ARCHIVED - Decision CRTC 2000-82

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Decision CRTC 2000-82
Ottawa, 22 March 2000
CKMW Radio Ltd.
Toronto, Ontario – 199910287

CHWO Radio Ltd.
Toronto, Ontario – 199910534

CJMR 1320 Radio Ltd.
Toronto, Ontario – 199910542

Trumar Communications Inc.
Toronto, Ontario – 199912507

CIRC Radio Inc.
Toronto, Ontario – 199910550

31 January 2000 Public Hearing in Toronto

New transitional digital radio undertakings

1.

The Commission approves the above-noted applications for broadcasting licences to carry on transitional digital radio undertakings (DRUs) at Toronto.

2.

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

3.

The transmitters for the new undertakings will be installed at the CN Tower in Toronto 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, over time, replace the existing technologies of AM and FM analog transmission.

4.

The Commission is satisfied that the applications, as filed, conform fully with 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 2002.

5.

The licence term granted 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 PN 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.

Conditions of licence

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.

Further to being subject to the conditions in effect under the current licence of its associated analog station, as well as to the terms and conditions set out in the licence to be issued, the licence for each transitional DRU is subject to the following conditions:

  • the licensee shall adhere to Parts 1 and 1.1 of the Radio Regulations, 1986, as indicated in Notice of Public Hearing CRTC 1998-5 dated 7 August 1998;
  • the DRU is relieved of the requirement set out in section 10.1 of the regulations to own and operate its transmitter. In PN 1995-184, the Commission indicated that during the transitional period, digital radio licensees would not be required to own and operate their own transmitters;
  • the undertaking shall not use the ancillary capacity of the digital radio signal to provide services that constitute programming under the Broadcasting Act, unless otherwise authorized by the Commission;
  • the undertaking shall 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;
  • each digital radio signal of the transitional DRU shall 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;
  • the licensee shall have full control over the transmission of its programming, regardless of the ownership of the transmission facilities that it uses.

10.

These conditions reflect, for the most part, the specific terms and conditions set out for transitional DRUs in PN 1995-184.

11.

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 the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

12.

The authorities granted herein will only be effective and the licences will only be issued when the transmitting facilities are constructed and ready to begin operation. In each case, when the applicant has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the transmitting facilities are not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the applicant applies in writing to the Commission before the 12-month period or any extension of that period expires.

13.

In the case of each applicant and in accordance with section 22(1) of the Act, the Commission will only issue the licence and grant the authority to operate when it receives notification from the Department of Industry that its technical requirements have been met, and that a broadcasting certificate will be issued.

Secretary General

 

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca

Appendix to Decision CRTC 2000-82 

Licensee 

Associated AM or FM station & Application number

Proposed DRU frequency

Effective isotropic radiated power 

CKMW Radio Ltd. CIAO

199910287

1466.768 MHz

5,084

CHWO Radio Ltd. CHWO

199910534

1466.768 MHz

5,084

CJMR 1320 Radio Ltd. CJMR

199910542

1466.768 MHz

5,084

Trumar Communications Inc. CFMX-FM

199912507

1466.768 MHz

5,084

CIRC Radio Inc. CIRV-FM

199910550

1466.768 MHz

5,084

 

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