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Broadcasting Decision CRTC 2003-117
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Ottawa, 17 April 2003
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Father Hernan Astudillo, on behalf of a corporation
to be incorporated as San Lorenzo Latin American Community Centre
Toronto, Ontario
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Application 2002-0255-7
Public Hearing at Toronto, Ontario
17 September 2002
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Ethnic AM community radio station in Toronto
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In this decision, the Commission approves the application by Father Hernan Astudillo, on behalf of a corporation to be incorporated as San Lorenzo Latin American Community Centre (San Lorenzo) for a new Type B community AM radio station in Toronto, Ontario to broadcast ethnic programming at 1610 kHz. The new station will direct its programming primarily to the Spanish-speaking community, which has origins in many different countries, and will also provide programming in Italian, in Portuguese and in Tagalog as well as ethnic programming in English and French.
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San Lorenzo's application is one of four applications for new Toronto radio stations approved today (Broadcasting Decisions CRTC 2003-115 to 2003-118). The Commission has also approved an application to change the technical parameters of a transmitter of an existing Toronto ethnic radio station (Broadcasting Decision CRTC 2003-119). The Commission's general analysis with respect to its consideration of the applications for Toronto radio stations considered at the 17 September 2002 Public Hearing is set out in Introductory statement to Broadcasting Decisions CRTC 2003-115 to 2003-120: Applications for new radio stations to serve Toronto, Broadcasting Public Notice CRTC 2003-20, 17 April 2003.
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Introduction
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1.
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On 22 March 2001, the Commission issued Call for applications for a broadcasting licence to carry on a radio programming undertaking to serve Toronto, Ontario, Public Notice CRTC 2001-39 (the Call). The Call, as amended by Public Notices CRTC 2001-39-1, 15 May 2001; CRTC 2001-39-2, 23 August 2001 and Broadcasting Public Notices CRTC 2001-39-3, 12 February 2002 and CRTC 2001-39-4, 4 March 2002, invited applications for licences to operate AM, FM and/or transitional digital radio programming services that clearly reflect the diversity of languages, as well as the multicultural and multi-ethnic reality of the Greater Toronto Area (GTA).
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2.
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In response to the Call, the Commission received 16 applications for new radio stations to serve the GTA, as well as an application to change the technical parameters of an existing transmitter. One of the applications was by Father Hernan Astudillo, on behalf of a corporation to be incorporated as San Lorenzo Latin American Community Centre (San Lorenzo) for a broadcasting licence to operate a Type B community AM radio programming undertaking to broadcast ethnic programming in Toronto. The Commission considered the applications in a proceeding that included a public hearing held in Toronto from 17 to 27 September 2002.
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3.
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In Introductory statement to Broadcasting Decisions CRTC 2003-115 to 2003-120: Applications for new radio stations to serve Toronto, Broadcasting Public Notice CRTC 2003-20, 17 April 2003 (the Introductory Statement), the Commission announces that it has approved four applications for new Toronto radio stations, including the application by San Lorenzo, as well as an application to change the technical parameters of an existing transmitter. This decision addresses the particulars of San Lorenzo's application.
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The applicant
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4.
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The applicant currently operates a not-for-profit community centre in Toronto to serve the needs of the Hispanic communities as well as other cultural groups in the city.
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Overview of the programming
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5.
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San Lorenzo proposed to broadcast 126 hours of programming in each broadcast week. All of the programming aired by the station would be community-based ethnic programs and at least 75% of the programming would consist of third language programs. The applicant planned to direct its programming to a minimum of four cultural groups in at least four different languages during each broadcast week. At least 7% of the musical selections broadcast by the station during ethnic programs would be Canadian.
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6.
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San Lorenzo proposed to target the Latin American community and other Spanish-speaking listeners in Toronto as its primary cultural group, with broadcasts in Spanish, representing 60% of the programming schedule. The station would also broadcast programming in Italian and Portuguese as well as in the Tagalog language targeted to the Filipino cultural group. In each broadcast week, the station would offer each of these cultural groups 6 hours of programming, respectively. The station would also broadcast ethnic programs in English and French targeting the four cultural groups to be served. The applicant considered that offering ethnic programs in each of Canada's official languages would foster integration of these cultural groups into the larger Canadian society.
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The interventions
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7.
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The Commission received seven interventions in support of San Lorenzo's application, including one with some 650 signatories and another that included two letters of support.
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8.
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Fairchild Radio Group Ltd. (Fairchild) expressed concern about the potential impact of a new ethnic station on its own operations. Fairchild is the licensee of ethnic station CHKT Toronto, a station that broadcasts programming primarily for the Chinese community. Fairchild recommended that any new ethnic radio station licensed to serve Toronto be subject to a condition of licence that either prohibits or restricts the amount of programming in Cantonese or Mandarin, or programming directed to Chinese audiences.
