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Providing Content in Canada's Official Languages
Please note that the Official Languages Act requires that government publications be available in both official languages.
In order to meet some of the requirements under this Act, the Commission's transcripts will therefore be bilingual as to their covers, the listing of CRTC members and staff attending the hearings, and the table of contents.
However, the aforementioned publication is the recorded verbatim transcript and, as such, is transcribed in either of the official languages, depending on the language spoken by the participant at the hearing.
TRANSCRIPT OF PROCEEDINGS BEFORE
THE CANADIAN RADIO‑TELEVISION AND
TELECOMMUNICATIONS COMMISSION
TRANSCRIPTION DES AUDIENCES DEVANT
LE CONSEIL DE LA RADIODIFFUSION
ET DES TÉLÉCOMMUNICATIONS CANADIENNES
SUBJECT / SUJET:
Various broadcasting applications further to calls for
applications for licences to carry on radio programming
undertakings to serve Chilliwack and Vancouver, British Columbia /
Plusieurs demandes en radiodiffusion suite aux appels de demandes
de licence de radiodiffusion visant l'exploitation d'une
entreprise de programmation de radio pour desservir Chilliwack et
Vancouver (Colombie-Britannique)
HELD AT: TENUE À:
The Empire Landmark The Empire Landmark
1400 Robson Street 1400, rue Robson
Vancouver, B.C. Vancouver (C.-B.)
February 29, 2008 Le 29 février 2008
Transcripts
In order to meet the requirements of the Official Languages
Act, transcripts of proceedings before the Commission will be
bilingual as to their covers, the listing of the CRTC members
and staff attending the public hearings, and the Table of
Contents.
However, the aforementioned publication is the recorded
verbatim transcript and, as such, is taped and transcribed in
either of the official languages, depending on the language
spoken by the participant at the public hearing.
Transcription
Afin de rencontrer les exigences de la Loi sur les langues
officielles, les procès‑verbaux pour le Conseil seront
bilingues en ce qui a trait à la page couverture, la liste des
membres et du personnel du CRTC participant à l'audience
publique ainsi que la table des matières.
Toutefois, la publication susmentionnée est un compte rendu
textuel des délibérations et, en tant que tel, est enregistrée
et transcrite dans l'une ou l'autre des deux langues
officielles, compte tenu de la langue utilisée par le
participant à l'audience publique.
Canadian Radio‑television and
Telecommunications Commission
Conseil de la radiodiffusion et des
télécommunications canadiennes
Transcript / Transcription
Various broadcasting applications further to calls for
applications for licences to carry on radio programming
undertakings to serve Chilliwack and Vancouver, British Columbia /
Plusieurs demandes en radiodiffusion suite aux appels de demandes
de licence de radiodiffusion visant l'exploitation d'une
entreprise de programmation de radio pour desservir Chilliwack et
Vancouver (Colombie-Britannique)
BEFORE / DEVANT:
Helen del Val Chairperson / Présidente
Rita Cugini Commissioner / Conseillère
Elizabeth Duncan Commissioner / Conseillère
Peter Menzies Commissioner / Conseiller
Ronald Williams Commissioner / Conseiller
ALSO PRESENT / AUSSI PRÉSENTS:
Jade Roy Secretary / Secretaire
Joe Aguiar Hearing Manager /
Gérant de l'audience
Carolyn Pinsky Legal Counsel /
Conseillère juridique
HELD AT: TENUE À:
The Empire Landmark The Empire Landmark
1400 Robson Street 1400, rue Robson
Vancouver, B.C. Vancouver (C.-B.)
February 29, 2008 Le 29 février 2008
- iv -
TABLE DES MATIÈRES / TABLE OF CONTENTS
PAGE / PARA
PHASE III (Cont.)
INTERVENTION BY / INTERVENTION PAR:
Variety - The Children's Charity 1357 / 7884
Wyckham Porteus 1359 / 7899
Christopher Gaze 1370 / 7978
City of Nanaimo 1372 / 7993
George Hanson 1375 / 8003
CVI Centre for the Arts 1381 / 8032
Gung Haggis Productions 1386 / 8064
MuddCats 1416 / 8271
Pacific Audio Visual Institute 1425 / 8325
Arthur Hughes 1444 / 8449
Gabriola Radio Society 1452 / 8501
Music B.C. Industry Association 1462 / 8568
NCRA 1472 / 8627
PHASE IV
REPLY BY / RÉPLIQUE PAR:
Matthew Gordon McBride (OBCI) 1486 / 8701
Frank Torres 1488 / 8721
Canadian Broadcasting Corporation 1499 / 8793
- iv -
TABLE DES MATIÈRES / TABLE OF CONTENTS
PAGE / PARA
PHASE IV (Cont.)
REPLY BY / RÉPLIQUE PAR:
902890 Alberta Ltd. 1521 / 8950
Jim Pattison Broadcast Group 1525 / 8978
Narenderjit Pataria (OBCI) 1528 / 8999
The Coast 104.1 FM 1530 / 9021
Evanov Communications Inc. (OBCI) 1534 / 9045
In House Communications Inc. 1535 / 9052
Rock 95 Broadcasting Ltd. 1537 / 9071
6851916 Canada Inc. 1539 / 9082
Astral Media Radio Inc. 1541 / 9097
Harvard Broadcasting Inc. 1546 / 9123
Vista Radio Ltd. 1554 / 9166
Newcap Inc. 1562 / 9214
Touch Canada Broadcasting Inc. 1567 / 9241
0785330 B.C. Ltd. 1568 / 9248
Vancouver, B.C. / Vancouver (C.‑B.)
‑‑‑ Upon resuming on Friday, February 29, 2008
at 0830 / L'audience reprend le Vendredi
29 février 2008 à 0830
LISTNUM 1 \l 1 \s 78837883 THE SECRETARY: We will start with Variety ‑‑ the Children's Charity. Please introduce yourself and you have 10 minutes.
INTERVENTION
LISTNUM 1 \l 17884 MR. STEWART: Good morning. My name is Bob Stewart. I am President of Variety ‑‑ The Children's Charity of British Columbia.
LISTNUM 1 \l 17885 I am also a former Chief of Police of the city of Vancouver during the period 1981 to 1991. I have a long history. I was born and raised in the city, and I am quite knowledgeable of how it has developed over time and moved from small village to metropolitan city.
LISTNUM 1 \l 17886 Of course, being an active community person, I am very attuned to current affairs in this city. I am pleased to appear this morning on behalf of the Jim Pattison Broadcast Group to support their application.
LISTNUM 1 \l 17887 I have watched the development of the radio networks, having been a frequent visitor to radio and open line shows during my 10 years as a Chief of Police and I became quite aware of the various personalities and people from management in the stations.
LISTNUM 1 \l 17888 More of late, in my capacity as President of a major non‑profit in this part of the world, I am quite knowledgeable of who is active in terms of community service.
LISTNUM 1 \l 17889 Mr. Pattison, who leads the group, I have known for many years. I would not call myself a personal friend of Mr. Pattison's, although if we met on the street ‑‑ and you can meet Mr. Pattison on the street quite regularly ‑‑ he will stop and we will exchange the time of day and move on.
LISTNUM 1 \l 17890 I am quite familiar with his style of management because he has a very diversified portfolio.
LISTNUM 1 \l 17891 I am also Chair of the Board of Governors of a provincial Authority that regulates the motor vehicle industry, and of course Mr. Pattison also has a very active portfolio there. So I am familiar with his business practice.
LISTNUM 1 \l 17892 In terms of his contribution to the community, I think it goes without saying that he is very community minded. He has been a great supporter. He has a record of philanthropy I would say second to none in this part of the world.
LISTNUM 1 \l 17893 He is not one who hesitates to reach out to the community, and in that capacity I have been successful in my fundraising role of producing in this province a major telethon, probably the biggest telethon in this country, the Variety Show of Hearts, which just two weeks ago raised over $8 million in this small province.
LISTNUM 1 \l 17894 We also run a number of radiothons with a variety of radio station companies.
LISTNUM 1 \l 17895 I must say that Mr. Pattison and the Pattison Group are one of the leading sources of funding for us in the remote communities of the province where the smaller radio stations are located.
LISTNUM 1 \l 17896 I understand that the application is to include another FM station in our market, and I have no hesitation in supporting this organization, the Jim Pattison Broadcasting Group, in their application. I think they would make a great contribution to this community.
LISTNUM 1 \l 17897 THE SECRETARY: Thank you.
LISTNUM 1 \l 17898 We will now hear the presentation of Wyckham Porteous.
INTERVENTION
LISTNUM 1 \l 17899 MR. PORTEOUS: I would like to thank you for allowing me to come this morning to speak on behalf of the Jim Pattison Broadcast Group and their application for an FM licence.
LISTNUM 1 \l 17900 My name is Wyckham Porteous, I have been a singer/songwriter/performer/playwright/artist in Vancouver for the past 20‑odd years. I have lived in the community for that length of time. I have been active in a variety of endeavours to raise money for various charities, as well as starting a foundation that helps recognize the plight of the women on the downtown east side.
LISTNUM 1 \l 17901 I have been very, very familiar with the Jim Pattison Group, having lived for a long period of time in Vancouver and, like Bob said, his record in terms of philanthropy, community activism in terms of his work within the community speaks for itself.
LISTNUM 1 \l 17902 My particular interest in this application is as an artist and someone who has been recording music and releasing records since 1989. I have found it particularly frustrating to be in an environment where it becomes increasingly difficult to have your music heard by the general public and if you don't have an audience it becomes increasingly difficult to make a living as a performer, particularly in this country.
LISTNUM 1 \l 17903 The AAA format which they are proposing has been in existence in the United States for a little over a decade in a large‑scale way. It has allowed performers that don't necessarily operate in the under‑16 category of music to flourish and have very strong careers, both in terms of record sales and in terms of just radio play and impact in their concerts.
LISTNUM 1 \l 17904 Without that kind of exposure, even in the world of Internet, even in the world of streaming radio, even in the world of satellite radio, it is very, very important for artists to be able to feel that their music is put out there; that they have an opportunity to reach out and have an audience reach back towards them.
LISTNUM 1 \l 17905 The AAA format in the United States currently is responsible, I would say, for the flourishing of Arcade Fire, The New Pornographers, Feist, when she first started out, Sarah McLachlan. All of these are Canadian artists. All of these I feel, if there was not the AAA format in the United States, would not have a career now.
LISTNUM 1 \l 17906 There has been absolutely no support for artists that do not fall into a certain ‑‑ and I use the term "mainstream", but mainstream is relative because whatever is popular becomes mainstream. But in this case mainstream being urban, dance music, hip‑hop.
LISTNUM 1 \l 17907 If you don't have that kind of music in your repertoire, it becomes very, very difficult to have a career because radio formats have become so tight as compared with the late 60s and early 70s when radio was much more free‑form and the broadcaster in whatever hour they were broadcasting had a lot more leeway as to what kind of music they played. And that is not the case these days.
LISTNUM 1 \l 17908 So it is very important to, I think, create a strong artistic community within this country to allow a format that is perhaps a little more broad in its demographic, a little more mature in its listening and enables artists that truly excel in this country all the way back to Neil Young, to Leonard Cohen, to Joni Mitchell, this is the kind of music that this country has produced on an extraordinary basis.
LISTNUM 1 \l 17909 So that is probably the main reason why I am supporting this application.
LISTNUM 1 \l 17910 The Pattison Broadcast Group is another reason why I'm supporting this application, because I believe that the record of Jim Pattison and his group of companies has been one of commitment and a certain strength over the years in establishing ties to the community, staying with the format, staying with the business and really reaching out in a way that is quite unusual to a broader base than just what perhaps would be his own personal interest.
LISTNUM 1 \l 17911 I have met Jimmy on two occasions. I spent 45 minutes singing while he played the piano on his yacht. I did quite a good version of Bye‑Bye Blackbird and he plays it very well.
LISTNUM 1 \l 17912 I also know Glen Clark very well, who works for Jim in a very high capacity. Although, as many people have speculated between their relationship that they don't exactly seem like people that would fit in with each other's business and political points of view, it has been a very, very successful relationship. And Jim Pattison has proven to me, partly through that, that his idea of business is one that transcends what we would normally think of as political or ethical or certain points of view lines. He is very, very ‑‑ a very, very committed person and quite extraordinary.
LISTNUM 1 \l 17913 The Music B.C. Fund, the monies that they propose to help artists in B.C. is also something that I think is very, very, very needed in a community which is very expensive to live in, in a community that is in some ways forcing their artists out through the price of real estate, through the price of just walking down the street in the city.
LISTNUM 1 \l 17914 So it is very important that there is also a financial component that actually helps artists in this market area to not just live, but to flourish and be able to push their music to a much larger audience, allowing them to make a living.
LISTNUM 1 \l 17915 That is my intervention or intervening for now. Thank you.
LISTNUM 1 \l 17916 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 17917 Commissioner Menzies will lead the questions. Thank you.
LISTNUM 1 \l 17918 COMMISSIONER MENZIES: Thank you. Good morning.
LISTNUM 1 \l 17919 Mr. Stewart, I would just like to know your views on how in particular or specifically would approval of this application assist the charity that you represent?
LISTNUM 1 \l 17920 MR. STEWART: Well, I think I would be less than being straightforward if I didn't tell you that if Mr. Pattison had more stations, I would be certainly pursuing more radiothons to raise money for needy children. And based on his track record, I would feel very comfortable.
LISTNUM 1 \l 17921 COMMISSIONER MENZIES: Thank you.
LISTNUM 1 \l 17922 Mr. Porteous, I am curious to know the situation you described regarding formats becoming tighter or more strictly defined and having less leeway as opposed to what you described as a previous era when there was more free‑form in terms of decision‑making.
LISTNUM 1 \l 17923 Can you help me understand a little bit more about how that evolved?
LISTNUM 1 \l 17924 MR. PORTEOUS: Well, Vancouver in particular had a radio station ‑‑ and I believe it is still CFUN, which is 1410. I don't know if it is called CFUN any more.
LISTNUM 1 \l 17925 That radio station, and also CKLG‑FM, which is very famous now, where a group of broadcasters started to broadcast the music of bands from San Francisco, from New York, some European bands and were able to sort of instill their personalities through the music they played and also through kind of how they presented that music.
LISTNUM 1 \l 17926 Over the years, as radio stations became, I guess, much more of a lucrative business opportunity, you started to have programmers that would come in and recommend the songs that they felt should be played. So as that became the norm, which it actually is the norm, that a consultant would be hired and say for 25 stations these are the 40 songs you should be playing in the next two weeks and that's all you should be playing.
