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ARCHIVED - Broadcasting Decision CRTC 2004-122

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Broadcasting Decision CRTC 2004-122

  Ottawa, 19 March 2004
  O.K. Radio Group Ltd.
Victoria, British Columbia
  Application 2003-0233-1
Public Hearing in the National Capital Region
12 January 2004
 

Transitional digital radio undertaking in Victoria

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

The application

1.

The Commission received an application by O.K. Radio Group Ltd. (OK Radio) for a broadcasting licence to operate a transitional digital radio undertaking (DRU) to serve Victoria, associated with its existing station, CJZN-FM Victoria.

2.

OK Radio proposed to simulcast, on the 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 Malahat Ridge 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.

OK Radio proposed to operate the transmitter using DRU frequency 1,472.000 MHz (DRB channel 12) with an effective isotropic radiated power of 2,000 watts.
 

Interventions

5.

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

The Commission's determination

6.

The Commission finds that OK Radio'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 O.K. Radio Group Ltd. for a broadcasting licence to operate a transitional DRU to serve Victoria.

7.

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.

8.

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 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

9.

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

10.

The licence will be subject to the conditions specified therein and in the appendix to this decision.

11.

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 19 March 2006. 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

12.

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: http://www.crtc.gc.ca
 

Appendix to Broadcasting Decision CRTC 2004-122

 

Conditions of licence

 

1. The licensee shall adhere to the conditions of licence in effect under the current licence issued to its associated station, CJZN-FM Victoria.

 

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 FM or AM undertaking shall be broadcast from a single primary digital radio transmitter that is located so as to ensure that the resulting digital radio coverage area does not exceed the lesser of:

 

(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.

 

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: 2004-03-19

Date modified: