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Broadcasting Public Notice CRTC 2003-20
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Ottawa, 17 April 2003
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Introductory statement to Broadcasting Decisions CRTC 2003-115 to 2003-120: Applications for new radio stations to serve Toronto
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This public notice provides a summary and an overview relating to Broadcasting Decisions CRTC 2003-115 to 2003-120. In a proceeding that included a public hearing held in Toronto from 17 September to 27 September 2002, the Commission considered 16 applications for new stations to serve the Greater Toronto Area (GTA), as well as an application to change the technical parameters of an existing transmitter. In Broadcasting Decisions CRTC 2003-115 to 2003-119, the Commission approves applications for four new radio stations to serve the GTA, as well as a change in the technical parameters of the transmitter of an existing Toronto ethnic radio station. In Broadcasting Decision CRTC 2003-120, the Commsision denies various competitive applications.
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Introduction
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1.
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At the 17 September 2002 public hearing in Toronto, the Commission considered 16 competing applications for new radio stations to serve the Greater Toronto Area (GTA), as well as an application to change the technical parameters of an existing transmitter. The hearing was part of a process that followed the submission to the Governor in Council of Report to the Governor in Council on measures to ensure that the residents of the Greater Toronto Area receive a range of radio services reflective of the diversity of their languages and cultures, Public Notice CRTC 2001-10, 31 January 2001 (the Report). The Report was the result of a request, set out in Order in Council P.C. 2000-1464, 13 September 2000, for the Commission to report on measures to ensure that residents of the GTA receive a range of radio services reflective of the diversity of their languages and cultures.
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2.
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In the Report, the Commission concluded that immediate priority should be given to the licensing of programming services that clearly reflect the diversity of languages, as well as the multicultural and multi-ethnic reality of the GTA.
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3.
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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 invited applications "for a broadcasting licence to provide AM and/or FM programming services that clearly reflect the diversity of languages, as well as the multicultural and multi-ethnic reality of the Greater Toronto Area (GTA)." The Call set a deadline of 22 May 2001 for the submission of applications.
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4.
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On 15 May 2001, the Commission issued Public Notice CRTC 2001-39-1 (Public Notice 2001-39-1). In Public Notice 2001-39-1, the Commission noted that the Report had indicated that opportunities for the use of new AM or FM frequencies to provide additional radio services to the GTA were limited under the technical rules for spectrum usage of the Department of Industry (the Department). The Commission noted that the Department had been reviewing radio broadcasting capacity in the GTA, and was in the process of finalizing the results of its analysis. In light of the Department's review, the Commission suspended the deadline for filing applications until further notice.
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5.
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On 23 August 2001, the Commission issued Public Notice CRTC 2001-39-2 (Public Notice 2001-39-2). Public Notice 2001-39-2 stated that the Department had determined that there were seven frequencies available in the GTA to accommodate new AM radio services, ten program frequencies for new digital radio services, and two frequencies available for small FM stations.
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6.
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Public Notice 2001-39-2 further noted that the Department was exploring other options, and had indicated that additional FM radio capacity might be found by relaxing existing technical rules. As part of this exploration, the Department was conducting tests of radio receivers in order to ensure that any change to its rules would not impair the interference-free reception of existing and new FM radio stations. The Department stated that, when testing concluded at the end of 2001, it would analyse the results and, if appropriate, propose new technical rules.
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7.
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The Commission concluded that it would be premature to re-activate the Call before the Department had completed its testing and issued its conclusions. The Commission therefore indicated that the deadline for filing applications would remain suspended.
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8.
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On 12 February 2002, the Commission issued Broadcasting Public Notice CRTC 2001-39-3 (Public Notice 2001-39-3). In Public Notice 2001-39-3, the Commission announced that the Department's testing had indicated that some relaxation of existing technical rules was feasible, and that such relaxation would result in adding one more FM frequency to the list of those available for use in the GTA, on a protected basis. Given that the Department had concluded its study and testing, the Commission reactivated the Call and indicated that the new deadline for the receipt of applications was 15 April 2002.
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9.