LISTNUM 1 \l 17927 So it becomes very, very difficult for a new artist to break in, because although one would never want to use the word payola, that is precisely what it is.
LISTNUM 1 \l 17928 So to have a radio station that is committed to a format that is less explored to me means that there is going to be more opportunity.
LISTNUM 1 \l 17929 COMMISSIONER MENZIES: Just in general with the AAA format, what would prevent the same type of thing from happening in terms of that where you ‑‑
LISTNUM 1 \l 17930 MR. PORTEOUS: Nothing.
LISTNUM 1 \l 17931 COMMISSIONER MENZIES: Nothing?
LISTNUM 1 \l 17932 MR. PORTEOUS: No. I mean, once a format becomes popular and once that format starts earning money for its advertisers and the station owners, there is nothing that would stop the proliferation of consultants and programmers and all of that kind of thing. So one can only hope.
LISTNUM 1 \l 17933 I believe if you are in the beginning of a process in a format, I think there is such a thing as integrity and I actually believe that the Pattison Group has that kind of integrity.
LISTNUM 1 \l 17934 Now, whether it stays that way and whether formats become the norm, there is really not much you can do about that. It all becomes about business, to a large degree.
LISTNUM 1 \l 17935 COMMISSIONER MENZIES: What I'm hearing from that is that AAA is kind of a breakout from what has been happening.
LISTNUM 1 \l 17936 MR. PORTEOUS: Yes.
LISTNUM 1 \l 17937 COMMISSIONER MENZIES: But it would still be at risk in ‑‑ it would still be susceptible to the sort of strict formatting dependent on corporate culture.
LISTNUM 1 \l 17938 MR. PORTEOUS: Yes. But I don't think that is different for any format.
LISTNUM 1 \l 17939 COMMISSIONER MENZIES: Yes, right.
LISTNUM 1 \l 17940 Thank you. That's all my questions.
LISTNUM 1 \l 17941 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 17942 Thank you very much for taking the time.
LISTNUM 1 \l 17943 Oh, I'm sorry. I apologize.
LISTNUM 1 \l 17944 Commissioner Cugini...?
LISTNUM 1 \l 17945 COMMISSIONER CUGINI: Mr. Porteous, just a couple of questions for you.
LISTNUM 1 \l 17946 MR. PORTEOUS: Yes.
LISTNUM 1 \l 17947 COMMISSIONER CUGINI: I am on a website right now that is wyckhamporteous.org ‑‑
LISTNUM 1 \l 17948 MR. PORTEOUS: Yes.
LISTNUM 1 \l 17949 COMMISSIONER MENZIES: ‑‑ and I can see here the headline is "At Long Last... The UK Wait Is Over!" and that "Please Please Me" was released in the U.K. in July.
LISTNUM 1 \l 17950 MR. PORTEOUS: Yes.
LISTNUM 1 \l 17951 COMMISSIONER CUGINI: How much airplay do you get in Canada?
LISTNUM 1 \l 17952 MR. PORTEOUS: Right now?
LISTNUM 1 \l 17953 COMMISSIONER CUGINI: Yes.
LISTNUM 1 \l 17954 MR. PORTEOUS: I would say probably zero to three.
LISTNUM 1 \l 17955 COMMISSIONER CUGINI: How would you describe your music style?
LISTNUM 1 \l 17956 MR. PORTEOUS: I would describe it as actually music that is in a AAA kind of format; it's adult alternative.
LISTNUM 1 \l 17957 COMMISSIONER CUGINI: And no radio stations right now are playing "Please Please Me"?
LISTNUM 1 \l 17958 MR. PORTEOUS: To be fair, my new album is just being released March 18th, so ‑‑
LISTNUM 1 \l 17959 COMMISSIONER CUGINI: That is "Please Please Me"?
LISTNUM 1 \l 17960 MR. PORTEOUS: "Please Please Me" and some other songs. So when I say nobody is playing it right now, that is not completely fair because it is just being released now. So hopefully other people will.
LISTNUM 1 \l 17961 COMMISSIONER CUGINI: So would you be considered an emerging artist in Canada?
LISTNUM 1 \l 17962 MR. PORTEOUS: If I am, I think there is something wrong with the category.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 17963 MR. PORTEOUS: Or maybe it's a compliment to how I look, I don't know.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 17964 COMMISSIONER CUGINI: I see you are playing Hughes Room on Tuesday night.
LISTNUM 1 \l 17965 MR. PORTEOUS: Yes.
LISTNUM 1 \l 17966 COMMISSIONER CUGINI: That should be fun.
LISTNUM 1 \l 17967 MR. PORTEOUS: Yes, it will be.
LISTNUM 1 \l 17968 COMMISSIONER CUGINI: Yes, too bad I'm here. Thank you very much.
LISTNUM 1 \l 17969 THE CHAIRPERSON: Thank you for taking the time to participate in the proceedings.
LISTNUM 1 \l 17970 MR. PORTEOUS: Thank you.
LISTNUM 1 \l 17971 THE SECRETARY: Now I would call Boyd Thomson, Christopher Gaze, Vancouver Multicultural Society, Carla Graebner, Nanaimo Magazine, CVI Centre for the Arts ‑‑ Nanaimo, Merv Unger and Gung Haggis Productions to come to the presentation table.
‑‑‑ Pause
LISTNUM 1 \l 17972 THE SECRETARY: We will start with the presentation of Boyd Thomson.
LISTNUM 1 \l 17973 We will then start with Christopher Gaze.
LISTNUM 1 \l 17974 MR. GAZE: Hello.
LISTNUM 1 \l 17975 THE SECRETARY: Are you Mr. Christopher Gaze?
LISTNUM 1 \l 17976 MR. GAZE: Hello, my name is Christopher Gaze, yes.
LISTNUM 1 \l 17977 THE SECRETARY: Perfect. You have 10 minutes.
INTERVENTION
LISTNUM 1 \l 17978 MR. GAZE: Thank you. I shall not need that.
LISTNUM 1 \l 17979 My name is Christopher Gaze. I am the Artistic Director of a Shakespeare Festival here in Vancouver called Bard on the Beach Shakespeare Festival.
LISTNUM 1 \l 17980 I wish to speak to the fact that our audience ‑‑ it is not purely just about Bard, as an ordinary citizen as well, but as far as the Shakespeare Festival is concerned there is a massive interest in what we do here in Vancouver. 87,000 people came to Bard last year. That was for different productions and that was every single ticket from beginning to end. So it is quite a phenomenon, frankly, in the arts.
LISTNUM 1 \l 17981 Our audience, as you would probably recognize, is the kind of audience that listens to CBC; not wholly, but certainly that would be the main part of it. It is very disturbing when you drive around the city or indeed at home ‑‑ and I have had this where we live for some years in Kitsilano ‑‑ in one portion of our home we cannot get CBC ‑‑ it is very odd ‑‑ on 690.
LISTNUM 1 \l 17982 So it is alarming when I think that there are a lot of people out there that may not be getting the message or the message is constantly an irritant to them when it fades in and out. CBC of course talks to its audience about many, many things and we are part of that, the Shakespeare Festival. So it is alarming that that message is not going out loud and clear.
LISTNUM 1 \l 17983 I understand that Vancouver and perhaps one other place in Canada is the only place that is still on the AM band and I don't understand that. We should be serviced the very best, as the rest of Canada is, with a clear CBC signal getting through to everyone.
LISTNUM 1 \l 17984 The CBC, one can argue and has been argued for so many years, is perhaps the glue that holds Canada together, that makes us unified and understand who we are from coast to coast. It is just too important for Canada that that signal should be interrupted in any way.
LISTNUM 1 \l 17985 So obviously I'm grateful that you have given me a few minutes to speak to you. I am passionate about this and you know very clearly what my message is.
LISTNUM 1 \l 17986 Thank you very much.
LISTNUM 1 \l 17987 THE SECRETARY: Thank you.
LISTNUM 1 \l 17988 We will now hear the presentation of Vancouver Multicultural Society.
LISTNUM 1 \l 17989 MR. UNGER: Actually, if I may, on behalf of my colleagues and I, we have a presentation and one will follow the other.
LISTNUM 1 \l 17990 My name is Merv Unger. I am a City councillor and Acting Mayor for the city of Nanaimo on Central Vancouver Island.
LISTNUM 1 \l 17991 If that is okay, I would like to proceed.
LISTNUM 1 \l 17992 THE SECRETARY: Yes, you may go ahead. You have 10 minutes.
INTERVENTION
LISTNUM 1 \l 17993 MR. UNGER: Thank you.
LISTNUM 1 \l 17994 I asked to make this presentation today because I strongly believe that a CBC FM station on Central Vancouver Island would be of benefit to all of our residents, businesses and local governments. The regional District of Nanaimo is the fastest‑growing regional District in British Columbia and the city of Nanaimo is the second fastest growing city in British Columbia.
LISTNUM 1 \l 17995 The trade area for Nanaimo on Central Vancouver Island, including the west coast of the island, is 348,000 people. The presence of an FM CBC station serving this population with a regional radio content goes without saying.
LISTNUM 1 \l 17996 Vancouver Island has changed visibly in the past decade, with an average 7 per cent population growth rate in our region. This growth continues. Our business sectors, artists and organizations, all of which make up our diverse communities, would support an on‑air outlet for information and dialogue.
LISTNUM 1 \l 17997 We have a very vibrant economy, high levels of growth and quality of life. Our city would benefit greatly by having a greater profile in the national dialogue.
LISTNUM 1 \l 17998 Nanaimo offers the largest retail shopping locations on Vancouver Island north of Victoria and, more to the point, our shopping malls are designated emergency shelters in the event of large‑scale community or natural catastrophe. Our city has invested in an emergency call alert system, but the presence of a single radio station to broadcast immediate information to our residents, disaster response teams and provincial emergency personnel would ensure an improved response all around and an associated reduction in loss of life.
