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Broadcasting Decision CRTC 2003-587
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Ottawa, 20 November 2003
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Fairchild Radio Group Ltd.
Toronto, Ontario
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Application 2003-0279-5
Public Hearing in the National Capital Region
29 September 2003
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Transitional digital radio undertaking in Toronto
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In this decision, the Commission approves an application for a new transitional digital radio undertaking to serve Toronto.
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The application
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1.
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The Commission received an application by Fairchild Radio Group Ltd. (Fairchild) for a broadcasting licence to operate a transitional digital radio undertaking (DRU) to serve Toronto, associated with its existing station CHKT Toronto.
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2.
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Fairchild proposed to simulcast, on a transitional DRU, the programming of its associated station, CHKT, together with no more than 14 hours of non-simulcast programming in each broadcast week. The non-simulcast programming would consist of news and talk shows in Chinese languages, and would be offered two hours daily between 10 p.m. and midnight, Monday through Friday.
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3.
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The proposed undertaking would use a transmitter located on the CN Tower. The applicant proposed to operate the transmitter using 1,454.560 MHz (DRB channel 2) with an effective isotropic radiated power of 5,084 watts.
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Interventions
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4.
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The Commission did not receive any interventions in connection with this application.
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The Commission's determination
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5.
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The Commission finds that Fairchild'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 theapplication by Fairchild Radio Group Ltd. for a broadcasting licence to operate a transitional DRU to serve Toronto.
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6.
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As outlined in Public Notice 1995-184, the Commission expects the licensee to ensure that the main programming signal of the DRU is not noticeably degraded by the shifting of capacity from the DRU to ancillary services.
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7.
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The Commission notes that, consistent with Public Notice 1995-184, the licence will be subject to the conditions in effect under the current licence issued to its associated station. The Commission recognizes that these conditions 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.
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Issuance of the licence
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8.
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The licence will expire 31 August 2006. 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.
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9.
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The licence will be subject to the conditions specified therein and in the appendix to this decision.
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10.
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The licence for this undertaking will be issued once the applicant 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 20 November 2005. 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.
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Employment equity
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11.
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In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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Secretary General
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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: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2003-587
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Conditions of licence
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1. The licensee shall adhere to the conditions in effect under the licence issued to CHKT Toronto, the station associated to the transitional digital radio undertaking (DRU).
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2. The licensee shall adhere to Parts 1 and 1.1 of the Radio Regulations, 1986.
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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.
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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.
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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.
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6. The digital radio signal broadcast by the transitional DRU associated with the AM undertaking shall be broadcast from a single primary digital radio transmitter. The transmitter shall be located so as to ensure that the resulting digital radio coverage area does not exceed the lesser of:
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a) the licensee's corresponding daytime AM coverage area; that is, the 0.5 millivolt per metre coverage area, or
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b) the digital service area allotted to the licensee under the Department of Industry's spectrum allocation plan.
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7. The licensee shall have full control over the transmission of its programming, regardless of the ownership of the transmission facilities that it uses.
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Date Modified: 2003-11-20