ARCHIVED - Broadcasting Decision CRTC 2010-738

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Route reference: 2010-69

Additional reference: 2010-382

Ottawa, 6 October 2010

Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership
Vancouver, British Columbia

Application 2010-0908-5, received 1 June 2010

CHAN-TV Vancouver – Licence amendment

The Commission approves an application by Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership (Canwest), in order to amend the broadcasting licence for the television station CHAN-TV Vancouver to add a digital transmitter in Vancouver.

Introduction

1. The Commission received an application by Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership (Canwest), to amend the broadcasting licence for the television programming undertaking CHAN-TV Vancouver to add a digital transmitter (CHAN-DT) in order to serve the population of Vancouver.

2. The new transmitter would operate on channel 22 with an average effective radiated power (ERP) of 22,000 watts (maximum ERP of 40,000 watts with an effective height of antenna above average terrain of 656 metres). The Commission notes that CHAN-DT would operate on a channel that is different than the one allotted in the Department of Industry’s (the Department’s) DTV Post-Transition Allotment Plan.

3. In Revised licensing framework for over-the-air digital television services, Broadcasting Regulatory Policy CRTC 2010-69, 10 February 2010, the Commission stated that it would not issue separate licences for digital television transmitters. Instead it would authorize the operation of digital transmitters by way of an amendment to the existing licence that would allow the simulcast of the associated service’s programming on a digital transmitter. In light of the Commission’s determinations set out in that policy, the Commission has considered this application as an amendment to the existing licence.

4. The Commission received an intervention in opposition from ZoomerMedia Limited (ZoomerMedia). The intervention, and Canwest’s reply can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

Commission’s analysis and determination

5. After examining the application in light of the applicable regulations and policies, the Commission considers that the issue to be addressed in its determination is the potential interference with ZoomerMedia’s allotment for Victoria in the Department’s DTV Post-Transition Allotment Plan.

6. In its intervention, ZoomerMedia stated that the proposed technical change would cause interference to 2,544 potential viewers of its planned digital rebroadcasting transmitter CHNU-DT-1 Victoria, and therefore requested Canwest's cooperation with testing and remedying interference. In addition, ZoomerMedia submitted that if Canwest were to use channel 8, its allocated channel in the Department’s DTV Post-Transition Allotment Plan, the risk of ZoomerMedia viewers losing service due to interference would be greatly reduced.

7. In reply, Canwest estimated that only 1,233 potential CHNU-DT-1 viewers may lose service due to interference, and argued that its own use of channel 8 would result in significanlty reduced coverage compared to the use of channel 22. Canwest also noted that it would be willing to reach a mutual solution with ZoomerMedia.

8. The Commission considers that the number of potentially affected viewers is relatively small, and notes the parties’ willingness to cooperate in order to solve any potential coverage loss issues. As such, the Commission believes the impact of the proposed transmitter would be minimal. In addition, the Commission notes that it is the responsibility of the parties involved and of the Department to resolve any interference issues.

Conclusion

9. In light of the above, the Commission approves the application by Canwest Television GP Inc. (the general partner) and Canwest Media Inc. (the limited partner), carrying on business as Canwest Television Limited Partnership, to amend the broadcasting licence for the television programming undertaking CHAN-TV Vancouver to add a digital transmitter in order to serve the population of Vancouver.

10.  The Commission reminds the licensee that, pursuant to section 22(1) of the Broadcasting Act, the licence amendment will not be in effect until the Department notifies the Commission that its technical requirements have been met and that a broadcasting certificate has been issued.

11.  The transmitter must be operational at the earliest possible date and in any event no later than 31 August 2011. The Commission expects the licensee to inform it in writing once this transmitter is in operation.

Secretary General

*This decision is to be appended to the licence.

 
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