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9.
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CIRC Radio Inc. (CIRC), the licensee of ethnic radio station CIRV-FM Toronto, expressed similar concerns. In particular, CIRC opposed San Lorenzo's application because it proposed to broadcast Spanish-language programming during the same time that CIRV-FM offers programming in that language.
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10.
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For its part, BAF Audio Visual Inc., the licensee of the low-power, unprotected radio station CHEV Toronto currently licensed to operate at 1610 kHz with a transmitter power of 99 watts, opposed San Lorenzo's proposal to use 1610 kHz. The intervener stated that it intended to file an application with the Commission in the near future for a power increase and asked San Lorenzo to seek another AM frequency for its proposed station.
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The applicant's reply
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11.
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Although the third language programming to be offered by its proposed station would be broadcast in Spanish, Italian, Portuguese and Tagalog, San Lorenzo, in response to Fairchild's intervention, stated that it was willing to accept a condition of licence prohibiting it from broadcasting in Cantonese or Mandarin.
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12.
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With respect to CIRC's intervention, San Lorenzo noted that it planned to broadcast predominantly Spanish-language programming. San Lorenzo stated that, while it would be difficult to avoid offering such programming at the same time as CIRV-FM, the applicant would attempt to do so, when possible.
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13.
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In reply to BAF Audio Visual Inc., San Lorenzo pointed out that CHEV is a low-power, unprotected service and noted that in the station's original licensing decision, New low-power AM radio programming undertaking, Decision CRTC 97-514, 27 August 1997, the Commission had advised that the licensee would have to select another frequency for the operation of this service should optimum utilization of the broadcasting spectrum so require. San Lorenzo also stated that the Department of Industry (the Department) has indicated that there are still other AM frequencies available in the GTA.
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Evaluating the application
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14.
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As noted in the Introductory Statement, the Commission has considered the merits of San Lorenzo's application in light of the Call as well as how the application has met the provisions of Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999 (the Ethnic Policy)and Community radio policy, Public Notice CRTC 2000-13, 28 January 2000 (the Community Radio Policy).
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The Call
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15.
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As stated above, the Commission called for applications that clearly reflected the diversity of languages, as well as the multicultural and multi-ethnic reality of the GTA.
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16.
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The Commission notes that, under San Lorenzo's proposal, all of the programming broadcast by its proposed station would be community-based ethnic programming and 60% of it would be in the Spanish language and targeted to the many cultural groups within the Spanish-speaking community. As noted in the Introductory Statement, the Commission considers that, given the real and anticipated growth within the GTA's Spanish-speaking communities, it is in the public interest to license an additional radio station that concentrates on providing programming in Spanish. The applicant's specific commitments with respect to the amount of ethnic programming to be provided, as well as the cultural and linguistic groups to be served, are addressed in the following sections of this decision.
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The Ethnic Policy
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17.
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The Ethnic Policy includes a number of key provisions that the Commission has taken into account in its consideration of the applications for new ethnic radio services. Several of these provisions have been incorporated into the Radio Regulations, 1986 (the Regulations), as minimum standards that must be met.
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Levels of ethnic and third language programming
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18.
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Section 7.(1) of the Regulations stipulates than an ethnic radio station shall devote not less than 60% of its broadcast week to ethnic programs. Section 7.(2) states that at least 50% of an ethnic radio station's broadcast week must be devoted to third language programs, that is, programs in a language other than English, French or a language of the Aboriginal peoples of Canada.
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19.
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San Lorenzo's commitments to devote all of its broadcast week to ethnic programs and to devote at least 75% of its broadcast week to third language programs exceeds the minimum levels for such programming required by the Regulations. Given the objectives of the Call and the competitive nature of this proceeding, the Commission considers that it is appropriate to impose these commitments as conditions of licence. The conditions are set out in Appendix I to this decision.
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Broad service requirement
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20.
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Under the Ethnic Policy, ethnic stations should serve a range of ethnic groups in a variety of languages, since the scarcity of frequencies may not permit the licensing of an over-the-air single-language service for each ethnic group in a given market. This approach allows for the provision of service to groups that would not otherwise be able to afford their own single-language service.
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21.
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When dealing with applications for ethnic services, the Commission establishes the minimum number of distinct groups that a station must serve on the basis of the demographics of the community, the services already available, and the degree of support shown by local community organizations. The Commission also assesses the ability of ethnic stations to provide appropriate amounts of quality programming to ethnic groups, and the availability of ethnic programming from all stations serving a market. Where many distinct ethnic groups are served in the market overall, individual stations may be permitted to devote more hours of service to fewer groups.
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22.
