ARCHIVED - Decision CRTC 2001-314

Decision CRTC 2001-314

Ottawa, 5 June 2001

Gary Farmer, on behalf of a company to be incorporated (Aboriginal Voices Radio; AVR)
Vancouver, British Columbia
2000-1529-9

20 November 2000 Public Hearing
in Burnaby

New Aboriginal-language radio station to serve Vancouver approved in part

1. 9;

At the Burnaby Public hearing in November 2000, the Commission heard two applications proposing the use of FM frequency 90.9 MHz for the operation of new radio services in the Vancouver area. By this decision, by majority vote, the above-noted proposal by Aboriginal Voices Radio (AVR) is approved in part.

2. 9;

By Decision CRTC 2001-315 of today's date, the Commission, also by majority vote, approves in part the application by Simon Fraser Campus Radio Society (Simon Fraser) for a broadcasting licence to carry on a new community-based campus radio station at Burnaby.

3. 9;

In each case, however, the Commission will only issue a licence provided the applicant submits, within six months of today's date, an application proposing the use of another radio frequency that is acceptable to both the Commission and to Industry Canada. Any request for an extension to this deadline requires Commission approval and must be made in writing within the six-month period.

4. 9;

As stated in Public Notice CRTC 2001-63 that accompanies these and other decisions issued today, the Commission considers that neither the AVR application nor that by Simon Fraser would constitute the best possible use of the 90.9 MHz frequency.

5. 9;

Concerning AVR's application, the Commission is nevertheless satisfied that the proposed service is consistent with the objectives of the Broadcasting Act, in particular its call for the provision of programming reflective of Canada's Aboriginal cultures, and that approval of the application is warranted.

6. 9;

In reaching this decision, the Commission has considered the comments contained in the opposing intervention by the licensee of CFNR-FM, a native-language radio station serving Terrace. Based on the available evidence, however, the Commission is convinced that there is strong demand for the delivery of the proposed service, and broad support, as well, for the applicant's proposal among the urban Aboriginal population of the Lower Mainland. Moreover, at the hearing, the applicant and its supporters indicated that they were willing to assist in the development of a cooperative working relationship between AVR and CFNR-FM.

7. 9;

The Commission notes in this regard the 37 written interventions that were submitted endorsing AVR's application. It also notes the Statistics Canada 1996 census data indicating that Vancouver is home to some 31,100 Aboriginal residents. The Commission therefore encourages the applicant to submit plans without delay for use of an alternative frequency to deliver this service to the Vancouver area.

8. 9;

AVR will operate the proposed Vancouver station as a not-for-profit undertaking. During its initial years of operation, the station will for the most part broadcast programming originating with the FM radio station licensed to AVR in Toronto (Decision CRTC 2000-204). AVR indicated that its goal is to introduce local Vancouver programming over time, increasing to as much as thirty hours per week by the end of the first licence term. It described its plans in this regard to establish a Vancouver news bureau by June of this year, and to acquire a local studio for the production of programming other than news.

9. 9;

With respect to local advertising, a spokesperson for the applicant made the following statement at the hearing:

... we promised in our application that at such time as we thought that local advertising would be an important part of our business plan, we would come back to the Commission and ask for approval for that. But right now our advertising revenues are based upon local sales in Toronto and national ads on top of that...

10.

The Commission considers that AVR's plans in this regard are consistent with the Commission's long-standing position that radio stations should generally provide local programming in return for access to revenues from local advertising.

11. 9;

In addition to the stipulation noted earlier that AVR must seek approval for use of a frequency other than that proposed in its application, the licence will be subject to various terms and conditions. These are set out in the appendix to this decision and will be specified in the licence to be issued.

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: www.crtc.gc.ca 

Appendix to Decision CRTC 2001-314

Terms, conditions of licence and notations pertaining to the licence to be issued to Gary Farmer, on behalf of a company to be incorporated (Aboriginal Voices Radio), for a new FM station to serve Vancouver

The Commission will only issue the licence, and it will only be effective at such time as:

· the applicant submits, within six months of the date of this decision, an application proposing the use of a frequency that is acceptable to both the Commission and Industry Canada. Any request for an extension to this deadline requires Commission approval and must be made in writing within the six-month period;

· the Commission receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects and that this corporation may be issued a licence; and

· the licensee confirms in writing that it is ready to begin operation. This must take place within 12 months of today's date. Any request for an extension to that deadline requires Commission approval and must be made in writing within that period.

Consistent with its Native Broadcasting Policy (the policy), the Commission will issue a licence for a Type B Native FM radio undertaking. The licence, when issued, will expire 31 August 2006.

Conditions of licence

This licence will be subject to the conditions specified in this decision and in the licence to be issued. By conditions of licence, the licensee must:

· ensure that a minimum of 2% of all programming is broadcast in a Canadian aboriginal language;

· ensure that a minimum of 2% of all vocal musical selections played during each broadcast week is in a Canadian aboriginal language;

· ensure that a minimum of 25% of all programming broadcast each broadcast week is spoken word programming;

· ensure that a minimum of 35% of all musical selections from Category 2 - Popular music, played in each broadcast week are Canadian selections, played in their entirety;

· 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 approved by the Commission; and

· adhere to the provisions of the CAB's Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

Dissent by Commissioner Jean-Marc Demers

Commissioner Jean-Marc Demers dissents from this and from four other majority decisions on applications for new or amended radio licences heard at the 20 November 2000 public hearing in Burnaby. The Commissioner dissents, as well, from Public Notice CRTC 2001-63 Introductory statement to Decisions CRTC 2001-312 to 2001-320: Radio applications considered at the 20 November 2000 public hearing in Burnaby, B.C. The rationale underlying Commissioner Demer's dissent is presented at the conclusion of Public Notice 2001-63.