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On 4 March 2002, the Commission issued Broadcasting Public Notice 2001-39-4 (Public Notice 2001-39-4). Public Notice 2001-39-4 amended the Call to include applications for transitional digital radio undertakings among the types of services for which applications might be submitted. Accordingly, the Call, as amended, invited applications "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 GTA."
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The applications
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10.
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The Commission received 17 applications in response to the Call, as summarized below.
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Applications for FM frequency 101.3 MHz
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11.
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The Commission received eight applications involving the use of FM frequency 101.3 MHz. Since all of these applicants proposed to use the same frequency, the applications were mutually exclusive on a technical basis.
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12.
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Ark Broadcasting Inc., on behalf of a corporation to be incorporated (Ark), proposed to establish a commercial ethnic station that would provide programming directed to a minimum of 20 cultural groups in at least 18 different languages per broadcast week. Programming would be targeted primarily to the Russian, Polish, Ukrainian and Jewish communities.
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13.
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3885275 Canada Inc. "Canadian Multicultural Radio" (CMR) proposed to establish a commercial ethnic station that would provide programming to a minimum of 16 cultural groups in at least 22 different languages per broadcast week. Programming would be targeted to the South Asian communities, with emphasis on the Tamil community.
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14.
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Canadian Thamil Broadcasting Corporation (Canadian Thamil Broadcasting) proposed to establish a commercial ethnic station that would broadcast programming to a minimum of 25 cultural groups in at least 13 different languages per broadcast week. Programming would be targeted primarily to the Tamil community, with a small amount of programming for other South Asian communities.
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15.
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Catholic Youth Studio - KSM Inc. (Catholic Youth) proposed to establish a commercial ethnic religious station that would broadcast programming to a minimum of 12 cultural groups in at least 11 different languages per broadcast week. The station would serve a variety of cultural groups, without particular emphasis on any one group.
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16.
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CKMW Radio Ltd. (CKMW) proposed to establish a commercial ethnic station that would provide programming to a minimum of 12 cultural groups in at least 12 different languages per broadcast week. Programming would be targeted primarily to the South Asian and Latino communities.
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17.
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Infinity Broadcasting Inc., on behalf of a corporation to be incorporated (Infinity), proposed to establish a commercial ethnic station that would broadcast programming to a minimum of 14 cultural groups in at least 19 different languages per broadcast week. Programming would be targeted primarily to the South Asian communities.
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18.
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The Commission received two applications by Radio 1540 Limited (Radio 1540) to use frequency 101.3 MHz. One application was to use the frequency to convert its existing AM station, CHIN, to the FM band. CHIN is a long-standing ethnic station that provides programming to a minimum of 23 cultural groups in a minimum of 17 different languages per broadcast week. CHIN's service is currently simulcast via a low-power unprotected FM transmitter at 101.3 MHz as CHIN-1-FM to enhance CHIN's coverage of the western part of Toronto. Under Radio 1540's proposal, CHIN's service would be totally converted to the FM band, given the Department's decision to allot 101.3 MHz to Toronto for use on a protected basis.
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19.
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In its second application for the use of frequency 101.3 MHz, Radio 1540 proposed to establish a new station that would direct programming to a minimum of 24 cultural groups in at least 24 different languages per broadcast week. Programming would be targeted primarily to the South Asian communities. Radio 1540 stated that it assigned the highest priority for the use of 101.3 MHz to this second proposal.
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Applications for FM frequency 91.9 MHz
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20.
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The Commission received two applications for the use of FM frequency 91.9 MHz. Since both applicants proposed to use the same frequency, the applications were mutually exclusive on a technical basis.
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21.
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Radio 1540 proposed to change the frequency and the power of its CHIN-1-FM transmitter from 101.3 MHz to 91.9 MHz if its application for a new station at 101.3 MHz were approved, or if its application to convert CHIN to the FM band at 101.3 MHz were denied.
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22.
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Humber College, on behalf of a not-for-profit corporation to be incorporated as Humber College Communications Corporation (Humber College), proposed to establish a not-for-profit English-language campus instructional station. Its program schedule would include eight hours per week of English-language ethnic programming.
