ARCHIVED -  Decision CRTC 95-781

Decision

Ottawa, 27 October 1995

Decision CRTC 95-781

Greg Wilson

Dryden, Ontario - 931901300

Proposed Radio Programming Undertaking Devoted to Religious Programming - Denied

Following a Public Hearing held in Winnipeg beginning on 5 June 1995, the Commission denies the application by Greg Wilson for a broadcasting licence to carry on an English-language, low power FM radio programming undertaking at Dryden, operating on the frequency 97.1 MHz (channel 246 LP) with an effective radiated power of 10 watts. The applicant proposed to broadcast a minimum of 20 hours each week of locally-produced Canadian programming and to rebroadcast 106 hours each week of programming received from the Moody Broadcasting Network (MBN) of Chicago, Illinois.

Canadian Programming

Paragraph 3(1)(f) of the Broadcasting Act (the Act) states that:

each broadcasting undertaking shall make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming, unless the nature of the service provided by the undertaking, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case, the undertaking shall make the greatest practicable use of those resources.

The applicant proposed to broadcast only 20 hours each week of Canadian programming. Although the applicant described this amount as the minimum it would broadcast, it was clear that most of the programming would be provided by a non-Canadian religious programming service.

Among other arguments cited as justification for the limited amount of Canadian programming proposed, the applicant contended that there is a shortage of appropriate Canadian religious programming. The applicant further argued that it would not be able to meet the Act's requirement for "high standard" programming if it were required to offer more than 20 hours of Canadian programming each week at this time. While the applicant stated at the hearing that it was willing to increase the amount of Canadian religious programming to be broadcast on the proposed station, it could not provide a specific time-frame or schedule for increasing the amount of Canadian content.

As stated in Public Notice CRTC 1993-78 dated 3 June 1993 and entitled "Religious Broadcasting Policy", the Commission considers that sufficient Canadian resources exist to produce attractive Canadian religious programming, including recorded music. The Commission notes that many religious organizations purchase airtime from stations to broadcast their programming or make their programming available free, and that other Canadian religious programming is available, either on a bartered or brokered basis.

The 20 hours weekly of Canadian programming proposed by the applicant consisted primarily of church music sung by local choirs, with minimal spoken word programming. At the hearing, the applicant advised the Commission that it would use second-hand equipment to record the church choirs, but failed to satisfy the Commission that this and its other studio equipment would be adequate to produce and broadcast even the modest amount of local programming proposed.

Relationship with a non-Canadian Broadcasting Service

Section 10 of the Radio Regulations, 1986 prohibits the licensee of a radio station from entering into an affiliation agreement with a non-Canadian entity. Affiliation exists where a broadcaster, as a condition of the acquisition of a program, is required to broadcast the program at a specified time or within a specified timeframe.

In response to questioning at the hearing, the applicant confirmed that there is no formal affiliation agreement with MBN and stated that it would control the selection, editing and scheduling of the programming received from MBN. The applicant, however, did not provide a clear indication that it had developed an operating and management system that would enable it to implement and supervise, on a daily or weekly basis, control of the programming received from MBN. Accordingly, the Commission could not determine whether or not, in fact, the applicant's relationship with MBN would constitute an affiliation. In any event, the applicant failed to convince the Commission that the proposed station would be more than a rebroadcaster of a foreign religious service. In fact, the applicant stated at the hearing:

... we are not a radio station. We are just a rebroadcaster.

Balance

The Act requires that the programming offered by the Canadian broadcasting system 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 religious issues. The Commission generally takes the view that the balance requirement would be met where a reasonably consistent listener is exposed to a spectrum of views on issues of public concern over a reasonable period of time.

As noted above, most of the programming to be broadcast on the proposed station would be received from MBN, a Christian-oriented service produced in the United States. Since it is a non-Canadian service, MBN is not subject to the Commission's balance requirement. For its part, the applicant provided no evidence that adequate mechanisms would be put in place to review MBN's programming and to ensure that it meets the balance requirement. In addition, the applicant failed to convince the Commission that it was committed to ensuring balance in its own locally-produced programming.

Ethics

The Commission expects each licensee to ensure that all religious programming broadcast on its undertaking complies with the guidelines on ethics set out in Public Notice CRTC 1993-78, including those that deal with the solicitation of funds over-the-air. 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.

When questioned at the hearing, the applicant stated that MBN's programming does not contain messages soliciting funds over-the-air. The applicant, however, could not confirm that MBN is aware of the Commission's guidelines on ethics, or that MBN would adhere to them. Subsequent to the hearing, the applicant submitted a letter from MBN dated 14 June 1995 stating that it had reviewed the Commission's religious broadcasting policy, and that it would follow the guidelines on ethics.

The Commission, nevertheless, is not satisfied that the applicant has presented clear and detailed plans as to how it would monitor adherence to the guidelines, and as to what action it would take should programming violate them.

Human Resources

The applicant stated that the proposed station would be operated entirely by volunteers. While the applicant indicated that there are many volunteers willing to work for the proposed station, it presented no plans to provide training for those volunteers. In addition, the applicant did not indicate that it would put in place the operating and management structures, or provide the technical staff, needed to operate a radio programming undertaking.

Conclusion

In view of all the foregoing, the Commission is not satisfied that an approval would serve the objectives of the Act and, accordingly, denies this application.

The Commission acknowledges the thirteen interventions submitted in support of this application. The Commission also acknowledges the two opposing interventions filed regarding this application and the applicant's responses thereto.

Allan J. Darling
Secretary Darling