ARCHIVED - Decision CRTC 2001-592

Decision CRTC 2001-592

Ottawa, 17 September 2001

Cogeco Radio-Télévision inc.
Montréal and Laval, Quebec 2001-0476-1

19 June 2001 Public Hearing
National Capital Region

New transitional digital radio undertaking at Montréal and Laval

The Commission approves the application by Cogeco Radio-Télévision inc. (Cogeco) for a broadcasting licence to carry on a transitional digital radio undertaking (DRU) to serve Montréal and Laval.

The applicant is the licensee of CFGL-FM Laval. The transitional DRU proposed by the applicant will operate in association with CFGL-FM of which it will simulcast the programming, together with no more than 14 hours per week of other, non-simulcast programming. The proposed transitional DRU will be operated on frequency 1,454.56 MHz and the effective isotropic radiated power of the transmitters will be 1,400 watts in Montréal and 1,594 watts in Laval.

In Decision CRTC 2000-41 dated 11 February 2000, the Commission approved an application by Cogeco for a transitional DRU at Montréal and Laval. That approval was subject to the condition that the transmitting facilities would be constructed and ready for operation within 12 months. An extension to that time frame could have been granted if Cogeco had submitted a request before the end of the original 12-month period. Cogeco, however, did not request an extension within the set time limits, and was therefore required to reapply for a new licence to carry on a transitional DRU in Montréal and Laval.

The transmitters of the new undertaking 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.

The Commission is satisfied that the application, 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 a licence expiring 31 August 2002.

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.

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.

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.

Conditions of licence

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.

Further to being subject to the conditions in effect under the current licence of its associated station, CFGL-FM, as well as to the terms and conditions set out in the licence to be issued, the licence is subject to the following conditions:

· that the licensee adhere to Parts 1 and 1.1 of the Radio Regulations, 1986 (the regulations), as indicated in Notice of Public Hearing CRTC 1998-5 dated 7 August 1998;

· that the DRU be relieved of the requirement set out in section 10.1 of the regulations to own and operate its transmitter;

· that the undertaking not use the ancillary capacity of the digital radio signal to provide services that constitute programming under the Broadcasting Act (the Act), unless otherwise authorized by the Commission;

· 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;

· 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;

· that the licensee have full control over the transmission of its programming, regardless of the ownership of the transmission facilities that it uses.

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

Other Matters

The Commission notes that this licensee is subject to the Employment Equity Act and therefore files reports concerning employment equity with Human Resources Development Canada.

The authorities granted herein will only be effective and the licence will only be issued when the transmitting facilities are constructed and ready to begin operation. 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 6 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 6-month period or any extension of that period expires.

Secretary General

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