ARCHIVED - Broadcasting Decision CRTC 2002-365

Broadcasting Decision CRTC 2002-365

Ottawa, 13 November 2002

Rogers Broadcasting Limited
CHEZ-FM Inc.
Ottawa, Ontario

Applications 2001-1208-7, 2001-1209-5 and 2001-1210-3
Public Hearing at Calgary, Alberta
10 April 2002

Transitional digital radio undertakings in Ottawa

In this decision, the Commission approves the applications for new transitional digital radio undertakings to serve Ottawa.

The applications

1.

The Commission received applications by Rogers Broadcasting Limited (Rogers) and CHEZ-FM Inc. for broadcasting licences to operate transitional digital radio undertakings (DRU) to serve Ottawa, associated with the following existing stations: CKBY-FM, CIWW and CHEZ-FM Ottawa.

2.

The Commission confirms that CHEZ-FM Inc. is the licensee of CHEZ-FM, not Rogers as announced in Broadcasting Notice of Public Hearing CRTC 2002-1, 1 February2002.CHEZ-FM Inc. is a subsidiary of Rogers.

3.

The applicants proposed to simulcast on each transitional DRU the programming of its respective associated station together with no more than 14 hours of other non-simulcast programming in each broadcast week.

4.

The applicants indicated that each proposed undertaking would use three transmitters. One would be located at the Canadian Broadcasting Corporation's (CBC) site at Camp Fortune, Quebec. The other two transmitters would be located in Ottawa, one at the CBC's building on Lanark Avenue and the other at the Time MCI Las Brisas building.

5.

The applicants proposed to operate all three transmitters in a single frequency network, using 1484.208 MHz (DRB channel 19) with an effective isotropic radiated power of 5,928 watts, 2,850 watts and 2,965 watts, respectively.

6.

The applicants stated that the transmitters would 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.

Interventions

7.

The Commission did not receive any intervention in connection with these applications.

The Commission's determination

8.

The Commission finds that the applications are fully consistent the guidelines for transitional DRUs set out in A policy to govern the introduction of digital radio, Public Notice CRTC 1995-184, 29 October 1995 (Public Notice 1995-184). In the circumstances, the Commission approves the applications by Rogers and CHEZ-FM Inc. for broadcasting licences to operate transitional DRUs to serve Ottawa.

9.

As outlined in Public Notice 1995-184, the Commission expects each licensee to ensure that the main programming signal of each DRU is not noticeably degraded by the shifting of capacity from the DRU to ancillary services.

10.

The Commission encourages each licensee to experiment, during the periods of separate programming, with new and innovative forms of programming that make use of the unique features of digital radio technology. The Commission considers that this type of exploration is an important element of the transitional stage in the introduction of digital radio and could provide valuable information to the radio industry.

11.

At the same time, the Commission notes that, consistent with Public Notice 1995-184, each licence will be subject to the conditions of licence in effect under the current licence issued to its associated station. The Commission recognizes that these conditions of licence may restrict the licensee's ability to experiment during the periods of separate programming. The licensee may wish to file an application to amend its transitional DRU licence if it considers that additional flexibility is needed to make full use of the periods of separate programming for this purpose. The Commission would be prepared to deal with such an application expeditiously.

Issuance of the licences

12.

Each licence will expire 31 August 2005. This licence term 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 expects that, once its long-term policy is in place, the transition to full-term digital radio licences should generally involve a simple, streamlined process.

13.

Each licence will be subject to the conditions set out in the appendix to this decision and in the licence to be issued.

14.

The licence for each undertaking will be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 13 November 2004. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Employment equity

15.

Because these licensees are subject to the Employment Equity Act and files reports with Human Resources Development Canada, their employment equity practices are not examined by the Commission.

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

Appendix to Broadcasting Decision CRTC 2002-365

Transitional digital radio undertakings (DRU) in Ottawa

Conditions of licence for each transitional DRU

a) the licensee's corresponding FM or daytime AM coverage areas; that is, the 0.5 millivolt per metre coverage area, or

b) the digital service area allotted to the licensee under the Department of Industry's spectrum allocation plan.