiating evidence from the CBC as to the signal deficiencies". The CBC also accepted the CAB's proposal regarding the minimum requirements as to the nature of such substantiating evidence; i.e. comprehensive subjective tests and field strength measurements, preceded by confirmation that the existing AM transmitter is operating in accordance with the Broadcasting Certificate issued to it by DOC.
The Commission notes that the CBC's claim that a field strength of at least 5 mV/m is required as the basis for its national coverage planning for AM service is not supported by DOC, by the CBC/CRTC/DOC Tripartite Committee Report of November 1984 or by general practice in the broadcasting industry. In addition, this claim is at variance with the following statement by the CBC in its January 1989 submission:  The daytime coverage of an AM station is defined by the 0.5 mV/m contour; the night-time coverage area is defined by the 0.5 mV/m contour or the Night-Time Interference Limitation (N.I.L.) contour, whichever is greater. This is an accepted technical definition of coverage.
The Tripartite Committee Report confirmed that an AM station provides adequate service throughout the coverage area enclosed by the Eu contour, even when the Eu level is below 5 mV/m. Only in exceptional cases do areas between the 5 mV/m and the Eu contours experience signal deficiencies. It is to deal with such exceptional cases that the Tripartite Committee recommended signal tests. An advantage of plotting both the 5 mV/m and the night-time interference-free contours (where the latter are below 5 mV/m) is that it facilitates the identification of areas where exceptional circumstances may warrant such signal tests.
In Decision CRTC 79-320, the Commission stated:
 The CBC ... should ensure that the design criteria for its stations do not exceed commonly accepted standards used throughout the broadcasting industry.
The DOC rules define the Eu contour for Class B and C AM stations; the Eu is not defined for class A stations, also known as "clear channel" stations. The night-time interference-free level, however, can be easily calculated and plotted for the Class A stations, using the same formula used for Class B and C stations.
In view of the foregoing, the Commission concludes that it is the Eu or night-time interference-free contour that truly represents the actual night-time service area of an AM station, rather than the 5 mV/m contour chosen by the CBC. Therefore, the Commission will require the CBC to make use of the Eu or night-time interference-free contour, including cases where its level is below 5 mV/m, as the criterion for CBC AM coverage planning.
Consequently, within twelve months of the date of this notice, the Commission expects the CBC to provide it with amended Long Range Radio Plan maps showing the Eu or night-time interference-free contours of all its AM transmitters. In cases where the Eu level is below 5 mV/m, the maps should show both the 5 mV/m and the Eu or NIF contours. In addition, the actual Eu level should be indicated on the maps.
3.COVERAGE OVERLAPS
In its Long Range Radio Plan submission of January 1989, the CBC stated that it accepts the Commission's guidelines for minimizing coverage overlaps outlined in Public Notice CRTC 1983-22. In its submission, the CAB also expressed support for these guidelines. Consequently, the Commission reaffirms its guidelines for minimizing coverage overlaps outlined in Public Notice CRTC 1983-22 as follows:
3.1 Based on the DOC definition of the FM 3 mV/m and FM 0.5 mV/m contours, it is the Commission's view that the criteria for the design of CBC FM transmitters should include the following guidelines for minimizing coverage overlaps:
3.1.1 The overlaps of coverage areas as defined by the FM 0.5 mV/m contours of transmitters belonging to the same network should be minimal.
3.1.2 The FM 3 mV/m contour of one transmitter should not overlap the FM 0.5 mV/m contour of another.
3.1.3 Where an FM transmitter is adjacent to an AM transmitter, the FM 0.5 mV/m contour should not overlap the AM Eu or night-time interference free (NIF) contour, including cases where the Eu or NIF level is below 5 mV/m.
4.PARAMETERS OF FM TRANSMITTERS
Public Notice CRTC 1989-64 raised as a concern the operating parameters proposed by the CBC for some of the FM transmitters in the revised CBC Long Range Radio Plan. In some areas, the CBC proposes to use several FM transmitters in close proximity to each other, with very modest operating parameters in respect of their Effective Radiated Power (ERP) and Effective Height Above Average Terrain of the antenna (EHAAT), whereas it appears that the areas could be served as well or better by a single transmitter operating at or near maximum parameters for its class.
In other cases, the proposed transmitters would utilize higher class channels with parameters near minimum for the class, whereas lower class channels with maximum parameters could provide adequate service to the intended areas. An example would be a proposal to use a Class B channel (which is permitted a maximum power of 50,000 watts) with 4,000 watts, when a Class A with 3,000 watts would suffice. Such under-utilization of frequencies can be very wasteful, particularly given the DOC's rules, which accord FM channels protection for the maximum parameters, with the relevant distances to other transmitters maintained accordingly.
