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Decision
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Ottawa, 15 February 1990
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Decision CRTC 90-93
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Dr. Gerry Dirks, on behalf of a company to be incorporated (subsequently incorporated as The National Broadcast Reading Service Inc.)
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St. Catharines, Ontario - 891231300 - 893230300
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Following a Public Hearing beginning on 21 November 1989 in the National Capital Region, the Commission denies the applications by Dr. Gerry Dirks, on behalf of a company to be incorporated (subsequently incorporated as The National Broadcast Reading Service Inc.) (NBRS), for licences to carry on national audio programming network operations in English and in French to provide, via satellite, to cable licensees and FM radio stations for distribution on their SCMO channels, programming of benefit to persons who are blind, visually-impaired and print-handicapped due to physical reasons.
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Effective control of the NBRS, a non-profit organization funded by government grants, private and membership contributions, is intended to rest with its membership, which at present is indeterminate, as no memberships have, as yet, been solicited or sold. The NBRS is currently controlled by its board of directors which has informally been expanded to eight persons, the majority of whom are visually-impaired.
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The applications propose programming in both official languages which would focus on news, public affairs, topics of general interest and subjects of particular interest to blind, visually-impaired and print-handicapped persons, serving therefore as a unique "audio newstand". The applicant indicated in its applications and at the hearing that material from various local, regional, national and international print publications would be read verbatim over-the-air by volunteers. The type of programming provided on both the English- and French-language services would be similar, but not identical.
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Regarding the French-language proposal, the NBRS has submitted an application to distribute to cable operators and FM stations outside the province of Quebec, the French-language reading service which is currently provided to the blind, visually-impaired and print-handicapped community in some areas of Quebec by La Magnétothèque, a Montreal-based organization.
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The NBRS explained that La Magnétothèque would continue to provide its service "in the same form" to its listeners in Quebec and that the NBRS would simply extend the Magnétothèque signal via satellite to other areas across the country. NBRS stressed at the hearing that it wished "no role to play in the determining of programming or in the fundraising operations of La Magnétothèque". Further, the NBRS stated that it was "not interested in getting structurally involved with La Magnétothèque in terms of having interlocking boards (of directors) and financial accountability ...".
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Nevertheless, the applicant indicated at the hearing that, due to the varied activities of La Magnétothèque, the latter's broadcasting operations that relate to the audio reading service would have to be included in NBRS' annual reports to meet CRTC financial requirements. Moreover, upon questioning, the NBRS acknowledged that it would accept responsibility for all the legal obligations of the French-language service, in accordance with the Broadcasting Act, should the service be licensed. However, at the hearing, the applicant indicated that the NBRS board had not addressed these requirements.
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The Commission expressed its strong interest in the provision of such a service and questioned the applicant at the hearing as to the nature of the contemplated French-language service and of programming proposals for the future. The NBRS stressed that it would serve as a "conduit" only for the extension of the service and was able to describe only in the most general terms, the contents of and plans for the service.
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The Commission raised concerns at the hearing with respect to NBRS' potential business relationship with La Magnétothèque, in that La Magnétothèque, an "autonomous self-standing operation", would be accountable to a new organization. The Executive Director of La Magnétothèque and sole francophone member of NBRS' board of directors was not present at the hearing to represent the existing service and address the accountability concerns referred to above. Pursuant to the Broadcasting Act, the Commission notes that the NBRS would be responsible for the programming distributed.
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In consideration of the application as filed and the statements made at the hearing, the Commission is not convinced that the applicant would be able to exercise control over the programming and other aspects of the broadcasting operations of the French-language service that would be provided by La Magnétothèque as would be required of the licensee. In view of all the foregoing, the Commission does not consider that it can approve the application for the French-language reading service as presented at the public hearing.
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Nevertheless, the Commission acknowledges the interventions received in support of this application and stresses the importance it attaches to the provision of French-language print materials to blind, visually-impaired and print-handicapped individuals through a reading service.
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With respect to the English-language service, the NBRS has proposed the provision, via satellite, of English-language audio programming produced at studios leased from the Canadian National Institute for the Blind (CNIB) in Toronto. The majority of the programming would consist of the reading of print media materials, complemented by interviews, debates and features on issues of particular interest to the service's target audience.
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Several interventions were received from individuals and groups from the blind, visually-impaired and print-handicapped communities which, despite their support for the concept of a national reading service, opposed the current applications. The interveners, some of whom appeared at the hearing, expressed concern that the CNIB would exert undue influence over the operations of the reading service. In response, the applicant stated that the service's programming "will reflect all points of view" and that "there will be no editorializing by ... readers". Moreover, the location of the NBRS studios on CNIB premises would enable the service "to draw upon the expertise of those professional workers for the blind" and to utilize on occasion the readily available rehabilitation services.
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Interveners were also concerned that the organizational structure and by-laws governing the administration of the NBRS distance the service from its intended audience. The applicant admitted its own dissatisfaction with some of the existing by-laws and stressed at the hearing that it would consider amending its by-laws to address the deficiencies. The Commission notes the applicant's receptiveness to the various amendments discussed at the hearing and its intention to operate a "democratic service" whereby "the members would elect the Board and therefore would ultimately be able to make decisions on every facet of the service ...". Nevertheless, the Commission considers that were such amendments to be made, the company which has now been incorporated would then differ materially from that which formed part of the original application. Furthermore, the applicant stated at the hearing that it was not able to commit itself to any changes to its by-laws since any amendments would require approval of the Board of Directors.
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For reasons of fairness and to safeguard the integrity of the licensing process, the Commission is not prepared to approve an application which would vary significantly from that which was gazetted and was the subject of Commission and intervener questioning at a public hearing.
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Some of the interveners also suggested that the proposal was prepared without consultation with consumer organizations and that the proposed service should include programming for other informationally-disadvantaged persons such as dyslexics and quadraplegics and that the NBRS board should be expanded to represent this audience.
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With respect to the proposal that the service be distributed as audio background to alphanumeric channels as well as the audio FM service to cable affiliates, some interveners were concerned that access to the service would be limited, depending largely on the user's ability to incur the costs involved.
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In its assessment of the applications, the Commission has taken into account the evidence available to it, the applications as submitted, the concerns expressed in the various interventions and the applicant's replies thereto. In view of the foregoing and particularly following discussions with the applicant at the public hearing, the Commission is not convinced that the current NBRS structure would ensure that the NBRS would be responsive to the needs and wishes of the many potential users of the service across the country who would depend on it for news and information. Despite its strong and genuine desire to establish audio programming for the informationally-disadvantaged across Canada, the Commission denies the applications in the form in which they were filed.
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Notwithstanding the above, the Commission has in the past authorized other types of reading services and considers that the record of the public hearing amply demonstrates that there is widespread community support for a service of this type. The Commission considers that the establishment, at the earliest date possible, of viable audio reading services in both official languages which would provide programming of benefit to blind, visually-impaired and print-handicapped persons as well as to many other potential listeners, to be not only in the public interest, but a matter of national importance. Such services would provide a much-needed alternative method of disseminating information to thousands of persons across the country who are unable to read and benefit from print publications.
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The Commission acknowledges the numerous interventions received in support of this concept and, recognizing that many thousands of Canadians are currently underserved in this respect, strongly encourages interested parties to submit applications as soon as possible. The Commission reiterates the importance of consultation with the target audience concerning programming choices and broad representation in the control and administration of the services.
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In anticipation of future applications, and to facilitate their early implementation in cases where they may, as part of their method of distribution, propose utilizing the audio component of alphanumeric channels on cable systems, the Commission has also today published a proposed amendment to the Cable Television Regulations, 1986 (see Public Notice CRTC 1990-18).
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Fernand Bélisle
Secretary General
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