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Broadcasting Decision CRTC 2017-219

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Reference: 2016-392

Ottawa, 27 June 2017

Seventh-Day Adventist Church in Newfoundland and Labrador
Various locations in Newfoundland and Labrador

Application 2016-0136-0, received 4 February 2016
Public hearing in the National Capital Region
7 December 2016

VOAR Mount Pearl – Conversion to the FM band

  1. The Commission approves the application by Seventh-Day Adventist Church in Newfoundland and Labrador (Seventh-Day) for a broadcasting licence to operate an English-language specialty (Christian music) FM radio programming undertaking in Mount Pearl, Newfoundland and Labrador, to replace its English-language religious AM radio programming undertaking VOAR Mount Pearl and its rebroadcasting transmitter VOAR-1-FM Bay Roberts. The terms and conditions of licence are set out in the appendix to this decision. The Commission did not receive any interventions regarding this application.
  2. Seventh-Day is a not-for-profit organization controlled by its board of directors.
  3. The new station will operate at 96.7 MHz (channel 244C1) with an effective radiated power of 100,000 watts (non-directional antenna with an effective height of antenna above average terrain of 156.8 metres).
  4. Seventh-Day stated that its current AM transmitter was in need of replacement and that it would be more cost-effective to convert VOAR to an FM station. It added that the conversion would allow it to better serve the St. John’s metro area with improved signal quality.
  5. The station will maintain its current specialty Christian music format (95% non‑classic religious) and will broadcast 126 hours of programming per broadcast week, including 80 hours and 45 minutes of local programming. The primary target audience of the station will be adults aged 25 to 55, skewing to female listeners.
  6. Finally, the remaining rebroadcasting transmitters currently associated with VOAR will be reassigned as rebroadcasting transmitters of the new FM station.

Canadian content development

  1. The Commission reminds Seventh-Day that it must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986, as amended from time to time. The Commission notes the licensee’s commitments to CCD over and above the basic amount. Specifically, Seventh-Day indicated that in addition to the required basic annual contributions, it would contribute, by condition of licence, a total of $7,000 over seven consecutive broadcast years ($1,000 annually) in direct contributions to CCD. Seventh-Day indicated that it would direct these funds to FACTOR and initiatives that involve new artist CD development, Canadian artist concerts and touring and support for local music organizations.

Simulcast period and revocation of AM licence

  1. As set out in the appendix to this decision, Seventh-Day is authorized to simulcast the programming of the new FM station on VOAR and its rebroadcasting transmitter VOAR-1-FM for a transition period of three months following the commencement of operation of the FM station. Pursuant to sections 9(1)(e) and 24(1) of the Broadcasting Act and consistent with the licensee’s request, the Commission revokes the licence for VOAR Mount Pearl and its rebroadcasting transmitter VOAR-1-FM Bay Roberts effective at the end of the simulcast period.

Secretary General

This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2017-219

Terms, conditions of licence, expectation and encouragement for the English-language specialty (Christian music) FM radio programming undertaking in Mount Pearl, Newfoundland and Labrador

Terms

The licence will expire 31 August 2023.

The station will operate at 96.7 MHz (channel 244C1) with an effective radiated power of 100,000 watts (non-directional antenna with an effective height of antenna above average terrain of 156.8 metres).

The following rebroadcasting transmitters currently assigned to VOAR Mount Pearl will be reassigned to the new FM undertaking following the commencement of operation of the new FM station:

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

Further, the Commission will only issue a licence for this undertaking 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 27 June 2019. 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 set out in Conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009, with the exception of condition of licence 7.
  2. The station shall be operated within the specialty format as defined in A Review of certain matters concerning radio, Public Notice CRTC 1995-60, 21 April 1995, and Revised content categories and subcategories for radio, Broadcasting Regulatory Policy CRTC 2010-819, 5 November 2010.
  3. The licensee shall devote at least 95% of all musical selections broadcast during each broadcast week to selections drawn from subcategory 35 (Non-classic religious).
  4. The licensee shall devote at least 12% of its musical selections from content category 3 (Special Interest Music) in each broadcast week to Canadian selections.
  5. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV of that public notice with respect to the provision of balance and ethics in religious programming.
  6. In addition to the required basic annual contribution to Canadian content development set out in section 15 of the Radio Regulations, 1986, the licensee shall make an annual contribution of $1,000 ($7,000 over seven consecutive broadcast years) to the promotion and development of Canadian content. Of this amount, at least 20% per broadcast year shall be allocated to FACTOR or MUSICACTION. The remainder shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.
  7. The licensee is authorized to simulcast the programming of the new FM station on VOAR Mount Pearl and its rebroadcasting transmitter VOAR-1-FM Bay Roberts for a transition period of three months following the commencement of operation of the FM station.

Expectation

The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.

Encouragement

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

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