ARCHIVED -  Decision CRTC 95-850

Decision

Ottawa, 24 November 1995

Decision CRTC 95-850

National Christian Television Inc.

Vancouver, British Columbia - 950067900

Proposed Over-the-Air Television Station Devoted to Religious Programming - Denied

Following a Public Hearing in Winnipeg beginning on 5 June 1995, the Commission denies the application by National Christian Television Inc. (NCT) for a broadcasting licence to carry on an English-language television programming undertaking at Vancouver, operating on channel 42 with an effective radiated power of 26,000 watts to broadcast religious programming from local studios and other Canadian sources, as well as programming originating from foreign sources.

In further decisions issued today, the Commission has denied six other applications for licences to carry on new religious, over-the-air television programming undertakings at various locations in western Canada. Today's decisions are accompanied by an introductory public notice, which provides a summary of the Commission's religious broadcasting policy and its background, and highlights certain of the concerns common to many of the applications considered at the Winnipeg Public Hearing (see Public Notice CRTC 1995-198).

Balance

The Broadcasting Act (the Act) specifies 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 ensure the provision of balance, 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 balance will be achieved where a reasonably consistent viewer or listener is exposed to a spectrum of views on issues of public concern within a reasonable period of time.

The application submitted by NCT included proposals for the provision of balance programming. The applicant made a commitment to broadcast a total of 10.5 hours per week of balance programming in the first year of operation, increasing to 14 hours per week in the second year. In year one, the total would include seven hours per week of original alternative viewpoint programming. Three and one-half hours of the weekly total of balance programming was to be made up of half-hour programs scheduled at 5:00 a.m. on weekdays, to be produced by other local faith groups. None of the proposed programming, however, was scheduled during the evening broadcast period of 6:00 p.m to midnight, those being the hours when the largest potential audience is generally available. When questioned on this matter at the hearing, NCT stated that it was not willing to make a commitment to broadcast a minimum amount of balance programming during the evening broadcast period.

The Commission is of the opinion that the proposed total of seven hours per week of original balance programming may not be sufficient to reflect the religious diversity found in a large city such as Vancouver. Moreover, while NCT has scheduled time for alternative viewpoint programming, the absence of any such programming during the evening broadcast period would substantially reduce the likelihood that the proposed amounts of balance programming would be available to an audience of any significant size. Further, the Commission notes that the applicant, although proposing to serve the needs of a large, diverse community, provided no firm commitments from other faith groups to participate in its multi-faith programming plans, and presented no alternative plans for program production in the event that participation by other faith groups does not materialize.

In addition to the concern relating to the amount of balance programming planned, the Commission is not convinced that all of the programs proposed by the applicant to present alternative viewpoints would actually provide balance. For example, "Religious Forum" is described by NCT as a one-hour educational program, the agenda of which would be developed and controlled by other faith groups. "Religious News" is a series of half-hour programs about specific non-Christian religions. NCT confirmed at the hearing, however, that it had not obtained a commitment from any local non-Christian groups in Vancouver to participate in these projects.

"Vancouver Today" was also identified by the applicant as a program that would offer balance programming. It was described as a one-hour discussion-oriented program featuring guests and co-hosts from various faith groups in Vancouver. NCT, however, did not provide details regarding how often representatives of non-Christian faith groups would be featured. Moreover, as with "Religious Forum" and "Religious News", the applicant did not provide any evidence of commitments that other faith groups would participate in this program.

The Commission is not satisfied that NCT has adequately demonstrated how its proposed balance programming would be monitored, and what type of corrective action would be taken in the event that balance is not being achieved. While the applicant made a commitment to establish a Regulatory Review Committee, which would include representatives from other faith groups, the Commission notes that NCT provided no information regarding who would sit on that Committee as representatives of other faith groups, nor did it give any indication that it had invited any such group to become involved. The applicant also failed to provide adequate details as to the specific procedures the Committee would follow to review programming, including, for example, the expected frequency of spot previews, and to address any lack of balance that is found, particularly with respect to acquired programs.

For the reasons set out above, the Commission considers that the application by NCT has not adequately addressed the issue of the provision and maintenance of balance in the Vancouver market.

Ethics

The Commission expects licensees to ensure that all religious programming broadcast on their undertakings complies with the guidelines on ethics set out in Public Notice CRTC 1993-78.

The applicant proposed various mechanisms it considered would ensure that the ethics guidelines would be met on an on-going basis. NCT's plans included the tape-delay, preview and possible editing of acquired programs, the education of station personnel on ethics issues, and the development of a formal code of ethics for the proposed station. While the Commission is of the opinion that all of the measures noted above could be effective, it nevertheless remains concerned that NCT provided no detailed plans respecting either the frequency or methods to monitor programming to ensure that the proposed measures would consistently support the ethics guidelines.

Without clear and effective proposals for the monitoring of the ethics guidelines, the Commission is not confident that NCT has adequately planned for effective measures to ensure compliance with the guidelines on an on-going basis.

Local Reflection

As stated in Public Notice CRTC 1995-198, the Commission has assessed the adequacy of the plans and commitments put forward by this and the other applicants to provide local reflection, taking into account the size and diversity of the community each proposes to serve.

In Public Notice CRTC 1994-110, the Commission expressed its view that "the broadcast of programming by other denominations and faith groups offers a valid means of providing alternative points of view, as well as serving the needs of the local community."

Without evidence of firm commitments by other denominations or faith groups to participate in programming, or alternative plans to provide programs reflecting other faiths, the Commission is not satisfied that NCT has adequately demonstrated its ability to consistently meet the diverse needs of the local community.

Financing

The business plan filed by NCT with its application indicated that a total of $544,000 would be used to meet the establishment costs of the proposed station. This total would include a loan of $250,000 from Calvary Christian Church, as well as the donation of technical equipment worth $281,000 from Trinity Television Inc. (Trinity), an applicant for new Christian television stations in Edmonton and Winnipeg. NCT however, failed to provide the Commission with the required documentation confirming the availability of the equipment to be donated by Trinity. The Commission is therefore unable to determine the financial viability of the proposal. The Commission's concerns related to the applicant's financial plans are further raised by the applicant's projected debt repayment schedule, the total of which over seven years is inconsistent with the terms of the $250,000 loan from Calvary Christian Church.

The Commission is of the view that the incomplete and inconsistent nature of NCT's financial plans demonstrate a lack of financial preparation, and raise doubts related to the applicant's abilities to fulfil all of the programming commitments made in its application, in particular those with respect to the provision of balance programming.

Conclusion

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

The Commission acknowledges the many interventions submitted both in support of and in opposition to this application. The Commission also acknowledges the applicant's responses to the opposing interventions.

Allan J. Darling
Secretary General