ARCHIVED - Broadcasting Decision CRTC 2012-464

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Route reference: 2012-126

Ottawa, 29 August 2012

Smithers Community Radio Society
Smithers, British Columbia

Application 2011-1550-2, received 30 November 2011
Public hearing in Toronto, Ontario
7 May 2012

English-language low-power community FM radio station in Smithers

The Commission approves an application for a broadcasting licence to operate an English-language, low-power community FM radio station in Smithers, British Columbia.

The application

1. The Commission received an application by Smithers Community Radio Society (Smithers Community Radio) for a broadcasting licence to operate an English-language, low-power community FM radio programming undertaking in Smithers, British Columbia. The Commission received interventions in support of the application, as well as an intervention offering general comments. The public record for this proceeding is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

2. Smithers Community Radio is a not-for-profit corporation controlled by its board of directors.

3. In Broadcasting Decision 2009-373, the Commission approved an application by Smithers Community Radio for a developmental community radio station in Smithers. In Public Notice 2000-13, the Commission stated that developmental community radio stations would generally be licensed for a three-year term and that at the end of this term licensees would be expected to have filed an application with the Commission for a broadcasting licence for a community radio station, or cease operations. Smithers Community Radio filed the present application for a community radio station in order to continue the operation of their current station, as directed by Public Notice 2000-13.

4. In Broadcasting Regulatory Policy 2010-491, the Commission announced a number of changes to the regulatory framework for campus and community radio stations. Smithers Community Radio confirmed that it would adhere to this policy.

5. The new station would operate at 93.9 MHz (channel 230LP) with an effective radiated power of 49.7 watts (non-directional antenna with an effective height of antenna above average terrain of -73.5 metres).1

6. Smithers Community Radio indicated that the station would broadcast 126 hours of programming each broadcast week, of which 94 hours would be station-produced programming and the remainder would be acquired programming obtained from other community and campus stations across Canada. The applicant noted that as its capacity to produce local programming increases, the amount of acquired programming broadcast by the station would decrease.

7. The applicant further indicated that spoken word programming would consist of news and lifestyle programming as well as programming relating to local politics, public issues requiring community involvement, weather updates, emergency information and social events.

8. Smithers Community Radio noted that the station’s musical programming would be drawn from a range of content category 2 (Popular Music) and content category 3 (Special Interest Music) musical selections.

9. With respect to the promotion of Canadian local talent, Smithers Community Radio stated that it would work with local organizations to develop broadcast features that could be scheduled on the station and promoted to listeners. In addition, the applicant proposed to promote emerging Canadian talent through its local programming initiatives by showcasing the music and biographical information of emerging artists and, when possible, by featuring locally based artists.

10.  Smithers Community Radio stated that volunteers would be responsible for producing all of the station-produced programming. The volunteers would be trained in different facets of the station’s operation, including program development and production, news reporting, and community outreach, as well as broadcasting and technical operations by experienced station volunteers and by experienced community radio staff from other regional radio stations.

Commission’s analysis and decision

11.  The Commission expects community radio stations to provide programming differing in style and substance from that provided by other elements of the broadcasting system, particularly commercial radio stations and the Canadian Broadcasting Corporation. Such programming should consist of music, especially Canadian music, not generally heard on commercial stations (including special interest music, as well as styles of popular music seldom broadcast), in-depth spoken word programming and programming targeted to specific groups within the community.

12.  In light of all of the above, the Commission is satisfied that the application is consistent with the provisions for community radio stations set out in Broadcasting Regulatory Policy 2010-491. Accordingly, the Commission approves the application by Smithers Community Radio Society for a broadcasting licence to operate an English-language, low-power community FM radio programming undertaking in Smithers, British Columbia. The terms and conditions of licence are set out in the appendix to this decision.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2012-464

Terms, conditions of licence, expectation and encouragement for the English-language, low-power FM community radio programming undertaking in Smithers, British Columbia

Terms

The licence will come into effect on 1 September 2012 and will expire 31 August 2019.

The station will operate at 93.9 MHz (channel 230LP) with an effective radiated power of 49.7 watts (non-directional antenna with an effective height of antenna above average terrain of -73.5 metres).

The Commission reminds the applicant that pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.

The Commission requires the applicant to file, within 12 months of the date of this decision, a copy of its amended and executed by-laws demonstrating that it is in compliance with the Direction to the CRTC (Ineligibility of non-Canadians) at all times.

Furthermore, the licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 29 August 2014. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Conditions of licence

1. The licensee shall adhere to the conditions of licence set out in Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012.

Expectation

Filing of ownership information

As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all community and campus licensees to file yearly updates on the composition of their boards of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. As noted in Appendix 3 to that regulatory policy, licensees may submit such documentation via the Commission’s website.

Encouragement

Employment equity

The Commission considers that community radio stations should be particularly sensitive to employment equity issues in order to reflect fully the communities they serve. It encourages the licensee to consider these issues in its hiring practices and in all other aspects of its management of human resources.

Footnote

[1] These technical parameters reflect those approved by the Department of Industry.

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