ARCHIVED - Broadcasting Notice of Consultation CRTC 2009-418

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Additional references: 2009-418-1, 2009-418-2, 2009-418-3 and 2009-418-4

Ottawa, 13 July 2009

 

Notice of hearing

  30 November 2009
Gatineau, Quebec
Review of campus and community radio
Deadline for submission of comments: 11 September 2009
  The Commission hereby initiates a public proceeding to review its policies for campus and community radio.
  As part of this proceeding, the Commission will hold a hearing commencing on 30 November 2009 at 9:30 a.m. at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec. The Commission intends to conduct a second proceeding in 2010 to examine its policies for community television and will publish a notice of consultation dealing with that matter in the fall of 2009.
  In this document the Commission provides a synopsis of its regulatory frameworks for campus and community radio and poses various questions for parties to address in their comments. The questions have been numbered and the Commission requests that parties identify the questions to which they are responding in their submissions. The notice also sets out the procedures for filing comments.
  Today, the Commission has placed four other documents on its website that will form part of the public record of this proceeding. These include a study on the use of turntablism and audio art on campus radio stations, a study on international approaches to the regulation and funding of the community radio sector, a summary of meetings between the campus and community radio sector and Commission staff, and a study on community radio prepared for the Department of Canadian Heritage in March 2008. The Commission encourages interested parties to monitor the public examination file and the Commission's website for additional information that they may find useful when preparing their comments.
  Although the hearing will be held in the National Capital Region, parties may participate from the Commission's regional offices via videoconferencing. Parties interested in doing so are asked to indicate clearly, at the time they file their comments, the regional office where they wish to appear. A list of the Commission's regional offices is included in this notice.
 

Regulatory framework

1.

The Commission's policies with respect to campus and community radio are set out in Broadcasting Public Notices 2000-12 and 2000-13, respectively.

2.

The Commission has established a number of requirements to help ensure that the programming of campus and community radio stations is different from that provided by commercial stations and those operated by the Canadian Broadcasting Corporation (CBC). The Commission has also imposed requirements and expectations on campus and community radio stations relating to community involvement in the production of programming and in the management and direction of such stations. The overall policy goals and requirements are shaped by objectives set out in the Broadcasting Act (the Act).

3.

The objectives and requirements of each policy, although similar, recognize the unique role that each type of station plays in their communities, the composition of these communities, composition of their boards of directors, funding and other differences.
 

Campus stations

4.

Above all, the primary objective for campus stations is that they provide programming that is different in style and substance from that provided by the commercial and public elements of the broadcasting system. To that end, campus stations must provide access by community groups and individuals to the airwaves and offer alternative programming that reflects the cultural diversity of the communities they serve. The Commission expects these stations to allow for balanced representation on their boards of directors from among the student body, the associated college or university, station volunteers and the community at large. Additionally, campus stations are expected to provide ongoing training for volunteers. The Commission also expects campus stations to broadcast music that is not often played by commercial stations while also providing spoken word programming that reflects the perspectives and concerns of the communities they serve.

5.

There are two types of campus stations: community-based and instructional. Both types of stations are expected to devote at least 5% of all musical selections aired during each broadcast week to musical selections from Category 3 (Special Interest Music), very little of which is played by commercial radio stations. In addition, both types are required to devote at least 25% of their programming to spoken word during each broadcast week. The Commission also imposed, and reaffirmed in Broadcasting Regulatory Policy 2009-61, that the level of hits aired during each broadcast week is to not exceed 10% of all musical selections in the case of English-language community-based campus stations, and 30% in the case of English-language instructional stations.

6.

Campus stations are to broadcast a minimum weekly level of 35% Canadian musical selections for Category 2 (Popular Music) and 12% for Category 3 music. The Commission requires that French-language campus stations devote at least 65% of all Category 2 vocal music selections to selections in the French-language, and that these selections be reasonably distributed throughout the broadcast day. Campus stations in markets without a local ethnic station can provide up to 40% of their programming in third languages without prior Commission approval.

7.

Campus stations are also limited in the amount of advertising that they can broadcast. All campus stations may broadcast a maximum of 504 minutes of advertising in any broadcast week, with a maximum of 4 minutes of advertising in any one clock hour.

8.

The Commission holds instructional stations to additional programming requirements. In each broadcast week, an instructional station must broadcast at least two hours of formal educational programming. As well, these stations are required to devote a minimum of 4% of all their weekly programming to news, with an emphasis on local news. This news programming requirement does not, however, apply during vacation periods. The campus radio policy notes that training students to be professional broadcasters is the primary objective of instructional stations.

Community stations

9.

All community stations are to offer programming that is different from and complimentary to the programming of other stations in the markets they serve. As with campus stations, community stations must provide access for community groups and individuals to the airwaves and offer programming that reflects the cultural diversity of the communities they serve. The Commission also expects community stations to allow members of the community at large to sit on the board of directors, as well as permit access by volunteers to the day-to-day operations of the stations. Community stations are also expected to provide training to volunteers. These stations should be different from other elements in the broadcasting system and provide programming that is varied by broadcasting a diversity of music and spoken word.

10.

The Commission currently licenses community radio undertakings as either Type A or Type B stations. A Type A station is one where there is no other radio station, other than one owned by the CBC, operating in the same language in all or in part of the market.1 All other community stations are licensed as Type B. As is the case with campus stations, both types of community stations are expected to provide minimum levels of spoken word programming during each broadcast week. Type A stations must devote 15% of the broadcast week to spoken word, while the minimum spoken word level for Type B stations is 25% of the broadcast week.

11.

Both Type A and Type B community stations are required to ensure that at least 20% of all musical selections played in each broadcast week are drawn from subcategories other than subcategory 21 (Pop, Rock and Dance). Community stations are also expected to ensure that at least 5% of all musical selections played in a broadcast week qualify as Special Interest Music. There are no limitations on the level of hits that community stations may broadcast.

12.

As with campus stations, community stations are required to broadcast a minimum weekly level of 35% Canadian selections for Category 2 music and 12% for Category 3 music during each broadcast week. The Commission requires that French-language stations devote at least 65% of all Category 2 vocal music selections to selections in the French-language and that these selections be reasonably distributed across the broadcast day. Type A stations can provide up to 40% of their programming in third languages without prior Commission approval.
 

Developmental stations

13.

To help communities assess their capacity to support a campus or community station, the Commission introduced a streamlined regulatory framework for low-power campus and community developmental stations. Developmental stations are limited to a transmitter power of 5 watts or less for AM stations or an effective radiated power of 5 watts or less for FM stations.

14.

Although expected to adhere to fundamental requirements such as those concerning Canadian ownership, board of directors' requirements, technical certification and Canadian and French-language vocal music requirements, developmental stations are not expected to comply with certain other policy requirements regarding programming. They are generally licensed for a period of three years, after which licensees are expected either to file an application for a broadcasting licence with the Commission for a regular campus or community station or to cease operations. The goal of this approach is to allow new stations to commence operations quickly with little financial burden while also offering training opportunities.
 

Changes since the previous policy review

15.

The Commission last reviewed the policies governing campus and community radio in 2000. To set the stage for that review, a lengthy consultative process was conducted that involved cross country meetings between Commission staff and Commission members with representatives from the sector. After these consultations, the Commission issued draft policies for comment.

16.

Since the issuance of the current policies in Public Notice 2000-12 and Public Notice 2000-13, the broadcasting environment in Canada has undergone several changes. These include increased commercial radio consolidation; changes to services offered by the CBC, including adjustments to the genres of music aired by Espace Musique and Radio 2; the introduction of satellite radio services; the rise of new media technologies; and increased convergence between the broadcasting and telecommunications industries.

17.

For its part, the Commission issued Broadcasting Public Notice 2006-158 (Commercial Radio Policy 2006), considered approaches to the regulation of new media, implemented a policy aimed at preserving the diversity of voices in broadcasting and initiated a streamlined regulatory approach for many sectors of the broadcasting system. It has also certified an independent Community Radio Fund of Canada (CRFC) that commercial broadcasters may support.

