ARCHIVED - Broadcasting Decision CRTC 2002-463

Broadcasting Decision CRTC 2002-463

Ottawa, 20 December 2002

CKLN Radio Incorporated
Toronto, Ontario

Application 2001-1428-1
Broadcasting Public Notice CRTC 2002-25
15 May 2002

CKLN-FM Toronto - Use of the SCMO channel

The application

1.

The Commission receivedan application by CKLN Radio Incorporated (CKLN Radio), licensee of CKLN-FM Toronto, for authority to use a subsidiary communications multiplex operations (SCMO) channel¹ for the purpose of broadcasting a predominantly Farsi-language (Persian) radio service. This service would replace the one approved in New Greek-language SCMO service, Decision CRTC 99-78, 8 April 1999.

2.

Persian Vision Media Group would operate the new service and offer 168 hours of programming per week. At least 75% of the programming would be in Farsi with some programs provided in English to target second- and third-generation Canadians of Iranian descent. The programming would consist primarily of talk shows of interest to the professional members of the Iranian community.

3.

The applicant stated that the number of Iranians in the Toronto area doubles yearly and that the more than six daily Farsi newspapers in the Greater Toronto Area (GTA) were all very profitable due to the level of support from the community. In the applicant's view, the proposed service would not cause undue negative impact on existing broadcasters.

Interventions

4.

The Commission received two interventions in support of this application. Sedaye Rooz, whose proposal for a Farsi-language service using an SCMO channel of CING-FM Hamilton has been approved in CING-FM Hamilton - Use of the SCMO channel, Broadcasting Decision CRTC 2002-464 released today, was of the view that the Farsi-speaking population of the GTA is large enough to sustain a number of radio services and that this service would ensure the diversity of Farsi-language voices in the market. Mohamad Bidadi's support was based on the view that immigrants find it easier to adapt to a new country when services are available in their mother tongue.

5.

The Commission also received interventions opposing the application. Stella Ho stated that the media outlets and programming services currently in place adequately served and promoted the Farsi community in the GTA and, as an entrepreneur, felt unable to support an additional media outlet. Sarah Hashemi expressed the view that the applicant's plans to broadcast political programming could lead to the fragmentation of the Iranian community of Toronto, a view supported by another intervener, Mr. Shahram. Mohsen Shahriar of the Radio Sedaye Iran SCMO service approved in Use of SCMO channel - Approved, Decision CRTC 97-366, 31 July 1997, and currently broadcast on CFMX-FM-1, estimated the Farsi-language community in the GTA to be only 30,000 consisting mostly of elderly residents. According to the intervener, this community could not sustain more than one Farsi-language SCMO service.

6.

The applicant did not file a reply comment with the Commission.

The Commission's determination

7.

The Commission's policy regarding services using the SCMO channel of FM stations is set out in Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM), Public Notice CRTC 1989-23, 23 March 1989 (Public Notice 1989-23).

8.

The policy states that the Commission would be concerned if an SCMO service were to have a negative impact on existing local conventional ethnic broadcasters. 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. While the Commission notes the concerns raised in the opposing interventions regarding the possible negative impact of the proposed service on other SCMO services, the Commission's policy does not restrict competition between such services.

9.

Furthermore, no existing local conventional ethnic radio broadcasting service in the GTA filed an intervention opposing the application. The Commission is satisfied that approval of this application will not cause undue negative impact on existing local conventional ethnic radio stations. Further, the Commission considers that approval of the proposed service would add to the diversity and availability of Farsi-language programming for the Iranian community.

10.

Accordingly, the Commission approves the application by CKLN Radio to use an SCMO channel of radio station CKLN-FM Toronto for the purpose of broadcasting a predominantly Farsi-language service.

11.

The Commission reminds CKLN Radio that as stated in section 3(1)(h) of the Broadcasting Act, it is responsible for the programs that it broadcasts. It is therefore expected to ensure that its SCMO service is operated in a responsible manner and to adhere to the guidelines regarding the provision of SCMO services set out in Appendix A to Public Notice 1989-23.

Secretary General

¹ Programming broadcast using an SCMO channel is not accessible with standard radio equipment, and requires instead the use of a special receiver.