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ARCHIVED - Broadcasting Decision CRTC 2004-69

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Broadcasting Decision CRTC 2004-69

  Ottawa, 30 January 2004
  Canadian Broadcasting Corporation
Toronto, Ontario
  Application 2003-0679-7
Public Hearing in the National Capital Region
17 November 2003
 

CBLT Toronto - transitional digital television licence

  In this decision, the Commission approves the application by the Canadian Broadcasting Corporation for a licence to operate a transitional digital television undertaking in association with CBLT Toronto.
 

The application

1. The Commission received an application by the Canadian Broadcasting Corporation (CBC) for a licence to operate a transitional digital television undertaking in association with CBLT Toronto. The applicant proposed that the station simulcast the current analog programming service of CBLT, with the exception of up to 14 hours per week of programming that would not be duplicated on the analog service. The digital undertaking would operate from the CN Tower on channel 20VL with an effective radiated power (ERP) of 38,000 watts.
 

Interventions

2. The Commission received one intervention in support of this application. In addition, the Canadian Cable Television Association (CCTA) offered general comments on the application. The CCTA recommended that the Commission establish clear minimums for the broadcast of enhanced or high definition (HD) programming and impose these minimums as conditions of licence.
3. The CBC did not respond to the CCTA's intervention.

 

The Commission's policy

4. The Commission set out its policy framework for the transition from analog to digital television in A licensing policy to oversee the transition from analog to digital, over-the-air television broadcasting,Broadcasting Public Notice CRTC 2002-31, 12 June 2002 (Public Notice 2002-31). Some of the key elements of that policy framework are the following:
 
  • Digital technology will be treated as a replacement for analog technology.
 
  • A voluntary, market-driven transition model, without mandated deadlines, is the most appropriate approach in Canada.
 
  • A new transitional digital television licence will be issued for each digital television undertaking, subject to the Commission's approval of an application. Licensees who wish to use digital television facilities to provide programming consisting essentially of a simulcast of their existing analog services will qualify for licensing, subject to specific terms and conditions. The duration of a licence term will be considered as part of the application process.
 
  • The Commission will give fast track consideration to applications by existing over-the-air broadcasters that accord with the Commission's transitional digital policy as set out in Public Notice 2002-31, and are based on the Department of Industry's (the Department's) DTV Transition Allotment Plan.
 
  • Existing broadcasters are encouraged to apply early for new transitional digital television licences and to implement the digital transmitters necessary to make the transition.
 
  • The Commission's existing policies and regulations, as well as the conditions of licence currently applicable to a broadcaster in respect of its analog television service, will also apply to any transitional digital programming service the broadcaster may be licensed to provide. These include requirements for the provision of 60% Canadian content during the broadcast year and 50% during the evening broadcast period, and for the exhibition of a minimum of 8 hours per week of priority programming where required by condition of licence.
 

The Commission's analysis and determination

5. Based on its examination of this application, the Commission is satisfied that it is in conformity with all applicable terms and conditions announced in Public Notice 2002-31 and in The Regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003. Accordingly, the Commission approves the application by the Canadian Broadcasting Corporation for a licence to operate a digital television undertaking in association with CBLT Toronto.
6. With regard to the CCTA's suggestion that the Commission establish clear minimums for the broadcast of enhanced or HD programming and impose those minimums as conditions of licence, the Commission notes that it has already established a process to examine these questions and established a policy, as outlined in Public Notice 2002-31.
 

Programming

 

Canadian content obligations and the 14-hour program allowance

7. The CBC made a commitment to simulcast the current programming service of CBLT with the exception of up to 14 hours per week of supplementary programming that would not be duplicated on the analog service. The applicant further committed to ensure that a minimum of 50% of the unduplicated, supplementary programming broadcast by the undertaking is Canadian. Consistent with the applicant's commitments, the Commission has imposed conditions of licence,set out in the appendix to this decision. The Commission further requires, by condition of licence, that all unduplicated, supplementary programming broadcast on the undertaking is broadcast in a wide screen, HD format.
 

Simulcast of high definition and wide screen programming

8. As part of this proceeding, the Commission asked the applicant to comment on the possible imposition of conditions of licence reflecting, among other things, the two key principles set out in Public Notice 2002-31 relating to the simulcast of HD and wide screen programming. Specifically, the Commission asked whether the CBC would adhere to conditions of licence requiring that:
 
  • all simulcast programming on the undertaking produced in the wide screen format (16:9 aspect ratio) be broadcast in that format; and
 
  • all simulcast programming on the undertaking aired during the evening broadcast period produced in HD be broadcast in HD.
9. In response, the CBC agreed to accept these conditions of licence. Accordingly, the Commission has imposed these conditions of licence on the new digital television undertaking.
 

Data transmission

10. In Public Notice 2002-31, the Commission expressed the view that high definition television (HDTV) should be used to promote the development of new Canadian programming of high quality, and to make this available to viewers in a picture format that is superior to the current analog National Television Standards Committee (NTSC) format. To that end, the Commission emphasized that broadcasters should ensure that the HD programming they purchase or produce is transmitted to viewers without loss of signal quality. Consistent with that aim, the Commission requires, by condition of licence, that the licensee ensure that the transmission of data does not affect the quality or quantity of HD programming.
 

Technical considerations

11. The undertaking will operate on channel 20VL with an ERP of 38,000 watts. The Commission is satisfied that these technical parameters will provide effective coverage to the Toronto area within the constraints of the Department's DTV Transition Allotment Plan.
 

Issuance of the licence

12. The Commission will issue a transitional digital television licence to the Canadian Broadcasting Corporation, subject to the conditions set out in the appendix to this decision. The licence will expire on 31 August 2007, coincident with the expiry of the licence for CBLT Toronto.
13. The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.
14. Furthermore, 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 30 January 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.
  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: www.crtc.gc.ca
 

Appendix to Broadcasting Decision CRTC 2004-69

 

Conditions of licence

 

1. In addition to the conditions set out below, the licence is subject to the terms and conditions applicable to the analog television station CBLT Toronto, as set out in Licences for CBC English-language television and radio renewed for a seven-year term, Decision CRTC 2000-1, 6 January 2000.

 

2. The licensee shall ensure that all programming broadcast on the undertaking is a simulcast of the programming broadcast on CBLT, with the exception of up to 14 hours per week of unduplicated, supplementary programming.

 

3. The licensee shall ensure that at least 50% of the unduplicated, supplementary programming broadcast on the undertaking is Canadian.

 

4. The licensee shall ensure that all unduplicated, supplementary programming broadcast on the undertaking is broadcast in a wide screen (16:9 aspect ratio), high definition format.

 

5. The licensee shall ensure that all programs that are simulcast on the undertaking, and that are available to the licensee in a wide screen (16:9 aspect ratio) format, are also broadcast in that format.

 

6. The licensee shall ensure that all programs that are simulcast on the undertaking during the evening broadcast period, and that are available to the licensee in high definition are also broadcast in high definition.

 

7. The licensee shall ensure that the transmission of data does not affect the quality or quantity of high definition programming.

Date Modified: 2004-01-30

Date modified: