ARCHIVED -  Decision CRTC 96-707

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Ottawa, 24 October 1996
Decision CRTC 96-707
Radio Fredericton Inc.
Fredericton, New Brunswick- 199603783
New FM French-language community radio programming undertaking
Following a Public Hearing in Québec beginning on 9 July 1996, the Commission approves the application for a broadcasting licence for a French-language FM community radio programming undertaking at Fredericton, on the frequency 90.5 MHz (channel 213A), with an effective radiated power of 840 watts.
The Commission notes that Notice of Public Hearing CRTC 1996-5 dated 10 May 1996 wrongly indicated that this application was for a Type B community radio station. At the hearing, it was clarified that the application was for a Type A community radio station.
Accordingly, 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 A 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, 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 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.
The station will broadcast 40 hours of local programming per week and the remaining 86 hours of programming each week will originate from CITE-FM Montréal.
As it would be rebroadcasting programming from CITE-FM, the applicant requested that, for the hours of programming received from that station, it be relieved from the requirement to ensure that at least 15% of all programming broadcast each broadcast week is spoken word, as outlined in Public Notice CRTC 1992-38. The applicant however proposed to meet the minimum 15% spoken word requirement for its local programming.
The Commission has taken into account the fact that the programming from CITE-FM is largely musical in nature and that it will serve to complement the programming that is currently available in the market where it is not now distributed. The Commission is of the view that the proposed program content meets the requirements of the community radio policy and has approved the applicant's request. Accordingly, it is a condition of licence that the applicant meet the requirement for a minimum spoken word level of 15% during those periods when local programming is broadcast.
The Commission notes that the licence of this community station will be held by a not-for-profit organization whose structure provides for membership and management by members of the community at large. The Commission also notes that the Board of Directors is ultimately responsible for the operation and programming of the station.
Noting that this not-for-profit corporation will be supported in part by government loans or grants, the Commission reminds the applicant that it must retain full control over all management and programming decisions at all times.
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.
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.
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 Broadcasting 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.
The Commission acknowledges the interventions received in support of this application.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General

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