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ARCHIVED -  Broadcasting Decision CRTC 2003-581

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Broadcasting Decision CRTC 2003-581

  Ottawa, 19 November 2003
  Southshore Broadcasting Inc.
Leamington, Ontario
  Application 2001-0797-1
Public Hearing in the National Capital Region
29 September 2003
 

New low-power community television station in Leamington

  The Commission approves the application by Southshore Broadcasting Inc. to operate a low-power primarily English-language community television station in Leamington. The new station will operate on UHF channel 34 with a transmitter power of 400 watts.

1.

The Commission received an application by Southshore Broadcasting Inc. (Southshore) for a licence to operate a not-for-profit, low-power, primarily English-language community television programming undertaking in Leamington.

2.

The Commission notes that the Southshore application is the second such application seeking authority to carry on a low-power community television station considered by the Commission in the context of the policies set out in Policy framework for community-based media, Broadcasting Public Notice CRTC 2002-61, 10 October 2002 (Public Notice 2002-61). In that Public Notice, the Commission described its objectives for community-based media, namely to ensure the creation and exhibition of more locally-produced, locally-reflective community programming, thereby fostering diversity of voices and alternative choices, while facilitating the entry of new participants at the local level.

3.

Southshore is a "qualified corporation" as defined in the Direction to the CRTC (Ineligibility of Non-Canadians), P.C. 1997-486 as amended by P.C. 1998-1268.
 

Interventions

4.

The Commission received three interventions supporting this application. One intervention from the Canadian Broadcasting Corporation (CBC) opposed the application on the basis of UHF channel 34 potentially causing interference with UHF channel 35 which has been reserved by the Department of Industry (the Department) in its Digital Television Transitional Allotment Plan for CBET Windsor to establish a digital television (DTV) transmitter.

5.

In this regard, the Department advised that a very small pocket of interference to a channel 35 DTV allotment at Windsor may occur near the proposed Leamington site.

6.

Southshore acknowledged the potential interference problem, and confirmed its intention to vacate channel 34 should it be deemed necessary by the Department to protect a future CBET-DTV undertaking, if and when the CBC activates channel 35.
 

Programming

7.

Southshore proposes to broadcast 42.5 hours of programming per week. The proposed programming schedule would include a daily 4 1/2-hour block of programming broadcast Monday to Friday from 6:30 p.m. to 11 p.m. On Saturday and Sunday, respectively, 10 hours of programming would begin at 1:00 p.m. and end at 11 p.m. The programming would consist principally of newscasts, local sporting events, town council meetings, educational and instructional programs for all ages, human interest stories, tourism and multi-cultural programs to reflect the diverse cultural mix in the area. Programming would be in the English, French, German, Spanish, Italian, Portuguese and Lebanese languages.

8.

Southshore committed to maintain Canadian content at a level of 95%, as a minimum. Consistent with the minimum requirement specified in Public Notice 2002-61, and as set out in the appendix to this decision, it is a condition of licence that the licensee devote not less than 80% of the broadcast year to the broadcast of Canadian programs and not less than 60% of the broadcast year to the broadcasting of local programming.
 

The Commission's determination

9.

Based on its examination of the Southshore application, the Commission is satisfied that it complies with the objectives and requirements relating to low-power community-based television undertakings, as set out in Public Notice 2002-61. Accordingly, the Commission approves the application by Southshore Broadcasting Inc. to operate a not-for-profit, low-power, English-language community television programming undertaking to serve Leamington.

10.

The station will operate on channel UHF channel 34 with a transmitter power of 400 watts.

11.

The Commission reminds the applicant that, as noted in Public Notice 2002-61, the frequencies occupied by low-power television stations are unprotected. A low-power station that causes interference to a regular class station could be required to change its channel assignment, or to cease operation if no alternative frequency can be found. In this regard, the Commission notes the applicant's statement that:
 

Southshore Broadcasting recognized this potential conflict in May 2001 and maintains its commitment to vacate channel 34 for an alternate location, if and when CBET activates channel 35 DTV."

12.

The Commission restates the determination it reached in Public Notice 2002-61 that community television programming undertakings are subject to the Television Broadcasting Regulations, 1987 (the Regulations), including the requirements contained in the Regulations' section 10 pertaining to the retention of logs and records.

13.

The terms governing the carriage of community television broadcasting distribution undertakings are set out in the Broadcasting Distribution Regulations and the appendix to Public Notice 2002-61.
 

Issuance of the licence

14.

The licence will expire 31 August 2010 and will be subject to the conditionsspecified in the appendix to this decision and in the licence to be issued.

15.

The Commission reminds the applicant 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.

16.

Furthermore, 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 18 November 2005. 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: http://www.crtc.gc.ca 
 

Appendix to Broadcasting Decision CRTC 2003-581

 

Conditions of licence

 

1. The licensee shall devote not less than 80% of the broadcast year to the broadcast of Canadian programming.

 

2. The licensee shall devote not less than 60% of the broadcast year to the broadcast of local programming, as defined in Public Notice 2002-61.

 

3. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-role portrayal code for television and radio programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).

 

4. The licensee shall adhere to the provisions of the CAB's Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

 

5. The licensee shall adhere to the guidelines on the depiction of violence in television programming set out in the CAB's Voluntary code regarding violence in television programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the CBSC.

Date Modified: 2003-11-19