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ARCHIVED - Broadcasting Public Notice CRTC 2004-8

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Broadcasting Public Notice CRTC 2004-8

  Ottawa, 20 February 2004
 

Call for comments on a proposed exemption order for certain low-power radio undertakings

  The Commission calls for comments on a proposed exemption order for the following class of undertaking:
 

Low-power radio undertakings that provide recorded messages about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists.

  The proposed exemption order is set out in the appendix to this notice. The deadline for interested parties to submit their comments is 20 April 2004.
 

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, whether with respect to the Canadian programming carried by undertakings of that class, or the expenditures on Canadian programming made by such undertakings; and

 

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 requirements.

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 order

4.

The Commission proposes to exempt from regulation low-power radio undertakings that provide traffic and tourist information. This class of undertaking would be defined as follows:
 

These low-power radio undertakings provide the travelling public with recorded messages about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists.

5.

The Commission considers that while the services are a valuable component of the broadcasting system, they meet the criteria set out in paragraph 2 above.
 

Call for comments

6.

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 20 April 2004.

7.

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

8.

Interested parties can file their comments to the Secretary General of the Commission by using ONE of the following formats:
 
  • Intervention/Comments form
    available from the Commission's web site by indicating and selecting this public notice number under the Decisions, Notices and Orders section
 

OR

 
  • by electronic mail to
    procedure@crtc.gc.ca
 

OR

 
  • by mail to
    CRTC, Ottawa, Ontario K1A 0N2
 

OR

 
  • by fax at
    (819) 994-0218

9.

Submissions longer than five pages should include a summary.

10.

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.

11.

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.

12.

The Commission encourages interested parties to monitor the public examination file and 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
Gatineau, 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
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 to Broadcasting Public Notice CRTC 2004-8

 

Exemption order for low-power radio providing traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists

  The Commission pursuant to subsection 9(4) of the Broadcasting Act (the Act), by this order, exempts from the requirement of Part II 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 the travelling public with recorded messages about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists.
 

Description

 

1. The undertaking meets all technical requirements of the Department of Industry (the Department) and has acquired all authorizations or certificates prescribed by that Department.

 

2. The low-power 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. The undertaking broadcasts with a transmitter power of less than 100 watts in the AM band, or with a maximum effective radiated power (ERP) of 50 watts with a maximum transmitting antenna height of 60 metres in the FM band as defined by the Department in Parts II and III of its Broadcasting Procedures and Rules.

 

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 programming provided by the undertaking consists of recorded messages which provide drivers of motor vehicles with information about traffic, weather conditions, highway construction and closures, conditions on bridges and in mountain passes, and information, broadcast without consideration, relating to attractions of interest to tourists.

 

5. The undertaking does not rebroadcast the programming service of any licensed or exempted radio or television undertaking.

 

6. The programming provided by the undertaking contains no music or advertising material.

 

7. The undertaking does not broadcast programming that is religious or political in nature.

 

8. The undertaking's programming complies with the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB's) Sex-role portrayal code for television and radio programming and the provisions of the CAB's Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

Date Modified: 2004-02-20

Date modified: