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Broadcasting Decision CRTC 2003-44
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Ottawa, 12 February 2003
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Kelowna Radio Club, on behalf of a not-for-profit corporation to be incorporated
Kelowna, British Columbia
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Application 2002-0208-6
Public Hearing at Toronto, Ontario
17 September 2002
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Low-power community FM radio station in Kelowna
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The Commission denies the application by Kelowna Radio Club, on behalf of a not-for-profit corporation to be incorporated, to operate a low-power English-language FM community Type B radio station in Kelowna at 91.7 MHz (channel 219LP).
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The application
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1.
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The Commission received an application by Kelowna Radio Club, on behalf of a not-for-profit corporation to be incorporated, (OBNCI) for a broadcasting licence to operate a low-power English-language FM community Type B radio programming undertaking in Kelowna at 91.7 MHz (channel 219LP), with an effective radiated power of 50 watts.
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2.
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The applicant stated that the station would air a minimum of 126 hours of programming in each broadcast week, including a maximum of 21 hours of acquired programming. It proposed to offer spoken word programming that would include local and regional news, programs from the Okanagan University College and religious talk programming. While 24% of the proposed music would be concert and non-classic religious, the music format would focus on hard rock and heavy metal (category 21) with musical selections such as "Porcelain" by Red Hot Chilli Peppers, "Naked Sunday" by Stone Temple Pilots, "Angry Chair" by Alice in Chains, and "Go Faster" by the Black Crows. The applicant planned to schedule an uninterrupted block of musical selections comprised almost completely of category 21 music from noon to midnight on weekdays.
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Interventions
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3.
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Five radio broadcasters filed interventions opposing the proposed station: Standard Radio Inc., licensee of CKBL and CHSU-FM Kelowna, Jim Pattison Industries Ltd., licensee of CKLZ-FM and CKOV Kelowna, SILK FM Broadcasting Ltd., licensee of CILK-FM Kelowna, NL Broadcasting Ltd., licensee of CKRV-FM and CHNL Kamloops, British Columbia and OK Radio Group Ltd., licensee of Alberta stations CKYX-FM Fort McMurray and CFGP-FM Grande Prairie. The Canadian Association of Broadcasters (CAB) also opposed the application.
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4.
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The broadcasters argued that the proposed music format would be appropriate for a mainstream commercial FM station, but not for a community radio station. They maintained that the applicant's music programming would duplicate the music formats already offered in Kelowna by local radio stations and that the proposed radio station would, therefore, be directly competitive with existing commercial radio stations in the market.
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5.
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The CAB and several other interveners submitted that low-power radio stations should provide niche-focused services, which would complement rather than compete with existing radio stations.
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6.
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The applicant did not respond to the interventions.
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The Commission's analysis and determination
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7.
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As stated in Community radio policy, Public Notice CRTC 2000-13, 28 January 2000, (Public Notice 2000-13), the Commission's primary objective for community radio is that it 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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8.
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The Commission considers that the music format described in the application reflects the type of musical selections offered by some commercial radio stations and that a portion of the selections would duplicate the music programming currently available on commercial radio stations already serving Kelowna. The Commission is also concerned that the applicant's plan to schedule this music in blocks, uninterrupted by other types of programming, between noon and midnight on weekdays duplicates commercial radio programming patterns and is inconsistent with the objectives of a community radio station.
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9.
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Based on the foregoing, the Commission determines that the proposed station would not fulfil the objectives for a community radio station set out in Public Notice 2000-13, particularly that of providing air time for music that is not generally broadcast by commercial radio stations. The Commission is not satisfied that an exception to its policy is warranted and, accordingly, denies the application by Kelowna Radio Club, OBNCI, to operate a new English-language FM community Type B radio programming undertaking in Kelowna at 91.7 MHz (channel 219LP).
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Secretary General
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This decision 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: 2003-02-12