ARCHIVED -  Decision CRTC 96-229

Decision

Ottawa, 17 June 1996

Decision CRTC 96-229

Bill Forrest, on behalf of a company to be incorporated

Kingston, Ontario - 952359800

New community radio programming undertaking

Following a Public Hearing in the National Capital Region beginning on 15 April 1996, the Commission approves the application for a broadcasting licence for an English-language FM community radio programming undertaking at Kingston, on the frequency 91.9 MHz, channel 220LP, with an effective radiated power of 6.5 watts.

The Department of Industry has advised that the transmitter will have an effective radiated power of 6.5 watts rather than 8 watts, as had been indicated in CRTC Notice of Public Hearing 1996-2 dated 16 February 1996.

Consistent with Public Notice CRTC 1992-38 dated 29 May 1992 entitled "Policies for Community and Campus Radio" and subject to the requirements of this decision, the Commission will issue a licence for a Type B community radio station. This licence will expire on 31 August 2000, and will be subject to the conditions specified in this decision and in the licence to be issued.

The licence term granted herein, while less than the maximum of seven years permitted under the Broadcasting Act (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for community radio undertakings across Canada and to better distribute the workload within the Commission.

The frequency approved by this decision is an unprotected frequency. Accordingly, the applicant would have to select another frequency for the operation of the station should optimum utilization of the broadcasting spectrum so require.

The Commission notes that this community station will be owned and controlled by a not-for-profit organization whose structure provides for membership, management, operation, and programming primarily by members of the community at large.

The Commission expects community radio to develop innovative and alternative forms of community-oriented programming that contribute to the diversity and variety of radio services within a community. It also expects community radio to focus on all aspects of the community, by offering programming which examines issues affecting all of its members, as well as programs which deal with matters of interest to specific elements within it, such as neighbourhoods, surrounding towns, villages, and specific interest groups.

In this regard, the Commission notes that the station will broadcast 50 hours per week of local programming, of which 1.5 hours will be in the French language and 0.5 hours in the Chinese language.

The Commission also notes that the station will broadcast a minimum weekly level of 25% of news and spoken word. The Commission further notes that the Canadian content will be 30% in Category 2 music and 10% in Category 3 music and ethnic program periods.

It is a condition of licence that the applicant broadcast no more than 6 minutes of advertising in any hour of broadcast, and that it broadcast an average of no more than 4 minutes of advertising for every hour of broadcast up to a total of 504 minutes of advertising per week. As long as the applicant is broadcasting 50 hours of programming per week, as intended, the maximum amount of advertising would total 200 minutes.

In addition, the Commission authorizes the applicant to broadcast a maximum of 8 minutes per hour of advertising during ethnic programs, providing that the overall maximum of 200 minutes of on-air advertising is observed.

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. It considers that community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

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 accepted 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 accepted by the Commission.

This authority will only be effective and the licence will only be issued at such time as construction of the undertaking is completed and it is prepared to commence operation. If the construction is not completed 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 operation before the expiry of this period, and that an extension of time is in the public interest, within such further periods of time as are approved in writing by the Commission, the licence will not be issued. The applicant is required to advise the Commission (before the expiry of the twelve-month period or any extension thereof) in writing, once it has completed construction and is prepared to commence operation.

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 Act, the Commission will only issue the licence and the authority will only be granted 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.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General