Broadcasting Order CRTC 2013-620

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Route reference: 2013-278

Ottawa, 21 November 2013

Exemption order for low-power radio stations that provide tourist information

The Commission sets out an exemption order for low-power radio stations that provide tourist information.

The exemption order set out in Appendix 1 to this document comes into effect immediately. Licensees of radio stations that consider their operations to be eligible for exemption under the order may file a simple statement asking that the Commission revoke their licences.

Introduction

1. In Broadcasting Notice of Consultation 2013-278, the Commission called for comments on a proposed exemption order for low-power tourist information related radio programming undertakings.

2. The proposed exemption order combined existing exemption orders set out in appendices to Broadcasting Public Notice 2003-35 and Broadcasting Public Notice 2004-92 as amended by Broadcasting Order 2011-176. Given that the broadcast of tourist and traffic information are common elements to each of those exemption orders, the Commission was of view that combining them would allow similar types of undertakings to operate under one easily referenced document. The Commission considered that the wording of the proposed order was broad enough to allow currently exempted stations as well as other types of tourist information stations with little impact on the broadcasting system to qualify for exemption.

3. The Commission received comments from the National Campus and Community Radio Association (NCRA) and DBA Tourist Radio (DBA) in Kelowna, British Columbia. The public record for this proceeding is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

4. The NCRA submitted that the Commission should continue to licence low-power radio undertakings that provide tourist information. The NCRA submitted that community stations in smaller cities and towns may rely on advertising dollars from small local businesses and groups oriented to serving tourists. Such stations would face competition from tourist information stations for advertising.

5. The NCRA was also of the view that eliminating the requirement for licensing could result in a scarcity in the frequencies available for campus and community groups that wish to establish low-power radio stations, particularly in larger communities with few remaining frequencies or small communities close to urban areas. The NCRA noted that the current licensing requirement makes provision for community groups interested in establishing stations to submit interventions.

6. The DBA intervention addressed several of the points that the NCRA raised. It submitted that programming restrictions on tourist information stations limit overlap in listening between such stations and campus and community stations. DBA also stated that the seasonal nature of tourist information stations further limits their impact on the advertising available for campus and community stations.

7. With respect to concerns about allocation of radio spectrum, DBA noted that exempt tourist radio stations would be low-power operations and as such, their status would be unprotected.

Commission’s analysis and decisions

8. The Commission notes that, under the proposed exemption order, tourist information stations are limited to niche programming directed to tourists and may not broadcast musical selections except for incidental background music. As such they would appeal to limited audiences. The Commission therefore considers that tourist information stations would not attract sufficient advertising revenue to have an undue impact on campus and community stations.

9. The Commission considers that the usual spectrum management process will ensure that proposals for campus and community radio stations have a fair chance to be implemented. It is of the view that the easiest solution for a group wishing to launch a community or campus station in an area where frequencies are scarce is to apply to operate the station on a protected frequency. The Commission notes that the cost to implement a station with a power slightly more than 50 watts, which would enjoy protected status, would not be substantially more than that to implement a low-power station.

10. In light of the above, and in absence of other comments, the Commission finds that it is appropriate to adopt the proposed exemption order for low-power radio programming undertakings that provide tourist information.

Implementation

11. The exemption order set out in Appendix 1 to this document comes into effect immediately.

12. Appendix 2 sets out a list of low-power stations licensed to provide tourist information. Licensees of radio programming undertakings that consider their operations to be eligible for exemption under the order may file a simple statement asking that the Commission revoke their licences.

Secretary General

Related documents

• Call for comments regarding the exemption of low-power tourist information related radio programming undertakings from licensing requirements and associated regulations, Broadcasting Notice of Consultation CRTC 2013-278, 7 June 2013
• Amendments to the Exemption order for low-power radio programming undertakings providing 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, Broadcasting Order CRTC 2011-176, 11 March 2011
• Exemption order respecting a class of low-power radio programming undertakings, Broadcasting Public Notice CRTC 2004-92, 26 November 2004
• Exemption orders respecting certain classes of low-power and very low-power programming undertakings, Broadcasting Public Notice CRTC 2003-35, 10 July 2003

Appendix 1 to Broadcasting Order CRTC 2013-620

Terms and conditions of the exemption order for low-power radio tourist information related radio programming undertakings

Pursuant to subsection 9(4) of the Broadcasting Act (the Act), the Commission 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 public with live or pre-recorded messages with tourist related information that may include information about local traffic, weather and marine conditions, road and boating conditions, highway construction and closures, airport arrival and departure information, ferry and train schedules, current border crossing regulations and wait times, marine traffic information, conditions on bridges and in mountain passes, advisories of approaching large vehicles (example: logging trucks and large construction and road maintenance vehicles) and any other locally relevant information relating to attractions and events of interest to tourists or the 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 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, and with a maximum effective radiated power of 50 watts with a maximum transmitting antenna height of 60 metres in the FM band as defined by the Department of Industry 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 or any direction to the Commission by the Governor in Council.
4. The programming provided by the undertaking consists of live or pre-recorded messages which provide the public with information about local traffic, weather and marine conditions, road and boating conditions, highway construction and closures, airport arrival and departure information, ferry and train schedules, current border crossing regulations and wait times, conditions on bridges and in mountain passes, advisories of approaching large vehicles (example: logging, construction, road maintenance and other large vehicles) and any other locally relevant information relating to attractions and events 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 musical selections, except as incidental background music.
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’ Equitable portrayal code, as amended from time to time and approved by the Commission.
9. The undertaking adheres to the Canadian Association of Broadcasters’ Broadcast code for advertising to children, as amended from time to time and approved by the Commission.