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ARCHIVED - Broadcasting Public Notice CRTC 2002-80

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Broadcasting Public Notice CRTC 2002-80

See also: 2002-80-1

Ottawa, 20 December 2002

Proposed exemption orders

The Commission calls for comments on proposed exemption orders for the following four classes of low-power radio and low-power television undertakings:

  • Radio undertakings for tourist and traffic information in national/provincial parks and on historical trails;
  • Atmospheric environment services from Environment Canada, local and marine weather, road and boating conditions, ferry schedules and traffic control;
  • Trucking/logging and road maintenance vehicles; and
  • Low-power encrypted television: limited duration special event facilitating undertakings.

The proposed exemption orders are set out in the appendix to this notice. The deadline for interested parties to submit their comments is Tuesday, 18 February 2003.

The Commission's policy on exemption orders

1.

Section 9(4) of the Broadcasting Act (the Act) states:

The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).

2.

In Policy regarding the use of exemption orders, Public Notice CRTC 1996-59, 26 April 1996 (Public Notice 1996-59), the Commission stated that it would generally exempt classes of programming undertakings only where the following two criteria are met:

i) it is evident to the Commission that the licensing and regulation of the class of undertaking will not result in a significantly greater contribution to the Canadian broadcasting system;

ii) it is evident to the Commission that undertakings operating under the exemption order will not have an undue impact on the ability of licensed undertakings to fulfil their regulatory obligations.

3.

The Commission has reviewed the regulation of certain classes of undertakings with a view to streamlining its processes and reducing the regulatory burden on licensees. As set out in Public Notice 1996-59, all new exemption orders are reviewed through a public process, normally five years from the date of issuance of the order.

Proposed new exemption orders

4.

The Commission proposes to exempt from regulation the following classes of undertakings that meet the criteria set out in paragraph 2 of this public notice.

5.

The Commission considers that while the services are a valuable component of the broadcasting system, the licensing and regulation of classes of undertakings set out in the appendix would not contribute in a material manner to the realization of the objectives of the Act.

Radio undertakings for tourist and traffic information in national/provincial parks and on historical trails

6.

These low-power undertakings provide tourists within national and provincial parks with traffic control information and messages about the history and natural features of parks and historical trails throughout Canada. The information provided is narrowly defined and specific to each location.

7.

Because these low-power undertakings have limited reach, the Commission is of the view that exempting this class will not have a significant impact on the ability of licensed undertakings to fulfil their obligations.

Atmospheric environment services from Environment Canada, local and marine weather, road and boating conditions, ferry schedules and traffic control

8.

These low-power broadcasting undertakings provide information to boating enthusiasts and the general public about local and marine weather, road and boating conditions, ferry schedules, parking and traffic control, and in some cases, atmospheric environment services from Environment Canada.

9.

Such undertakings also have a limited reach. Accordingly, the Commission is of the view that the proposed exemption of this class will not have an impact on conventional licensees.

Trucking/logging and road maintenance vehicles

10.

There are hundreds of forestry roads in remote parts of Canada where the public meets large construction and maintenance vehicles on a daily basis. Because of the concern for the safety of drivers on these roads, the implementation of the proposed exemption order would allow trucking companies to provide warning information to drivers, without having to apply to the Commission for a licence.

11.

The Commission, therefore, proposes to issue an exemption order to cover this class of low-power, narrowly defined undertaking whose service will be provided in remote areas of the country.

Low-power encrypted television: limited duration special event facilitating undertakings

12.

The purpose of these low-power television undertakings will be to provide encrypted coverage of special events such as automobile racing, golf and tennis tournaments, local music festivals, conventions or trade shows. The encrypted signal will be accessible only to those who rent a special decoding receiver that will allow for reception of the signal on the site of the event.

13.

The Commission proposes to require that the undertaking operate for a single period consisting of no more than 14 consecutive days in any calendar year or during the duration of the event, whichever is shorter.

14.

The Commission considers that exempting this type of encrypted television service would not have an undue impact on the ability of licensed undertakings to fulfil their obligations since the service is highly specialized and is available only to those attending the event who rent a decoder receiver.

Call for comments

15.