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Since the GTA is currently served by six ethnic radio stations, the Commission is also concerned that new stations not simply duplicate the service already available from existing ethnic stations, but rather increase the range of ethnic programming available to GTA residents.
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23.
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San Lorenzo proposed to offer programming to a minimum of four cultural groups in a minimum of four languages during each broadcast week with a specific mandate to focus on community-based programming. The applicant made a commitment that at least 60% of all ethnic programs broadcast during each broadcast week will be in the Spanish language, targeting the many cultural groups within the Spanish-speaking community. The station will also offer programming targeted to the Italian, Portuguese and Filipino cultural groups and broadcast ethnic programming in English and French.
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24.
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In support of its plans to target its programming primarily to the Spanish-speaking community, San Lorenzo argued that Spanish is among the top five languages spoken in the GTA. It also noted that the Spanish-speaking community in the city has origins in some 20 countries including Mexico, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama, Cuba, Haiti, the Dominican Republic, Venezuela, Colombia, Ecuador, Peru, Bolivia, Chile, Argentina, Uruguay, Paraguay and Spain as well as the commonwealth of Puerto Rico. The applicant claimed that the Spanish-speaking community is currently the least served of all the major cultural groups in Toronto and supported its claim by citing CRTC data indicating that, in 2001, the city's Spanish-speaking listeners received only 18.3 hours of Spanish-language radio programming in each broadcast week.
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25.
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The applicant explained that it had decided to also target programming to the Italian, Portuguese and Filipino cultural groups because they are active participants in its community centre. Further, it noted that the Filipino community has cultural and historical ties with Latin America and that the Portuguese-speaking community has ties with South America, particularly Brazil.
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26.
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The Commission finds that the approach outlined by San Lorenzo is appropriate in that it will ensure the availability of more programming for the broad Spanish-speaking community in Toronto, which has origins in many different countries, and which is currently underserved by the GTA's existing ethnic radio stations. In addition, the proposed station will provide service in three different languages to three other cultural groups, which have origins in four different countries, and provide ethnic programs in English and French. Given the limited reach of the 1610 kHz frequency, the Commission considers that the applicant's plans are consistent with the provisions of the Ethnic Policy that an ethnic station serve a broad range of cultural groups within its coverage area.
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27.
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The Commission considers that it is appropriate to impose, as conditions of licence, the applicant's commitments to:
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- in each broadcast week, broadcast ethnic programs directed to a minimum of four cultural groups in a minimum of four different languages; and
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- devote a minimum of 60% of the ethnic programs broadcast in each broadcast week to Spanish-language programs, targeting the many cultural groups within the Spanish-speaking community.
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28.
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These conditions of licence are set out in Appendix I to this decision. The origins of each of the cultural groups to be served are listed in Appendix II.
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29.
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With respect to the intervention by Fairchild, the Commission notes San Lorenzo's commitment not to broadcast programming in Cantonese and Mandarin. Further, the Commission considers the imposition of a condition of licence with respect to the minimum amount of programming that must be broadcast in Spanish, the major language group that San Lorenzo identified in its application, will ensure that the applicant continues to orient its programming primarily to the Spanish-speaking community. The Commission, therefore, considers that it is not necessary to impose an additional condition of licence that would restrict San Lorenzo's ability to offer programming targeted to the Chinese community.
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30.
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In the case of CIRC, the Commission is mindful of the distinct community programming orientation to be offered by San Lorenzo and notes the applicant's commitment that it will endeavour not to schedule Spanish-language programming during the same time periods as CIRV-FM.
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Level of Canadian music
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31.
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Section 2.2(4) of the Regulations provides that, unless at least 7% of the musical selections broadcast during ethnic programming periods are Canadian selections, and such selections are reasonably scheduled throughout such periods, then at least 35% of all category 2 (popular music) selections and at least 10% of all category 3 (special interest music) selections broadcast during the entire broadcast week must be Canadian.
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32.
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San Lorenzo proposed to devote 7% of all musical selections broadcast during ethnic programming periods to Canadian selections. The Commission notes that San Lorenzo's commitment complies with the minimum requirements of the Regulations.
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Community Radio Policy
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33.
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The Community Radio Policy states that a community radio station should 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 should include music by new and local talent, music not generally broadcast by commercial stations, local information and spoken word programming.
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34.
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The importance that the Commission attaches to the reflection of local issues and concerns is also a key element of the Ethnic Policy.
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35.
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An essential component of San Lorenzo's programming plans is its commitment that at least 90% of the programs aired in each broadcast week will be local. The applicant stated that the spoken word programming will include newscasts with a strong emphasis on local stories, sports, panel discussions, open-line programming and current affairs programs covering issues such as immigration, finances, housing and health. The station will also broadcast programs featuring festivals and musical events.
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36.
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In terms of providing community access to the airwaves and supporting local Canadian talent development, the applicant stated that it will provide "opportunities for everyone who wants to disseminate their musical, artistic or acting performances and contribute to the promotion of cultural activities among all members of the community with creative interests." Most of the music aired on the station will be performed by local musicians and will include live, in-studio music. Each Saturday, the station will broadcast a talent show featuring literary and musical talent as well as "anything that can be expressed through radio." The applicant also planned to provide recording equipment and facilities to local performers to produce CDs and stated that it will promote their creative products.
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37.
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The Commission finds that San Lorenzo's plans and commitments, as outlined above, are consistent with the Community Radio Policy and with the Ethnic Policy. The Commission expects the applicant to implement the initiatives set out in its plan for Canadian talent development.
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Ownership and control of the station
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38.
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In accordance with the definition set out in the Community Radio Policy, a community radio station should be owned and controlled by a not-for-profit organization that provides for membership, management, operation and programming primarily by members of the community at large.
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39.
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The Commission has reviewed the draft articles of incorporation included with the application and is satisfied that the station will be owned and controlled by a not-for-profit organization.
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40.
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The Commission notes San Lorenzo's statement that membership in its community centre will be open to all persons within the greater community and not only to Spanish-speaking individuals. San Lorenzo also stated that the station's board of directors will be distinct from the community centre's board, and will represent a variety of cultures, religions and professions that truly reflect the ethnic communities to be served. The station's board of directors will also act as an advisory council to monitor the station's performance in fulfilling its programming objectives as an ethnic community radio station.
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41.
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The Commission expects the board of directors, acting as an advisory committee, to ensure, among other things, that the radio station adheres to the Regulations, itsconditions of licence and that it respects the Ethnic Policy and the Community Radio Policy.
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Participation of volunteers
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42.
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The Community Radio Policy indicates that the participation of volunteers is an important factor in the operation of a community radio station. The Commission therefore expects broadcasters to facilitate community access to programming; promote the availability of training throughout the community; and provide for the ongoing training and supervision of those within the community wishing to participate in programming.
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43.
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San Lorenzo stated that 95% of the station's staff will be volunteers. The applicant confirmed that the station management will fully train and supervise all staff, including volunteers, to ensure that they operate the station in accordance with its licensing requirements.
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44.
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The Commission is satisfied with the applicant's proposals regarding the use of volunteers to operate the station and expects the applicant to give effect to the measures designed to encourage the participation of volunteers.
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The Commission's determination
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45.
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Based on the record of this proceeding, the Commission considers that the proposed station will increase the range and diversity of ethnic programs available to residents of Toronto by offering an alternative, local programming service that will be distinct in style and substance from that provided by the existing commercial ethnic radio stations in the market. The Commission is satisfied that the station will provide community access to the airwaves to groups that would otherwise have difficulty in obtaining airtime on commercial stations. In the Commission's view, this service will more than adequately reflect the needs and interests of the cultural groups the applicant proposes to serve. Moreover, the Commission considers that approval of this application will enhance the diversity of radio ownership within the GTA and within the larger Canadian broadcasting system.
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46.
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In view of the foregoing, the Commission finds that the proposed station, which will be the first ethnic community radio station in Canada, will contribute to the attainment of the objectives set out in the Call as well as in the Ethnic Policy and Community Radio Policy. Accordingly, the Commission approves the application by San Lorenzo for a broadcasting licence to operate a Type B community AM radio programming undertaking to broadcast ethnic programming in Toronto at 1610 kHz with a transmitter power of 1,000 watts, day and night.
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Issuance of the licence
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47.
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The licence will expire 31 August 2009 and will be subject to the conditions set out in the appendix to this decision and in New licence form for community radio stations, Public Notice CRTC 2000-157, 16 November 2000.
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48.
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The Commission reminds the applicant 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.
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49.
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A licence for this undertaking will be issued once the applicant has satisfied the Commission with supporting documentation, that the following requirements have been met:
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- an eligible Canadian corporation has been incorporated in accordance with the application in all material respects; and
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- the applicant 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 from the date of this decision, unless a request for an extension of time is approved by the Commission before 17 April 2005. 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.
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Employment equity
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50.
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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.
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Other matter
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51.
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Pursuant to the Department's Broadcast Procedures and Rules, the operation of low-power undertakings, such as CHEV Toronto, which currently operates at 1610 kHz, are authorized on an unprotected basis. If necessary, the licensees of such undertakings must select another frequency to permit optimum utilization of the frequency spectrum.
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52.
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The Commission reminds BAF Audio Visual Inc. that, if it wishes to continue operating CHEV, it must submit an application to the CRTC and obtain approval to amend the broadcasting licence for the station in order to change its frequency.
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Secretary General
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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: http://www.crtc.gc.ca
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Date Modified: 2003-04-17