Land-use authorities must respond in a timely manner to tower requests: CAB, CBC

Broadcasters want Industry Canada to force land-use authorities (LUAs), generally municipalities, to respond within two months to tower requests. Both the Canadian Broadcasting Corp. (CBC) and the Canadian Association of Broadcasters (CAB) argue that a policy incorporating strict timelines is necessary, particularly as broadcasters move ahead with the digital transition, which will require either the construction of new towers or additions to existing infrastructure. If broadcasters don’t get the approval of the LUA in a timely manner, they can be refused technical approval from Industry Canada - information that the CRTC requires of all broadcast licence applicants. "Since many existing broadcasting towers are already fully loaded with antennas, the digital transition has the potential to produce a considerable demand for new tower sites, as well as for replacement towers or substantial upgrades at existing sites," the CAB notes in its October 17 submission to Industry Canada’s consultation on its antenna policy. Currently, LUAs are asked to respond to tower requests within 60 days of receiving notification, and to complete public consultations on a particular tower project within 120 days. But the CAB complains that the current system provides LUAs with the possibility of dragging their feet. It notes that the 60-day time limit that LUAs have to make their views known is not a requirement but a guideline. The CAB states that a strict deadline for initial LUA responses to broadcaster notifications is essential if broadcasters are going to be obliged to consult on each and every application for new or amended transmission facilities. "It is illogical to require all other participants in the broadcast licensing process to meet submission deadlines and not to require this of the LUAs as well. Given the increasingly competitive nature of the licensing process, the absence of deadlines will mean that some applicants in competitive hearings will have to withdraw because they simply will not have time to complete the required consultations," the CAB notes. In its October 23 submission, the CBC echoes similar concerns. The CBC also worries that technical details about its proposed towers that are provided to LUAs before the licensing process could be used by competing applicants. The CAB is equally concerned. "Providing information to the LUA at an early date may supply competitors with valuable information about a broadcaster’s business plans, at a time when others may still be able to file competing applications, the CAB submission notes. "Once information is provided to LUAs, there is little likelihood that they will be able to preserve confidentiality until such time as the related application is made public by the CRTC and competing applications are no longer accepted by the commission." The CBC is asking the government to set strict time limits for notification and consultation with LUAs. "Moreover, these must follow the same procedural time limits set by the CRTC regulatory process. If LUAs do not respond within time, Industry Canada and the CRTC have to deem LUAs to have concurred with the proposals, and refuse to accept objections from LUAs if they have not filed them in a timely manner," the CBC states. "If the parties cannot make a decision within the established timelines, the final decision regarding tower location and characteristics must remain with Industry Canada which, in its turn, must make a timely decision." An alternative would be to change the process, according to the public broadcaster and the association representing Canada’s private broadcasters. The CAB recommends that Industry Canada issue pre-hearing technical clearances for all applications, which would be conditional upon LUA consultations occurring once a CRTC licence is granted. This approach would not only eliminate the need for strict deadlines but would also lower the workload of the LUAs and Industry Canada, reduce the regulatory burden on applicants, and do away with confidentiality concerns. Rogers Communications Inc. made a similar argument in its submission (CCR, Oct. 16/03).

Land-use authorities must respond in a timely manner to tower requests: CAB, CBC

News | 10/31/2003 5:00 am EST

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