ARCHIVED -  Decision CRTC 96-776

Decision

Ottawa, 5 December 1996

Decision CRTC 96-776

N.I.B. 95.5 Cable FM Inc.

Winnipeg, Manitoba - 199605870

New campus instructional radio station

Following a Public Hearing in Vancouver beginning on 23 September 1996, the Commission approves the application for a broadcasting licence for an English-language FM campus instructional radio programming undertaking at Winnipeg, on the frequency 92.9 MHz, channel 225LP, with an effective radiated power of 45 watts.

Subject to the requirements of this decision, the Commission will issue a licence expiring 31 August 2000. This licence 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 campus radio undertakings across Canada and to better distribute the workload within the Commission.

The new station will be the fifth campus instructional FM station in Canada. In Public Notice CRTC 1992-38 dated 29 May 1992 entitled "Policies for Community and Campus Radio", campus stations are defined as those owned or controlled by a not-for-profit organization associated with a post-secondary educational institution. Additionally, a campus instructional station has the training of professional broadcasters as its primary objective.

The Commission notes that the affiliated college, the National Institute of Broadcasters (NIB), is not a traditional post-secondary institution. The applicant, however, is a registered not-for-profit organization without share capital. The Commission notes that while the NIB has financially supported this application and will provide financing as required, it has undertaken that it will not take an active role in the affairs of the applicant. The applicant has assured the Commission that it will be controlled by its board of directors and will be solely responsible for the ongoing day-to-day issues involving the operations and programming of the radio station.

The Commission is satisfied that the role of the proposed station is consistent with that set out in Public Notice CRTC 1992-38, and that, through its music and spoken word programming, it will complement existing commercial stations in the market.

In addition, the Commission notes that the applicant has committed to providing access to and training for community volunteers as well as those enrolled in the NIB. The Commission expects the applicant to adhere to this commitment.

While providing a training ground for broadcasters, the Commission expects instructional radio to provide alternative programming to their audiences.

In that respect, the Commission notes that the applicant will broadcast 10% of Category 3 (special interest) musical selections and 25% of programming broadcast will be spoken word.

The applicant will broadcast 126 hours per week of local programming, with a weekly news level of 5.8%. In Public Notice CRTC 1992-38, the Commission stated that campus instructional stations should devote at least 2 hours per week to educational programming. The Commission notes that the applicant will broadcast 4 hours of formal educational programming that provides academic instruction.

In accordance with Public Notice CRTC 1993-38 dated 19 April 1993 entitled "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations", the Commission authorizes the applicant, by condition of licence, to broadcast no more than 504 minutes of advertising per broadcast week, with a maximum of 4 minutes in any one hour. Of the weekly total of 504 minutes, a maximum of 126 minutes may be conventional advertising. The remainder of advertising broadcast must conform to the definition of restricted advertising set out in Public Notice CRTC 1993-38.

It is a condition of licence that the applicant retain full control over all decisions concerning the management and programming of this station and that representatives of the student body, faculty, alumni or administration representatives of the university or college with which the station is associated, considered together, form the majority of the board of directors. In addition, the Commission reminds the applicant that, in accordance with the requirements of the "Direction to the CRTC (Ineligibility of Non-Canadians)" P.C. 1996-479, the chief executive officer and not less than 80 per cent of the members of the board of directors must be Canadians.

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 campus/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.

This decision is to be appended to the licence.

Allan J. Darling
Secretary General