ARCHIVED -  Decision CRTC 95-176

Decision

Ottawa, 26 April 1995

Decision CRTC 95-176

Radio Bishop's Inc.

Lennoxville, Quebec - 941175200

New FM campus/community radio programming undertaking

Following a Public Hearing in the National Capital Region held on 21 February 1995, the Commission approves the application for a broadcasting licence for an English-language FM campus/community radio programming undertaking at Lennoxville on the frequency 88.9 MHz, channel 205LP, with an effective radiated power of 25 watts.

The applicant currently operates CJMQ Lennoxville, a campus carrier current station carried on cable. Radio Bishop's Inc. states that its new licence would enable it to serve students of Bishop's University as well as the English-language community within Lennoxville.

Upon surrender of the current licence issued for CJMQ Lennoxville, the Commission will issue a licence expiring 31 August 2000, subject to the conditions specified in this decision and in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act, will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for campus/ community radio stations across Canada and to better distribute the workload within the Commission.

As outlined in Public Notice CRTC 1992-38, campus stations may increase or reduce their hours of broadcast by up to 20% without application to the Commission, provided they meet the minimum percentage commitments set out in their Promise of Performance. Any increase or decrease in the hours of broadcast beyond the 20% level requires authorization by the Commission.

In its application, Radio Bishop's Inc. proposed to broadcast 112 hours during the school year and submitted a schedule for hours of broadcast over the summer vacation period (May, June, July and August) for the years 1995, 1996, 1997 and 1998. According to this schedule and assuming full FM operations by either spring or September 1995, the applicant plans to be off the air during the summer of 1995, operating at 50% of the full schedule in 1996, operating at a minimum at 65% in 1997, and operating at a minimum at 80% in 1998. The Commission is satisfied that this schedule provides for a reasonable period to enable the station to attract both the university and the community volunteers necessary to operate over the summer months and, therefore, approves the applicant's proposal to reduce broadcast hours as submitted.

In view of the applicant's plan to broadcast only 112 hours per week, and in accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission authorizes the applicant, by condition of licence, to broadcast no more than 448 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 448 minutes, a maximum of 112 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.

With respect to concerns raised in an intervention submitted by Radiomutuel Inc., licensee of radio station CIMO-FM Magog, the Commission notes the statement in the applicant's reply to that intervention that it does not plan to broadcast French-language commercials.

The Commission notes that 30% of the music broadcast on the station will be from Category 3 music (Traditional and Special Interest) and that the station will devote 30% of each broadcast week to focused spoken word programming. The Commission also notes the applicant's proposal to devote 4% of its programming to the French language.

It is a condition of licence that the applicant retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the applicant that, in accordance with the requirements of the "Direction to the CRTC (Eligible Canadian Corporations)", the chairman or other presiding officer and each of the directors or other similar officers of the licensee must be Canadian citizens.

It is a condition of licence that the applicant adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and accepted by the Commission.

It is also a condition of licence that the applicant adhere to the provisions of the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and accepted by the Commission.

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It considers that campus/community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

This approval is subject to the requirement that construction of the transmitting facilities be completed and that they 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 construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.

Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the applicant, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Department of Industry, Science and Technology (DIST) has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority granted herein may only be implemented at such time as written notification is received from the DIST that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

The Commission has noted the concerns expressed in the interventions submitted in opposition to this application, and it is satisfied with the applicant's replies thereto. The Commission also acknowledges an intervention received in support of this application.

Allan J. Darling
Secretary General