ARCHIVED -  Decision CRTC 97-570

Decision

Ottawa, 2 October 1997

Decision CRTC 97-570

Vancouver Public Aquarium Association

British Columbia - 199705282

New FM radio programming undertaking

1. Following a Public Hearing in the National Capital Region held on 19 August 1997, the Commission approves the application for a broadcasting licence for an FM radio programming undertaking at Robson Bight/Telegraph Cove on the frequency 88.5 MHz, channel 203VLP with an effective radiated power of 2.5 watts. The applicant had originally proposed an effective radiated power of 10 watts, but subsequently amended its application to reflect an effective radiated power as approved herein.

2. The new station will exist for the purpose of broadcasting the underwater communication sounds of the orca (killer whales) that frequent the area of Robson Bight. According to the applicant, the station will be an important tool in promoting better understanding and protection of the whales in British Columbia. It will allow whale watchers to listen to the array of vocal dialects without having to use expensive underwater acoustic monitoring equipment and without having to enter the Robson Bight/Michael Bigg Ecological Reserve, established to protect the orca habitat.

3. Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2004. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

4. In Public Notice CRTC 1993-95 dated 28 June 1993 and entitled A Licensing Policy for Low-Power Radio Broadcasting, the Commission stated that the licensees of low-power radio undertakings should be subject to a condition of licence that would define their programming in such a way as to ensure that they do not change their programming and begin to offer the same service as conventional licensees, without Commission approval.

5. The Commission has considered the circumstances of this application and is of the view that it would be appropriate to apply the above-mentioned policy to this undertaking. Accordingly, it is a condition of licence that this station be used solely to broadcast the underwater communication sounds of the orca (killer whales) that frequent the area of Robson Bight. It is also a condition of licence that the service broadcast no advertising material.

6. The technical parameters approved in this decision are for a low-power unprotected FM service. Accordingly, the applicant would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.

7. The Commission notes that this undertaking is owned and controlled by a not-for-profit organization controlled by members through the Board of Directors of the Vancouver Public Aquarium Association.

8. This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

9. The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

10. In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority will only be granted at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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