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Ottawa, 4 April 1995
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Decision CRTC 95-130
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Cherry Point Community Promotion Association
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Dawson Creek, British Columbia - 931041800
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Proposed Over-the-Air Television Station Devoted to Religious
Programming - Denied
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Following a Public Hearing held in Saskatoon beginning on 6 June 1994, the Commission denies the application by Cherry Point Community Promotion Association (Cherry Point) for a broadcasting licence to carry on an English-language television programming undertaking at Dawson Creek, operating on channel 20 with a transmitter power of 100 watts, to broadcast religious programming from local studios and other Canadian sources as well as from the Trinity Broadcast Network originating from Santa Ana, California.
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Cherry Point's proposal for single-faith ownership of an undertaking dedicated solely to the broadcast of religious programming is one of the first such applications to be considered by the Commission following the release of Public Notice CRTC 1993-78 dated 3 June 1993 and entitled "Religious Broadcasting Policy". According to that policy, a licensee of an over-the-air broadcasting undertaking devoted to religious programming is expected to provide balance in its programming and to adhere to the guidelines on ethics set out in Public Notice CRTC 1993-78.
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On 30 August 1994, following consideration of the application, the Commission issued Public Notice CRTC 1994-110, in which it provided further guidance with respect to its expectations regarding balance and adherence to the Commission's guidelines on ethics and asked Cherry Point to provide clarification of its commitments in these areas.
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Balance
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The Broadcasting Act (the Act) requires that programming offered by the Canadian broadcasting system should provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern. The Commission generally expects that, in order to satisfy this requirement, licensees of over-the-air undertakings devoted to religious programming should, in particular, expose the audience to different points of view on religion. The Commission generally takes the view that the balance requirement will be met where a reasonably consistent viewer is exposed to a spectrum of views on issues of public concern within a reasonable period of time.
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As its primary vehicle for the provision of balance, Cherry Point proposed to broadcast 13 hours weekly of "Local Praise", a locally-produced program featuring taped programming segments submitted by local churches, religious organizations and individuals. Cherry Point stated that, during the broadcast of "Local Praise", it would include announcements inviting viewers to submit tapes for telecast on the program. As an indication of interest among residents of the community in participating in this aspect of its proposed programming, Cherry Point submitted a list of signatures from seven individuals associated with religious organizations in the Dawson Creek area indicating that they would encourage members of their groups to provide programming.
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The Commission considers that the broadcast of programming produced by other faith groups is a valid mechanism to achieve balance and provide alternative points of view. The Commission expects an applicant proposing such a mechanism to demonstrate that a willingness to participate exists on the part of other faith groups and denominations within the community. In the present case, the Commission is not satisfied that the list of signatures submitted by the applicant is adequate evidence or sufficient guarantee that other faith groups and denominations will, in fact, participate in the proposed service. Moreover, given the reasonable expectation that the audience for a program such as "Local Praise" would draw predominatly from the evangelical Christian community, the Commission is not convinced that the applicant's proposal to solicit tapes from viewers during the broadcast of the program would be sufficient to encourage participation from other Christian denominations and non-Christian faith groups. For these reasons, the Commission questions whether sufficient programming would be submitted from the community to represent adequately the views of other Christian and non-Christian faith groups.
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As another means to achieve balance, Cherry Point proposed to produce and broadcast a 30-minute documentary on other faiths once a month. The Commission considers that the broadcast of documentaries reflecting other faiths would be an appropriate method of providing balance. However, the Commission does not consider that the applicant's proposal to broadcast a 30-minute documentary on other faiths once a month would be sufficient to satisfy this requirement, in the event that different religious perspectives were not presented in the "Local Praise" program. The Commission notes that Cherry Point did not provide any other proposals or commitments to ensure that a variety of perspectives is reflected on its proposed undertaking should there be a lack of participation on the part of other Christian and non-Christian faith groups.
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With respect to monitoring of balance, Cherry Point stated that the "Board of Directors, volunteer staff and the general audience" will monitor programming. The Commission, however, is not satisfied that the applicant has provided sufficient details on the manner in which it would monitor balance and on the corrective action it would take in the event that the requirement for balance is not met. In light of the foregoing, the Commission does not consider that the applicant's proposal would provide the balanced programming required by the Act.
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The Commission recognizes that the station proposed by Cherry Point would be a modest undertaking operated by volunteers with limited resources, and that the applicant is proposing to serve a small community where there may be few residents who are members of non-Christian faith groups. However, the Commission does not consider that these factors are sufficient to warrant the licensing of the undertaking, as proposed.
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Ethics
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The Commission expects that licensees will ensure that all religious programming broadcast on their respective undertakings complies with the guidelines on ethics set out in Public Notice CRTC 1993-78. Accordingly, the Commission expects applicants seeking licences to carry on undertakings for the broadcast of religious programming to make commitments regarding how they will administer the guidelines with respect to all programming they will broadcast.
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Cherry Point stated that it would provide the guidelines to "all applicable departments", and obtain assurances from them that they would comply with the guidelines. The Commission, however, is not satisfied that Cherry Point has indicated clearly what would constitute an "applicable department". Accordingly, the Commission cannot conclude that Cherry Point would provide the guidelines to all program suppliers, including foreign suppliers, and obtain commitments from them to adhere to the guidelines.
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With respect to the monitoring and enforcement of the guidelines, Cherry Point stated that the "monitoring and administration of corrections will be carried out by a combination of the Board of Directors (made up of members of several denominations), volunteer staff and the general audience". Cherry Point also stated that it would preview new programs, as well as programs that it suspects may violate the guidelines. In addition, Cherry Point stated that it would remove programming that seriously violates the guidelines, and if there are indications that such a violation might be repeated.
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The Commission notes that the applicant did not argue that it would be inappropriate for Cherry Point to adhere to the guidelines on ethics. At the same time, the Commission is not satisfied that the applicant has presented clear and detailed plans as to how it will monitor the guidelines and as to what action it would take should programming violate them. Specifically, Cherry Point did not clearly indicate how it would determine which programs would require review. Further, the applicant did not indicate whether programs that are not new would be monitored and, if so, how this would be done. Moreover, the applicant did not submit a detailed description of the circumstances that would constitute a major violation of the guidelines, nor did it describe the measures, aside from removing an offending program, that it would take to deal with infractions.
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Canadian Content
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The Religious Broadcasting Policy states that all over-the-air television broadcasting undertakings devoted to religious programming must meet the Canadian content requirements set out in the Television Broadcasting Regulations, 1987 (the regulations). Subsection 4(6) of the regulations requires a licensee to devote not less than 60% of the broadcast year and of any six month period specified in a condition of licence to the broadcasting of Canadian programs.
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In its application, Cherry Point proposed to broadcast a lower level of Canadian content than that required by the regulations during the first two years of the proposed licence term. For the remaining years, Cherry Point proposed to broadcast 60% Canadian content over the broadcast day, from 1 September to the last day of February annually, and to reduce the Canadian content level to 50% from 1 March to 31 August. At the hearing, however, Cherry Point acknowledged that there is a sufficient amount of Canadian religious programming available to allow it to achieve the level of Canadian content required by the regulations. Cherry Point also stated that, in order to achieve the required level of Canadian content, it may shorten the broadcast day, repeat programs and substitute acquired programs for station-produced programming during the summer months.
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The Commission expects that an applicant seeking a licence for an undertaking to offer a television service devoted to religious programming file a detailed programming plan outlining the religious programming, including the Canadian religious programming, it proposes to offer. The Commission is not satisfied that Cherry Point has provided sufficient information regarding the programming schedule of its proposed service to support the claim that it would meet the Canadian content level required by the regulations.
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The Commission remains open to the licensing of over-the-air services devoted to religious programming which meet the objectives of the Act. In the present case, the Commission is not satisfied that Cherry Point's application, as filed, would meet these requirements. In particular, the Commission finds the applicant's proposed service to be lacking in the important areas of balance and ethics. Moreover, the Commission does not consider that Cherry Point's commitment to Canadian content is sufficient. Nevertheless, the Commission would give further consideration to an application containing firm commitments supported by detailed plans to provide a programming service that meets the requirements of the regulations and of the balance requirement set out in the Act.
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The Commission acknowledges and has considered the interventions submitted regarding this application.
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Allan J. Darling
Secretary General
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