ARCHIVED -  Decision CRTC 99-180

Decision

Ottawa, 16 July 1999

Decision CRTC 99-180

Conestoga College, on behalf of a non-profit organization to be incorporated to be known as Conestoga College Communications Corporation

Kitchener/Paris, Ontario - 199804886

3 May 1999 Public Hearing
in Vancouver

New campus/instructional FM station

1.  The Commission approves the application for a broadcasting licence for an English-language campus/instructional FM radio programming undertaking at Kitchener/Paris.

2.  The Commission will issue a licence expiring 31 August 2001, for a campus/instructional radio station. This term will enable the Commission to consider the licence renewal following the review of Campus Radio Policy announced in Public Notice CRTC 1999-30. The conditions under which this new radio service will operate during the initial licence term have been established in light of the Commission's existing policy and are independent of the on-going review.

3.  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 students of Conestoga College's Communications Studies Program will participate in the station and will be evaluated by their professors on assignments related to their work at the station.

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 Kitchener/Paris, the area is also served by campus stations, CFRU-FM University of Guelph, CKMS-FM University of Waterloo, and by a community station, CKWR-FM Kitchener.

5.  The applicant stated that it will achieve diversity through the program mix to be offered on the new station. It will deliver courses and lectures as well as programs that focus on college activities. The new station will offer 4 hours of academic educational programming each week and 31 hours and 30 minutes of spoken word content each week. The station will provide 3 hours each week of ethnic programming and will reserve at least one hour each week for community access.

6.  The applicant also plans to offer up to seven hours of commercial-type Canadian network programming each week. It stated that this programming will provide training for students in the operations of commercial network programs. The Commission expects the applicant to broadcast no more than seven hours of commercial-type Canadian network programs each week.

7.  In the area of music, the new station will program a mix of Dance, Pop, Rock, Alternative, Country, Folk and Jazz. At least 5% of the music broadcast each week will be drawn from Category 3 music (Traditional and Special Interest). A minimum of 40% of selections broadcast each week from Category 2 music (Pop, Rock and Dance) will be Canadian.

8.  In the area of Canadian talent development, the new station will emphasize and encourage local talent and will promote campus-based concerts. The applicant also plans to feature a regular talent search.

9.  The Commission is satisfied that the proposed campus/instructional FM station will contribute to the diversity of radio programming available in the Kitchener/Paris market, and that it will offer a service that is distinct from that broadcast by the other campus and community stations operating in this market.

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

Conditions of licence

11.  This licence will be subject to the conditions specified in this decision and in the licence to be issued. By conditions of licence, the licensee must:

·  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;

·  retain full control over all decisions concerning the management and programming of this station; and representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, must 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 as amended by P.C. 1998-1268, 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;

·  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; and

·  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.

Other matters

12.  This authority will only be effective and the Commission will only issue the licence at such time as:

·  it receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects and that this corporation may be issued a licence; and

·  the new station is ready to begin operation. When the licensee has completed construction and is prepared to commence operation, it must advise the Commission in writing. If the station is not constructed and ready to operate within 12 months of today's date, extensions to this time frame may be granted provided that the licensee applies in writing to the Commission before the 12-month period or any extension of that period expires.

13.  As proposed, the new FM station will operate on the frequency 88.3 MHz, channel 202B, with an effective radiated power of 4,000 watts.

14.  The Department of Industry has advised the Commission that this application is conditionally technically acceptable. The Department will only issue a Broadcasting Certificate once it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

15.  In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence and grant the authority to operate when it receives notification from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

16.  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.

17.  The Commission acknowledges the 21 interventions submitted in support of this application.

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca

Secretary general