ARCHIVED - Broadcasting Decision CRTC 2002-427

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Broadcasting Decision CRTC 2002-427

Ottawa, 10 December 2002

1210361 Ontario Inc. and CHWO Radio Limited, Kenneth Harrigan, George Patton, Terry Patterson and Peter Gilgan, partners in AM 740 Primetime Radio, Limited Partnership
Toronto, Ontario

Application 2002-0239-1
Public Hearing at Toronto, Ontario
17 September 2002

Transitional digital radio undertaking in Toronto

In this decision, the Commission approves an application for a transitional digital radio undertaking to serve Toronto.

The application


The Commission received an application by 1210361 Ontario Inc. (general partner) and CHWO Radio Limited, Kenneth Harrigan, George Patton, Terry Patterson and Peter Gilgan (the limited partners), in AM 740 Primetime Radio Limited Partnership (1210361 Ontario Inc. et al.) for a broadcasting licence to operate a transitional digital radio undertaking (DRU) to serve Toronto, associated with its existing station, CHWO Toronto.


1210361 Ontario Inc. et al. proposed to simulcast, on its transitional DRU, the programming of its associated station together with no more than 14 hours of other non-simulcast programming in each broadcast week.


The transmitter for the proposed undertaking would be located at Toronto and 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.


1210361 Ontario Inc. et al. proposed to operate the transmitter using frequency 1454.56 MHz (DRB channel 2) with an effective isotropic radiated power of 5,084 watts.



The Commission did not receive any intervention in connection with this application.

The Commission's determination


The Commission finds that 1210361 Ontario Inc. et al.'s application is fully consistent with 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 application by 1210361 Ontario Inc. et al. for a broadcasting licence to operate a transitional DRU to serve Toronto.


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


The Commission encourages the 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.


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 licence


The 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 a full-term digital radio licence should generally involve a simple, streamlined process.


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


The licence for this 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 10 December 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


Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its 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:

Appendix to Broadcasting Decision CRTC 2002-427


Transitional digital radio undertaking (DRU) in Toronto


Conditions of licence

  1. The licensee shall adhere to the conditions of licence in effect under the current licence issued to its associated station.

2. The licensee shall adhere to Parts 1 and 1.1 of the Radio Regulations, 1986.

  3. The licensee is relieved of the requirement set out in section 10.1 of the Radio Regulations, 1986 to own and operate its transmitter.
  4. The licensee 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.
  5. The licensee 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.
  6. The digital radio signal broadcast by the transitional DRU associated with the existing AM undertaking shall be broadcast from a single primary digital radio transmitter that is located so that the resulting digital radio coverage area does not exceed the lesser of:

(a) the licensee's corresponding 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.

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

Date Modified: 2002-12-10

Date modified: