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Broadcasting Decision CRTC 2003-195
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Ottawa, 2 July 2003
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Aboriginal Voices Radio Inc.
Montréal, Quebec
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Application 2002-0286-2
Public Hearing at Montréal, Quebec
3 February 2003
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Native FM radio station in Montréal
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In this decision, the Commission approves the application by Aboriginal Voices Radio Inc. (AVR) for a new native Type B FM radio station in Montréal that will feature programming in English, French and Aboriginal languages. The Commission, however, denies AVR's request to use 100.1 MHz (channel 261A) in Montréal and directs the applicant to submit, within six months of the date of this decision, an amendment to the proposed technical parameters predicated on the use of another frequency in Montréal.
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Introduction
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1.
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The Commission received an application by Aboriginal Voices Radio Inc. (AVR) for a broadcasting licence to operate an English-, French- and Aboriginal-language native Type B FM radio programming undertaking in Montréal at 100.1 MHz (channel 261A) with an effective radiated power of 1,000 watts. AVR's application was technically mutually exclusive with competing applications by Cogeco Radio-Télévision inc. (Cogeco) to operate at 100.1 MHz (channel 261C1) in Trois-Rivières, by Azzahra International Foundation Inc. (Azzahra) to operate at 100.1 MHz (channel 261A) in Montréal and by TVA Group Inc. (TVA) to operate at 100.1 MHz (channel 261B) in Montréal.
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2.
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The Commission considered AVR's application at a public hearing held in Montréal from 3 to 19 February 2003. At the hearing, the Commission heard eleven other applications in connection with the Montréal market. The Commission today also approves four of these proposals: the operation of a commercial French-language specialty (jazz and blues) FM radio station (Broadcasting Decision CRTC 2003-192), of a commercial French-language AM radio station (Broadcasting Decision CRTC 2003-193) and of an ethnic commercial FM radio station (Broadcasting Decision CRTC 2003-194) as well as the request for the addition of a transmitter to the broadcasting licence for a Canadian Broadcasting Corporation radio station associated with the Radio One network (Broadcasting Decision CRTC 2003-196).
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3.
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The criteria used by the Commission to evaluate the applications considered at the 3 February 2003 public hearing are set out in Introductory statement to Broadcasting Decisions CRTC 2003-192 to 2003-203: Applications related to radio stations in the Province of Quebec, Broadcasting Public Notice CRTC 2003-33, 2 July 2003 (the Introductory Statement). In the Introductory Statement, the Commission also addresses the various proposals that were technically mutually exclusive and the general interventions to most of the applications, and states its conclusions on the capacity of the markets in Montréal, in Sherbrooke, in Trois-Rivières and in Saguenay to support the addition of one or more new radio stations, taking into account the competitive state of each market.
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4.
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The present decision addresses the particulars of AVR's application.
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Ownership
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5.
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AVR is a not-for-profit corporation incorporated under federal jurisdiction on 17 July 2001. It is the licensee of a native FM radio station in Toronto. The Commission has already approved applications by AVR for native radio stations to be operated in Ottawa, Kitchener-Waterloo, Calgary, and Vancouver. AVR is also the licensee of Aboriginal Voices Radio Network (AVRN), which will distribute the programming of the Toronto station to other AVR radio stations.
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The interventions
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6.
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Eleven groups and individuals submitted interventions in support of AVR's application.
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7.
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Radio-Classique Montréal inc. (Radio-Classique), the licensee of CJPX-FM Montréal, filed an intervention that opposed AVR's request to use 100.1 MHz in Montréal. The intervener was concerned that a station operating at this frequency in Montréal would cause interference to CJPX-FM.
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8.
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An opposing intervention filed by the Association des radiodiffuseurs communautaires du Québec and the comments submitted by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo, by the Société professionnelle des auteurs et compositeurs du Québec and by the Union des artistes are discussed in the Introductory Statement.
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9.
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At the hearing, AVR responded to all the interventions to its application stating that it is in the process of establishing a national radio network that will offer programming that reflects the needs and interests of Aboriginal Canadians. AVR stated that the station proposed in the present application would fill the need for an Aboriginal radio voice in Montréal.
