ARCHIVED -  Decision CRTC 98-153Decision CRTC 98-153

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Decision

Ottawa, 26 May 1998

Decision CRTC 98-153

Standard Radio Inc.
- 199714754 - 199714762

Radio 1540 Limited
- 199714788 - 199714770

CHUM Limited
- 199714192 - 199714184

Rogers Broadcasting Limited
- 199714176 - 199714168

Telemedia Communications Inc.
- 199714150 - 199714142

Canadian Broadcasting Corporation
- 199714233 - 199714241 - 199714217
- 199714225

CJRT-FM Inc.
- 199714134

Rawlco (Toronto) Ltd.
- 199714126

Shaw Radio Ltd.
- 199714200

WIC Radio Ltd.
- 199715604 - 199715611

Applications for licences to carry on transitional digital radio undertakings at Toronto - Approved

1. Following a Public Hearing in the National Capital Region beginning on 16 February 1998, the Commission approves the applications by the parties named above for broadcasting licences to carry on transitional digital radio undertakings (DRUs) to serve Toronto.

2. Each of the applicants is the licensee of one or more AM or FM radio undertakings in Toronto. The transitional DRUs proposed by the applicants will operate in association with an existing radio undertaking; each DRU will simulcast the programming of its associated AM or FM station, together with no more than 14 hours per week of other, non-simulcast programming. The technical parameters of the proposed transitional DRUs and the existing AM or FM station with which they will be associated are identified in the appendix to this decision.

3. The transmitters of the new undertakings will be installed at Toronto's CN Tower and will employ the EUREKA-147 digital audio broadcasting system. This technology was first developed in Europe and has been confirmed by the Department of Industry as the standard for digital broadcasting in Canada. It is widely anticipated that digital broadcasting will, with time, replace the existing technologies of AM and FM analog transmission.

4. The Commission is satisfied that the applications, as filed, conform fully to the requirements set out in Public Notice CRTC 1995-184 entitled A Policy to Govern the Introduction of Digital Radio. Accordingly, and subject to the requirements of this decision, the Commission will issue licences expiring 31 August 2001. As discussed more fully below, the licences will be subject to the conditions in effect under the current licences, as well as to those conditions specified in this decision and in the licences to be issued. These conditions reflect, for the most part, the specific terms and conditions set out for transitional DRUs in Public Notice CRTC 1995-184.

5. The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act) should not be interpreted as a lack of commitment to digital radio broadcasting on the part of the Commission. Rather, the three-year period is consistent with the Commission's plans for the introduction of transitional DRUs announced in its 1995 policy notice, and should allow the Commission sufficient time to establish and implement a long-term policy and licensing regime for digital radio undertakings following completion of an appropriate public process.

6. The Commission emphasizes that, once its long-term policy is in place, the replacement of any short-term licences with full-term digital radio licences should generally involve a simple, streamlined process. In the meantime, the proposed transitional DRUs will serve to introduce the public to this new technology. By refining various technical, marketing and other issues associated with the introduction of digital radio broadcasting, these undertakings will also provide the broadcasting industry with valuable operational experience, and will assist the Commission in developing an effective and comprehensive regulatory policy.

7. As outlined in Public Notice CRTC 1995-184, the Commission expects broadcasters to ensure that the main programming signal of a digital radio undertaking not be noticeably degraded by the shifting of capacity from it to ancillary services.

8. The licence of each transitional DRU will be subject to the conditions in effect under the current licence of its associated AM or FM station. The Commission recognizes that in some cases these conditions may restrict the ability of transitional DRUs to experiment with new and innovative forms of programming that make use of the unique features of digital radio technology. The Commission's policy on the introduction of digital radio is to encourage the maximum amount of experimentation during periods of separate programming. Licensees who consider that additional flexibility is required in order to make full use of the periods of separate programming for this purpose should file applications to amend their licences. Such applications will be processed expeditiously.

9. As indicated in Notice of Public Hearing CRTC 1997-14 dated 12 December 1997, each of the licensees is required, by condition of licence, to adhere to Parts 1 and 1.1 of the Radio Regulations, 1986 (the regulations).

10. In Public Notice CRTC 1995-184, the Commission indicated that during the transitional period, digital radio licensees would not be required to own and operate their own transmitters. Accordingly, each of the transitional DRUs is relieved, by condition of licence, of the obligation set out in section 10.1 of the regulationsto own and operate its transmitter.

11. It is a condition of each licence that the undertaking not use the ancillary capacity of the digital radio signal to provide services that constitute programming under the Act, unless otherwise authorized by the Commission.

12. It is a condition of each licence that the undertaking use no more than 20% of the digital capacity of the 1.5 MHz channel specified for use by the geographic grouping of broadcasters to which the undertaking belongs.

13. It is a condition of licence that each digital radio signal broadcast by a transitional DRU associated with an existing AM or FM undertaking be broadcast from a single primary digital radio transmitter that is located so as to ensure that the resulting digital radio coverage area does not exceed the lesser of (a) the licensee's corresponding FM or daytime AM coverage areas (that is, the 0.5 millivolt per metre coverage area for both AM and FM stations), or (b) the digital coverage area allotted to the licensee under the Department of Industry's spectrum allocation plan, unless otherwise authorized by the Commission.

14. It is a condition of each licence that the licensee have full control over the transmission of its programming, regardless of the ownership of the transmission facilities that it uses.

15. In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled Implementation of an Employment Equity Policy, the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In this regard, the Commission encourages Radio 1540 Limited and CJRT-FM Inc. to consider employment equity issues in their hiring practices and in all other aspects of their management of human resources.

16. The Commission notes that all of the other applicants are subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore file reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

17. These authorities will only be effective and the licences will only be issued at such time as construction of the transmitting facilities is completed and they are prepared to commence operation. In the case of each applicant, if the construction is not completed within twelve months of the date of this decision or, where an 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. Each 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.

18. The Department of Industry has advised the Commission that the technical parameters of the proposed transmitters are conditionally technically acceptable.

19. In the case of each applicant, and in accordance with section 22(1) of the 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 of each of the transitional digital radio undertakings approved herein.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

Appendix to Decision CRTC 98-153

Licensee/ Associated AM Proposed DRU Effective isotropic
Titulaire or FM Station/ Frequency/ radiated power (EIRP)/
Station AM ou Fréquence projetée Puissance isotrope
FM associée d'ERN rayonnée équivalente (PIRE)

Standard Radio Inc. CFRB 1458.048 MHz 5084 watts
CKFM-FM 1458.048 MHz 5084 watts

Radio 1540 Limited CHIN 1465.024 MHz 5084 watts
CHIN-FM 1465.024 MHz 5084 watts

CHUM Limited CHUM 1456.304 MHz 5084 watts
CHUM-FM 1456.304 MHz 5084 watts

Rogers Broadcasting CFTR 1456.304 MHz 5084 watts
Limited CHFI-FM 1456.304 MHz 5084 watts

Telemedia Communications CJCL 1458.048 MHz 5084 watts
Inc. CJEZ-FM 1458.048 MHZ 5084 watts

Canadian Broadcasting CJBC 1461.536 MHz 5084 watts
Corporation/Société Radio- CJBC-FM 1461.536 MHz 5084 watts
Canada CBL 1461.536 MHz 5084 watts
CBL-FM 1461.536 MHz 5084 watts

CJRT-FM Inc. CJRT-FM 1458.048 MHz 5084 watts

Rawlco (Toronto) Ltd. CISS-FM 1465.024 MHz 5084 watts

Shaw Radio Ltd. CFNY-FM 1456.304 MHz 5084 watts

WIC Radio Ltd. CHOG 1465.024 MHz 5084 watts
CILQ-FM 1465.024 MHz 5084 watts

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