ARCHIVED -  Decision CRTC 97-254

Decision

Ottawa, 6 June 1997

Decision CRTC 97-254

The Mohawk College Radio Corporation

Hamilton, Ontario - 199608494

New campus instructional FM station

1. Following a Public Hearing in Toronto beginning on 14 April 1997, the Commission approves the application for a broadcasting licence for an English-language campus/instructional FM radio programming undertaking at Hamilton, on the frequency 101.5 MHz, channel 268A1, with an effective radiated power of 160 watts.

2. The Commission will issue a licence expiring 31 August 2003, for a campus/instructional radio station. This licence will be subject to the conditions specified in this decision and in the licence to be issued.

3. The new station will be the sixth campus/ instructional FM radio station in Canada. In Public Notice CRTC 1992-38 dated 29 May 1992 entitled Policies for Community and Campus Radio, campus stations are defined as those owned or controlled by a not-for-profit organization associated with a post-secondary educational institution. Additionally, a campus/instructional station has the training of professional broadcasters as its primary objective. The Commission expects instructional radio to provide alternative programming to their audiences while providing a training ground for broadcasters. The applicant stated that the proposed station's primary objective is to train students for mainstream radio.

4. Campus stations should provide programming that is complementary, not only to that of commercial stations, but also to that of community stations and other campus stations operating in the same location. The Commission notes that, in addition to the local commercial stations operating in Hamilton, the city is also served by campus/community station CFMU-FM located at McMaster University.

5. The proposed station will offer a contemporary new music format, a maximum level of 30% for hits and a maximum repeat factor of 18. During each broadcast week, the proposed station will broadcast 4 hours of educational programming, live play-by-play of Mohawk College and other local sports events as well as 31 hours 30 minutes of weekly spoken word content and 5 hours of ethnic programming.

6. The Commission is satisfied that the proposed campus/instructional FM station will contribute to the diversity of radio programming available in the Hamilton market, and that it will offer a service that is distinct from that broadcast by campus/community station CFMU-FM.

7. The Commission expects the applicant to adhere to its commitment to provide access to students not enrolled in Mohawk College's Media Studies Program as well as to members of the community who are not associated with the college.

8. As part of this application, the applicant requested an exemption from the policy concerning restricted advertising on campus radio stations set out in Public Notice CRTC 1993-38 dated 19 April 1993 entitled Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations. Specifically, the applicant applied to broadcast 4 minutes per hour, or 504 minutes per broadcast week, of conventional advertising which is currently restricted to 126 minutes per broadcast week.

9. In support of its request, the applicant argued that broadcasting students need training in the sale and production of advertising messages similar to what is produced on commercial radio stations. According to the applicant, the sale and promotion of sponsorship messages does not provide adequate training for students seeking careers in the broadcasting industry.

10. Westcom Radio Group Ltd., licensee of CHML and CJXY-FM Hamilton, submitted an intervention opposing the applicant's request. The intervener argued that the applicant has not justified a need for an exemption to the Commission's policy on advertising on campus stations. The Commission has noted the applicant's response thereto.

11. Previously, in Decision CRTC 95-608 dated 28 August 1995, the Commission denied a similar application by CFMU Radio Incorporated, licensee of CFMU-FM Hamilton, requesting an exemption from the Commission's policy concerning restricted advertising on campus radio stations. The Commission stated that it did not consider that there was any reason to justify an exemption from its policy.

12. The Commission's position has always been that campus stations should not rely heavily on advertising revenues. In the Commission's view, substantial use of advertising on campus stations might cause these stations to adopt programming that is similar to that of commercial stations. The Commission is not convinced that a departure from its general policy on advertising for campus stations is warranted in this case and, therefore, denies this part of the application. Accordingly, it is a condition of licence that the licensee broadcast no more than 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 504 minutes, a maximum of 126 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.

13. It is a condition of licence that the licensee 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 licensee that, in accordance with the requirements of the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486, the chief executive officer and not less than 80 per cent of the members of the board of directors must be Canadians ordinarily resident in Canada.

14. 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 radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

15. It is a condition of licence that the licensee 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 approved by the Commission.

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

17. In accordance with subsection 22(1) of the Broadcasting Act, the Commission will issue a licence to the applicant if it is in receipt of written notification from the Department of Industry, within twelve months of the date of this decision that it will issue a Broadcasting Certificate. No licence will be issued if the Commission does not receive this notification within said period or, where the applicant applies to the Commission within this period and satisfies the Commission that it is unable to obtain said notification before the expiry of this period and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission.

18. This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. The licence will not be issued if construction is not completed within twelve months of the date of receipt of the Department of Industry notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot implement its authority before the expiry of this period and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission.

19. The Commission acknowledges the two interventions submitted in support of this application.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General

This document is available in alternative format upon request.

DEC97-254_0