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ARCHIVED - Broadcasting Decision CRTC 2004-413

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Broadcasting Decision CRTC 2004-413

  Ottawa, 16 September 2004
  Wesley Shaw
 Whistler, British Columbia
  Application 2003-1459-2
Public Hearing in the National Capital Region
7 June 2004
 

Low-power English-language FM radio station in Whistler

  The Commission denies the application by Wesley Shaw to operate a low-power English-language FM radio station in Whistler, British Columbia.
 

The application

1. The Commission received an application by Wesley Shaw for a broadcasting licence to operate a low-power English-language FM commercial radio programming undertaking in Whistler at 103.5 MHz (channel 278LP) with an effective radiated power (ERP) of 27.15 watts.
2. The applicant indicated that the music played by the station would include a variety of dance music styles including house, breaks, drum and bass, techno, trance, jungle and raga. The applicant submitted that most of the music that would be played is absent from the programming of most Canadian radio stations.
3. The applicant further indicated that 30% of the programming on the proposed station would consist of spoken word. Spoken word programming would include weather and snow reports, information on recreational activities, interviews with local athletes and musical artists, live coverage of sports events and call-in programs.
4. The applicant stated that the proposed station would be largely run on pre-recorded material and, as a result, could be operated by three volunteers, including Mr. Shaw.
 

Interventions

5. The Commission received 37 interventions; 35 in support and 2 in opposition. The supporting interventions considered that the programming of the proposed station would be attractive and that the station would provide a showcase for local musical artists. The two opposing interventions were filed by Russ Wagg, who is the general manager of Visitor Radio in Whistler, and by the Canadian Association of Broadcasters (CAB).
 

Intervention by Russ Wagg

6. Mr. Wagg considered that another radio station would not be able to survive in a market with only 10,000 residents. He also expressed concern about the applicant's reliance on volunteers to run his for-profit company at a time when many Whistler businesses are having difficulty attracting paid employees. Given these concerns, Mr. Wagg was of the view that the proposed station could turn into an automatic juke box that played mainly music and commercials.
 

Reply to the intervention by Russ Wagg

7. In reply to the concerns expressed by Russ Wagg, the applicant stated that Whistler's population can increase up to 40,000 during the winter months. He further indicated that volunteerism is part of Whistler's culture, and that volunteers would be attracted to the station because of the invaluable work experience it would provide. The applicant reiterated his view that the station would provide cultural diversity, entertainment, sports, news, weather and a voice for local residents.
 

Intervention by the CAB

8. In its intervention, the CAB made reference to the Commission's licensing policy for low-power radio undertakings, as set out in Policy framework for community-based media, Broadcasting Public Notice CRTC 2002-61, 10 October 2002 (Public Notice 2002-61), and, in particular, to the Commission's statement that it would expect applicants for low-power radio services to show how their programming proposals would fulfil the following objectives:
 
  • The contribution of an additional, diverse voice to the markets served.
 
  • The presentation of programming that complements that of existing licensees in the market.
 
  • The fulfilment of demonstrated community needs.
9. The CAB contended that Wesley Shaw's application met none of the above objectives. In its view, low-power radio undertakings should provide niche-focused services, such as tourist and weather information, or ethnic and other services that would be of direct and local relevance, offer true diversity, and complement rather than compete with existing radio services.
10. Further, in the CAB's view, the Commission's licensing policy for low-power radio should not serve as a "back door" entry into the system for applicants wishing to operate conventional radio undertakings but not willing to shoulder the regulatory obligations that accompany such a licence. The CAB further warned against underestimating the significant impact that the introduction of new ostensibly non-competitive services can have on existing licensed radio undertakings.
 

Reply to the intervention by the CAB

11. In reply to the CAB's intervention, Mr. Shaw stated that the musical programming of the station would reflect a new style for radio in Canada that has been available in all European countries for years. He further submitted that the musical format of the new station would not be competitive with that of any existing station in the market and would therefore contribute to diversity.
 

The Commission's analysis and determination

12.

The Commission notes that, even though the applicant has proposed to operate a commercial radio station, the station would rely on unpaid volunteers to do the programming. Thirty percent of such programming would be devoted to spoken word content which would include such elements as weather and snow reports, information on recreational activities, interviews with local athletes and musical artists, live coverage of sports events and call-in programming.

13.

While recognizing that the station, as proposed, would add diversity to the programming available in Whistler, the Commission has serious concerns about the applicant's ability to implement its proposal using a small number of volunteer staff. This concern relates particularly to the high level of spoken word programming that the applicant has proposed to broadcast. The Commission notes that, in order to fulfil its commitment to broadcast a 30% level of spoken word programming, the applicant would have to broadcast an average of nearly six hours of spoken word programming during each 18-hour broadcast day. The Commission is not convinced that this level could be achieved, on a consistent basis, by a limited number of volunteer programmers.

14.

In light of the above, the Commission denies the application by Wesley Shaw, for a broadcasting licence to operate a commercial low-power English-language FM radio programming undertaking in Whistler.
  Secretary General
  This decision is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca 

Date Modified: 2004-09-16

Date modified: