ARCHIVED -  Decision CRTC 97-138

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CRTC 97-138

Ottawa, 15 April 1997

Ivan Bendwell, on behalf of a society to be established
Trois-Rivières, Quebec - 199611505

New FM campus/community radio programming undertaking

Following a Public Hearing in Montréal beginning on 24 February 1997, the Commission approves the application for a broadcasting licence for a French-language FM campus/community radio programming undertaking at Trois-Rivières, on the frequency 89.1 MHz, channel 206A1, with an effective radiated power of 250 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 (the Act), will enable the Commission to consider the renewal of this licence in accordance with the Commission's regional plan for campus/community radio undertakings across Canada and to better distribute the workload within the Commission.

This authority will only be effective and the licence will only be issued at such time as the Commission receives documentation establishing that an eligible Canadian society has been established in accordance with the application in all material respects and that it may be issued a licence.

The proposed station will serve the student community of the Université du Québec à Trois-Rivières (UQTR). The Commission notes that the station will broadcast 104 hours of local programming per week and that it proposes to reduce its hours of broadcast to 84 hours per week during the summer period. In this regard, the Commission reminds the applicant that it is required to fulfill the minimum commitment for station-produced programming set out in its Promise of Performance. The applicant is also proposing to devote a minimum of 5% of its overall music programming to Category 3 music (special interest) and to broadcast 6 hours of ethnic programming per week.

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. As long as the applicant is broadcasting 104 hours of programming per week, as intended, the maximum permitted weekly amount of advertising would total 416 minutes with a maximum of 104 minutes of conventional advertising.

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% 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 thatthe 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 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

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