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Applications for FM frequency 105.1 MHz
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23.
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Two applicants proposed to operate at FM frequency 105.1 MHz. Since both applicants proposed to use the same frequency, the applications were mutually exclusive on a technical basis.
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24.
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A. Fitzroy Gordon, on behalf of a corporation to be incorporated and known as Caribbean and African Radio Network Inc. (CARN), proposed to establish a new commercial ethnic station. Programming would be targeted primarily to the Caribbean and African communities. Although the applicant stated that it would direct programming to a minimum of 22 cultural groups in at least 14 different languages per broadcast week, it also stated that a maximum of 79% of the programming to be broadcast would be English-language ethnic programming. CARN therefore requested an exemption from section 7.(2) of the Radio Regulations, 1986 (the Regulations), which requires an ethnic licensee to devote not less than 50% of the broadcast week to third language programs.
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25.
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CARN also applied to operate an AM transmitter at 790 kHz that would rebroadcast the programming of the proposed FM station at 105.1 MHz, in order to extend its coverage.
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26.
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La Coopérative radiophonique de Toronto inc. (La Coopérative) proposed to establish a French-language Type A community radio station. La Coopérative originally proposed to operate the station at 91.7 MHz, but proposed the alternative frequency of 105.1 MHz after the Department found that La Coopérative's original proposal was not technically acceptable.
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Applications for AM frequency 1610 kHz
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27.
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Two applicants proposed to operate at AM frequency 1610 kHz. Since both applicants proposed to use the same frequency, the applications were mutually exclusive on a technical basis.
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28.
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Father Hernan Astudillo, on behalf of a corporation to be incorporated as San Lorenzo Latin American Community Centre (San Lorenzo) proposed to establish a Type B ethnic community radio station. The applicant proposed to direct programming to a minimum of four cultural groups in at least four different languages per broadcast week. The proposed station would target its programming primarily to the Latin American and other Spanish-speaking communities.
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29.
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Magic 1610 Markham Radio Inc., on behalf of a corporation to be incorporated (Markham Radio), proposed to establish an English-language commercial radio station in Markham. A maximum of 28% of the programming per broadcast week would be ethnic programming. Such programming would be directed to a minimum of 15 cultural groups in at least 8 different languages per broadcast week. Ethnic programming would be targeted primarily to the Jewish, German and Caribbean communities.
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Application for AM frequency 1650 kHz
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30.
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Geetha Vanni Inc. (Geetha Vanni) proposed to establish an ethnic station that would operate at AM frequency 1650 kHz. The applicant proposed to broadcast programming to a minimum of 12 cultural groups in at least 12 different languages per broadcast week. Programming would be targeted primarily to the Tamil community.
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Applications for transitional digital radio undertakings
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31.
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The Commission received two applications for transitional digital radio undertakings (DRUs) that would operate at frequency 1454.56 MHz (DRB channel 2). Since it is possible to operate more than one digital undertaking on the same frequency, the two applications were not mutually exclusive on a technical basis.
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32.
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Sur Sagar Radio Inc. (Sur Sagar) proposed to establish an ethnic transitional DRU that would direct programming to a minimum of five cultural groups in at least five different languages per broadcast week. The programming of the new station would be targeted primarily to the South Asian communities.
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33.
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Korean Community Radio Inc. (Korean Community Radio) proposed to establish an ethnic transitional DRU that would offer programming solely in the Korean language.
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The Toronto market
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Population growth
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34.
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According to the Conference Board of Canada, the population of the Toronto central metropolitan area (CMA) is expected to grow at an annual average rate of about 2% for the next four years. This rate is greater than comparable forecasts for Ontario and for Canada. A significant portion of the population growth is expected to come from immigration. According to the Department of Citizenship and Immigration, over 47% of all immigrants who came to Canada in 2000 settled in the City of Toronto1.
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35.
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As a result of the high level of immigration, the linguistic diversity of the GTA increased significantly between 1998 and 2001. The Solutions Research Group estimates that 42% of Toronto's population had a mother tongue other than French or English in 20012. According to the Department of Citizenship and Immigration, the Asian and Pacific region accounted for 55% of immigration to Toronto between 1998 and 2000. During that period, the leading countries from which immigrants came to Canada were China, India, Pakistan, Sri Lanka and the Philippines. From 1996 to 2000, the following language groups accounted for approximately 45% of all immigrants to Canada: Cantonese, Mandarin, Tagalog, Spanish, Korean, Russian, Hindi and Punjabi. Given current immigration trends, and the attractiveness of settling in the GTA's already well-established ethnic communities, these language groups are expected to experience significant growth in the next five years in the Toronto market.
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36.
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Russian and South Asian mother tongue populations, including Punjabi, Gujarati, Sinhalese, Hindi, Urdu and Bengali, are expected to double between 1996 and 2006 in Toronto. It is also predicted that the Cantonese, Mandarin, Tagalog and Spanish mother tongue populations will experience growth, albeit at a slower rate3.
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Financial growth
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37.
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According to the Conference Board of Canada, growth in Toronto's real Gross Domestic Product (GDP) was 4.4% in 2002. Real GDP growth in the Toronto economy is expected to reach 3.8% in 2003.
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The Toronto radio market
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38.
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A total of 33 over-the-air radio stations, consisting of 12 AM and 21 FM stations, are licensed to serve the Toronto CMA. In 2001, Toronto radio advertising revenues totalled $191 million - an increase of 8.2% over 2000. The combined Profit Before Interest and Taxes (PBIT) margin for Toronto commercial radio stations was 21.6% in 20014.
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39.
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The 33 Toronto radio stations include six ethnic stations: AM stations CHIN, CHKT, CIAO and CJMR, as well as CHIN-FM and CIRV-FM. Although each of the ethnic stations must, by condition of licence, serve a broad range of cultural and linguistic groups, each station has chosen to emphasize service to certain groups. CHIN devotes the largest portion of the hours of programming it broadcasts to programs in Italian, CHKT to programs in the Chinese languages, CIAO to programs in Polish and in Portuguese, and CJMR to programs in Punjabi and in Italian. CHIN-FM devotes the largest portion of its schedule to programming in Italian and in Cantonese, and CIRV- FM to programming in Portuguese. Toronto's ethnic radio advertising revenues increased from $11.6 million in 1997 to $14.3 million in 2001, representing a 23% increase over the period. The aggregate PBIT margin for the six ethnic radio stations in the Toronto market increased from - 0.4% in 1997 to 10.0% in 20015.
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40.
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As well, Toronto's three community-based campus stations include some ethnic programming in their schedules. These stations are CIUT-FM at the University of Toronto, CHRY-FM at York University and CKLN-FM at Ryerson University.
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41.
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The ethnic audio programming provided by conventional over-the-air radio stations is supplemented by Subsidiary Communications Multiplex Operations (SCMO) services provided on the subcarriers of various Toronto FM stations. Listeners require special radio receivers to decode SCMO services. SCMO services in Chinese, German, Greek, Italian, Korean, Persian, Portuguese, Serbian, Spanish and Tamil are available in the GTA, as well as a service that offers programming in both Punjabi and Hindi.
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42.
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Toronto cable subscribers can also receive a Greek-language specialty audio service known as CHIR-FM. Toronto-area cable systems have carried this service on a closed circuit basis for approximately 30 years.
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Criteria for evaluating the applications
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43.
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The Commission first considered how each application responded to its call for applications. Where applicable, it also considered the applications in light of the Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999, (the Ethnic Policy). The Commission further evaluated how the applications for new commercial stations satisfied its announced criteria for evaluating such applications6, and assessed the applications for community radio stations in light of its Community Radio Policy, Public Notice CRTC 2000-13, 28 January 2000 (the Community Radio Policy). The Commission also considered the many interventions submitted in connection with the applications.
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The Call
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44.
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The Commission called for applications that clearly reflect the diversity of languages, as well as the multicultural and multi-ethnic reality of the GTA. In evaluating how the applications meet the objectives of the Call, the Commission took into account the extent to which the applications addressed specific linguistic and cultural groups that are currently underserved by the six local ethnic radio services now serving the GTA.
