ARCHIVED -  Decision CRTC 95-263

Decision

Ottawa, 29 May 1995

Decision CRTC 95-263

CKUA Radio Foundation

Edmonton, Athabasca, Banff, Calgary, Drumheller/Hanna, Edson, Fort McMurray, Grande Prairie, Hinton, Lethbridge, Lloydminster, Medicine Hat, Peace River, Red Deer, Spirit River and Whitecourt, Alberta - 941255200

Acquisition of assets

Following a Public Hearing in the National Capital Region held on 21 February 1995, the Commission approves the application for authority to acquire the assets of the Group III (Specialty) radio programming undertaking consisting of CKUA-FM Edmonton and its transmitters CKUA Edmonton, CKUA-FM-1 Calgary, CKUA-FM-2 Lethbridge, CKUA-FM-3 Medicine Hat, CKUA-FM-4 Grande Prairie, CKUA-FM-5 Peace River, CKUA-FM-6 Red Deer, CKUA-FM-7 Hinton, CKUA-FM-8 Edson, CKUA-FM-9 Whitecourt, CKUA-FM-10 Athabasca, CKUA-FM-11 Fort McMurray, CKUA-FM-12 Spirit River, CKUA-FM-13 Drumheller/Hanna, CKUA-FM-14 Banff, and CKUA-FM-15 Lloydminster from The Alberta Educational Communications Corporation, and for a broadcasting licence to continue the operation of this undertaking.

The Commission will issue a licence to CKUA Radio Foundation (the Foundation), expiring 31 August 2000, upon surrender of the current licence. The licence will be subject to the same conditions as those in effect under the current licence, as well as to any other condition specified in this decision and in the licence to be issued.

The price of the transaction is $10.00. Based on the evidence filed with the application, the Commission is satisfied with the benefits flowing from this transaction. Moreover, the Commission is of the view that approval of this application is in the public interest.

The Commission expects the applicant to ensure that the commitments identified as benefits are implemented in accordance with the schedule outlined in the application.

The Foundation is a non-profit society registered in the province of Alberta and a registered charity under the Income Tax Act. The Commission notes that its mission statement is "To provide alternative, quality radio programming which promotes arts and culture in Alberta, which is not available on other radio stations and which informs, entertains and enlightens its audience". In this regard, the Commission also notes that the stations will continue to provide "programs which are not usually available on commercial radio stations in content, style or scope" and "which is alternative to that offered by the CBC".

Currently, CKUA-FM is licensed as a provincial educational FM station and operates through funding by the Government of Alberta. The Commission notes that the Government of Alberta recently announced its intention to cease funding of this service. The applicant will receive transitional grant money from the provincial government for the next three years and intends to develop corporated underwriting and sponsorships, fund raising and preservation campaigns to ensure the long term continuance of the service.

With respect to advertising, the Commission authorizes the Foundation, by condition of licence, to broadcast a weekly average of 4 minutes of restricted advertising for every hour of broadcast, with a maximum of 6 minutes of restricted advertising in any single hour, up to an overall total of 504 minutes of advertising per week. The restricted advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1992-38.

In this regard, the Commission has noted and considered the intervention by the Alberta Broadcasters' Association as well as the Foundation's reply thereto.

The Commission notes that the station will continue to provide formal and informal educational programming. The Foundation will provide, by condition of licence, a minimum of 6.5 hours per week of formal educational programming. In this regard, the Commission accepts the Foundation's view that formal educational programming is that which is presented for accredited study at post-secondary educational institutions and which is presented by accredited educators, such as hosts and presenters who are teachers or qualified professors.

It is a condition of licence that the applicant 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.

It is also a condition of licence that the applicant 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.

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. The Commission expects the Foundation to support and endorse the objective of Employment Equity as set out in the Federal Employment Equity Act, and encourages the Foundation to develop and implement an effective plan of action to ensure that adequate employment equity practices are followed throughout is organization. The Commission reminds the Foundation to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources. In particular, the Commission encourages the licensee to promote equitable representation in on-air staff positions and in voice-overs of station-produced commercials.

The Commission acknowledges the interventions submitted with regard to this application and is satisfied with the applicant's replies to the interventions.

Allan J. Darling
Secretary General