ARCHIVED - Broadcasting Decision CRTC 2002-433

Broadcasting Decision CRTC 2002-433

Ottawa, 11 December 2002

Milestone Radio Inc.
Toronto, Ontario

Application 2002-0236-7
Public Hearing in the National Capital Region
12 August 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

1.

The Commission received an application by Milestone Radio Inc. (Milestone) for a broadcasting licence to operate a transitional digital radio undertaking (DRU) to serve Toronto, associated with its existing station, CFXJ-FM Toronto.

2.

Milestone 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.

3.

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.

4.

Milestone proposed to operate the transmitter using DRU frequency 1454.56 MHz (DRB channel 2) with an effective isotropic radiated power of 5,084 watts.

Interventions

5.

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

The Commission's determination

6.

The Commission finds that Milestone'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 Milestone for a broadcasting licence to operate a transitional DRU to serve Toronto.

7.

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.

8.

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.

9.

At the same time, the Commission notes that, consistent with Public Notice 1995-184, the 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

10.

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.

11.

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

12.

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 11 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

13.

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

Appendix to Broadcasting Decision CRTC 2002-433

Transitional digital radio undertaking (DRU) in Toronto

Conditions of licence

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

(a) the licensee's corresponding FM coverage area; 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.