ARCHIVED - Broadcasting Decision CRTC 2002-51

Broadcasting Decision CRTC 2002-51

Ottawa, 27 February 2002

Kispiox First Nations Community Radio
Kispiox, British Columbia

Application 2001-0522-2
Public Hearing in the National Capital Region
14 January 2002

New Native FM radio programming undertaking

1.

The Commission approves the application by Kispiox First Nations Community Radio for a broadcasting licence for a new Native Type B English- and aboriginal-language FM radio station at Kispiox. The terms and conditions of licence are set out in the appendix to this decision.

2.

The new station will broadcast 25 hours of local programming each broadcast week of which 20 hours will be in English and five in Gitxsan. It will offer 15 hours of musical programming of which 30% will be performed or composed by Natives.

3.

The applicant plans to address the specific needs and concerns of the Native population, to strengthen Native culture and promote the use of Native languages on the reserve. This will be accomplished by encouraging local musicians in the area to perform "Live on-air". The new station will also use cassettes or CD recordings of local artists as well as collect and build an aboriginal musical library.

4.

The approval of this application reflects Public Notice CRTC 2001-70 dated 15 June 2001. As indicated in the notice, the Commission no longer imposes limits on the advertising broadcast by Native radio stations and networks. However, the Commission requires that they broadcast a Canadian content level of at least 35% for category 2 music. A condition of licence in this regard is set out in the appendix.

5.

In Public Notice CRTC 2001-70, the Commission further encourages Native radio stations that wish to broadcast wrap-around programming after their daily sign-off, to use programming from another Native radio station or network. The Commission notes that the applicant also plans to air 101 hours of network programming from the Northern Native Broadcasting network, CFNR-FM.

6.

Section 10.1 of the Radio Regulations, 1986 ("the Regulations") requires licensees to own and operate their transmitters. The applicant has requested to be relieved, by condition of licence, of this requirement as it will be using the transmitting site and equipment of Northern Native Broadcasting in Terrace. The Commission approves the licensee's request. A condition of licence is set out in the appendix to this decision. Of course, the Commission expects the applicant to retain, at all times, full control of its undertaking, including control of its programming transmission and scheduling.

7.

The Commission has reviewed the intervention filed in support of this application.

Related CRTC documents

• Public Notice 2001-70 - Changes to conditions of licence for certain native radio undertakings

• Public Notice 2000-93 - Regulatory amendments to implement certain aspects of the revised policies for campus and community radio, and incorporate revised content categories for radio

• Public Notice 2000-14 - Revised content categories and subcategories for radio

• Public Notice 1990-89 - Native broadcasting policy

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 Broadcasting Decision CRTC 2002-51

Terms of licence for the natIve Type B FM radio programming undertaking at Kispiox

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

•  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.

• the Department of Industry, having advised that the application is conditionally technically acceptable, has determined that there is no unacceptable interference with NAV/COM services and indicated that it will issue a broadcasting certificate (section 22(1) of the Broadcasting Act).

The Commission will issue a licence for a Native FM radio programming undertaking (Type B), expiring 31 August 2008.

As proposed, the station will operate on the frequency 96.1 MHz, channel 241LP, with an effective radiated power of 11 watts.

The technical parameters approved in this decision are for a low-power unprotected FM service. Accordingly, the applicant would have to select another frequency for the operation of the service should optimum utilization of the broadcasting spectrum so require.

Conditions of licence

The licence will be subject to the conditions specified below and to any other condition specified in the licence to be issued.

1. The licensee must devote a minimum of 35% of all Category 2 musical selections broadcast during each broadcast week to Canadian selections.

2. The licensee is relieved from the requirement of section 10.1 of the Radio Regulations, 1986 that it own and operate its transmitter.

3. The licensee must adhere to the provisions of the Canadian Association of Broadcasters' (CAB) Broadcast code for advertising to children, as amended from time to time and approved by the Commission.

4. The licensee must adhere to the guidelines on gender portrayal set out in the CAB's Sex-role portrayal code for television and radio programming, as amended from time to time and approved by the Commission.