ARCHIVED - Broadcasting Decision CRTC 2002-227

Broadcasting Decision CRTC 2002-227

Ottawa, 8 August 2002

Red River College Radio, on behalf of a not-for-profit organization to be incorporated
Winnipeg, Manitoba

Application 2001-1020-6
Public Hearing at Winnipeg, Manitoba
4 February 2002

Application for a new instructional campus station to serve Winnipeg

The Commission approves the application by Red River College Radio, on behalf of a not-for-profit organization to be incorporated, for a new instructional campus FM radio station at Winnipeg. This is one of five new Winnipeg radio stations approved in Decisions CRTC 2002-224 to Decisions 2002-228 issued today.

The Commission's overall approach to the applications for new Winnipeg radio stations considered at the 4 February 2002 public hearing is set out in Introductory statement to Decisions CRTC 2002-224 to 2002-228: Applications for new radio stations to serve Winnipeg, Public Notice CRTC 2002-41, 8 August 2002.

The application

1.

At the 4 February 2002 Public Hearing, the Commission considered an application by Red River College Radio, on behalf of a not-for-profit organization to be incorporated, (Red River) for a new instructional campus FM radio station that would be associated with Red River College in Winnipeg. The proposed station would operate at 92.9 MHz (channel 225A1) with an effective radiated power of 201 watts.

2.

The new station would be financed by Red River College, as well as by projected advertising revenues ranging from $15,000 in year one to $40,000 in year seven of the licence term.

Interventions

3.

The Canadian Broadcasting Corporation (CBC) intervened in opposition to the application. The CBC was concerned that the operation of the proposed station at 90.5 MHz (channel 213A1), as the applicant had originally proposed, would result in interference to certain CBC stations. The Commission notes that, prior to the hearing, the applicant amended its application so that the proposed station would operate at 92.9 MHz rather than at 90.5 MHz. The Commission therefore finds that, given the change in the proposed frequency, the concerns raised by the CBC have been adequately addressed.

4.

The Commission further notes the interventions submitted in support of the application.

The Commission's analysis and conclusions

5.

In this section of the decision, the Commission examines whether Red River's overall programming commitments, and its proposals related to programming that provides academic instruction, local talent development, training of volunteers, and reflection of cultural diversity fulfil the terms of the Commission's Campus Radio Policy, Public Notice CRTC 2000-12, 16 November 2000 (the Campus Radio Policy).

Overall programming commitments

6.

Red River indicated that the station would operate 24 hours a day, 12 months of the year. It would offer varied programming, including a diversity of music, as well as news and events coverage, radio documentaries and educational programming.

7.

Red River indicated that it would accept conditions of licence obligating it to:

. devote, during each broadcast week, at least two-thirds of its programming to station-produced programming.

. devote at least 25% of its programming to Spoken Word (content category 1), which is comprised of News (content subcategory 11) and Spoken Word - Other (content subcategory 12), as defined in Revised content categories and subcategories for radio, Public Notice CRTC 2000-14, 28 January, 2000 (Public Notice 2000-14), as amended from time to time.

. devote, during each broadcast week, a minimum of 5% of its musical selections to musical selections from Special Interest Music (content category 3), as defined in Public Notice 2000-14, as amended from time to time.

. devote no more than 30% of all musical selections broadcast during each broadcast week to musical selections that qualify as hits, as defined in Revised Policy on the use of hits by English-language FM radio stations, Public Notice CRTC 1997-42, 23 April 1997, as amended from time to time.

. broadcast, during each broadcast week, no more than 504 minutes of advertising (content category 5), with a maximum of 4 minutes in any hour of the broadcast week.

. adhere to the Canadian Association of Broadcaster's (CAB) Sex-role portrayal code for television and radio programming and the CAB's Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

8.

The Commission notes that the conditions of licence that the licensee has accepted are standard conditions of licence for instructional campus stations as set out in New licence form for campus radio stations, Public Notice CRTC 2000-156, 16 November 2000. The Commission considers that the licensee's overall programming commitments reflect the provisions of the Campus Radio Policy.

9.

Further, and also in line with the Campus Radio Policy, the Commission expects the licensee to devote, during each broadcast week excluding vacation periods, at least 4% of its programming to news.

