Broadcasting Decision CRTC 2023-11

Reference: 2022-183

Ottawa, 17 January 2023

Lawen Met Hopninj Radio Society
La Crete, Alberta

Public record: 2022-0106-0
Public hearing in the National Capital Region
8 September 2022

Low-power, ethnic commercial specialty FM radio station in La Crete

Summary

The Commission approves an application by Lawen Met Hopninj Radio Society for a broadcasting licence to operate a low-power, ethnic commercial specialty FM radio station to serve La Crete, Alberta.

Background

In 2020, Abram Zacharias, on behalf of a not-for-profit corporation to be incorporated (Abram Zacharias [NPC OBCI]), filed an application with the Commission for a broadcasting licence to operate a low-power, ethnic commercial specialty FM radio station in La Crete, Alberta. In Broadcasting Decision 2021-339, the Commission denied the application.
In that decision, the Commission expressed its concerns over the proposed station’s programming and the limited points of view offered to listeners. The Commission determined that the applicant’s offer of one hour of local programming per broadcast week was insufficient to meet regulatory requirements or to adequately serve the local community of La Crete. The Commission also considered that decision-making by board members in all areas of the proposed radio station’s operations could limit the diversity of voices or points of view for listeners.
The Commission added that if the applicant wished to submit another application, it should ensure that the new proposal meets the local programming and local reflection requirements and presents a diversity of points of view.

Application

Lawen Met Hopninj Radio Society (Lawen), filed an application for a broadcasting licence to operate a low-power, ethnic commercial specialty FM radio station to serve La Crete. The Commission did not receive any interventions in regard to this application. However, as part of its application, the applicant filed letters in support from various local businesses, the Member of Parliament for Peace River, and the Mackenzie County Councilor.
Lawen, a not-for-profit corporation controlled by its board of directors, is incorporated under the Societies Act in the Province of Alberta.^{Footnote 1} All members of the board of directors are members of the La Crete community and are all Canadian.
The station would operate at 99.9 MHz (channel 260LP) with an average effective radiated power (ERP) of 47.2 watts (non-directional antenna with an effective height of antenna above average terrain [EHAAT] of 23.8 metres).^{Footnote 2} The proposed service contours for the station would encompass La Crete and surrounding areas.
Lawen proposed to operate an ethnic station in accordance with the specialty format as defined in Public Notice 1995-60. It proposed to devote at least 60% of the programming broadcast in each broadcast week to ethnic programming, including 50% to third-language programming and 10% to English-language programming. The applicant stated that it would adhere to a condition of licence requiring it to direct ethnic programming to at least one cultural group in at least two different languages, including Low German (Mennonite/Plautdietsch) and English.
Further, Lawen proposed to broadcast 126 hours of programming per broadcast week and indicated that it was prepared to commit to broadcasting a minimum of 50 hours and 33 minutes of local, station-produced programming. The station would broadcast news, weather, and information on upcoming community events. The station’s local programming would include discussions and interviews on agricultural, rural, and financial topics, church services, and the culture of the Mennonite community in a local context.
Lawen indicated that 85% of the proposed station’s music programming would be a blend of music drawn from content category 3 (Special Interest Music),^{Footnote 3} which would include music from Mennonite artists. The applicant stated that the proposed station would feature Canadian emerging artists on air, and that it would invite emerging artists to its studio to record their songs and play them live on air.
In addition, the station would offer spoken word religious programming as well as 10 hours and 16 minutes of news (including 4 hours and 24 minutes of local and regional news). The remaining programming would consist of wrap-around programming sourced from Canadian and international services, including programming relating to the Mennonite faith, Mennonite women and families, and cooking.
Given that the proposed programming would include religious programming, the applicant confirmed that it would adhere to the Commission’s guidelines on balance and ethics set out in Public Notice 1993-78, which sets out that stations broadcasting religious programming have an obligation to offer differing views on matters of public concern, including religious matters.

Issues

The Commission has the authority, pursuant to subsection 9(1) of the Broadcasting Act (Act), to issue broadcasting licences for such terms not exceeding seven years and subject to such conditions related to the circumstances of the licensee as it deems appropriate for the implementation of the broadcasting policy set out in subsection 3(1) of the Act.
After examining the record for this application in light of applicable regulations and policies, the Commission considers that the issues it must address are as follows:
- whether the use of the frequency 99.9 MHz by the applicant for its proposed station represents an appropriate use of spectrum;
- whether approval of the application would have an undue economic impact on incumbent stations in the market;
- whether approval of the application would be consistent with the Commission’s regulatory requirements relating to the broadcast of ethnic programming; and
- whether approval of the application would increase diversity in the market.

