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Public Notice
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Ottawa, 28 January 1998 |
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Public Notice CRTC 1998-4 |
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CALL FOR COMMENTS ON A PROPOSED EXEMPTION ORDER
FOR TYPE A NATIVE RADIO STATIONS |
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1. In Public Notice
CRTC 1997-105 dated 1 August 1997, the
Commission set out an agenda for reviewing its policies for all sectors of
radio, including native radio. Noting that the Royal Commission on Aboriginal
Peoples, in its final report, recommended that the Commission consider
simplifying the application process for native broadcasters, the Commission
announced that it would review the regulations, policies and processes
applicable to these services with a view to identifying how they could be
streamlined or simplified. The Commission also announced that it would
canvass the views of a number of major native communications societies on
these issues and, in the fall of 1997, would begin a public process to
consider any changes to the current regulations, policies and procedures. |
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2. Following consultations with representatives
of the major native broadcasting societies operating in eleven regions across
the north, the Commission hereby announces for public comment its proposals
on these issues. |
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THE COMMISSION'S POLICY ON EXEMPTION ORDERS |
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3. Section 9(4) of the Broadcasting Act
(the Act) states: |
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The Commission shall, by order, on such terms as
it deems appropriate, exempt persons who carry on broadcasting undertakings
of any class specified in the order from any or all requirements of this Part
or of a regulation made under this Part where the Commission is satisfied
that compliance with those requirements will not contribute in a material
manner to the implementation of the [broadcasting policy for Canada]. |
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4. In Public Notice
CRTC 1996-59 dated 26 April 1996, the
Commission outlined its policy regarding the use of exemption orders, and
stated that it would exempt classes of programming undertakings only where
the following two criteria are met: |
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i) it is evident to the Commission that the
licensing and regulation of the class of undertaking will not result in a
significantly greater contribution to the Canadian broadcasting system,
whether with respect to the Canadian programming carried by the undertakings
of that class, or the expenditures on Canadian programming made by such
undertakings; and, |
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ii) it is evident to the Commission that
undertakings operating under the exemption order will not have an undue
impact on the ability of licensed undertakings to fulfil their regulatory
requirements. |
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TYPE A NATIVE RADIO UNDERTAKINGS |
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5. The Commission's current policy on native
broadcasting is set out in Public Notice CRTC
1990-89 dated 20 September 1990. The policy describes a native
undertaking as being: |
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... characterized by its ownership, programming
and target audience. It is owned and controlled by a non-profit organization
whose structure provides for board membership by the native population of the
region served. Its programming can be in any native Canadian language or in
either or both of the two official languages, but should be specifically
oriented to the native population and reflect the interests and needs
specific to the native audience it is licensed to serve. It has a distinct
role in fostering the development of aboriginal cultures and, where possible,
the preservation of ancestral languages. |
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6. The policy also defines a native radio
station as a Type A station "...if, at the time the licence is issued or
renewed, no other commercial AM or FM radio licence to operate a station in
all or any part of the same market is in force." |
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7. With respect to the first criterion for the
use of exemption orders, the Commission considers that the continued
licensing of Type A native radio stations will not result in a significantly
greater contribution to the Canadian broadcasting system than would be
achieved by exempting them. The Commission has long recognized the important
role played by native radio services in meeting the linguistic and cultural
needs of the native populations they serve. They thus clearly contribute to
the objectives of the broadcasting policy set out in the Act, in particular
the reflection of the "special place of aboriginal peoples" in Canadian
society, by providing culturally-relevant programming to the communities they
serve. It is the Commission's preliminary view, however, that the specific
licensing and regulatory requirements to which native radio undertakings are
currently subject, with the exception of those content-related regulations
noted below, do not materially further the objectives of the Act. |
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8. With respect to the second criterion, the
Commission notes that Type A native radio stations, by definition, do not
operate in markets served by any commercial radio station. The Commission
thus considers that exempting these undertakings would not have an undue
impact on the ability of licensed undertakings to fulfil their regulatory
requirements. |
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9. The Commission further recognizes that
barriers of language, culture and geography make licensing requirements
particularly onerous for operators of Type A native undertakings, especially
in light of the limited financial and other resources available to them. In
the consultations described above, representatives of native communications
societies were unanimous in supporting the exemption of these services. |
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10. For these reasons, the Commission is of the
preliminary view that exempting persons carrying on Type A native radio
stations from the requirement that they hold a licence is the most efficient
means of ensuring that operators of these undertakings are able to
concentrate their efforts and resources on serving the cultural and
linguistic needs of their communities. |
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PROPOSED EXEMPTION CRITERIA |
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11. In light of the foregoing, the Commission
calls for public comment on its proposal, as well as on the conditions for
exemption set out in the proposed exemption order for Type A native radio
programming undertakings contained in the appendix to this notice. Persons
carrying on Type A native radio undertakings that do not meet the conditions
for exemption established by the Commission following this public process
would continue to require a broadcasting licence from the Commission. |
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12. As a condition of exemption, the Commission
proposes that the Canadian content regulations would continue to apply to
Type A native radio stations. Retention of these requirements would be in
keeping with the Commission's general policy on exemption orders, and would
ensure that the exempt services continue to contribute to the attainment of
the Canadian programming policy objectives set out in the Act. |
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13. In addition to comments on the proposed
conditions for exemption, the Commission welcomes comments on the subject of
program logs and logger tapes, and more specifically, on whether exempt Type
A native radio stations should continue to be required to maintain such
records. While they are useful to the Commission in dealing with allegations
of non-compliance, many of those with whom the Commission consulted argued
that maintaining logger tapes of all programming is particularly burdensome
for these services, given their limited resources. |
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14. The Commission notes that the operation of
Type B native radio undertakings, which are defined as native radio
undertakings that operate in areas in which at least one other commercial AM
or FM radio licence is in force, would be unaffected by the proposed
exemption order and would continue to require a broadcasting licence. |
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CALL FOR COMMENTS |
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15. The Commission invites comments from any
interested party on all of these issues, including the suggested conditions
for exemption and any other related policy matter. Submissions should be
addressed to the Secretary General, CRTC, Ottawa, K1A ON2 and must be
received by 27 February 1998. While receipt of submissions will not be
acknowledged, they will be considered by the Commission and will form part of
the record of the proceeding. |
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Laura M. Talbot-Allan
Secretary General |
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This document is available in alternative
format upon request. |
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Appendix to Public Notice CRTC 1998-4
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PROPOSED EXEMPTION ORDER RESPECTING TYPE A
NATIVE RADIO STATIONS |
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The Commission, by this order made pursuant to
section 9(4) of the Broadcasting Act (the Act), exempts those persons
carrying on radio programming undertakings of the class defined below from
the requirements of Part II of the Act and from sections 6 through 14 of the
Radio Regulations, 1986 (the Regulations), subject to the condition
that sections 1 through 5 of the Regulations shall apply: |
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I. Purpose |
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The purpose of these radio programming
undertakings is to provide radio programming that reflects the interests and
needs of, and is specifically oriented to, the native communities they serve.
These undertakings have a distinct role in fostering the development of
aboriginal cultures and, where possible, the preservation of ancestral
languages. Programming may be in any native Canadian language or in either or
both of the two official languages. |
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II. Description |
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1. The undertaking is owned and controlled by a
non-profit organization whose structure provides for board membership by the
native population of the region served. |
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2. No commercial AM or FM radio programming
undertaking is licensed to operate in all or in any part of the geographical
area enclosed within: (a) the 5 millivolt-per-metre daytime official
contour of an AM station; or (b) the 500 microvolt-per-metre official contour
of an FM station. |
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3. The Commission would not be prohibited from
licensing the undertaking by virtue of any Act of Parliament, of the
Direction to the CRTC (Ineligibility of Non-Canadians), the
Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) or of
any other direction to the Commission by the Governor in Council. |
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4. The undertaking's programming complies with
the guidelines on gender portrayal set out in the Canadian Association of
Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio
Programming and the provisions of the CAB's Broadcast Code for
Advertising to Children as may be amended from time to time and approved
by the Commission. |
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5. The undertaking meets all technical
requirements of the Department of Industry and has acquired all
authorizations or certificates prescribed by the Department. |