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The Ethnic Policy
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45.
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The Ethnic Policy addresses a number of matters that the Commission has taken into account in its consideration of the applications for new ethnic radio stations. Several of these provisions have been incorporated into the Radio Regulations, 1986 (the Regulations), as minimum standards to be met.
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Levels of ethnic and third language programming
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46.
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Section 7.(1) of the Regulations stipulates that an ethnic station shall devote not less than 60% of its broadcast week to ethnic programs. The applications for new ethnic radio stations approved today all proposed levels of ethnic programming that exceeded the 60% minimum level. The Commission has imposed the levels of ethnic programming proposed in the approved applications as conditions of licence.
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47.
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Section 7.(2) of the Regulations states:
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Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate an ethnic station shall devote not less than 50% of a broadcast week to third language programs.
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48.
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Section 2 of the Regulations defines an ethnic program as "a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is Aboriginal Canadian, from France or from the British Isles." The same section defines a third language program as an "ethnic program in a language other than English, French, or a language of the Aboriginal peoples of Canada."
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49.
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Each of the ethnic radio stations licensed today proposed to broadcast levels of third language programs that were above the 50% minimum level set out in the Regulations, and the Commission has imposed their commitments as conditions of licence.
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Broad service requirement
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50.
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Under the terms of 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. The Commission therefore imposes conditions of licence related to the minimum number of cultural groups that new ethnic stations must serve, and the minimum number of languages in which they must provide programming. This approach also allows for the provision of service to groups that might not otherwise be able to afford their own single-language service.
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51.
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The Commission establishes the minimum number of distinct groups that a station must serve by reference to the demographics of the community, the services already available to it, and the degree of support shown by local community organizations. Where many distinct ethnic groups are served in the market overall, individual stations may be permitted to provide more hours of service to fewer groups.
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52.
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The Commission is also concerned that new stations not duplicate the service already available from existing ethnic stations in a market, but rather increase the range of ethnic programming available. The Commission has, therefore, also imposed conditions of licence with respect to the minimum amount of ethnic programming that must be provided to the major ethnic groups that the applicants proposed to serve.
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53.
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The Commission considers that these requirements will serve to expand the range of multicultural programming available in the GTA, ensure that key commitments made during a highly competitive proceeding are fulfilled, and contribute to the continued viability of ethnic stations already serving the community.
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Levels of Canadian music
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54.
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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. The lower level of Canadian music allowed during ethnic programming periods recognizes the more limited availability of Canadian selections in third languages. Some of the successful applicants proposed levels of Canadian selections for ethnic programming periods that were above the 7% minimum level, and the Commission has imposed these proposed commitments as conditions of licence.
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Local reflection
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55.
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The Ethnic Policy states that the Commission expects applicants for ethnic stations to present plans describing how they will reflect local issues and concerns. The Commission considers that it is a primary responsibility of ethnic broadcasters to serve and reflect their local community. The Commission has therefore evaluated the amount of local programming that each applicant proposed to provide, and the degree to which the proposed programming would reflect the needs and interests of those living in the GTA.
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Criteria for evaluating applications for new commercial radio stations
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56.
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In its assessment of the applications for commercial radio stations, the Commission also applied four main factors that it has identified as being relevant to the evaluation of competing applications for new commercial radio services. While their relative importance varies depending on the specific circumstances of the market concerned, the four factors are as follows:
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- diversity of news voices in the community
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- quality of the application
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- impact of a new entrant on existing stations
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- competitive state of the market
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57.
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The application of these criteria is addressed in the individual decisions issued today that approve proposals for new commercial ethnic radio stations in the GTA.
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Community Radio Policy
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58.
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Two applicants, San Lorenzo and La Coopérative, proposed to establish community radio stations. In Community Radio Policy, Public Notice CRTC 2000-13, 28 January 2000 (the Community Radio Policy), the Commission defines a community radio station as a station that is "owned or controlled by a not-for-profit organization, the structure of which provides for membership, management, operation and programming primarily by the community at large. Programming should reflect the diversity of the market that the station is licensed to serve."
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59.
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The Commission has evaluated the applications by San Lorenzo and La Coopérative in light of the Community Radio Policy.
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Interventions
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60.
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The Commission received several thousand interventions in connection with the applications submitted in response to the Call. Most of the interveners expressed support for particular applications. Concerns expressed by interveners about particular applications are addressed in each of the decisions approving applications for new Toronto radio stations that have been issued today.
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61.
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The Commission wishes to thank all those who submitted written interventions, as well as those who addressed their interventions at the public hearing. It has taken the interventions into account in reaching the decisions that are summarized below.
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Summary of decisions
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62.
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In Broadcasting Decisions CRTC 2003-115 to 2003-119, the Commission has approved applications for four new radio stations to serve the GTA, as well as a change in the technical parameters of the transmitter of an existing Toronto ethnic radio station. In Broadcasting Decision CRTC 2003-120, it denies the remaining 12 applications. Below, the Commission sets out a summary of its decisions, and the approach that led to them.
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63.
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The Commission has assessed each application filed in light of the criteria described above. Given the context in which the hearing was held, including the Order in Council and the Report, the first consideration was the extent to which each proposal would provide programming for linguistic and cultural groups that are currently underserved by the radio stations available in the GTA.
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64.
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Seven of the applications were for radio stations that would serve the South Asian population by focusing on programming targeted to the Hindi, Punjabi, Bengali, Urdu and Tamil-speaking communities. Applicants for these services submitted that the GTA's South Asian population was in the range of 400,000 to 500,000. Further, Statistics Canada has forecast a growth rate of 99% between 1996 and 2006 for the GTA's South Asian communities7.
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65.
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The South Asian communities in the GTA are large and growing, but the amount of ethnic radio programming currently available from conventional radio stations for some of these groups is limited. GTA ethnic radio stations, considered together, now provide a total of 79.5 hours of programming per week in Punjabi, 33.5 hours in Hindi, 7 hours in Urdu and 1.5 hours in Bengali. Although 42 hours per week of programming in Tamil is available from an ethnic over-the-air radio station, all such programming is broadcast between midnight and 6 a.m.8
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66.
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The South Asian communities have access to SCMO services in Punjabi and Hindi, as well as in Tamil, but the reception of SCMO services requires special decoders that are usually sold or leased by the operators of such services. The audio quality of SCMO services is not as high as that available from over-the-air FM stations and the use of decoders in cars is limited.
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67.
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Further, the Commission notes that the 1996 census indicated that, within the GTA, there were 339,485 people with a knowledge of French. Although French is one of Canada's two official languages, the only full-time sources of French-language radio programming available in Toronto are La Première Chaîne and La Chaîne culturelle provided by Société Radio Canada (SRC). Since both SRC stations offer high levels of network programming, there is currently no French-language radio station available in the GTA market with a strong local orientation throughout its entire schedule.
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68.
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In light of the above, the Commission has identified two main priorities with respect to the provision of additional services to the underserved communities in the GTA. First, there is a need for service that is predominantly South Asian in nature. Second, there is a need for a locally-oriented French-language service to complement the services already available from the SRC.
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69.
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As noted earlier, the GTA's Spanish-speaking communities are expected to grow. Given this anticipated growth, the Commission considers that it is in the public interest to license an additional radio station that concentrates on providing programming in Spanish.
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101.3 MHz
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70.
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The FM frequency with the potential to reach the highest number of listeners that was the subject of applications in the current proceeding was 101.3 MHz. Five of the eight applications for stations to operate at 101.3 MHz were for services that would include high levels of programming for the South Asian communities in their schedules. For the reasons already expressed, the Commission considers that this type of service constitutes the best use of 101.3 MHz. Therefore, in Denial of various applications considered at the 17 September 2002 Toronto public hearing, Broadcasting Decision CRTC 2003-120, 17 April 2003, (Decision 2003-120), the Commission has denied the applications by Ark, Catholic Youth and the application by Radio 1540 to convert its existing station CHIN to the FM band because they proposed programming that was not oriented to the South Asian communities.
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71.
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As noted, applications for new stations that would broadcast South Asian oriented programming were submitted by CMR, Canadian Thamil Broadcasting, CKMW, Infinity, and Radio 1540. The Commission examined these applications in light of the Call, the Ethnic Policy and the criteria for evaluating new commercial radio stations that are set out above. Each of these applicants proposed to provide significant amounts of programming for the South Asian communities. However, the Commission finds that, for all the reasons set out in Ethnic FM radio station in Toronto, Broadcasting Decision CRTC 2003-115, 17 April 2003 (Decision CRTC 2003-115), CMR has presented the application that best meets the criteria already set out. The Commission further notes that CMR, as a new player in the radio industry, will add to the diversity of radio voices present in the GTA. At the same time, the synergies and experience resulting from the participation of various parties involved in the ownership of CMR in other South Asian broadcasting services should serve to increase the quality of the programming offered, as well as the responsiveness of the programming to the needs and interests of the communities to be served. Accordingly, in Decision 2003-115, the Commission has approved the application by CMR for a new ethnic FM radio undertaking at 101.3 MHz, with an effective radiated power of 440 watts.
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72.
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The new CMR commercial ethnic station will provide programming to 16 cultural groups in 22 different languages per broadcast week, with significant emphasis on serving the GTA's growing South Asian communities. In this respect, CMR made a commitment that at least 50% of the broadcast week would be devoted to station-produced South Asian third language programming in the Tamil, Hindi, Punjabi and Urdu languages. Further, by condition of licence, at least 48% of all ethnic programming broadcast each week must be in the Tamil, Hindi and Filipino languages. At least 10% of the musical selections broadcast during ethnic programming periods on the new CMR station will be Canadian selections, and CMR will devote a minimum of $40,000 per year to Canadian talent development.
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73.
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In Decision 2003-120, the Commission has denied the competing applications for stations to operate at 101.3 MHz submitted by Canadian Thamil Broadcasting, CKMW, Infinity and Radio 1540.
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91.9 MHz
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74.
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Given that frequency 101.3 MHz will now be used by CMR, and for reasons set out in CHIN Toronto - Technical changes, Broadcasting Decision CRTC 2003-119, 17 April 2003, the Commission, has approved the application by Radio 1540 to change the frequency of its transmitter for CHIN-1-FM from 101.3 MHz to 91.9 MHz and to increase its effective radiated power from 22 to 35 watts. The new transmitter will allow Radio 1540 to continue to address deficiencies in the night-time coverage of CHIN in certain areas of Woodbridge, eastern Mississauga and Etobicoke.
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75.
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In Decision 2003-120, the Commission has denied the application by Humber College, which also proposed to operate at 91.9 MHz. The Commission does not consider that the application by Humber College, which was for a new campus instructional radio station with limited amounts of ethnic programming, responded adequately to the Call.
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105.1 MHz
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76.
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As noted above, the Commission has identified the licensing of a locally oriented French-language radio service as a priority for the GTA. Accordingly, and for all the reasons set out in French-language FM community radio station in Toronto, Broadcasting Decision CRTC 2003-116, 17 April 2003, the Commission has approved the application by La Coopérative to establish a new French-language Type A FM community radio station at 105.1 MHz. By condition of licence, La Coopérative must direct all programming to the various French-language communities in the GTA. The Commission notes that this new station will be the first French-language community radio service in the GTA. It will provide a locally-oriented service for French-speaking residents of the GTA from a variety of cultural backgrounds.
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77.
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In Decision 2003-120, the Commission has denied the application by CARN, which also proposed to use 105.1 MHz, with an additional AM transmitter operating at 790 kHz. The Commission does not consider that the service proposed by CARN would be viable if offered only on the AM frequency. The Commission further notes that approval of the CARN application, which proposed to offer most of its programming in English, would have required an exception, by condition of licence, to section 7.(2) of the Regulations, which obliges an ethnic licensee to devote not less than 50% of the broadcast week to third language programs.
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1610 kHz
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78.
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In Ethnic AM community radio station in Toronto, Broadcasting Decision CRTC 2003-117, 17 April 2003, (Decision 2003-117) in order to meet the needs of the Spanish-speaking communities, the Commission has approved the application by San Lorenzo for an ethnic Type B AM community radio station at 1610 kHz, with an effective radiated power of 1,000 watts day and night. By condition of licence, all programming must be ethnic programming, and at least 75% of programming must be in third languages. Ethnic programs must be directed to a minimum of four cultural groups in at least four different languages. Further, by condition of licence, at least 60% of San Lorenzo's ethnic programming during each broadcast week must be in Spanish, targeting Spanish-speaking cultural groups. For all the reasons outlined in Decision 2003-117, the Commission is satisfied that the new San Lorenzo station, which is the first ethnic community radio station ever licensed by the Commission, is an innovative way to provide a local service primarily to the Spanish-speaking communities in the GTA.
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79.
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In Decision 2003-120, the Commission has therefore denied the application by Markham Radio for a commercial AM station to serve Markham at 1610 kHz. The Commission considers that the Markham Radio application did not respond adequately to the Call.
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1650 kHz
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80.
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Geetha Vanni proposed to establish a station oriented to the South Asian community that would operate at AM frequency 1650 kHz. Although the application by Geetha Vanni was not technically competitive with the application by CMR, it also proposed a service that would broadcast a high level of programming for the GTA's Tamil community. The Commission does not consider that the GTA market is able, at this time, to support a second new AM or FM radio station offering programming that targets the Tamil community. Therefore, in Decision CRTC 2003-120, the Commission has denied the application by Geetha Vanni for a new ethnic AM station at 1650 kHz.
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Stand-alone transitional digital radio undertakings
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81.
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As noted, in response to the Call, the Commission received two applications for stand-alone transitional DRUs. One application was from Sur Sagar for a licence for a new ethnic digital radio station that would provide programming oriented to the GTA's South Asian communities. The second application was by Korean Community Radio, which proposed to establish a digital radio station that would provide programming entirely in Korean.
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82.
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These two applications were the first that the Commission has received for stand-alone transitional DRUs. To date, the only licences issued for transitional DRUs have been for undertakings that would retransmit the programming of existing AM and FM stations. The Commission finds that, in this instance, it would be appropriate to approve an application for a stand-alone digital licence if the application were consistent with the objectives of the Call, the terms of the Ethnic Policy, and the criteria for evaluating competitive applications for new commercial radio stations.
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83.
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In light of the above, and for all the reasons set out in Stand-alone ethnic transitional digital radio undertaking (DRU) in Toronto, Broadcasting Decision CRTC 2003-118, 17 April 2003, the Commission has approved the application by Sur Sagar for a new stand-alone transitional DRU at 1454.56 MHz (DRB channel 2), with an effective isotropic radiated power of 5,084 watts. By condition of licence, all programming broadcast must be ethnic programming and at least 80% of ethnic programming must be in third languages. Sur Sagar must provide programming to a minimum of five cultural groups in at least five languages per broadcast week. Further, by condition of licence, at least 70% of all weekly programming must be in the Punjabi, Hindi and Urdu languages. The Commission considers that this station represents an innovative way to increase the amount of programming available for the GTA's growing South Asian communities. It further considers that the Sur Sagar application has fulfilled the objectives of the Call, the Ethnic Policy and the criteria for evaluating competitive applications for commercial radio stations.
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84.
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In Decision 2003-120, the Commission has denied the application by Korean Community Radio for a new stand-alone Korean-language transitional digital radio undertaking at 1454.56 MHz (DRB channel 2). The Commission notes that its Ethnic Policy generally does not allow for ethnic radio stations that offer programming solely to one ethnic or linguistic group and is not persuaded that it would be appropriate to make an exception in this instance.
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Secretary General
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This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Facts and Figures 2000: Immigration Overview, Department of Citizenship and Immigration, p. 7
Statistics Canada and Solutions Research Group Study, p. 8
Toronto Market Population Trend Study, Solutions Research Group Consultants Inc., p. 10
CRTC Financial Database
Statistics Canada Demographic Division as presented in the SRG Study, p. 11
Broadcasting Policy Monitoring Report 2002
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Date Modified: 2003-04-17