Appropriate use of spectrum

In regard to Lawen’s proposed use of frequency 99.9 MHz, the Commission has identified multiple other frequencies that are capable of providing similar or greater coverage to that proposed by the applicant. As such, 99.9 MHz is not the last frequency available to serve La Crete.
Further, since the present proposal is for a low-power FM radio station, the use of that frequency would not remove its availability from the surrounding areas and would have a negligible impact on the availability of frequencies in La Crete and surrounding areas.
Finally, the Department of Industry has granted conditional technical acceptability to the proposed station. As such, the applicant’s proposal adheres to the rules governing FM spectrum coordination.
In light of the above, the Commission finds that the use of the frequency 99.9 MHz by the applicant for its proposed radio station represents an appropriate use of spectrum.

Economic impact on incumbent stations

There are currently no incumbent radio stations specifically serving the La Crete area. However, the area is served by two out-of-market stations through rebroadcasting transmitters: CKLA-FM La Crete, a rebroadcasting transmitter of CKHL-FM High Level, Alberta, operated by Peace River Broadcasting Corporation Ltd.; and CIAM-FM-2 Buffalo Head, Alberta, a rebroadcasting transmitter of CIAM-FM Fort Vermillion, Alberta, operated by CIAM Media & Radio Broadcasting Association. As such, the proposed station would be the first originating station to serve the area.
Further, the primary contour (3 mV/m) of the proposed station would not overlap those of either of the above-noted rebroadcasting transmitters.
In light of the above, and considering that there are no incumbent radio stations specifically serving La Crete, the Commission finds that approval of the present application would not have an undue economic impact on existing radio stations of the wider area.

Regulatory requirements relating to the broadcast of ethnic programming

Languages of broadcast and ethnic groups served

The Commission’s Ethnic Broadcasting Policy is set out in Public Notice 1999-117. As set out in that policy, the Commission requires ethnic stations to serve a range of ethnic groups in a variety of languages, and to strike a balance between serving as many groups as practical in a variety of languages and providing high-quality programming to those groups. The Commission establishes the minimum number of distinct groups that a station must serve on the basis of the demographics of the community, the services already available, and the degree of support shown by local community organizations. In addition, in establishing the required number of distinct groups to be served, the Commission also weighs the ability of ethnic stations to provide appropriate amounts of quality programming to those groups along with the availability of ethnic programming from all stations serving a market.
The La Crete radio market is quite different from other, major Canadian markets. Among other things, it is less diverse in terms of ethnic groups and has a very small population compared to major Canadian markets. Moreover, according to Statistics Canada, the majority of the population of La Crete identified German as their mother tongue, and only a small number of residents indicated that they do not have a usable knowledge of either English or French.
Lawen proposed to target a single ethnic group, the Mennonite population of La Crete and the surrounding area, as it is the only ethnic group in the market. The proposed programming would provide that population with a minimum amount of programming in Low German (Plautdietsch) that would reflect their culture and, at the same time, along with Canadian-sourced English-language programming, would help them to better participate in Canadian society. The applicant indicated that Low German (Plautdietsch)-speaking Mennonites were the only significant ethnic group in the community and that only 3% of the population of La Crete spoke a language other than Low-German (Plautdietsch) or English.
In the Commission’s view, the proposed service would benefit the community of La Crete by allowing a small ethnic group to be represented on the airwaves of ethnic radio stations and by diversifying the programming currently offered to that community. Situated in a rural area where there are no other broadcasters, the proposed station would serve the needs of the community and would enhance cultural diversity in the Canadian broadcasting system. Given the size and composition of the La Crete radio market, the Commission finds that the proposed radio station, the first station to be operated in that market, would be a positive addition to that market and would be reflective of the local community served.
In light of the above, the Commission finds that Lawen’s proposal would provide a balance between the priorities of serving as many different ethnic groups as practical in a variety of languages and providing high-quality programming to those groups that are served.