18.

Meanwhile, from a technical perspective, the availability of FM radio spectrum in large and medium sized markets across the country has greatly diminished.

19.

In Broadcasting Public Notice 2008-4 (Diversity of Voices), the Commission signalled its intention to review its policies for community-based media, stating, "The objective of this review will be to ensure that the Commission's regulatory policy supports the development of a healthy community broadcasting sector."

20.

Later, in its Report to the Governor in Council on English- and French-language broadcasting services in English and French linguistic minority communities in Canada dated 30 March 2009 (the OLMC Report), the Commission emphasized the importance of community radio services in the provision of community reflection and the role that these stations play in official language minority (OLM) communities. The Commission also highlighted its awareness of the funding challenges facing community and campus radio stations, noting that a broad review of community and campus radio would allow the Commission to evaluate various funding formulas and scenarios.

21.

In light of the above, the Commission is of the view that the policies relating to the regulation of the campus and community radio sector should now be reviewed and asks interested parties to comment on the issues set out below.
 

Issues

 

Roles and requirements for campus and community radio stations

22.

In Diversity of Voices, the Commission stated that the broadcasting system as a whole should provide access to a diversity of voices through broadcasting services from the public, private and community elements of the broadcasting system. Diversity in broadcasting is achieved through diversity at three distinct levels: diversity of element, plurality of editorial voices within the private element, and diversity of programming. The first and third levels of diversity are of particular importance to the campus and community radio sector.

23.

The community element, by its not-for-profit nature and the importance it places on the participation of community members, makes an important contribution to the diversity of the broadcasting system. With respect to diversity of programming, the Commission has emphasized the importance of local content and reflection (as well as national and regional content and reflection) and the availability of programming from the community sector.

24.

Diversity of Voices also noted the trend in private broadcasting toward consolidation and stated that a strong campus and community radio sector could play a greater role in ensuring that Canadians have access to diverse programming. While the notion of the funding of this programming will be addressed later in this document, the type of programming, its continued availability and the place the campus and community radio sector occupies in the overall broadcasting system must be explored as part of this review.

25.

Accordingly, the Commission seeks comment on the following questions regarding the place of the campus and community radio sector in the broadcasting system and the structure of the sector:
  • Q.1 Campus and community radio stations are largely defined by their programming. Should this view and predominant defining characteristic be expanded? If so, how?
  • Q.2 The objectives for campus radio stations are outlined in paragraphs 13 to 17 of Public Notice 2000-12 while the objectives for community radio stations are outlined in paragraphs 12 to 18 of Public Notice 2000-13. Should these objectives be revised? If so, how?
  • Q.3 Presently, there are two main policies governing the campus and community radio sector. Is it still necessary to have two policies, or would the sector be better served by one policy? What would be the implications of combining both policies and regulatory approaches?
  • Q.4 Presently, community stations are defined as either Type A or Type B stations. Is this distinction still relevant? Should this distinction be limited and simplified or otherwise changed? If so, how?
  • Q.5 For campus stations, the Commission makes a distinction between community-based and instructional stations. Is this distinction still relevant? Should these distinctions be limited and simplified or otherwise changed? If so, how?
  • Q.6 Currently, the Commission licenses developmental campus and community radio stations as noted above. Is this licensing approach still relevant? Should it be changed and, if so, what changes should be made?
  • Q.7 At present, the Commission's record of the membership of the board of directors of each station is only updated on a seven year basis (i.e. at the time of renewal). This is problematic since the Commission remains unaware of changes to the composition of the board over the licence term. How can the Commission be kept informed on a more frequent and routine basis?
  • Q.8 Applicants for campus and community stations are measured against the requirements of the policies by which they will be regulated to help determine whether they are to be licensed. Spectrum is increasingly scarce, which brings to light the possibility of competitive licensing scenarios involving applicants for campus and community radio stations and applicants for commercial and CBC stations. How should the Commission evaluate applications for campus and community radio stations in these competitive scenarios?
  • Q.9 How can the Commission ensure that a greater diversity of voices is provided in the broadcasting system through the campus and community radio sector?

26.

The Commission also seeks comment on the following questions regarding the programming requirements applicable to the sector:
  • Q.10 What are the effects of programming requirements, including spoken word and category limitations for music, for the campus and community radio sector? Should they be maintained or changed? If changes are necessary, what should they be?
  • Q.11 If the Commission were to amend any programming requirements, how would this affect the campus and community radio sector and its ability to maintain the distinctiveness of its programming to meet the stated goal of a greater role in ensuring Canadians have access to more diverse content? How would such changes affect other sectors?

27.

Experimental music, such as turntablism and audio art has become more common, principally on campus radio stations. The Commission's current musical categories and its criteria for defining Canadian selections are difficult to apply to such forms of expression. Currently the Commission does not recognize turntablists or performers of radio art as artists for the purpose of measuring Canadian content. As a result these forms of expression are often relegated to times outside the broadcast day. Today, the Commission has released a study discussing these types of musical expression within the campus and community radio sector, noting its availability on campus radio, as well as its contribution to diversity and innovation.

28.

The Commission proposes the following definition of "experimental" music to be used by the Commission and by stations choosing to play such music:
 

Subcategory 36 (Experimental): Unconventional and non-traditional uses of classical instruments and sound equipment to create new sounds and orchestrations of these sounds. Included is audio art, turntablism, musique actuelle, electroacoustic and sound ecology.2 It does not include spinning or beat mixing where the alterations of previously recorded tracks are limited to mixes between two or more pieces or samples.

29.

The Commission seeks comment on the following questions related to experimental music:
  • Q.12 Is the definition of experimental music proposed above appropriate? If not, how could it be improved?
  • Q.13 Under what circumstances should musical selections falling into the experimental category qualify as Canadian selections?

30.

The Commission also acknowledges the special place of those community broadcasters who are devoted, in whole or in part, to providing services to OLM communities. Many OLM communities have access to programming in their own official language from a variety of sources including satellite services, pay and specialty television services and the Internet. However, apart from 25 community radio stations broadcasting full-time in the French language outside of Quebec and 7 community radio stations broadcasting in the English language in Quebec, very few OLM communities receive free over-the-air radio services in their own language, apart from the service they receive from the CBC. As a result, very little in the way of local and locally relevant programming is typically available for such communities. The Commission is of the view that the campus and community radio sector may be particularly well suited to addressing these needs due to their structure, which encourages community involvement at all levels of administration and programming.

31.

Accordingly, the Commission seeks comment on the following questions regarding the availability of programming dedicated specifically to OLM communities:
  • Q.14 What are the challenges faced by OLM community broadcasters and program contributors in terms of access to the airwaves?
  • Q.15 How can the Commission help ensure the presence of linguistic duality in the broadcasting system and the availability of content to OLM communities? In so doing, how can the Commission ensure that the needs and realities of OLM communities are reflected in programming?
 

Licensing mechanisms and accelerated authority

32.

As noted above, the Commission has five classes of licence relating to the campus and community radio sector. A campus station may be either community-based or instructional, while a community station may be categorized as either Type A or Type B. In both cases, stations may be first licensed as a developmental station. It is important to note that campus stations must be affiliated with a post-secondary institution.

33.

In the past, the Commission has indicated that it will not license campus AM or FM stations associated with high schools, let alone those associated with elementary schools. It has, however, also stated that this policy would not impede the licensing of an AM or FM station housed in a high school but that otherwise operates as a community station and fulfills all aspects of the community radio policy.

34.

In spite of these statements, the Commission has shown a willingness to license radio stations whose programming is geared toward a young population. In Broadcasting Decision 2007-89, the Commission licensed a Type B community AM radio programming undertaking to serve Gatineau and Ottawa with programming intended to target children aged 4 to 18. Furthermore, in Broadcasting Decision 2007-431, the Commission approved an application for a French-language FM specialty radio programming undertaking to serve Saint-Jérôme. In that case, the applicant indicated that the station would broadcast approximately 20 hours per week with programming targeting and produced by students of the École Notre-Dame.

35.

The Commission acknowledges section 3(1)(i)(i) of the Broadcasting Act, which provides for programming to be targeted to children, and section 3(1)(i)(iii), which provides for educational and community programs.

36.

Accordingly, the Commission seeks comment on the appropriateness of licensing elementary school or high school based campus stations:
  • Q.16 Should the Commission license elementary or high school based stations, or should they be exempt from licensing?
  • Q.17 What requirements should the Commission impose on these stations as criteria for licensing or for exemption from licensing? Such requirements could relate to programming, ownership, composition of the board of directors and technical considerations.

37.

The Commission also notes that technological advances have made increased program sharing between stations possible. Shared programs, while not necessarily local, often have some relevance to various communities. Although spectrum limitations are a significant concern for large and medium sized markets across the country (as noted below), this consideration is generally minimal if not absent in remote locations.

38.

There are a number of communities across the country that, given their distance from urban centres, concentration of population, transience or because they are an OLM community, could benefit from an alternate approach. Such communities could be served by radio stations operating at very low power with an approach that would allow for limited local programming to be mixed with programming originating from other communities in similar circumstances, programming from currently licensed radio stations, or both. For purposes of discussion, the Commission will refer to such stations as "micro radio stations." In this regard, the Commission notes the existence of a pilot project in Quebec that makes use of this arrangement to reach minority English-language communities in remote areas of the province. The model would involve limited production facilities in a number of locations across the province. All programming would be linked via the Internet so that it is shared on a centralized server. Programming could therefore vary across the entire network at the discretion of the operator of each station. Such a model would also allow for local programming inserts.

39.

The Commission seeks comment on the following questions regarding micro radio stations:
  • Q. 18 Should the Commission license micro radio stations or should these stations be exempt from licensing?
  • Q. 19 What requirements should the Commission impose on micro radio stations as criteria for licensing or for exemption from licensing? Such requirements could relate to programming, ownership, composition of the board of directors and technical considerations.
 

Approaches to funding

40.

The campus and community radio sector has emphasized, through its interventions in other Commission proceedings, the pressing need for sustained funding to help ensure the long term viability of its operations, programming and community involvement. In its Commercial Radio Policy 2006, the Commission formally recognized the campus and community radio sector as an eligible recipient of funding by commercial radio stations under a revised funding regime for Canadian Content Development (CCD). Specifically, the Commission noted that audio content initiatives that would further advance the fulfilment of specific objectives of the Canadian broadcasting system, such as a community radio fund, would be considered eligible for CCD funding.

41.

In Broadcasting Decision 2007-359, the Commission approved the acquisition of assets of Standard Radio Inc. by Astral Media Radio G.P. (Astral).3 As part of that decision, the Commission encouraged Astral to make available certain outstanding tangible benefits to the community radio sector and stated that any funding to this sector should be provided in consultation with its representative bodies – the National Campus and Community Radio Association, l'Alliance des radiodiffuseurs communautaires du Canada and l'Association des radiodiffuseurs communautaires du Quebec. The result was that the purchaser made available $1.4 million over the course of seven consecutive broadcast years to the CRFC. The CRFC was certified as an eligible recipient for CCD funding at a later date.

42.

As noted above, the Commission most recently acknowledged that funding was an issue for this sector in its OLMC Report, acknowledging that funding appeared to be the main obstacle to the establishment of radio services devoted to OLM communities. While the Commission noted the existence of several provincial assistance programs as well as some federal funding mechanisms for OLM community stations in particular, core funding to the entire sector is elusive.

43.

Given the foregoing, the Commission seeks comment on the following questions regarding mechanisms and opportunities for funding the campus and community radio sector in a sustainable fashion:
  • Q.20 What are the challenges that the campus and community radio sector currently experiences with respect to funding?
  • Q.21 Are advertising limits for campus stations still relevant?  Should they be maintained?  What would be the impact if they were raised or lowered?
  • Q.22 How have their capacities for fund raising increased or decreased since the last review of this sector's policies?
  • Q.23 How has the CRFC affected the funding of this sector? How could it be improved?
  • Q. 24 What funding models for campus and community radio are viable in the short, medium and long term? From where should this funding originate and what form should it take? For instance, should the commercial radio sector be mandated to devote certain portions of its funding directed at CCD to the CRFC?

Spectrum considerations

44.

The availability of spectrum in large markets across the country and in areas adjacent to those markets is a growing concern for all broadcasters seeking to implement a new radio undertaking. The same can be said for many incumbent stations whose once unencumbered signals now face increasing possibilities of interference from undertakings using adjacent frequencies.

45.

Campus and community radio stations face a particular challenge, given their not-for-profit natures and relative lack of human resources. These factors make it difficult for incumbent stations to react to increasing pressures put on them related to spectrum. Such pressures include the need to vacate an unprotected frequency being operated at low power4 and mitigating interference from an increasingly crowded FM frequency band.

46.

The Commission notes that the Department of Industry (the Department) recently announced changes to the manner in which it will protect existing broadcasters.5 In particular, the Department announced that, effective 1 January 2011, it will amend its existing domestic protection criteria for FM stations. Whereas stations are now protected to the maximum parameters of their class of licence, in the future stations will only be protected to the parameters at which they currently operate.

47.

The Commission's jurisdiction with regard to the management of spectrum is limited. Questions concerning interference, protection, frequency allocation, and technical acceptability are the purview of the Department. Under the Act, the Commission concerns itself with the licensing of undertakings. While the Commission assigns frequencies to licensees, its policy concerns under section 3 of the Act are, in broad terms, focused on the management of the broadcasting system in such areas as cultural diversity, official linguistic duality, the use and promotion of Canadian resources in broadcasting and helping to ensure the enrichment and strengthening of the cultural, political, social and economic fabric of Canada.

48.

Given the increased pressures experienced by the campus and community radio sector and the Commission's limited jurisdiction in this regard, the Commission seeks comment on the following questions about how to best address the concerns of the sector with regard to the scarcity of spectrum:
  • Q.25 Are there any accelerated processes that the Commission should implement when considering technical amendments for low-power radio stations in cases where such stations are at risk of losing the frequency on which they operate?
  • Q.26 What is the impact of the changes announced by the Department regarding the domestic protection regulations for FM stations?
  • Q.27 How widespread are protection issues for low-power campus and community broadcasters?
  • Q.28 Some long term solutions to the FM frequency shortage problem could involve the reassignment of television spectrum (channels 5 and 6) to radio, and/or the adoption of a digital radio standard. What policies or measures could the Commission take in the event of these changes with respect to the campus and community radio sector?
 

New media

49.

On 4 June 2009, the Commission issued its policy regarding Canadian broadcasting in new media in Broadcasting Regulatory Policy 2009-329. The Commission rendered its decision and maintained its new media exemption order. In so doing, as detailed in Broadcasting Notice of Consultation 2009-330, the Commission proposed reporting requirements, undue preference provisions as well as amendments to the definition of a new media broadcasting undertaking. The Commission also fully endorsed the development of a national digital strategy.

50.

Following the submission of written comments to the new media proceeding, but prior to the public hearing, the Commission issued Broadcasting Notice of Public Hearing 2008-11-1 in which it concluded that issues regarding the special role of community broadcasters in the new media environment would be best considered as part of a comprehensive proceeding devoted to community media.

51.

Accordingly, the Commission seeks comment on the following questions regarding the role and participation of campus and community radio broadcasters in the new media environment:
  • Q.29 Campus and community radio serves a function that is not necessarily provided by other components of the broadcasting system in terms of the programming provided and opportunities for community access. Is there a similar need in the new media environment?
  • Q.30 What are the benefits of a new media presence for campus and community radio stations? Do audiences expect such a presence?
  • Q.31 What challenges do campus and community radio stations face with respect to participation in the new media environment?
  • Q.32 Is there a role for Internet-only community or campus radio stations? In particular, given their primary objective to train students to be professional broadcasters, could instructional stations fulfil their mandate via an Internet-only model?
  • Q.33 How can the Internet provide an opportunity for the reflection of official language minority communities?
  • Q.34 What impact will mobile devices have on the campus and community radio sector? What opportunities do mobile devices present?
 

Common approaches to cultural diversity

52.

In Broadcasting Public Notice 2007-122, the Commission set out its approach to cultural diversity for private commercial radio operators. In particular, the Commission adopted the Canadian Association of Broadcasters' (CAB) best practices for cultural diversity, which are composed of principles that can guide broadcasters in developing and implementing their individual approach to diversity.

53.

The Commission determined that, because of their limited resources, it would require small radio operators to follow the CAB's best practices and that they should be prepared at licence renewal to describe their efforts to implement them. Unlike medium and large sized operators, small radio operators were exempted from reporting on their diversity initiatives to the Commission throughout their licence terms.

54.

The Commission seeks comment on the following questions regarding cultural diversity for the campus and community radio sector:
  • Q.35 Is the approach that the Commission has taken for small commercial radio operators concerning cultural diversity appropriate for the campus and community radio sector? If not, why not? If it is not, please propose an alternative approach. Please consult the appendix to Broadcasting Public Notice 2007-122 when considering your comments.
 

Other matters

55.

The Commission recognizes that the current policies for campus and community radio have not been revised in a number of years. While the Commission has identified a number of issues and a broad scope for this review, it is nevertheless open to considering other issues and concerns. The Commission, however, reminds parties that their comments should be limited to matters falling within the Commission's jurisdiction and powers under the Act. Further, parties should discuss such matters in the context of the various cultural, economic, social and technological policy objectives set out in the Act.
 

Call for comments

56.

The Commission invites written comments that address the issues and questions set out above. The deadline for filing written comments is 11 September 2009.

57.

The Commission will only accept submissions that it receives on or before the prescribed date noted above.

58.

Following the oral public hearing, those who filed comments may have an opportunity to file brief final written comments within 10 days of the completion of the hearing.

59.

Parties wishing to appear at the public hearing, either in person or by video conference from one of the Commission's regional offices, must state their request on the first page of their written submissions. Parties requesting appearance must provide clear reasons, on the first page of their submissions, as to why the written submission is not sufficient and why an appearance is necessary. The Commission will subsequently inform parties whether their request to appear has been granted. While submissions will not otherwise be acknowledged, they will be considered by the Commission and will form part of the public record of the proceeding, provided the procedures set out herein have been followed.
  Procedures for filing comments

60.

Interested parties can file their comments to the Secretary General of the Commission:
 
  • by using the
    Broadcasting Intervention/Comments Form
 

OR

 
  • by mail to
    CRTC, Ottawa, Ontario K1A 0N2
 

OR

 
  • by fax at
    819-994-0218

61.

Submissions longer than five pages should include a summary.

62.

Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.
  Important notice

63.

Note that all information that parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission's website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission's website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

64.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

65.

Documents received electronically or otherwise will be put on the Commission's website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

66.

Please note that the information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of our website with the help of either our own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.
  Examination of documents

67.

The Commission encourages interested parties to monitor the public examination file and the Commission's website for additional information that they may find useful when preparing their comments.

68.

An electronic version of the applications is available from the Commission's website by selecting the application number within this notice.

69.

A list of all interventions/comments will also be available on the Commission's website. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's website.

70.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications, or, upon request, within 2 working days, at any other Commission offices and documentation centres.
  Location of Commission offices
  Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782
  Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218
  Regional offices
  Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721
  205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607
  55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096
  Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel.: 204-983-6306
TDD: 204-983-8274
Fax: 204-983-6317
  2220 – 12th Avenue, Room 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422
  10405 Jasper Avenue
Suite 520
Edmonton, Alberta
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Tel.: 780-495-3224
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  Secretary General
  Related documents
 
  • Call for comments on proposed amendments to the Exemption order for new media broadcasting undertakings, Broadcasting Notice of Consultation CRTC 2009-330, 4 June 2009
 
  • Review of broadcasting in new media, Broadcasting Regulatory Policy CRTC 2009-329, 4 June 2009
 
  • Report to the Governor in Council on English- and French-language broadcasting services in English and French linguistic minority communities in Canada, 30 March 2009
 
  • Policy regarding the broadcast of hits by English-language FM radio stations, Broadcasting Regulatory Policy CRTC 2009-61, 11 February 2009
 
  • The role of community broadcasters – Notice of consultation and hearing, Broadcasting Notice of Public Hearing CRTC 2008-11-1, 22 January 200
 
  • Diversity of voices – Regulatory policy, Broadcasting Public Notice CRTC 2008-4, 15 January 2008
 
  • French-language FM specialty radio station in Saint-Jérôme, Broadcasting Decision CRTC 2007-431, 21 December 2007
 
  • Canadian Association of Broadcasters' Best Practices for Diversity in Private Radio; Reporting requirements on cultural diversity for commercial radio operators, Broadcasting Public Notice CRTC 2007-122, 2 November 2007
 
  • Acquisition of assets, Broadcasting Decision CRTC 2007-359, 28 September 2007
 
  • Community radio station in Gatineau/Ottawa, Broadcasting Decision CRTC 2007-89, 19 March 2007
 
  • Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006
 
  • Community radio policy, Public Notice CRTC 2000-13, 28 January 2000
 
  • Campus radio policy, Public Notice CRTC 2000-12, 28 January 2000
  This document is available in alternative format upon request and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
 

Appendix to Broadcasting Notice of Consultation CRTC 2009-418

 

Definitions of musique actuelle, electro acoustic and sound ecology

 

Musique actuelle:

  New forms of music which include, atonal, tonal, contemporary, electro-acoustic, and avant-garde genres. Music that uses the techniques of collage, improvisation, and post-modern composition.
 

Electro acoustic

Music in which electronic technology, now primarily computer-based, is used to access, generate, explore and configure sound materials, and in which loudspeakers are the prime medium of transmission. It is music that seeks to expand compositional resources beyond the sounds available from instruments and voices, to explore new sound shapes and timbres both by transforming recorded sources and by synthesizing new sounds, and to break the confines of fixed pitch and metrically based approaches to rhythm.
Source: www.oxfordmusiconline.com
 

Sound ecology

  A field of music that was coined by Canadian composer, R. Murray Schafer. It "combines disciplines such as acoustics, geography, psychology, urbanology, and aesthetics."
Source: www.oxformusiconline.com
  It is the study of the relationship between living organisms and their sonic environment (or soundscape).
Source: Canadian Association of Sound Ecology
  It is sometimes referred to as "environmental music" and overlaps with the principals of audio art. Sound ecology "explores issues of spatial and environmental articulation and/or the physics of sound using media that may include sound sculptures, performances, and site specific installations."
Source: www.oxfordmusiconline.com

Footnotes:

1 According to the Radio Regulations, 1986, “market” is defined as “a) in the case of an A.M. station, the A.M. daytime 15 mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller, or; b) in the case of an F.M. station, the F.M. 3mV/m contour or the central area as defined by the Bureau of Broadcast Measurement, whichever is smaller.”

2 Definitions of musique actuelle, electro acoustic and sound ecology are set out in the appendix to this notice.  Please also see the study on the use of turntablism also released on this date for a discussion of audio art and turntablism.

3 Astral Media Radio (Toronto) Inc. and 4382072 Canada Inc., partners in a general partnership carrying on business as Astral Media Radio G.P.

4 Low-Power FM Stations are defined as secondary assignments operating on an unprotected channel with an effective radiated power of 50 watts or less and an estimated height of antenna above average terrain of 60 metres or less. These stations are not granted any protections for the use of their frequencies and may be forced to find other frequencies if another applicant applies to use the frequency in question at technical parameters which would be considered protected (see the Department of Industry's BPR-3, Section E).

5 http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08999.html

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