LISTNUM 1 \l 17999 In closing, I want to thank you for listening to this very brief presentation and for inviting a response from the residents of Central Vancouver Island and Nanaimo, as well as elected officials from all of the Vancouver Island communities that have responded in writing to the potential of an FM station in Nanaimo.
LISTNUM 1 \l 18000 We look forward to your favourable decision to grant this frequency application by the CBC.
LISTNUM 1 \l 18001 Thank you very much.
LISTNUM 1 \l 18002 I would like to now defer to Mr. George Hanson of the Nanaimo business community. Thank you.
INTERVENTION
LISTNUM 1 \l 18003 MR. HANSON: My name is George Hanson and I live in the city of Nanaimo. I am here at the request of Leslie Lorenz of Nanaimo Magazine and the Chamber of Commerce who was not able to make it here today.
LISTNUM 1 \l 18004 Madam Chair and Commissioners, thank you for this opportunity to intervene.
LISTNUM 1 \l 18005 I am here representing Nanaimo business interests in support of the CBC application. I am Managing Director of the Downtown Nanaimo Partnership with a single mandate to revitalize downtown Nanaimo.
LISTNUM 1 \l 18006 I am a long‑standing member of the Nanaimo Economic Development Group and an ex‑officio board member of the Nanaimo Chamber of Commerce. I am a member of the Advisory Council for the Malaspina Institute for Community Leadership and Innovation, a member of the Destination Nanaimo Marketing Advisory Committee, a member of the Safer Nanaimo Committee, cofounder of YES Nanaimo, which is a group of community stakeholders committed to supporting initiatives that contribute to the general wellbeing, social good and quality of life in Nanaimo. And I am the former President of the Business Improvement Areas of British Columbia.
LISTNUM 1 \l 18007 I am here representing the full range of these Nanaimo business interests.
LISTNUM 1 \l 18008 Business thrives in an environment of growth and to a large degree growth is a product of increased profile, market awareness and continual reinforcement of relevant information streamed to target audiences. Nanaimo is grossly underserved by radio because of limited access to radio programming that is relevant to the Vancouver Island marketplace.
LISTNUM 1 \l 18009 Because the Nanaimo region is not an important market to Vancouver, none of the content of the 30 existing Vancouver radio frequencies speaks to our needs or our issues. Therefore, no profile is given to the island and no market awareness is built to help drive the Nanaimo economy.
LISTNUM 1 \l 18010 Because the CBC signal from Victoria does not carry well to Nanaimo, or to the rest of Vancouver Island and coastal region for that matter, there is no real reason to develop content profiling Nanaimo as part of the CBC Victoria programming.
LISTNUM 1 \l 18011 So even though Nanaimo could get some profile and market awareness on CBC, we don't because the signal doesn't carry. Thus, as strange as this may seem in 2008, we in Nanaimo live in virtual radio isolation. We can't get our message out and we are bombarded by messages from elsewhere with no meaning to us.
LISTNUM 1 \l 18012 We have three local stations, two commercial and one community station, that play their part and that incidentally support the CBC application. Otherwise, being only 34 kilometres from Vancouver, our airwaves are dominated by Vancouver commercial radio broadcasts. We hear all 30 Vancouver frequencies loud and clear, all of it irrelevant and none of it promoting the island economy.
LISTNUM 1 \l 18013 Ironically, the CBC broadcast from Victoria that would be relevant and would help profile our region can't be received by most people in our marketplace.
LISTNUM 1 \l 18014 It may be difficult to understand from a Vancouver‑centric perspective, and I say this as a former resident of Vancouver, but the Vancouver news has nothing to do with us. Our weather is so completely different from Vancouver because of the ocean and topographical influences that weather reports from Vancouver are often quite literally the exact opposite of the weather we are having in Nanaimo.
LISTNUM 1 \l 18015 And the traffic jam on the Second Narrows Bridge, well, it has nothing to do with us.
LISTNUM 1 \l 18016 Nanaimo and the rest of Vancouver Island north of Victoria has been changing and is changing at a phenomenal pace, and we are crying out for improved regional, national and international coverage and awareness.
LISTNUM 1 \l 18017 Downtown Nanaimo, for instance, with 700 businesses, 5,300 employees, 4,300 residents and more than $200 million in commercial property assessments, is the regional focal point for provincial and federal government offices and is the largest business district on Vancouver Island outside of Victoria.
LISTNUM 1 \l 18018 We have more than $400 million worth of construction presently under way in our downtown alone and the Destination Nanaimo Marketing Committee, of which I am a member, is charged with guiding an annual budget of $1 million to attract tourism and commercial business to Nanaimo.