The CAB indicated in its comments that, in those cases where the Long Range Radio Plan proposes the use of several FM transmitters in close proximity to each other, corrective changes should be made to the plan in the interest of conserving spectrum and reducing coverage overlaps. The CAB suggested that some such transmitters can be eliminated and service can be provided by an increase in the operating parameters of adjacent transmitters. In its response, the CBC stated that it agrees entirely that, wherever possible, its Long Range Radio Plan should use one transmitter operating at or near maximum for its class, rather than several less powerful transmitters in nearby communities, in the interest of better spectrum management and more efficient and effective delivery of its services.
The CBC also indicated that, due to conflicting objectives and special circumstances, these guidelines were not followed in the design of 30% of its transmitters. The CBC added, however, that if it "can further modify the Plan to achieve still greater spectrum efficiency, without sacrificing other objectives, it will certainly do so".
Given the stated support by the CAB and CBC for efficient utilization of the spectrum, and the CBC's undertaking to modify further the Long Range Radio Plan, where possible, to achieve this objective, the Commission has established the following guidelines:
4.1 Wherever possible, the Long Range Radio Plan should use one transmitter operating at or near maximum parameters for its class, rather than several less powerful transmitters in nearby communities. 4.2 Wherever possible, the Long Range Radio Plan should use channels of lower class which, when operated at or near maximum parameters, would provide adequate service to the intended areas, rather than channels of higher class with parameters just above minimum.
5.AM VERSUS FM FOR MONO-RADIO
The proposed use of FM instead of AM transmitters to provide the Mono-Radio service was an issue raised in Public Notice CRTC 1989-64 mainly in the context of the possible establishment of new transmitters in such major urban centres and provincial capitals as Regina and Victoria. Comments received and other developments indicate the need for a more comprehensive review of this matter. The current guidelines were set out in Public Notices CRTC 1983-22, 1985-86 and 1985-142; it now appears that some of the rationale that led to their development may have been misunderstood. In addition, the Commission is of the opinion that some clarification in this area is desirable.
5.1 EXTENSION OF SERVICE
The CBC indicated in its January 1989 submission that the revised CBC Long Range Radio Plan is predicated upon the continued use of the AM band for the basic radio service, insofar as existing AM transmitters are concerned. With regard to the establishment of new transmitters, however, the CBC wishes to consider both AM and FM options, even in major urban centres, such as Victoria and Regina. This would be clearly contrary to the statements of Commission policy contained in Public Notices CRTC 1983-22 and 1985-86.
Public Notice CRTC 1983-22 stated that the CBC basic radio service should remain essentially an AM service. To this end, the CBC basic radio service should be provided on the AM band wherever possible. This applies both to existing AM transmitters and to transmitters proposed for the future extension of service.
Following the recommendations in the 1984 Tripartite Committee Report, the Commission announced in Public Notice CRTC 1985-86 that it would be prepared to consider favourably the use of FM channels for the extension of the CBC basic radio services in all areas other than the following: Vancouver/Victoria, Montréal and surrounding area, Southern Ontario, all major urban centres and areas where FM channels are in short supply.
The guidelines in Public Notice CRTC 1985-86 contemplate exceptions to the generally more restrictive guidelines in Public Notice CRTC 1983-22. The Commission considers that this approach still conforms to the principle that "the CBC basic service should remain essentially an AM service" by requiring the use of AM frequencies in major urban centres, where the overwhelming majority of Canadians live, as well as in those other areas where FM frequencies are in short supply. The Commission is satisfied that this approach also addresses, in a meaningful way, the difference in costs between AM and FM transmitters, and takes into account the funding restraints faced by the CBC, by allowing the use of FM channels in all areas other than those mentioned above, where the bulk of new transmitters have yet to be established.
In view of the fact that neither the CBC nor the interveners have requested that the current guidelines on extension of service be amended or rescinded, the Commission reaffirms these guidelines as follows:
5.1.1 After considering all the factors involved, the Commission has determined that the CBC basic radio service should remain essentially an AM service and be provided on the AM band wherever possible.
5.1.2 In all major urban centres and in areas where FM channels are in short supply, including Vancouver/Victoria, Montréal and surrounding area and Southern Ontario, AM frequencies should be used for the extension of the CBC basic radio service. FM channels may be used for this purpose in these areas only if no suitable AM frequencies can be found now or in the future.
5.1.3 As an exception to item 5.1.1, and with a view to reducing extension of service costs, the Commission would be prepared to consider favourably the use of FM channels for the extension of the CBC basic radio service in all areas other than major urban centres   and other than areas where FM channels are in short supply, including Vancouver/Victoria, Montréal and surrounding area and Southern Ontario.
5.1.4 Any exceptions in cases such as Victoria, Regina, etc., would be resolved by way of case-by-case consideration at individual public hearings.

5.2 REPLACEMENT OF AM TRANSMITTERS
BY FM
In view of the fact that neither the CBC nor the interveners have requested that the current CRTC guidelines (see Public Notices CRTC 1983-22 and 1985-142) on replacement of AM transmitters by FM be amended or rescinded, the Commission reaffirms these guidelines as follows:
5.2.1 The Commission would be prepared, on a case-by-case basis, to give consideration to the replacement with FM of only those CBC AM transmitters that have poor night-time coverage and where their replacement would result in significant improvement in service, and where coverage deficiencies could not be corrected by other means, such as by a change of frequency, change of transmitter site, increase in power or change in radiation pattern. This guideline applies to CBC regular class AM protected transmitters located anywhere in Canada and to low-power AM unprotected transmitters (LPAM) located in all major urban centres and in areas where FM channels are in short supply, including   Vancouver/Victoria, Montréal and surrounding area and Southern Ontario.
5.2.2 For CBC low-power AM unprotected transmitters located in all areas other than major urban centres and other than areas where FM channels are in short supply, including Vancouver/Victoria, Montréal and surrounding area and Southern Ontario, the Commission would be prepared to consider favourably only those proposals where the replacement of such transmitters with FM facilities would result in significant extension of service, namely, service being provided to a wider area enclosing a number of additional communities and a much larger population.
With respect to the matter of simulcasting following replacement of an AM transmitter by FM, both the CAB and CBC agree that such simulcasting should not continue for longer than twelve months after the FM transmitter's implementation. Consequently, the Commission announces the following guideline:
5.2.3 Following the replacement of any CBC AM transmitter by FM facilities, the simulcasting on AM and FM should not continue for longer than twelve months after the FM transmitter's implementation, and the AM frequency should be released to other potential users without any further delay. Where simulcasting is to continue until the expiry date of a licence, this matter will be reviewed with the licensee during the public hearing on the renewal of the licence.
6. REGIONAL PROGRAMMING SERVICE;
 SERVICE IN PROVINCIAL CAPITALS;
 PRIORITIES
Public Notice CRTC 1989-64 included the following questions:
a) Should the CBC be permitted to establish additional transmitters to provide local or sub-regional service in communities that already receive a regional radio service from another source?
b) If so, under what circumstances and conditions, and what priority should such projects receive vis-à-vis the extension of mono and stereo services to unserved communities?
c) Should provincial capitals be treated differently than other communities in this regard?
These matters were raised by the Commission in light of the fact that the CBC's plans for providing these services in communities that already receive the regional service from another source would require additional transmitters and would result in coverage overlaps and duplication.
The issue of the CBC local or sub-regional service proved to be quite controversial, and these questions generated extensive comments. The West Coast Media Society, whose comments are confined to the situation in Victoria, stated that the CBC should be permitted to provide local or sub-regional service in Victoria. The Society also indicated that, in some parts of Victoria, the reception of CBU Vancouver is poor.
The Government of British Columbia stated that there are cases where very distinct communities with unique concerns fall within the coverage area of a regional CBC radio service emanating from another community; such communities require a local or sub-regional CBC service to reflect and respond to their specific circumstances. With regard to provincial capitals, the Government of British Columbia stated that they should be given a high priority within their provinces, and that all provincial capitals must be treated equally. The Government of British Columbia deplored the current situation, which has left Victoria as the only provincial capital without its own originating CBC radio station.
The CAB indicated in its comments that private broadcasters have held the view that the CBC's role is to provide only national and regional programming. The CAB's position was based on its interpretation of the mandate of the CBC, as stated in paragraph 3(g) of the Broadcasting Act originally enacted in 1968. The 1968 legislation was replaced by a new Broadcasting Act, in force as of 4 June 1991. The CAB considered that the CBC should not provide any local programming at all, thus avoiding the need for additional transmitters in areas that already receive a regional radio service from another CBC source. The CAB did agree, however, that each area should be able to receive regional programming from the relevant province. With regard to provincial capitals such as Victoria or Regina, the CAB stated:

 News and information relating to matters of provincial interest should be produced in the capital, and fed to the regional production hub for distribution to the whole province. However, we cannot agree that simply being a capital warrants the establishment of a dedicated transmitter in a particular city, assuming that adequate technical service is provided from elsewhere in the same province.
 Since CBU Vancouver already provides a good-quality EB [English Basic] service to Victoria, the CAB does not agree that a legitimate need exists for a local CBC EB transmitter.
In its response, the CBC argued in favour of maintaining its current programming structure which includes up to 7 hours each weekday of local or sub-regional programming scheduled at the peak listening periods, namely, 6 - 9 AM, 12 - 2 PM and 4 - 6 PM, and originating from many major urban centres, including most provincial capitals. The CBC argument was based on its claim that its local or sub-regional services are so distinct that they do not duplicate private sector services. Moreover, the CBC was of the view that, by being non-commercial, its local or sub-regional services do not present a competitive threat to private radio stations. For these reasons, the CBC argued that it should be permitted to establish additional transmitters to provide local or sub-regional services in communities that already receive a regional radio service from another source.