ARCHIVED - Broadcasting Decision CRTC 2002-89

Broadcasting Decision CRTC 2002-89

Ottawa, 17 April 2002

William Yuzicapi, on behalf of a corporation to be incorporated
Okanese Indian Reserve, Saskatchewan

Application 2001-0727-8
Public Hearing in the National Capital Region
14 January 2002

New community radio station

1.

The Commission approves the application by William Yuzicapi (OBCI) for a broadcasting licence to operate a Type B English-language FM community radio programming undertaking at the Okanese Indian Reserve.

2.

The Commission acknowledges the intervention submitted in support of this application.

3.

The Commission will issue a licence expiring 31 August 2006. The terms and conditions of licence are set out in the appendix to this decision.

4.

The Commission has granted a licence term that is less than the maximum of seven years permitted by the Broadcasting Act because it wishes to review, at an earlier date, the applicant's performance in fulfilling the objectives for community radio stations as outlined in the Community Radio Policy, Public Notice CRTC 2000-13, 28 January 2000. The Commission's concerns in this regard are discussed below.

Programming

5.

The Community Radio Policy states that a community radio station must, as part of its role and mandate, provide community access to the airwaves and offer diverse programming that reflects the needs and interests of the community that it is licensed to serve. The programming must include music by new and local talent, music not generally broadcast by commercial stations, local information and spoken word programming.

6.

While the proposed community station will be located in the Okanese Indian Reserve, its coverage will extend to a significant portion of south-eastern Saskatchewan, including the towns of Melville and Fort Qu'appelle. In its application, the applicant described a variety of ways that the programming of the station will reflect Aboriginal peoples in the service area. The Commission finds, however, that the applicant did not provide sufficient details on how the programming will reflect the non-native population of the area. The Commission expects the new station to broadcast programming that responds to the needs and interests of the non-native population as well as of the First Nations people within the extensive coverage area.

7.

The applicant indicated that the station would broadcast a total of 126 hours of programming each week. Community radio licensees have the flexibility to reduce or increase their weekly broadcast time by up to 20% without application to the Commission. A change of more than 20%, however, requires prior Commission approval.

8.

The applicant stated that it would comply with all of the programming requirements of the Community radio policy. During each broadcast week, the applicant will devote 75% of its news programming time to local news, and 25% to regional news. At least 20% of all musical selections played in each broadcast week will be from subcategories other than the content subcategory 21 (Pop, rock and dance) and at least 5% will be from content category 3 (Special interest music).

9.

The Commission requires the applicant, by condition of licence, to devote, in each broadcast week, 12% or more of its musical selections from content category 3 to Canadian selections broadcast in their entirety.

10.

The applicant made a commitment to promote new and local talent by airing recordings and live performances. The Commission expects the applicant to implement the initiatives set out in its plan for Canadian talent development.

Ownership and control of the station

11.

In accordance with the definition set out in the Community Radio Policy, a community radio station must be owned and controlled by a not-for-profit organization which provides for membership, management, operation and programming primarily by members of the community at large. The Commission has reviewed the draft articles of incorporation included in the application and is satisfied that the station will be owned and controlled by a not-for-profit corporation. The Commission notes, however, that the draft articles indicated that the Okanese First Nation would be the sole member of the proposed corporation. Accordingly, the Commission is concerned that only members of the Okanese First Nation would be involved in the management, operation and programming of the proposed station. The applicant must take measures to ensure that the structure of the proposed corporation complies with the Community Radio Policy.

12.

The Commission notes that the board of directors is ultimately responsible for ensuring that the station abides by its conditions of licence and the Radio Regulations, 1986. Theapplicant did not provide any information in its application regarding the composition of the station's board of directors.

13.

In light of the concerns discussed above, the authority given in this decision will only be effective, and the licence will only be issued when the applicant has filed the following:

· documentation that clearly demonstrates to the satisfaction of the Commission that an eligible Canadian corporation has been incorporated in accordance with Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268 (Direction to the CRTC), and with the Community Radio Policy and that this corporation may be issued a licence.

· the names of the directors and officers of the station, their citizenship and residential address as soon as the information is available. In accordance with the requirements of the Direction to the CRTC, the chief executive officer and not less than 80% of the members of the board of directors must be Canadians ordinarily resident in Canada. The board must be made up of a broad representation of the community served by the station.

14.

These and other requirements that must be fulfilled before this authority will be effective, and before the Commission will issue a licence for the proposed station are set out in the appendix to this decision.

Use of volunteers

15.

The Commission expects the applicant to develop plans to train and supervise volunteers from the community who wish to participate in the station's programming. The Commission expects the applicant to involve members of the non-native population living in the extensive service area of the new station.

Employment equity

16.

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

Secretary General

Appendix to Broadcasting Decision CRTC 2002-89

Type B community radio programming undertaking at Okanese Indian Reserve

Issuance of the licence

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

· submits documentation that clearly demonstrates to the satisfaction of the Commission that an eligible Canadian corporation has been incorporated in accordance with the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268 (Direction to the CRTC) and with the Community Radio Policy, and that this corporation may be issued a licence.

· submits the names of the directors and officers of the station, their citizenship and residential address as soon as the information is available. In accordance with the requirements of the Direction to the CRTC, the chief executive officer and not less than 80% of the members of the board of directors must be Canadians ordinarily resident in Canada. The Commission expects that the board be made up of a broad representation of the community served by the station.

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

In accordance with section 22(1) of the Broadcasting Act, the Commission will only issue the licence when it receives notification from the Department that its technical requirements have been met, and that a broadcasting certificate will be issued.

Terms and conditions of the licence

The licence, when issued, will expire 31 August 2006. It will be subject to the conditions set out in New licence form for community radio stations, Public Notice CRTC 2000-157, 16 November 2000. The licence will also be subject to the following condition:

1. The licensee must devote, in each broadcast week, 12% or more of its musical selections from content category 3 (Special interest music) to Canadian selections broadcast in their entirety.

The station will broadcast on the FM band, on 95.3 MHz, channel 237B, with an effective radiated power of 50,000 watts.