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Decision

Ottawa, 28 September 1994
Decision CRTC 94-774
Bayview Avenue Non-profit Student Radio Ltd.
North York, Ontario - 932267800

New campus/community FM station - denied

Following a Public Hearing held in the National Capital Region beginning on 20 June 1994, the Commission denies the application submitted by Bayview Avenue Non-profit Student Radio Ltd. (Radio Glendon) for a broadcasting licence for an English-language FM campus/community radio programming undertaking at North York, operating on the frequency 106.3 MHz, channel 292A1, with an effective radiated power of 200 watts.
Radio Glendon currently operates CKRG, a 25 watt AM carrier current undertaking serving Glendon College, a bilingual college of York University. The applicant intended to replace CKRG with the FM station proposed in this application. Pending the release of its decision on the proposed FM station, the Commission renewed the licence for the carrier current operation for a period of three months until 30 November 1994 (Decision CRTC 94-725 dated 31 August 1994).
Radio Glendon proposed to broadcast 126 hours of programming each week for seven months of the year during the fall and winter academic sessions, and 75 hours each week for four months during the summer academic session, as well as for one month during the Christmas break. In its Promise of Performance, Radio Glendon indicated that 78.2% of its programming would be in English, 20% in French, and 1.8% in Spanish.
York University is currently served by CHRY-FM Downsview, operated by CHRY Community Radio; this is a low-power campus/community FM station, located on the university's main campus, a distance of some 11 kilometres from Glendon College. The applicant argued that, given this distance between the university and the college, the Glendon campus needs its own separate radio station. In addition, Radio Glendon claimed that CHRY-FM delivers a weak and unsatisfactory signal to Glendon College and is, thus, unable to serve its student population. Radio Glendon further contended that CHRY-FM does not provide an adequate level of French-language programming, nor is it likely to do so in the future.
When questioned at the hearing on its relationship with York University's campus/community radio station, however, the applicant acknowledged that it has not approached CHRY-FM to discuss what steps it might take to improve its service to Glendon College.
Currently, there are three campus/community FM stations operating in the Toronto radio market, namely CIUT-FM (University of Toronto), CKLN-FM (Ryerson Polytechnical Institute) and CHRY-FM (York University). In Public Notice CRTC 1992-38 dated 29 May 1992 and entitled "Policies for Community and Campus Radio", the Commission stated that it:
 is willing to licence more than one campus station in the same official language in a community where an adequate number of frequencies is available and where the applicant demonstrates that the programming broadcast will be clearly complementary to that broadcast by other campus and community stations currently operating in that market.
According to Radio Glendon, the service to be offered by the proposed FM station would be distinct from, and complementary to that provided by other campus/community stations in the Toronto radio market. In this regard, the applicant emphasized its commitments to broadcast 40% Canadian content and 20% French-language programming. The applicant also claimed that the proposed station would be the only bilingual station operating in southern Ontario.
At the hearing, Radio Glendon stated that 40% to 50% of the courses offered at Glendon College are in French, and that all of the student body is bilingual to some degree. When asked by the Commission why it, therefore, had not proposed to broadcast a higher level of French-language programming, Radio Glendon stated that it considered 20% a reasonable starting point. Although the applicant stated that "in the future, we may consider going higher", it did not present specific plans as to how it would increase the level of French-language programming to be offered on the proposed station.
The Commission has considered the applicant's arguments. Although it acknowledges the potential value of a high-quality bilingual service to meet the needs of students of Glendon College campus, the Commission is of the view that a 20% level of French-language programming is too low for the proposed service to be deemed truly bilingual.
In addition, the Commission notes that, although Radio Glendon clearly specified that 20% of the music and 20% of the overall programming to be offered by the proposed station would be in the French language, the applicant had difficulties in describing what French-language spoken word programming would be broadcast. Radio Glendon only indicated that one or two French-language spoken word programs would be broadcast, and that newscasts would be in a bilingual format. The applicant also stated that it:
  ... couldn't say what time periods would be exclusively French, spoken word or whatnot. For us, it depends on the availability of the interests of [on-air volunteers] and people who are interested in those types of programmings. But for a spoken word program, usually it would either be in one language or the other, unless there are a pair of people who would like to speak back and forth in English and French.
The Commission is also concerned by Radio Glendon's failure to involve members of Toronto's Francophone community outside Glendon College in the French-language programming to be offered by the proposed station.
The Commission's policy on campus/community radio set out in Public Notice CRTC 1992-38 stipulates that at least 25% of the programming broadcast by campus/
community radio stations be spoken word. While Radio Glendon made a commitment as part of its Promise of Performance to broadcast a level of 25% spoken word programming, the number of programs identified in the application that would actually qualify as spoken word programming is less than 25% of the overall schedule. When questioned on this issue at the hearing, Radio Glendon was unable to provide specific details as to how it would meet its commitment to broadcast 25% spoken word programming. Instead, Radio Glendon stated that, if its application were approved, it would then "draw up a schedule" of the programs to be offered by the proposed station.
The Commission reiterates the importance it attaches to the 25% spoken word requirement set out in Public Notice CRTC 1992-38 for campus/ community radio stations. The applicant's failure to provide specific details regarding its plans for spoken word programming makes it impossible for the Commission to evaluate the contribution that the proposed station would make in this essential programming area.
At the hearing, the Commission discussed with Radio Glendon its concerns regarding the proposed station's constitution, the high level of control exercised by the station manager in approving the Board of Directors, as well as the station's limited membership. Radio Glendon indicated its willingness to resolve these concerns if its application for an FM station were approved. Moreover, Radio Glendon stated that it would be willing to respond to these same concerns in respect of its existing carrier current station by amending its constitution. These matters will be addressed further in the decision on Radio Glendon's licence renewal application for CKRG announced in Public Notice CRTC 1994-44.
At the hearing, Radio Glendon confirmed that the proposed station would have no paid staff and that it would be operated by "full-time volunteers". Radio Glendon stated that management would aim to ensure that a member of the station executive is always present at the station to supervise the programming. With respect to training, Radio Glendon stated that each volunteer would receive a training session of two hours, and that the executive staff would review programming to ensure that it meets appropriate standards.
The Commission, however, is not satisfied that the training program and the supervision of volunteer staff described by Radio Glendon would adequately ensure that the provisions of the Radio Regulations, 1986, the Commission's FM Policy or the applicant's Promise of Performance are consistently respected.
Furthermore, the Commission is not satisfied that the level of diversity that the proposed FM station would offer is sufficient to warrant licensing a fourth campus/community radio station in the Toronto radio market, and a second campus/community radio station associated with York University. Based on all of the concerns discussed in this decision, the Commission has denied this application.
The Commission acknowledges the intervention submitted by CHRY Community Radio. While the intervener acknowledged that it is technically difficult for CHRY-FM to adequately cover Glendon College with its existing technical parameters, it stated that it has not "abandoned the goal of increasing our coverage area".
Allan J. Darling
Secretary General
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