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Decision
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Ottawa, 16 October 1990
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Decision CRTC 90-1060
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The National Broadcast Reading Service Inc.
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Toronto, Ontario - 900529900La MagnétothèqueMontréal, Quebec - 900530700
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Following a Public Hearing in Hamilton beginning on 13 June 1990, the Commission approves the applications by The National Broadcast Reading Service Inc. (NBRS) and La Magnétothèque for licences to carry on national audio programming network operations in English and in French respectively to provide, via satellite, programming of benefit to persons who are blind, visually impaired or print handicapped due to physical reasons.
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These services, which will be available on a 24-hour basis every day, are to be distributed by cable television licensees as background audio on alphanumeric channels, or as audio services on audio channels of their undertakings, or rebroadcast on Subsidiary Communications Multiplex Operation (SCMO) channels by FM radio licensees.
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The Commission will issue licences expiring 31 August 1995, subject to the conditions specified in this decision and in the licences to be issued. These networks, similar but not identical in content, will provide an "audio newsstand" of news, public affairs and information of general interest to their intended audiences. As a result of this approval, many people across the country will benefit from the convenience and the ready access these services will provide to information contained in print material. The Commission looks forward with interest to the contribution of these services to the lives of underserved Canadians.
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The applicants have indicated that they would prefer their services to be distributed via cable to maximize availability. In this respect, the Commission notes the letters of intent received from several major cable operators indicating their interest in distributing the networks. The Commission also notes that the Cable Television Regulations, 1986, as amended, now allow for the cable carriage of an audio service as background to an alphanumeric service.
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Moreover, a working agreement has been negotiated between the NBRS and La Magnétothèque that will facilitate the distribution of each other's service throughout the country. Specifically, the NBRS will distribute directly the English-language service to cable and radio affiliates in every province except Quebec and through the agency of La Magnétothèque to such affiliates in Quebec. Similarly, the Montréal-based French-language service of La Magnétothèque will be distributed by La Magnétothèque to cable and radio affiliates in Quebec and through the agency of NBRS to affiliates elsewhere in Canada. In Decision CRTC 90-93 dated 15 February 1990, the Commission denied previous applications filed on behalf of the NBRS for licences to carry on networks to provide similar reading services, partly due to its serious concerns with respect to the NBRS's ability to exercise control over its proposed French-language service which was to be provided to it by La Magnétothèque. Other Commission concerns were with respect to the business and financial relationships between the NBRS and La Magnétothèque, the organizational structure of the NBRS and the responsiveness of the NBRS to its listeners. In its decision, the Commission encouraged interested parties to submit an application to serve the same target audience. The Commission commends the applicants for responding to the concerns by reformulating their proposals.
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The present applications propose that the NBRS receive a licence for the provision of the English-language service and La Magnétothèque receive a licence for the provision of the French-language service. The Commission is satisfied that both the NBRS and La Magnétothèque, will, therefore, be fully responsible and accountable for their respective programming content and will be able to exercise control over their operations as required by the Commission.
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The Commission has taken into account the commitment by the NBRS to enact the new by-laws filed with its application, subject to the changes proposed at the hearing, that will allow for "a membership-driven and controlled" organization, responsive to the needs and interests of its membership. The changes to the new by-laws proposed at the hearing would address the membership's ability to put forward alternate candidate slates for election to the licensee's board of directors and expand the definition of its membership to include persons who are print handicapped for physical reasons.
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At the hearing, the NBRS stated that "every member will have an equal vote, and the board, which is elected from the membership, will include a broad representation from the groups to be served, the financial contributors to NBRS, and the communications industry with whom NBRS will be working". Further, the Commission notes the various mechanisms discussed at the hearing that will be employed to allow for listener input, such as programming surveys to be conducted on occasional and semi-annual bases, and the inclusion of consumer representation on internal committees.
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With regard to programming, the applicants made commitments to ensure that, with the exception of on-air credit to donors, the services will not include advertising. The NBRS made the further undertaking that a predominance of all programming material to be distributed will be Canadian and, following the establishment of regional centres across the country, to ensure that "as much as 25%" of the service's total programming would be produced at those locations and would include some locally-relevant programming.
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Several interveners expressed concern that the Canadian National Institute For the Blind (CNIB) may have undue influence in the operations of the English-language reading service, partly due to the fact that the NBRS studios in Toronto are leased from the CNIB. In reply, the NBRS stated at the hearing that its organization, which is "not controlled by any other body", has been incorporated separately and that the CNIB will "have no involvement in operations, policy development or programming" of the NBRS. Further, the Commission notes the NBRS' statement that it is currently examining options available to it for the relocation of its studios.
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After careful examination of all of the evidence provided to the Commission in the applications and at the hearing, the Commission is satisfied that the concerns raised by the previous applications have been thoroughly addressed by each of the applicants and that approval of these applications is in the public interest. The Commission acknowledges the large community of support throughout the country for these reading service networks as expressed in numerous interventions received.
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It is a condition of each licence that the applicant adhere to the provisions contained in Part I of the Radio Regulations, 1986, as amended from time to time.
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It is a condition of each licence that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
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Alain-F. Desfossés
Secretary General
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