ARCHIVED -  Decision CRTC 95-851

Decision

Ottawa, 24 November 1995

Decision CRTC 95-851

Life Broadcasting Inc.

Winnipeg, Manitoba - 940906100

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 Life Broadcasting Inc. (LBI) for a broadcasting licence to carry on an English-language television programming undertaking at Winnipeg, operating on channel 48 with an effective radiated power of 23,400 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 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 reli-gion. 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 Commission considers that LBI's plans remain unclear regarding the nature and the amount of balance programming to be broadcast on its proposed undertaking. At the hearing, LBI submitted an entirely new program schedule for its proposed station, the third schedule submitted by the applicant over the course of the application process. Further, several of LBI's statements at the hearing conflicted with commitments set out in its policy manual submitted to the Commission on 3 April 1995 and with the information contained in the schedule.

For example, in its policy manual and at the hearing, LBI made a commitment to broadcast 14 hours of balance programming each week, including 4 hours to be aired between 6:00 p.m. and midnight. In describing the proposed balance programming at the hearing, LBI stated that the station would broadcast two religious affairs programs, namely, "Perspective Forum" (3 hours each week) and "Public Forum" (3 hours 30 minutes each week) and make 7 hours of additional air time available each week for programming provided by other faith groups. The Commission notes, however, that the applicant's revised program schedule submitted at the hearing indicated only 3 hours each week of air time would be made available for other faith groups. As noted above, the two proposed religious affairs programs would account for only 6 hours 30 minutes each week. LBI failed to specify what programming would be broadcast during the remaining 4 hours 30 minutes each week of its 14-hour commitment to balance programming.

When asked at the hearing to explain the discrepancies between the commitments set out in its policy manual, its statements at the hearing and its revised program schedule, LBI failed to clarify the inconsistencies. In fact, LBI may have added to the confusion by stating:

 our current schedule shows roughly 19 hours of balanced programming as it sits right now.

LBI, however, failed to identify any programs that would be broadcast during these additional hours.

The Commission notes that, of the total of 6 hours 30 minutes to be given over to the broadcast of "Perspective Forum" and "Public Forum" each week, only 1 hour 30 minutes would be original; the remainder would be repeats aired at other times during the week. The Commission questions whether broadcasting repeats of programs would contribute to providing balance on the proposed station, particularly given the size and diversity of the Winnipeg market.

The Commission is not convinced that the programs proposed by LBI to present alternative viewpoints would actually provide balance. For example, LBI described "Perspective Forum", as an interactive television and telephone talk show that would encourage the expression of opinions and views on religion and other issues of public concern. The applicant stated that it would encourage members of all faiths to participate in this proposed program. The Commission notes, however, that LBI intended to receive "Perspective Forum" from Dominion Broadcasting Society (Dominion), whose application for a licence to operate a single-faith, over-the-air television station at Edmonton is also denied today in Decision CRTC 95-849. When asked at the hearing, what it would do should Dominion's application be denied, the applicant stated that it would produce its own "Perspective Forum" or, failing that, would use a similar program that was proposed by Victory Christian Fellowship in its application for a licence for a single-faith,over-the-air television station to serve Lethbridge, Alberta (approved in Decision CRTC 95-129).

The Commission notes, however, that LBI was unable to provide any specific details regarding its plans to produce its own "Perspective Forum" and "Public Forum". With regard to LBI's proposal to use "Perspective Forum" from the Lethbridge station, the Commission notes that an interactive talk-show program produced for a Lethbridge audience would not fulfil LBI's obligation to reflect the interests of residents of Winnipeg. The Commission further notes that LBI also stated at the hearing that, if other single-faith religious television stations were not licensed, it "would probably end up using entirely Lethbridge programming".

According to LBI, "Public Forum" would present alternative views on religion and other issues of public concern by broadcasting community and other relevant news, along with editorial comments on letters and phone calls. The Commission does not consider that the presentation of community news and upcoming events by other faith groups would necessarily expose viewers to a variety of points of view.

As noted earlier in this decision, one of the ways that LBI proposed to offer balance was through providing 7 hours each week of air time to other local faith groups. The Commission considers that the provision of air time to local faith groups can be an effective means to provide balance. Given the size and diversity of Winnipeg, the Commission also considers that commitments to broadcast programming from other local faith groups are particularly important as a means to serve the needs of the community.

LBI advised the Commission that it had contacted 30 faith groups by letter and that it had received "favourable replies" expressing interest from four, of which two are non-Christian. The applicant also provided adequate evidence that these four groups would likely produce programming for the proposed station. However, the Commission does not consider that a commitment from only two non-Christian faith groups would satisfy its expectation that applicants demonstrate evidence that a broad cross-section of other faith groups are willing to participate in their proposed undertakings. Moreover, LBI failed to identify other sources for programming reflecting other faith groups if local groups did not participate.

In its policy manual, LBI stated that it would institute a Regulatory Review Committee. At the hearing, LBI advised the Commission that it would also establish a separate Balance Committee to monitor balance in programming. While LBI indicated that the proposed Balance Committee would include representatives from other faith groups, it failed to provide specific details about who would serve on this Committee. The Commission further notes that, when questioned at the hearing on how both the Regulatory Review Committee and the Balance Committee would function, LBI merely referred to its policy manual and was unable to elaborate on how the general framework set out in that manual would operate or on what corrective measures would be taken if balance was not being achieved.

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.

While LBI indicated that it would monitor live programming daily, based on LBI's responses at the hearing, the Commission is not convinced that LBI has adequate and viable plans to implement procedures to ensure compliance with the guidelines.

Local Reflection

As stated in Public Notice CRTC 1995-198 introducing this and other decisions released today on applications for licences to operate over-the-air television stations devoted to religious programming, the Commission has assessed the adequacy of the plans and commitments put forward by the applicant to provide local reflection, taking into account the size and diversity of the community it proposes to serve.

The Commission notes that many of the programs listed in LBI's schedule as local programs also appear as local programs in Dominion's application for a single-faith television station at Edmonton. For this reason, the Commission questions how much of the programming proposed by LBI as local would be, in fact, reflective of the community of Winnipeg.

LBI could provide local reflection through the air-time that it would make available to other, local faith groups. As discussed earlier in this decision, however, there are inconsistencies in LBI's statements regarding the number of hours of programming from other faith groups that the station would broadcast, as well as a lack of evidence that a variety of local, non-Christian groups would, in fact, participate. The Commission considers that these inconsistencies raise concern regarding LBI's commitment in this regard.

Business Plan

LBI's financial projections indicated that it would obtain most of the revenues for the proposed station through donations that it would solicit through telethons. When asked at the hearing to describe the frequency and format of the telethons, LBI responded "that we would just be on long enough to raise the money we need".

LBI also stated that, if it experienced a shortfall in funding, it would not decrease the amount of Canadian programming broadcast on its proposed station. The applicant admitted, however, that, in such circumstances, the quality of the Canadian programming would decrease. LBI also ackowledged that its business plan relies quite heavily on the licensing of other religious stations with which it could share programs.

The Commission is of the view that the uncertain and inconsistent nature of LBI's financial plans demonstrate a lack of financial preparation. This places further in doubt LBI's ability to meet its programming commitments, including those with respect to the provision of balance programming on a consistent, long-term basis.

Conclusion

In view of all of 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 many interventions submitted both in support of and in opposition to this application, and the applicant's responses thereto.

Allan J. Darling
Secretary General