ARCHIVED - Broadcasting Decision CRTC 2002-52

Broadcasting Decision CRTC 2002-52

See also: 2002-52-1

Ottawa, 27 February 2002

Peter Joseph Christmas Jr., on behalf of a corporation to be incorporated
Memberton First Nation, Sydney and surrounding areas, Nova Scotia

Application 2001-0728-6
Public Hearing in the National Capital Region
14 January 2002

New Native FM radio programming undertaking

1.

The Commission approves the application by Peter Joseph Christmas Jr., on behalf of a corporation to be incorporated, for a broadcasting licence for a new Native Type B English- and aboriginal-language FM radio station at Sydney. The terms and conditions of licence are set out in the appendix to this decision.

2.

The Commission did not receive any interventions with regard to this application.

3.

The new station will broadcast 126 hours of local programming each broadcast week of which 6 hours will be in Micmac. It will offer 100 hours of musical programming of which 33% will be performed or composed by Natives.

4.

The applicant plans to address the specific needs and concerns of the Native population. It also proposes to strengthen Native culture and promote the use of Native languages on the reserve. This will be accomplished by making programming available to Native language organizations and cultural organizations for use as educational materials. Native and other types of music programs will be designed to meet the requirements of all age groups in the community.

5.

The approval of this application reflects Public Notice CRTC 2001-70 dated 15 June 2001. As indicated in the notice, the Commission no longer imposes limits on the advertising broadcast by Native radio stations and networks. However, the Commission requires that they broadcast a Canadian content level of at least 35% for category 2 music. A condition of licence in this regard is set out in the appendix.

6.

In Public Notice CRTC 2001-70, the Commission further encourages Native radio stations that wish to broadcast wrap-around programming after their daily sign-off, to use programming from another Native radio station or network.

Related CRTC documents

• Public Notice 2001-70 - Changes to conditions of licence for certain native radio undertakings

• Public Notice 2000-93 - Regulatory amendments to implement certain aspects of the revised policies for campus and community radio, and incorporate revised content categories for radio

• Public Notice 2000-14 - Revised content categories and subcategories for radio

Secretary General

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

Appendix to Broadcasting Decision CRTC 2002-52

Terms of licence for the Type B Native FM radio programming undertaking at Sydney

The Commission will only issue the licence, and it will only be effective 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.

• the licensee confirms in writing that it is ready to begin operation. This must take place within 12 months of today's date. Any request for an extension to that deadline requires Commission approval and must be made in writing within that period.

• the Department of Industry, having advised that the application is conditionally technically acceptable, has determined that there is no unacceptable interference with NAV/COM services and indicated that it will issue a broadcasting certificate (section 22(1) of the Broadcasting Act).

The Commission will issue a licence for a Native FM radio programming undertaking (Type B), expiring 31 August 2008.

As proposed, the station will operate on the frequency 99.9 MHz, channel 260LP, with an effective radiated power of 50 watts.

The technical parameters approved in this decision are for a low-power unprotected FM service. Accordingly, the applicant would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.

Conditions of licence

The licence will be subject to the conditions specified below and to any other condition specified in the licence to be issued.

1. The licensee must devote a minimum of 35% of all Category 2 musical selections broadcast during each broadcast week to Canadian selections.

2. The licensee must adhere to the provisions of the Canadian Association of Broadcasters' (CAB) Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

3. The licensee must adhere to the guidelines on gender portrayal set out in the CAB's Sex-role portrayal code for television and radio programming, as amended from time to time and approved by the Commission.