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Programming
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10.
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The programming to be offered by the proposed station would be primarily that of AVRN, originating with the Toronto station. Since December 2002, AVRN has broadcast a test signal comprised primarily of Aboriginal music with no commercial messages, some news and a community events calendar. The network plans to address the needs, interests and concerns of Aboriginal Canadians, particularly those living in urban areas. AVRN proposes to provide programming primarily in English and French, with regular inclusions of many native languages, as well as Spanish and other languages. According to the applicant, the proposed Montréal station represents an important step in its plan to develop a greater Francophone presence on the network.
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11.
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AVR stated that its proposed station would offer the only Aboriginal radio service in the Montréal market. The applicant stated that the proposed station's programming would allow the members of Montréal's Aboriginal community to be better informed and able to interact with other Aboriginal communities across Canada.
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12.
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AVR stated that the schedule of programming in Montréal would present information from an Aboriginal viewpoint, including full Aboriginal news reports, a women's round table discussion, specialty music programs, and programs focused on issues related to language, youth, elders, and health. Montréal audiences would have opportunities to participate in call-in programs and music request shows through both telephone and Internet access.
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13.
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As part of its application, AVR made commitments that at least 2% of all programming aired in each broadcast week and at least 2% of all vocal musical selections would be in a Canadian Aboriginal language. AVR also committed to ensure that at least 25% of all programming broadcast in each broadcast week would be spoken word and that music programming would feature a mix of primarily Canadian and World Aboriginal artists in a broad range of genres.
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14.
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AVR made commitments to offer at least 14.5 hours of original local programming originating in Montréal in each broadcast week, increasing to at least 30 hours in each broadcast week by the end of the licence term, and to devote a minimum of 12 hours of its local programming to French-language programming. While the network programming offered on the Montréal station would be primarily music-oriented, most of the local programming would be spoken word and would include news reports, a 1- to 2-minute activity community calendar, public service announcements and special events. Local music programming would feature local and regional Aboriginal artists. Where possible, live studio appearances or live broadcasts from local musical venues would present well-known and previously unrecorded artists.
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15.
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Initially, the local programming would feature material provided by volunteer producers in Montréal. As resources become available, AVR planned to hire one or two local journalists or producers to provide enhanced local coverage. The local programming produced in Montréal would also be carried on the national network.
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Canadian talent development
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16.
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AVR expressed its belief that the greatest contribution it can make to Canadian talent development is to broadcast the music of Canadian Aboriginal artists.
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17.
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The applicant noted that the proposed station would be part of the AVRN network of radio stations and that Aboriginal artists in the Montréal area would therefore see their exposure to the entire country increase dramatically. AVR is committed to the development of Canadian native talent, and would extensively promote and feature music by new and seldom-heard artists. It made a commitment to ensure that at least 25% of all musical selections broadcast would be from Canadian Aboriginal artists. AVR also stated that Aboriginal artists would receive featured exposure on programs with spoken-word background information through its plans to broadcast two two-hour weekly programs focusing on Aboriginal music and artists.
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In addition to the commitments noted above, AVR proposed to feature in-studio interviews with Aboriginal artists, programs hosted by Aboriginal guests and live studio performances. The applicant also set out plans to offer free promotion of performances by native artists. As resources become available, AVR would also produce an annual talent showcase for emerging Aboriginal musical talent and a compact disk compilation.
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Business plan
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AVR proposed that the new station would operate as a part of AVRN. The network is dependent upon national advertising, which would be enhanced by the granting of a licence to operate in Montréal, a desirable market for national advertisers. The applicant further stated that the projected increase in national advertising revenue would defray the costs of operating a Montréal station. AVR does not propose to solicit local Montréal advertising initially. AVR stated that if it wished to do so in the future, it would request prior approval from the Commission to solicit local advertising.
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Advisory Circle
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20.
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AVR's main advisory board, the Aboriginal Voices Advisory Circle, made up of people from across Canada in different professions, would promote and publicize the radio station's programming, gather material for AVRN and recruit members for a smaller group to be known as the Montréal Media Advisory Circle. The smaller group would communicate the particular needs and interests of the local Aboriginal community to the network, and provide feedback and advice to the network on the programming needs of the Montréal audience.
