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Broadcasting Decision CRTC 2003-80
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Ottawa, 28 February 2003
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United Christian Broadcasters Canada
Belleville, Ontario
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Application 2002-0185-6
Public Hearing at St. John's, Newfoundland and Labrador
10 December 2002
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Christian music FM radio station in Belleville
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The Commission approves the application by United Christian Broadcasters Canada to operate an English-language FM radio station in Belleville, Ontario.
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The application
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1.
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The Commission received an application by United Christian Broadcasters Canada (UCB) for a broadcasting licence to operate an English-language FM radio programming undertaking in Belleville, Ontario.
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2.
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UCB stated that the new station would offer a Christian music service. It would be operated in the specialty format and at least 95% of all music would be drawn from subcategory 35 (non-classic religious). With regard to spoken word programming, the station would broadcast news and other community-related programming. It would also offer religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993 (Public Notice 1993-78). The applicant confirmed that it would accept a condition of licence to adhere to the guidelines on ethics for religious programming set out in Public Notice 1993-78.
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3.
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UCB also confirmed that it would participate in the plan developed by the Canadian Association of Broadcasters (CAB) for contributions by radio licensees to Canadian talent development (CTD). Under this plan, based on the size of the Belleville market, the applicant would contribute at least $400 in each broadcast year to eligible third parties for the development of Canadian musical and other artistic talent. In addition to that contribution, the applicant planned to promote and manage two "talent quests" in each broadcast year. It would broadcast the final event of each talent quest live on the new station and award the winner of each contest $500 towards recording time.
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Interventions
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4.
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The Commission received 924 interventions in support of this application. The Commission also received an opposing intervention by Quinte Broadcasting Company Limited (Quinte), licensee of radio stations CIGL-FM and CJBQ Belleville and CJTN Trenton, Ontario.
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5.
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Quinte considered that UCB's proposed contributions to CTD were insufficient and unclear, that the applicant had proposed to offer an insufficient amount of live programming and that the amount of pre-produced or "voice tracking" would be excessive.
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6.
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The intervener also questioned UCB's projected audience share and claimed that the applicant's financial projections were unrealistic.
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7.
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Quinte further argued that a low-power frequency would be a better alternative for delivery of the proposed service. Specifically, Quinte alleged that licensing a Specialty FM format on a class B FM channel would not constitute the best use of the frequency, nor would it be in the best interest of the industry. The intervener stated that it had researched the use of the same frequency, in preparation for a planned conversion of CJTN to the FM band. Quinte requested that the Commission delay consideration of UCB's application and issue a call for competing applications for this frequency.
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The applicant's reply
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8.
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In reply, UCB pointed out that its CTD commitment exceeded the minimum requirement established by the CAB's plan. With regard to the intervener's concerns regarding the level of live programming, UCB stated that it would provide a minimum of six hours of live programming each morning Monday through Saturday, and more where possible.
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9.
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UCB stated that the figures quoted in its audience and financial projections were based on the total number of potential radio listeners. The applicant also confirmed that its affiliate, United Christian Broadcasters International, would underwrite the costs of the first three years of operation of the proposed station.
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10.
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UCB submitted that a low-power frequency, as suggested by the intervener, would not be capable of providing service to "most of Quinte region that is currently unable to receive any regular Christian format radio". The applicant further maintained that there is at least one other frequency available in the Belleville area that would be suitable for use by Quinte in the event of a conversion of CJTN to FM.
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The Commission's analysis and determination
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The Commission notes that the applicant's proposal fulfils the requirements regarding the level of local programming. Given the nature of this "niche" service, the Commission is satisfied with the level of live programming proposed in the application, and encourages the applicant to produce more, as resources permit.
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12.
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The Commission is also satisfied with the applicant's commitment to CTD and notes that its proposed contribution in this area exceeds the minimum requirement established by the CAB in its plan.
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13.
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With respect to Quinte's concerns related to UCB's audience and financial projections, the Commission notes that Quinte did not suggest that the proposed station would have any negative impact on the Belleville radio market. The Commission is satisfied that the issues raised by Quinte do not affect the viability of the business plan proposed by UCB.
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14.
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Furthermore, the Commission is convinced that a low-power frequency would not be capable of providing service to the entire area to be served, and that UCB's proposal represents near optimum use of the requested Class B frequency. The Commission is also satisfied that there is another frequency available for assignment in the Belleville area, should Quinte wish to file an application in the future. The Commission is of the opinion that a call for applications is not appropriate in these circumstances.
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15.
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Accordingly, the Commission approves the application by UCB for a licence to operate an English-language FM radio programming undertaking in Belleville.
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16.
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The station will operate at 102.3 MHz (channel 272B) with an effective radiated power of 45,000 watts.
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17.
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As stated in Public Notice 1993-78, licensees who broadcast religious programming have an obligation to provide balance in their programming. In Public Notice 1993-78, the Commission noted a number of mechanisms that would assist licensees in achieving balance, including scheduling of periods for listener reactions, providing access to complainants, searching out alternative points of view, producing or acquiring programming, and providing access to other local faith groups. The Commission expects the applicant to adhere to the balance requirement, and encourages the licensee to form a regulatory review committee that would oversee the handling of complaints regarding the content of balance programming. The Commission also encourages the licensee to seek Canadian sources for religious programming.
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Issuance of the licence
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The licence will expire 31 August 2009 and will be subject to the conditionsset outin New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999. The licence will also be subject to the conditions set out in the appendix to this decision.
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19.
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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 when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
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20.
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The Commission reminds the licensee 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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21.
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Furthermore, the licence for this undertaking will be issued once the licensee 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 28 February 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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22.
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In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
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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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Appendix to Broadcasting Decision CRTC 2003-80
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Conditions of licence
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The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999, as well as to the following conditions:
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1. The station shall be operated within the Specialty format as defined in A review of certain matters concerning radio, Public Notice CRTC 1995-60, 21 April 1995, and Revised content categories and subcategories for radio, Public Notice CRTC 2000-14, 28 January 2000, as amended from time to time.
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2. The licensee shall ensure that, during each broadcast week, no less than 95% of all musical selections broadcast are drawn from subcategory 35 (non-classic religious).
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3. In each broadcast week, the licensee shall devote to the broadcast of Canadian selections no less than 12% of all Category 3 - Special interest musical selections.
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4. Beginning 1 September 2005 the licensee shall devote to the broadcast of Canadian selections no less than 15% of all Category 3 - Special interest musical selections.
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5. The licensee shall broadcast, in any broadcast week, no more than 5% hit material as defined in Revised policy on the use of hits by English-language FM radio stations, Public Notice CRTC 1997-42, 23 April 1997.
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6. The licensee shall adhere to the guidelines on ethics in religious programming as set out in section IV of Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, as amended from time to time.
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Date Modified: 2003-02-28