ARCHIVED -  Public Notice CRTC 1988-78

Public Notice

Ottawa, 17 May 1988

Public Notice CRTC 1988-78

EDUCATIONAL AND INSTITUTIONAL RADIO

- ADOPTION OF THE PROPOSED POLICY

Related Documents: Public Notices CRTC l987-79 dated 20 March l987 and CRTC l987-255 dated 26 November l987 and Decision CRTC 87-l92 dated 20 March l987.

l. INTRODUCTION

On 26 November l987 the Commission issued Public Notice CRTC l987-255 which outlined a proposed policy for Educational and Institutional Radio. The Notice concluded with a call for public comment on the policy and indicated that after reviewing the comments, the Commission would decide if a public hearing would be necessary. This document includes a summary and discussion of the comments received, and the Commission's decision with respect to the adoption of the policy.

2. THE SUBMISSIONS

A total of nine submissions were received in response to the proposed policy. Comments were received from the Quebec Department of Communications and three provincial educational broadcasters including The Ontario Educational Communications Authority (TVOntario), La Société de radio-télévision du Québec (Radio-Québec), and Knowledge Network of the West Communications Authority (KNOW). In addition, comments were submitted by the licensee of an institutional station (CIXX-FM), Radio Communautaire du West Island Inc., The National Advisory Council on Aging, North-West Aurora Enterprises, and Mrs. Dorothy Smith Gooden of Salmon Arm, B.C.

Most of the submissions supported the proposed policy. TVOntario noted that the proposal adequately reflected its concerns about the licensing of educational radio services, stating: "We support the Commission's move to establish a special licensing class for "Provincial Educational" radio exclusive to services which fulfill all the criteria of Order-in-Council P.C. l985-2l05. We appreciate that the Commission has left room for services, other than those operated by provincial authorities, to provide educational content on radio".

KNOW also expressed support stating: "The network believes that the new policy framework will provide an enabling mechanism for continued innovation in the educational use of radio".

However, some submissions raised issues which the Commission wishes to discuss further. The Quebec Department of Communications raised the question of the possible involvement of provincial governments with Institutional stations similar to the involvement that they currently have with stations classified as Provincial Educational. In the proposed policy an Institutional station was defined as follows: "This is a station, other than a provincial educational or student station, which is owned or controlled by a non-profit organization associated with an in stitution of post-secondary education".

The Quebec Department of Communications considers that, since education is a provincial responsibility, before any station associated with an educational institution comes to the Commission for a licence, provincial authorities should have had the opportunity to determine whether its programming is educational. This would mean that provincial governments would have an influence on the operation and programming of Institutional stations similar to that which they have over Provincial Educational stations operated by independent corporations as defined in Order-in-Council P.C. l985-2l05.

In the past, the Commission has not required that program schedules of Institutional stations have an educational orientation. Also included in the current Institutional category are student FM stations, of which there are currently 2l. The proposed policy suggested that they be classified separately. However, in the new definitions, a Student station will continue to be defined as being licensed to a non-profit corporation operated by the students of a post-secondary educational institution.

The only station currently operating that would qualify as an Institution al station under the new definitions is in Ontario. CIXX-FM is associated with Fanshawe College in London. A requirement that all programming on that station be educational would raise serious problems for CIXX-FM. Although it does provide some formal course material and alternative programming, its primary role has been to provide training for student broadcasters enrolled in Fanshawe College's Radio Arts Course. The Commission has accepted this role over the years.

In spite of these issues, the Commission recognizes the concerns of the Quebec Department of Communications with respect to the activities of educational institutions. However, it believes that such concerns should be resolved by the provincial authorities and the educational institutions themselves.

Although Radio-Québec supported the Commission's approach to educational radio, it expressed concern that the Commission might, in future, receive a large number of applications for Institutional stations that might eventually prove not to be viable. It was also of the view that provincial educational authorities should have maximum autonomy in making programming decisions for Provincial Educational stations. The Commission acknowledges these concerns and, as it does for other types of stations, will expect applicants for licences to operate Institutional stations to have adequate funding. The Commission also notes that the policy proposed the same flexibility for programming on educational radio as is currently allowed educational television. Programming on such undertakings will be assessed on a case-by-case basis, using as a guide the Direction to the CRTC (Inelegibility to Hold Broadcasting Licences), Order-in-Council P.C. l985-2l08 as a guide.

In its submission, CIXX-FM expressed concern about that portion of the proposed policy which deals with programming on Institutional stations. The policy generally proposed that such stations should perform roles not filled by existing broadcasters. With respect to music, the proposed policy stated:

Such stations should provide a range of music, including music which is not generally available from commercial stations. Traditional and Special Interest music should be included in the programming.

CIXX-FM was concerned that this policy would mean that it would have to reduce the amount of popular music (category 5) that it plays. Such a move would require CIXX-FM to change its current plan of operation whereby it operates in a Group l format from 7 a.m. to 6 p.m. and switches to alternative forms of programming during the evening hours. CIXX-FM considers this format to be essential since the primary purpose of the station is to train students in Fanshawe College's broadcasting courses, the majority of whom eventually find employment in the commercial broadcasting sector.

The Commission notes that the proposed policy did not state that only music not available on other stations should be played on Institutional stations, but rather asks that a range of music be played including music not broadcast by other stations in the market. The Commission further notes that it has accepted CIXX-FM's role over the years and considers that it meets the policy because of its training role, the alternative programming aired each evening, and the l3 hours 30 minutes of community access programming and 9 hours 30 minutes of Traditional and Special Interest music offered each week.

The National Advisory Council on Aging stated that radio can play a significant role in providing information about aging as well as education for seniors and for those who work with seniors. The Commission agrees with these views and urges educational and institutional broadcasters to include such programming in their schedules.

The Commission also received an intervention from an organization called Radio Communautaire du West Island of Dorval/Pointe-Claire, Quebec. It suggested that education al radio should be encouraged to provide programming in both official languages. It also indicated that it intended to file an application for a station that would fall into the "Other Special FM" category. While in no way wishing to discourage such an application, the Commission wishes to point out that the Other Special FM category was proposed for those stations that clearly do not fall into the other categories of Special FM (Provincial Educational, Student, Institutional, or Community). Stations meeting the definition of community radio as set out in the Commission's community radio policy will therefore continue to be judged according to the standards set out in that policy.

In this regard, the Commission wishes to emphasize that it would not be willing to allow new stations falling into the Other Special FM category in markets already served by community stations to meet lower levels of Spoken Word programming or to air higher levels of advertising than local community stations unless an applicant can clearly demonstrate why such a proposal would be of benefit to the public.

3. ADOPTION OF THE POLICY

Public Notice CRTC l987-255, in which the proposed policy was enunciated, indicated that the Commission would decide if a public hearing would be held based on the comments received. The Commission notes that none of those commenting requested a public hearing and that most expressed support for the proposed policy. The Commission considers that the issues raised by those who submitted comments have been adequately addressed in the present notice. It therefore announces that, effective today, it adopts the policy for Educational and Institutional Radio proposed in Public Notice CRTC l987-255, subject to the comments set out in this notice.

a) Definitions

There are five types of stations contained in the Commission's Special FM Class of licence -- Community, Provincial Educational, Institution al, Student and Other Special FM. The definition of Special FM, as set out in the Radio Regulations, l986 is as follows:

A Special FM licence is an FM licence, other than a CBC FM licence, where the number, duration or kind of commercial messages that may be broadcast is restricted by a condition of licence.

The definitions of the five types of Special FM stations are as follows:

Community: This station is characterized by its ownership, programming and the market it is called to serve. It is owned or controlled by a non-profit organization whose structure provides for membership, management, operation and programming primarily by members of the community at large. (This definition was set out in Public Notice CRTC l985-l94 "A Review of Community Radio" and is repeated here for convenience.)

Provincial Educational: This is a station controlled by an "independent corporation", as defined in the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) issued as Order-in-Council P.C. l985-2l05, and which broadcasts primarily educational programming as described in the Direction.

Student: This is a station which is owned or controlled by a non-profit organization and has a structure providing for membership, direction, management, operation and programming primarily by students of the institution of post-secondary education with which it is associated.

Institutional: This is a station, other than a provincial educational station or student station, which is owned or controlled by a non-profit organization associated with an institution of post-secondary education.

Other Special: This is a station owned or controlled by a non-profit organization that is not a Community, Provincial Educational, Student, or Institutional station.

b) Programming and Advertising

The Commission adopts the following standards for programming and advertising on Provincial Educational, Institutional, and Other Special FM stations which are the three types of special FM stations covered by this view. (The policy for Community Radio is set out in Public Notice CRTC l985-l94 "A Review of Community Radio". Student Radio policy will be the subject of a separate review.)

These standards are designed to reinforce the Commission's past policy to ensure that private non-profit radio provides a service that is distinct from that provided by other types of stations. The Commission has also striven to make the guide lines as flexible as possible in the recognition that very few stations are currently involved and that the special nature of each station makes it necessary for the Commission to be able to respond to individual circumstances. Although the definitions make primary reference to FM radio, the Commission will apply the same policy guidelines to Provincial Educational, Institutional, and Other Special stations which operate on AM frequencies.

i) Provincial Educational Stations

The Commission will assess programming proposals for such stations on a case-by-case basis, as it does for television stations operated by provincial educational authorities, using as a guide the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences), Order-in-Council P.C. l985-2l08. The Direction generally states that the programming on such stations, taken as a whole, should be designed to furnish educational opportunities and be distinct from that available from CBC and private stations.

While it does not favour advertising as a primary funding mechanism for Provincial Educational stations, the Commission is willing to consider proposals for limited advertising on a case-by-case basis where the revenues would be used to supplement rather than replace the money received from provincial governments and other sources. Limitations could be in terms of the amount of advertising, the frequency of advertising interruptions, and the scheduling or nature of the advertising.

ii) Institutional Stations

A broad policy that encourages such stations to perform roles not filled by existing broadcasters is considered appropriate. The following guide lines will be used, in addition to those rules generally applicable to all FM stations.

a) Such stations should exceed the minimum requirements for Foreground and combined Foreground/Mosaic programming which Joint FM stations must meet.

b) The Commission considers it appropriate for these stations to include in their schedules some educational programming and programming developed in association with the institutions of higher learning to which they are affiliated.

c) Such stations should provide a range of music, including music that is not generally broadcast by commercial stations operating in the market. Traditional and Special Interest music should be included.

The Commission will be willing to consider limited advertising on such stations where the funds are used to supplement funding from other sources such as allocations from the associated institution. Limitations could be in terms of the amount of advertising, the frequency of advertising interruptions, and the scheduling or nature of the advertising.

iii) Other Special FM

The Commission sets out the following guidelines for programming on such stations:

a) The programming provided should be clearly complementary to, rather than imitative of, that provided by commercial broadcasters. Programming broadcast might include (but would not be limited to) Traditional and Special Interest music, formal and informal educational material, and presentations of live music.

b) Levels of Foreground, combined Foreground/Mosaic programming and Canadian content in music should exceed those expected of Joint FM stations. French-language stations should broadcast a higher level of French-language popular vocal music than commercial stations must meet. Conversely, levels of hit music should be below the limits that conventionnial stations must respect.

Limited advertising will be considered on a case-by-case basis where it is a part of a plan that includes funding from a diversity of sources such as grants, fund-raising programs, memberships, etc. Limitations could be in terms of the amount of advertising, the frequency of advertising interruptions, and the scheduling or nature of advertising.

The Commission will generally not be willing to allow new stations in the other Special FM category in markets already served by community stations or existing community stations wishing to convert to the Other Special FM category to meet lower levels of Spoken Word programming or to air higher levels of advertising than specified in "A Review of Community Radio" unless the applicant can clearly demonstrate why such a proposal would be of benefit to the public.

c) Use of Frequencies

The Commission strongly encourages Special FM stations to make use of non-commercial, educational FM channels. However, since these channels are not available in all locations, and because of the potential impact in many markets on the reception of television stations utilizing channel 6 and the limited number of stations involved, the Commission proposes to follow the same policy that it has for other types of Special FM licences and not restrict these stations to operate on particular FM frequencies.

4. ACKNOWLEDGEMENT

The Commission wishes to thank all those who submitted comments at all stages of this review. They have been of great assistance in the development of this policy.

Fernand Bélisle Secretary General