Third-language and ethnic programming

Pursuant to subsection 7(1) of the Radio Regulations, 1986 (the Regulations), as confirmed in the Ethnic Broadcasting Policy, ethnic radio stations must devote at least 60% of each broadcast week to ethnic programs. Further, pursuant to subsection 7(2) of the Regulations, as confirmed in the Ethnic Broadcasting Policy, except as otherwise provided under a condition of its licence, the licensee of an ethnic station must ensure that at least 50% of all programs broadcast by the station are third-language programs.
As noted above, Lawen proposed to devote at least 60% of the programming broadcast in each broadcast week to ethnic programming and 50% to third-language programming. Accordingly, the Commission finds that the applicant’s proposal is consistent with the requirements set out in subsections 7(1) and 7(2) of the Regulations.

Local programming

The Commission expects ethnic broadcasters to indicate in their applications for new broadcasting licences or to renew licences how they will reflect local issues and concerns during the terms of their licence. In the application denied in Broadcasting Decision 2021-339, the applicant had proposed to broadcast one hour of local programming each broadcast week, which the Commission found to be insufficient to meet its regulatory requirements or to adequately serve the local community of La Crete. In regard to the present application, the Commission considers that the applicant has provided an improved offer of local programming for the area to be served by the proposed station, and that for a radio market the size of La Crete, the amount of local programming to be offered is sufficient. In addition, the proposed programming that directly targets the local Low German (Plautdietsch)-speaking Mennonite community, which makes up the majority of the proposed station’s market, would be sufficient to adequately serve and reflect this community.
Further, the Commission consider that, as required under the Act, the applicant has made the greatest practicable use of Canadian resources, given the nature of the service proposed and the limited availability of programming in Low German (Plautdietsch). In the Commission’s view, through the proposed station and its offer of daily programming focused on the activities of the local community, listeners in the La Crete area would have access to varied, balanced and comprehensive Canadian programming. The proposed ethnic radio station, as the first and only originating station in the La Crete radio market, would be an important source of local programming for that market and would provide it with better local reflection.

Commission’s decision

In light of all of the above, the Commission finds that approval of Lawen’s application would be consistent with the Commission’s regulatory requirements relating to the broadcast of ethnic programming, as set out in the Regulations and in the Ethnic Broadcasting Policy.

Diversity in the market

In Broadcasting Decision 2021-339, in regard to the station that was proposed in the denied application, the Commission considered that decision-making by board members in all areas of the station’s operations could limit the diversity of voices or points of view for listeners. Consequently, it found that the applicant did not demonstrate that the station would meet the Commission’s policy objectives regarding the offer of local programming.
In regard to the present application, Lawen stated its intention to involve volunteers in the proposed station to better represent and reflect the community of La Crete, and to form a Local Community Broadcast Advisory Committee, members of which would be residents, community groups, local business, religious leaders and politicians. Most of the tasks relating to the operation of the station would be performed by the members of the board of directors. Furthermore, although the Local Community Broadcast Advisory Committee would provide the board of directors with advice, assistance and guidance on the development of local programming that reflects the concerns, needs and interests of the community, the power to take decisions would stay within the board of directors.
In addition, the applicant proposed to appoint a Chief Executive Officer (CEO), who would act and report to the board of directors and coordinate the community volunteers. This position would be filled by the current chairman of the board of directors of the applicant.
Furthermore, the programming proposed for the station would come from local, national and international sources, providing a reasonable opportunity for the community to be exposed to the expression of differing views on matters of public concern.
In the Commission’s view, the revised decision-making structure as provided in the present application would enhance the diversity of voices for listeners in La Crete. Further, the Commission is satisfied with the applicant’s intention to broadcast differing opinions on topics of interest for the Mennonite community and to expose them to the expression of differing views on matters of public concern.
In light of the above, the Commission considers that the applicant has addressed the Commission’s concerns set out in Broadcasting Decision 2021-339 by increasing the levels of local programming offered to the community and by modifying its decision-making structure, and that approval of the application would increase diversity in the market.
Nevertheless, the Commission finds that it would be appropriate for the composition of the licensee’s Local Community Broadcast Advisory Committee to be diverse, and for the applicant to provide details on the composition of its Local Community Broadcast Advisory Committee by no later than 180 days following the launch of the station. The Commission also finds that it would be appropriate for the applicant to provide yearly updates on the composition of its Local Community Broadcast Advisory Committee.
Accordingly, an expectation in regard to the above is set out in the appendix to this decision. The licensee may submit such documentation via the Commission’s website, and the Commission notes that the annual updates can be submitted at the time of submission of annual returns (i.e., by no later than 30 November following the end of each broadcast year).

