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Broadcasting Decision CRTC 2004-65
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Ottawa, 30 January 2004 |
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Craig Media Inc. (formerly Toronto One
Inc.)
Toronto and Hamilton, Ontario |
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Application 2003-0675-5
Public Hearing in the National Capital Region
17 November 2003 |
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CKXT-TV Toronto – transitional digital television licence
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In this decision, the Commission
approves the application by Craig Media Inc. for a licence to
operate a transitional digital television undertaking at Toronto, with a
second transmitter at Hamilton, in association with CKXT-TV Toronto. |
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The application
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1. |
The Commission received an application by
Craig Media Inc. (formerly Toronto One Inc.) (Craig) for a broadcasting
licence to operate a transitional digital television undertaking at
Toronto, with a second transmitter at Hamilton, Ontario, in association
with CKXT-TV Toronto. Craig proposed that the station simulcast the
current analog programming service of CKXT-TV Toronto, with the
exception of up to 14 hours per week of programming that would not be
duplicated on the analog service. The digital undertaking at Toronto
would operate on channel 66C with an effective radiated power (ERP) of
3,000 watts, and the transmitter in Hamilton would operate on channel
15C with an average ERP of 4,100 watts. |
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Interventions
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2. |
The Commission received one intervention in
opposition from TVN Television Niagara (TVN) and one intervention
offering general comments from the Canadian Cable Television Association
(CCTA). TVN opposed the use of channel 15C for the transmitter in
Hamilton. The intervener stated that it planned to apply for the use of
that channel for an analog television station to serve St. Catharines
and the Niagara Peninsula. TVN suggested that either channel 22C or
channel 48B would serve Craig’s purposes as well or better than channel
15C for a transmitter in Hamilton. |
3. |
In its intervention, 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. |
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The applicant’s replies
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4. |
In reply to TVN’s intervention, Craig
indicated that its application was consistent with the policy objectives
and principles in the Commission’s policy framework set out 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), and with the
Department of Industry’s (the Department’s) DTV Transition Allotment
Plan for digital television. The applicant also disagreed with TVN’s
suggestion that Craig could instead use channel 22C or channel 48B.
Craig indicated that neither of those channels would be suitable, and in
the case of channel 48B, would result in a channel of a lower class than
would be the result of using channel 15C. |
5. |
Craig disagreed with the recommendations
set out in the CCTA’s intervention. Craig expressed the view that its
application was consistent with the policy objectives and principles set
out in Public Notice 2002-31. Craig also stated that, due to the
difficulty of obtaining HD programming, it would make little sense to
impose a different set of regulatory obligations on the current
applicants in this proceeding. |
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The Commission’s policy
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6. |
The Commission set out its policy framework
for the transition from analog to digital television in Public Notice
2002-31. Some of the key elements of that policy framework are the
following: |
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- Digital technology will be treated as a replacement for analog
technology.
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- A voluntary, market-driven transition model, without mandated
deadlines, is the most appropriate approach in Canada.
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- 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.
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- 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’s DTV Transition Allotment
Plan.
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- Existing broadcasters are encouraged to apply early for new
transitional digital television licences and to implement the digital
transmitters necessary to make the transition.
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- 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.
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The Commission’s analysis and determination
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7. |
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. |
8. |
With respect to concerns expressed in the
TVN intervention, the Commission agrees with the applicant’s position,
and notes that Craig’s use of channel 15C for the transmitter at
Hamilton is consistent with the Department’s DTV Transition Allotment
Plan. As noted above, in Public Notice
2002-31, the Commission
stated that it would give fast track consideration to applications by
existing broadcasters that are based on the Department’s DTV
Transition Allotment Plan. |
9. |
Accordingly, the Commission approves
the application by Craig Media Inc. for a broadcasting licence to
operate a digital television undertaking in Toronto, with a transmitter
at Hamilton, in association with CKXT-TV Toronto. |
10. |
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. |
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Programming
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Canadian content obligations and the 14-hour program allowance
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11. |
The applicant made a commitment to
simulcast the current programming service of CKXT-TV 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. |
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Simulcast of high definition and wide screen programming
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12. |
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 Craig
would adhere to conditions of licence requiring that: |
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- all simulcast programming on the undertaking produced in the wide
screen format (16:9 aspect ratio) be broadcast in that format; and,
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- all simulcast programming on the undertaking aired during the
evening broadcast period produced in HD be broadcast in HD.
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13. |
Craig responded that it would accept these
terms as conditions of licence, provided that the words "if available"
were added. |
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Data transmission
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14. |
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. |
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Technical considerations
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15. |
The undertaking at Toronto will operate on
channel 66C with an ERP of 3,000 watts, and the transmitter at Hamilton
will operate on channel 15C with an ERP of 4,100 watts. The Commission
is satisfied that these technical parameters will provide effective
coverage to the Toronto and Hamilton areas within the constraints of the
Department’s DTV Transition Allotment Plan. |
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Issuance of the licence
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16. |
The Commission will issue a transitional
digital television licence to Craig Media Inc. subject to the
conditions set out in the appendix to this decision. The licence
will expire on 31 August 2008, coincident with the expiry of the licence
for CKXT-TV Toronto. |
17. |
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. |
18. |
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. |
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Employment equity
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19. |
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. |
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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 |