ARCHIVED -  Decision CRTC 95-782

Decision

Ottawa, 27 October 1995

Decision CRTC 95-782

Roger de Brabant, on behalf of a company to be incorporated

Timmins, Ontario - 950163600

New Christian music FM radio station - Approved

Following a Public Hearing in the National Capital Region held on 17 July 1995, the Commission approves the application for a broadcasting licence for an English-language (Specialty) FM radio programming undertaking at Timmins on the frequency 102.3 MHz, channel 272A1, with an effective radiated power of 84 watts.

The Commission will issue a licence expiring 31 August 2000, subject to the conditions specified in this decision and in the licence to be issued. The licence will only be issued upon receipt, by the Commission, of incorporating documentation and, if applicable, proof that the corporation has been registered with Revenue Canada in accordance with the Income Tax Act. This term will enable the Commission to consider the renewal of this licence at the same time as that of other radio stations in the area.

As discussed at the hearing, a minimum of 95% of the music broadcast on the new station will be non-classic religious music drawn from Christian sources. In his application, Mr. de Brabant proposed a locally-produced service operated entirely by volunteer staff. The service will showcase Christian music 24 hours a day, with live on-air hosts during the morning drive period on weekdays. The applicant's proposal included a commitment to broadcast the service entirely without commercial content, including any solicitation of funds.

During questioning at the hearing, Mr. de Brabant explained that, rather than rely on commercial revenues, the station's operating expenses will be met through payments from individuals for the use of an outdoor electronic display sign located in downtown Timmins. For a monthly fee, donors will have their greetings or favourite quotations regularly displayed on the sign. The applicant made a commitment not to broadcast any message soliciting payment for the use of the outdoor display. The Commission reminds the licensee, in any case, that such a message would constitute a commercial message.

Consistent with the applicant's commitment, it is a condition of licence that the licensee shall not broadcast any commercial messages.

The Commission notes the applicant's commitment, which forms part of his FM Promise of Performance, adherence to which is a condition of licence under The Radio Regulations, 1986 (the regulations), to broadcast 20% Canadian content weekly, rather than the 10% per week minimum required by the regulations for Category 3 - Traditional and special interest music. The applicant stated at the hearing that there are many little-known Canadian artists recording in the Christian music genre, and that "the more Canadian music that people are exposed to, the better it is for our new artists".

In his Promise of Performance, the applicant also made the commitment that 100% of the material broadcast would be produced locally. During discussions at the hearing, the applicant confirmed his understanding that network or syndicated programming would not be considered local production, and could therefore not be broadcast.

The Commission has taken note of the licensee's plans to create an Advisory Board of six members, drawn from various churches in the Timmins community. The mandate of the Advisory Board will be to receive balanced input from various faiths, and to screen all music to ensure that no potentially offensive material is broadcast.

In approving this application, the Commission has taken into consideration the increase in musical diversity the proposed station will bring to Timmins through its provision of music, at least 95% of which will be in the non-classic religious category, and by virtue of the fact that the station will broadcast only local programming. In addition, the Commission notes that, due to the non-commercial nature of the proposal, there will be no negative impact on the revenues of other broadcasters in the market. It also notes that approval of this application will still leave many other radio frequencies available for use in the Timmins market.

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. In this regard, the Commission encourages the applicant to consider employment equity practices in all aspects of his management of volunteer or paid staff.

It is a condition of licence that the licensee 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 accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

This approval is subject to the requirement that construction of the undertaking be completed and that it be in operation within twelve months of the date of this decision, or where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete construction and commence operations before the expiry of this period and that an extension is in the public interest, within such further periods of time as are approved in writing by the Commission.

Should construction not be completed within the period stipulated in this decision or, should the Commission refuse to approve an extension of time requested by the applicant, the authority granted shall lapse and become null and void upon expiry of the period of time granted herein or upon the termination of the last approved extension period.

The Department of Industry has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence and the authority granted herein may only be implemented at such time as written notification is received from the Department of Industry that its technical requirements have been met, and that a Broadcasting Certificate will be issued.

The Commission acknowledges the interventions submitted in support of this application.

Allan J. Darling
Secretary General