Programming that provides academic instruction

10.

At the hearing, the applicant indicated that it would include, in its programming, two hours per week of formal educational programming providing academic instruction and would be willing to accept this commitment as a condition of licence. This educational programming would be under the direction of the College's Distance Education Department and produced in conjunction with the Creative Arts Department.

11.

The Campus Radio Policy indicates that the Commission would "maintain the current requirement that a minimum of two hours of programming per broadcast week be formal educational programming."

12.

In light of the above, the Commission considers that the applicant's commitment with respect to programming that provides academic instruction reflects the terms of the Campus Radio Policy.

Local talent development

13.

The applicant indicated that 15% to 20% of the music broadcast by the proposed station would be "strictly Manitoba-based." Manitoba-based music would include selections by students of the College as well as by artists from Winnipeg and other parts of the province. Red River also indicated that it would explore the possibility of hosting an annual amateur musical talent competition.

14.

The Campus Radio Policy indicated that "campus stations have an important role to play in the development and exposure of local talent. The Commission expects campus stations to undertake initiatives to promote and feature music by new Canadian artists, local artists and artists whose music is seldom heard on other stations."

15.

The Commission considers that Red River's plan to promote and feature the music of Manitoba artists reflects the terms of the Campus Radio Policy as it relates to local talent development.

Training of volunteers

16.

The applicant indicated that students from the college's Creative Communications Program would work at the station to fulfil the requirements of the course. However, Red River indicated that it would also be willing to involve students participating in other courses as well as volunteers from the community-at-large as volunteers at the station. All volunteers would receive instruction concerning the requirements of the Radio Regulations, 1986 (the Radio Regulations) and about the various industry codes dealing with broadcasting. In order to help ensure that the station would remain in compliance with the Radio Regulations, Red River indicated that it would implement a delay system for any open-line programming that it broadcasts.

17.

The Campus Radio Policy indicates that applicants must set out their plans for training volunteers. The Commission considers that Red River's proposed training programs for students enrolled in the college's Creative Communications Program as well as for other volunteers who will work at the station are adequate to ensure that the new station's programming will meet the requirements of the Broadcasting Act (the Act), the Radio Regulations and the station's conditions of licence.

Cultural diversity

18.

The applicant submitted that its student body includes men and women from diverse cultural backgrounds and that its programming would be reflective of the students' diverse cultures, including Aboriginal cultures. Red River further indicated that music reflecting different cultures would be included in the nine hours of special interest music that the new station would broadcast each week.

19.

Section 3(1)(d)(iii) of the Act states, in part, that the Canadian broadcasting system should reflect the "multicultural and multiracial nature of Canadian society and the special place of Aboriginal peoples within that society." The Campus Radio Policy points out that the "cultural diversity present in many Canadian communities places campus stations serving those centres in a position to make a strong contribution to the reflection of that cultural diversity, especially by providing exposure to new and developing artists from minority cultural groups."

20.

The Commission considers that the applicant's plans to involve students from a variety of cultural backgrounds and to broadcast music reflecting different cultures further the objectives of the Act and of the Campus Radio Policy.

The Commission's determination

21.

In light of the above, the Commission approves the application by Red River College Radio, on behalf of a not-for-profit organization to be incorporated, for an instructional campus FM radio station to serve Winnipeg at 92.9 MHz (channel 225A1) with an effective radiated power of 201 watts.

Issuance of the licence

22.

The Commission will issue a licence to Red River College Radio, on behalf of a not-for-profit organization to be incorporated, with a licence term beginning 1 September 2002 and expiring 31 August 2009, subject to paragraphs 23 to 26 below and to the conditions set out in New licence form for campus radio stations, Public Notice CRTC 2000-156, 16 November 2000.

23.

This authority will only be effective and the licence will only be issued at such time as the Commission receives documentation establishing that the company has been incorporated in accordance with the application for a broadcasting licence in all material respects.

24.

The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.

25.

The Commission reminds the licensee that pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.

26.

Furthermore, the licence for this undertaking will only be issued once the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months of the date of this decision, unless a request for an extension of time is approved by the Commission before 8 August 2004. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date

Employment Equity

27.

The Commission considers that campus radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensee to consider these issues in its hiring practices and in all other aspects of its management of human resources.

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