The Commission invites comments that address the issues and questions set out in this notice. The Commission will accept comments that it receives on or before Tuesday, 18 February 2003.

16.

The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.

Procedures for filing comments

17.

Interested parties can file their comments either electronically (i.e. by email) or on paper. Submissions longer than five pages should include a summary.

18.

Parties wishing to file their comments electronically can do so by sending them to procedure@crtc.gc.ca.

19.

Parties wishing to file their comments on paper should send them to the Secretary General, CRTC, Ottawa, K1A 0N2.

20.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

21.

The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca but only in the official language and format in which they are submitted. Such comments may be accessed in the Public Proceedings section of the CRTC web site. Copies of all comments, whether filed on paper or in electronic form, will also be placed on the public examination file.

22.

The Commission encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their comments.

Examination of public comments and related documents at the following Commission offices during normal business hours

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218

Metropolitan Place,
99 Wyse Road, Suite 1410,
Dartmouth, Nova Scotia, B3A 4S5.
Tel: (902 426-7997 - TDD: 426-6997
Fax: (902) 426-2721

405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689

55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317

Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319

10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214

530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322

Secretary General

This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

 

Appendix

 

Proposed exemption order for low-power radio providing tourist and traffic information in national/provincial parks and on historical trails

 

The Commission pursuant to subsection 9(4) of the Broadcasting Act (the Act),by this order, exempts from the requirement of Part ll of the Actand any regulations, those persons carrying on broadcasting undertakings of the class defined by the following criteria:

 

Purpose

 

The purpose of these radio programming undertakings is to inform tourists in national or provincial parks and on historical trails about the features of the parks and trails, and to provide traffic control information.

 

Description

  1. The undertaking meets all technical requirements of the Department of Industry (the Department) and has acquired all authorizations or certificates prescribed by the Department.
  2. The undertaking operates between 525 kHz and 1705 kHz in the AM frequency band or between 88 MHz and 107.5 MHz in the FM frequency band.
  3. The undertaking broadcasts with a transmitter power of less than 100 watts in the AM band, and with a maximum effective radiated power of 50 watts with a maximum transmitting antenna height of 60 metres in the FM band.
  4. The Commission would not be prohibited from licensing the undertaking by virtue of any Act of Parliament, of the Direction to the CRTC (Eligible Canadian Corporations) or of any direction to the Commission by the Governor in Council.
  5. The programming consists of recorded messages which provide tourists with information about the features of the national and provincial parks and historical trails, and with traffic control information.
  6. The undertaking's transmitter is located in, or immediately adjacent to, the park or trail served by it.
  7. The undertaking does not rebroadcast the programming of any other undertaking.
  8. The programming provided by the undertaking contains no advertising material.
  9. The undertaking does not broadcast programming that is religious or political in nature.
  10. The undertaking's programming complies with the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-role Portrayal Code for Television and Radio Programming and the provisions of the CAB's Voluntary Code Regarding Violence in Television Programming, as may be amended from time to time and approved by the Commission.
 

Proposed exemption order for low-power radio providing weather reports; marine and road conditions, ferry schedules and traffic control

 

The Commission pursuant to subsection 9(4) of the Broadcasting Act (the Act), by this order, exempts from the requirement of Part ll of the Act and any regulations, those persons carrying on broadcasting undertakings of the class defined by the following criteria:

 

Purpose

 

The purpose of these radio programming undertakings is to provide recorded messages relating to local and marine weather, atmospheric conditions, road and boating conditions, ferry schedules and marine traffic information to the travelling public.
 

Description

  1. The undertaking meets all technical requirements of the Department of Industry (the Department) and has acquired all authorizations or certificates prescribed by the Department.
  2. The undertaking operates between 525 kHz and 1705 kHz in the AM frequency band or between 88 MHz and 107.5 MHz in the FM frequency band.
  3. The undertaking broadcasts with a transmitter power of less than 100 watts in the AM band, and with a maximum effective radiated power of 50 watts with a maximum transmitting antenna height of 60 metres in the FM band.
  4. The Commission would not be prohibited from licensing the undertaking by virtue of any Act of Parliament, of the Direction to the CRTC (Eligible Canadian Corporations) or of any direction to the Commission by the Governor in Council.
  5. The programming provided by the undertaking consists of recorded messages providing information on local and marine weather, atmospheric conditions, road and boating conditions, ferry schedules and marine traffic information only.
  6. The undertaking does not rebroadcast the programming service of any other undertaking.
  7. The programming provided by the undertaking contains no music or advertising material.
  8. The undertaking does not broadcast programming that is religious or political in nature.
  9. The undertaking's programming complies with the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-role Portrayal Code for Television and Radio Programming and the provisions of the CAB's Voluntary Code Regarding Violence in Television Programming, as may be amended from time to time and approved by the Commission.
 