Conclusion

In light of all of the above, the Commission approves the application by Lawen Met Hopninj Radio Society for a broadcasting licence to operate a low-power, ethnic commercial specialty FM radio programming undertaking to serve La Crete, Alberta. The terms and conditions of licence are set out in the appendix to this decision.

Canadian content development

The applicant must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Regulations, as amended from time to time. According to the applicant’s financial projections, the proposed station would generate annual revenues below the $1.25 million threshold set out in the Regulations throughout its licence term, and therefore may not be required to make any basic CCD contributions so long as annual revenues remain below $1.25 million.

Reminders

The licensee must comply at all times with the Regulations.
As set out in section 16 of the Regulations, licensees have obligations relating to the broadcast of emergency alert messages received from the National Alert Aggregation and Dissemination System. In regard to the new FM station’s authorized contours resulting from the implementation of the technical parameters approved in this decision, the Commission reminds the applicant that continued compliance with section 16 of the Regulations may require that any alert broadcast decoders (e.g., ENDEC) used for the purposes of broadcasting emergency alert messages on the FM station, or on any rebroadcasting transmitters that may appear on the broadcasting licence for this station, be programmed to properly account for the theoretical 0.5 mV/m contour of the new FM band.

Secretary General

Appendix to Broadcasting Decision CRTC 2023-11

Terms, conditions of licence, expectations and encouragement for the low-power, ethnic commercial specialty FM radio programming undertaking in La Crete, Alberta

Terms

The licence will expire 31 August 2029.

The station will operate at 99.9 MHz (channel 260LP) with an average effective radiated power (ERP) of 47.2 watts (effective antenna height above average terrain [EHAAT] of 23.8 metres).

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.

Furthermore, 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 in operation by no later than 17 January 2025. To request an extension, the applicant must submit a written request to the Commission at least 60 days before that date, using the form available on the Commission’s website.

The Department of Industry’s BPR-3: Application Procedures and Rules for FM Broadcasting Undertakings specifies that a low-power FM radio station is considered a secondary assignment operating on an unprotected channel. Should an FM station or transmitter with protected status be granted a frequency that is incompatible with that used by the low-power station considered in this decision, the applicant may need to cease the operation of that low-power station or file an application to change its frequency and/or technical parameters.

Conditions of licence

The licensee shall adhere to the conditions set out in Revised conditions of licence for commercial AM and FM radio stations, Broadcasting Regulatory Policy CRTC 2022-334, 7 December 2022, with the exception of condition of licence 7, as well as to the conditions set out in the broadcasting licence for the undertaking.
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,Public Notice CRTC 2000-14, 28 January 2000.
The licensee shall devote a minimum of 60% of the programming broadcast during each broadcast week to ethnic programs, as defined in the Radio Regulations, 1986.
The licensee shall devote a minimum of 50% of the programming broadcast during each broadcast week to third-language programs, as defined in the Radio Regulations, 1986.
In each broadcast week, the licensee shall provide programming directed to at least one cultural group in at least two languages.
The licensee shall devote more than 50% of the programming broadcast during the broadcast week to programming drawn from content category 1 (Spoken Word).
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.

For the purposes of these conditions of licence, the terms “broadcast week,” “Canadian selection,” “content category” and “musical selection” shall have the same meanings as those set out in the Radio Regulations, 1986.

Expectations

Composition of the Local Community Broadcast Advisory Committee

The Commission expects the composition of the licensee’s Local Community Broadcast Advisory Committee to be diverse. Furthermore, the licensee is expected to provide the composition of its Local Community Broadcast Advisory Committee by no later than 180 days following the station’s launch, as well as to submit an annual update on the composition of the Committee, including the following information: the full name of each member, their address, whether they are part of any equity-deserving communities, and their occupation. The licensee may submit such documentation via the Commission’s website, and the annual updates can be submitted at the time of submission of annual returns.

Cultural diversity

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.

Date modified:: 2023-01-17

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