LISTNUM 1 \l 18019 None of our issues, none of our events, none of our progress, none of our stories that might drive market awareness and build appeal, none of our challenges and successes, none of our community development or human interest stories ever make it to the airwaves. But we sure can tell you how far traffic is backed up on the Oak Street Bridge and which nightclub is humming in Surrey.
LISTNUM 1 \l 18020 With respect to the special interests promoted by the various Vancouver applicants, these represent niche markets within an already broadly served marketplace. Adding one more frequency to the pool of broadcasting in Vancouver would be a drop in the bucket, with no appreciable impact to the greater Vancouver general populace or marketplace.
LISTNUM 1 \l 18021 In contrast to this, awarding this one remaining FM frequency to the CBC would have enormous impact on the 348,000 people living on Vancouver Island in Nanaimo North. This is not a niche market; this is an entire regional population that is underserved.
LISTNUM 1 \l 18022 In addition to the 348,000 people that are living in Nanaimo and Vancouver Island North, we also have tens of millions of visitors that are coming to Vancouver Island, touring the Island and who do not have access to an adequate CBC signal while they are on the island.
LISTNUM 1 \l 18023 That is a huge part of our marketplace and a CBC station would serve them dramatically.
LISTNUM 1 \l 18024 In addition to the opportunity for increased regional profile through regular CBC news and other programming, combined with the potential for national and international exposure through the CBC network, we would have a measurable commercial benefit to our local businesses and regional economy. This one frequency, that would be a small addition to the Vancouver marketplace, would be an ocean of opportunity for Nanaimo and for the rest of Vancouver Island.
LISTNUM 1 \l 18025 Nanaimo and the rest of the Island region respectfully asks only that you help us come into the 21st century. We understand that the rest of the country, and other parts of the world even, enjoys the CBC.
LISTNUM 1 \l 18026 We only ask that we too receive the benefits of the national public radio towards which we all contribute.
LISTNUM 1 \l 18027 I am also aware that the CRTC has received a massive amount of written support for the CBC from the Nanaimo area. When you grant your approval for the CBC application, we will thank you for recognizing our clear need for a higher level of service.
LISTNUM 1 \l 18028 The Nanaimo business community supports you in a decision that will favour the CBC.
LISTNUM 1 \l 18029 Thank you very much.
LISTNUM 1 \l 18030 THE SECRETARY: Thank you.
LISTNUM 1 \l 18031 We will now hear from CVI Centre for the Arts.
INTERVENTION
LISTNUM 1 \l 18032 MS TANG: Thank you.
LISTNUM 1 \l 18033 In view of the two former presentations, I will focus primarily on the arts.
LISTNUM 1 \l 18034 Thank you for the opportunity to appear before you here at this public hearing.
LISTNUM 1 \l 18035 My name is Camilla Tang. I am from Nanaimo and I strongly support the CBC application which will bring a much needed service to Nanaimo and other areas underserved by radio.
LISTNUM 1 \l 18036 With my extensive involvement in several arts organizations, I am here to represent our arts community as a whole. I am a former President of the Nanaimo Art Gallery, a Commissioner of the Parks, Recreation and Culture Commission of Nanaimo, as well as a member of the Cultural Committee, and I am presently the founding President of the Centre for the Arts ‑‑ Nanaimo, Chair of the Arts, Culture and Entertainment Committee of the Downtown Nanaimo Partnership, and Chair of the Organizing Committee of Nanaimo 2008 Cultural Capital of Canada Committee.
LISTNUM 1 \l 18037 I also Chair the Nanaimo Spirit Committee of the 2010 Legacies Now.
LISTNUM 1 \l 18038 We have a vibrant, productive and excellent arts and culture sector in Nanaimo and on the Island as a whole. Several national and international artists have come from Nanaimo and the area. Just two of note are Diana Krall and Ingrid Jensen.
LISTNUM 1 \l 18039 And we have one of the highest per capita of artists with a wide variety of disciplines living among us.
LISTNUM 1 \l 18040 This leads to a constant rise of emerging artists, some already receiving international acclaim. Some of the names to watch: We have Shae Apland, baritone; Katy Bowen‑Roberts, singer and producer; Brendan Tang, a structural ceramic artist; and Jillian Vanstone with the National Ballet of Canada.
LISTNUM 1 \l 18041 In 2007 four Nanaimo‑ites received Juno nominations. The Booker Award went to a local writer, and the Canadian ballroom dance champion, Zillion Wong, is from and still lives in Nanaimo.
LISTNUM 1 \l 18042 Our local school jazz bands are among the highest winning bands in the National Music Fest Competition. They have spread the rumour that it is something in the water.
LISTNUM 1 \l 18043 We have a series of professionals festivals, the Nanaimo Art Galleries original works of Island artists, the Vancouver Island Symphony on the Harbour.
LISTNUM 1 \l 18044 We recently had a superb production of symphony and dance, which Zillion Wong was there, performing in Nanaimo and Comox to over 8,000 children and theatre audiences.