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Employment equity
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21.
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AVR stated that it is essentially a gender-balanced organization with an Aboriginal component and, if licensed to operate in Montréal, would have every intention of including persons with disabilities in its staff. The applicant added that, while the staff of the proposed station would be predominantly Aboriginal and there would be requirements for knowledge of Aboriginal issues for some positions, qualified non-Aboriginal candidates would certainly be considered for employment. It further indicated that it has drafted an employment equity policy that recognizes women, Aboriginal peoples, persons with a disability and visible minorities. AVR's advisory board has not yet authorized this policy.
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Cultural diversity
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22.
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Section 3(1)(d)(iii) of the Broadcasting Act (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."
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23.
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AVR stated that, although the station would be operated predominantly by Aboriginal Canadians and focus primarily on Aboriginal issues and concerns, it would reflect the reality of Canada's cultural diversity in its employment practices, news, music and promotion of Canadian artists.
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The Commission's conclusion
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The Commission is satisfied that AVR's proposal will not have a significant negative financial impact on any existing local Montréal radio station, and that the entry of AVR into the Montréal market will not change the competitive balance of that market.
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25.
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The Commission considers that the business plan presented by AVR is satisfactory.
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26.
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With respect to the applicant's plans for Canadian talent development, the Commission is aware that, as a not-for-profit station, the proposed undertaking would not be able to dedicate a large budget to financial assistance for talent development initiatives, in comparison to those of commercial radio stations. The Commission notes, however, the applicant's plans for the development of Canadian talent, and is satisfied that providing increased airplay for Aboriginal musicians will be beneficial to their careers.
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27.
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The Commission is satisfied that the programming service proposed by Aboriginal Voices Radio Inc. is consistent with the objectives of the Act, in particular its call for the provision of programming reflective of Canada's Aboriginal cultures.
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28.
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The Commission therefore approves the application by Aboriginal Voices Radio Inc. for a broadcasting licence to operate an English-, French-, and Aboriginal-language native Type B FM radio programming undertaking in Montréal. The Commission, however, denies AVR's request for the use of 100.1 MHz (channel 261A) in Montréal and directs the applicant to submit, within six months of the date of this decision, an amendment to the proposed technical parameters predicated on the use of another frequency in Montréal.
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29.
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As mentioned earlier in this decision, AVR's application was technically mutually exclusive with competing applications by Cogeco, Azzahra and TVA to operate at 100.1 MHz. In Commercial French-language FM radio station in Trois-Rivières, Broadcasting Decision CRTC 2003-201, released today, the Commission approves Cogeco's application to operate a French-language radio station at 100.1 MHz (channel 261C1) in Trois-Rivières. The Commission denies the competing applications by Azzahra and TVA to operate at 100.1 MHz in Montréal in Denial of various applications considered at the 3 February 2003 Montréal Public Hearing, Broadcasting Decision CRTC 2003-204, 2 July 2003.
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30.
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In the circumstances, the Commission considers that the concerns raised in the intervention by Radio-Classique are no longer applicable to AVR's application.
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31.
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The Commission considers that it is appropriate to impose, as conditions of licence, the applicant's programming commitments described earlier in this decision. The conditions of licence are set out in the appendix to this decision.
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32.
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In accordance with AVR's commitment, the Commission expects the applicant to file with the Commission a list of the members of the Montréal Media Advisory Circle, within six months of the date of this decision.
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Issuance of the licence
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33.
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Consistent with the Commission's Native Broadcasting Policy, Public Notice CRTC 1990-89, 20 September 1990, the licence will be for a native Type B FM radio programming undertaking. The licence will expire 31 August 2009 and will be subject to the conditions specified therein and set out in the appendix to this decision.
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34.
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The licence for this undertaking will be issued once the applicant has:
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- filed, within six months of the date of this decision, an application proposing the use of a frequency and that it is acceptable to both the Commission and the Department of Industry. Any request for an extension of time must be approved by the Commission and should be submitted within the six-month period;
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- 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 2 July 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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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: www.crtc.gc.ca
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Date Modified: 2003-07-02