Proposed exemption order for very low-power FM radio warning systems

 

The Commission pursuant to subsection 9(4) of the Broadcasting Act (the Act), by this order, exempts from the requirement of Part ll of the Act and any regulations, those persons carrying on broadcasting undertakings of the class defined by the following criteria:

 

Purpose

 

The purpose of these very low-power, FM radio programming undertakings is to provide over-the-air warning information about the approach of logging trucks and large construction and maintenance vehicles to drivers who use forestry roads in remote areas.
 

Description

  1. The undertaking meets all technical requirements of the Department of Industry (the Department) and has acquired all authorizations or certificates prescribed by the Department.
  2. The undertaking operates between 88 MHz and 107.5 MHz in the FM frequency band.
  3. The undertaking operates with an effective radiated power of .5 watts or less.
  4. The Commission would not be prohibited from licensing the undertaking by virtue of any Act of Parliament, of the Direction to the CRTC (Eligible Canadian Corporations) or of any direction to the Commission by the Governor in Council.
  5. The undertaking's transmitting antenna is located on or by forestry roads in remote areas.
  6. The undertaking broadcasts solely in remote forestry areas.
  7. The programming provided by the undertaking consists solely of a brief pre-recorded message warning motorists that a large vehicle is approaching.
  8. The programming provided by the undertaking contains no music or advertising material.
  9. The undertaking does not broadcast programming that is religious or political in nature.
 

Proposed exemption order for low-power encrypted television: limited duration special event facilitating undertaking

 

The Commission pursuant to subsection 9(4) of the Broadcasting Act (the Act), by this order, exempts from the requirement of Part ll of the Act and any regulations, those persons carrying on broadcasting undertakings of the class defined by the following criteria:

 

Purpose

 

The purpose of these television programming undertakings is to allow those attending special, generally recognized events who rent a special receiver, to experience a fuller appreciation of those events through the provision of locally originated, encrypted programming related directly to these events.

 

Description

  1. The undertaking meets all technical requirements of the Department of Industry (the Department) and has acquired all authorizations or certificates prescribed by the Department, and satisfies the Department's technical requirements for the establishment of low power television stations on unprotected channels as described in BPR (Broadcasting Procedures and Rules) Part IV, Section E.
  2. The undertaking operates between 470 MHz and 746 MHz in the UHF TV frequency band with a transmitter power not exceeding a maximum peak visual output power of 500 watts.
  3. The Commission would not be prohibited from licensing the undertaking by virtue of any Act of Parliament, of the Direction to the CRTC (Eligible Canadian Corporations) or of any direction to the Commission by the Governor in Council.
  4. The undertaking operates as ancillary to, and for the purpose of facilitating, a special event.
  5. The operator of the undertaking takes all reasonable steps to ensure that people not attending the event do not receive the programming.
  6. The undertaking restricts its programming to the coverage of a specific recognized event and does not rebroadcast the programming service of any licensed or exempt television undertaking.
  7. The undertaking provides encrypted informational programming related directly to the event and may contain local commercial messages from advertisers within the community being served.
  8. The undertaking originates all of its programming from the property upon which the event takes place.
  9. The undertaking does not broadcast programming that is religious or political in nature.
  10. The undertaking is operated for a single period consisting of no more than 14 consecutive days in any calendar year or during the duration of the event, whichever is shorter.
  11. The undertaking's programming complies with the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-role Portrayal Code for Television and Radio Programming and the provisions of the CAB's Broadcast Code for Advertising to Children, and the CAB's Voluntary Code Regarding Violence in Television Programming, as may be amended from time to time and approved by the Commission.

Date Modified: 2002-12-20

Date modified: