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ARCHIVED - Decision CRTC 2000-211

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Decision CRTC 2000-211
Ottawa, 28 June 2000
Radio 1540 Limited
Toronto, Ontario – 199916376
Application processed by
Public Notice CRTC 2000-24
dated 9 February 2000
New Tamil-language SCMO service

1.

The Commission approves the application by Radio 1540 Limited to amend the licence for CHIN-FM Toronto, by adding a condition of licence allowing the licensee to use a Subsidiary Communications Multiplex Operations (SCMO) channel for the purpose of broadcasting a Tamil-language radio service 126 hours a week. Canadian Thamil Radio Inc. (CTR) will operate the new SCMO service.

2.

Programming broadcast using an SCMO channel is not accessible with standard radio equipment, and requires instead the use of a special receiver.

3.

The Commission's policy regarding services using the SCMO channel of FM stations is set out in Public Notice CRTC 1989-23. The licensee is expected to adhere to the guidelines set out in Appendix A to that Public Notice.
Background

4.

Presently, there are six licensed ethnic radio stations and one ethnic television station serving Toronto. Four of the radio stations offer some Tamil-language programming: CHIN-FM, CJMR, CHKT and CIRV-FM.

5.

CTR currently offers Tamil-language programming on an SCMO service carried on CHIN-FM. This SCMO service broadcasts no more than 15% ethnic programming, as permitted by the Commission's Ethnic broadcasting policy set out in Public Notice CRTC 1999-117.
The application

6.

CTR wants to expand its SCMO service to Toronto's Tamil-speaking community by adding programming directed specifically to listeners under 40 years, including special programming for women, youth and children. All of the programming broadcast on the new SCMO service will be Tamil-language ethnic programming.

7.

The applicant filed the present application because the Commission's ethnic broadcasting policy states that, in markets where there is an over-the-air ethnic radio or television station, radio stations need Commission approval to offer an SCMO service which airs 15% or more ethnic programming.
Interventions

8.

In its evaluation of this application, the Commission has taken into consideration the 70 interventions submitted in support of the proposed service. The Commission has also noted the concerns expressed in 21 opposing interventions. Most of the opposing interveners argued that an approval would harm Toronto's two other SCMO services that offer predominately Tamil-language programming: one operated by the Canadian Thamil Broadcasting Corporation and carried on CFMX-FM Toronto, and the other operated by Geethavanni Inc. and carried on CJRT-FM. The interveners claimed that the market cannot sustain a third Tamil-language SCMO service.

9.

CTR replied that Toronto's Tamil community is growing. According to CTR, there are between 1,500 and 1,800 business within this community. It claimed that "an SCMO [service] can do well on only 8% of the Tamil advertising pool." The Commission is satisfied with the applicant's response to the interventions.
The Commission's decision

10.

The SCMO policy states that the Commission would be concerned if such a service were to cause any undue negative impact on existing local broadcasting services. Unlike licensed radio undertakings, SCMO services are not required to offer a minimum level of Canadian content, to make financial contributions to Canadian talent development, or, in general, to make specific programming commitments. The Commission is satisfied that approval of this application will not cause undue negative impact on any existing local licensed ethnic radio stations.
Related CRTC document
• Public Notice 1989-23 – Services using the vertical blanking interval (television) or subsidiary communications multiplex operation (FM)
Secretary General
This decision is to be appended to the licence.  It is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca
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