LISTNUM 1 \l 18045 We have the Nanaimo Blues Festival, with international, national and local performers, including First Nations; the Vancouver Island Children's Festival and the Children's Book Festival, and on and on I can go.
LISTNUM 1 \l 18046 Our professional theatre group does more than just good theatre. They have commissioned and performed several original works recalling our fascinating history.
LISTNUM 1 \l 18047 We have a series on the Dunsmuir's, "Brother 12", the show best left buried about the Chinese and the burning of Chinatown in Nanaimo; "The Concubines Children", we did the play script and the play based on that very successful book.
LISTNUM 1 \l 18048 And of course our colourful mayor, Frank Ney, are a few examples.
LISTNUM 1 \l 18049 Our Port Theatre is nationally recognized and we shall soon be opening a Class A museum with a dedicated Cosalish First Nations exhibit.
LISTNUM 1 \l 18050 All of this and the work this community will continue to do brought Nanaimo the distinction of being a cultural capital of Canada for 2008, and we shall be enjoying over 36 celebratory and legacy events throughout the year, showcasing a broad diversity of arts and cultures, including those of the Nanaimo First Nation, the Francophone and multicultural communities. That is on top of the many arts, culture and sports events usually occurring during the year.
LISTNUM 1 \l 18051 As a matter of fact, as an indication of the depth of cultural activity on the island, the designation of Cultural Capital of Canada has been won by three Island communities: Victoria in 2005, Comox Valley in 2007 and Nanaimo in 2008.
LISTNUM 1 \l 18052 But all this work and all this energy and all this creativity, which amounts to a cultural economy, is greatly diminished without the greater awareness outside of Nanaimo. Nanaimo and the Vancouver Island region has historically been underserved by radio with the calibre of programming which the CBC delivers. As one of the fastest‑growing regions, that is even more so.
LISTNUM 1 \l 18053 I commend the CBC for recognizing this deficiency and for their efforts to remedy it.
LISTNUM 1 \l 18054 Nanaimo, because of its demographic and lifestyle, is a radio listening community. The CBC is recognized and respected for their support and encouragement of young and emerging artists, and with their presence in this region the CBC will give them a fairer opportunity to succeed.
LISTNUM 1 \l 18055 Yesterday I heard a comment made about arts other than music on the radio, and the comment was, "How do we get ballet on the radio? I do not know."
LISTNUM 1 \l 18056 Well, from the programming I have heard and enjoyed on CBC, this is exactly what CBC does. They get all the arts of disciplines across the airwaves: music, dance, theatre, visual artists, modern, classic, contemporary, new world, old world, everything, through their interviews, their profiling, reports on events, and they play music, too.
LISTNUM 1 \l 18057 As my son reminded me this morning, he said "Mom" ‑‑ he lives here in Vancouver now. He says, "Mom, Nanaimo is still only known for bathtub races and the Nanaimo bars, both the eating kind and the drinking kind."
LISTNUM 1 \l 18058 But there is a lot more that we want the world to know about us.
LISTNUM 1 \l 18059 I believe we not only need the existing programming of CBC but we also need the ability to get our news out to a broader audience, nationally and internationally. We need and deserve better coverage of the calibre and experience of the CBC and the addition of another commercial station will surely not meet our needs.
LISTNUM 1 \l 18060 I understand that this may be the last FM radio frequency available in our region and consequently it is the last opportunity to correct this deficient service. So I urge you most strongly to approve the CBC application for the FM frequency to serve Nanaimo and the area, and we shall thank you deeply.
LISTNUM 1 \l 18061 Thank you.
LISTNUM 1 \l 18062 THE SECRETARY: Thank you.
LISTNUM 1 \l 18063 We will now hear the presentation of Gung Haggis Productions.
INTERVENTION
LISTNUM 1 \l 18064 MR. WONG: Hello. My name is Todd Wong. I am President of Gung Haggis Productions, which is a small, little company that puts together Robbie Burns Chinese New Year Dinner.
LISTNUM 1 \l 18065 Yes, you can laugh about that, but again what I emphasize is that B.C.'s pioneering cultures were not English and French, our two official languages of Canada, but in B.C. our pioneers have been Scottish and Chinese. They built this province.
LISTNUM 1 \l 18066 Getting that story out is important. Guess what, some of its roots are right here in Nanaimo, because of the Dunsmuirs.
LISTNUM 1 \l 18067 Robert Dunsmuir, one of our Premiers of British Columbia, was a coal baron. At one point he was the fourth richest man in North America.
LISTNUM 1 \l 18068 Who did he employ in his mines? Chinese labourers. And they didn't like each other sometimes, but now they do. They have inter‑married.
LISTNUM 1 \l 18069 This is one of the stories that CBC carries. This is what we share. When we talk about culture diversity, it is not little ethnic pockets across this land. But did you know that Nunavut, the new territory, actually has 11 different official languages?
LISTNUM 1 \l 18070 I was interviewed on The Current, speaking about should Canada have another third official language. These are some of the stories that bind us across this country as a nation.
LISTNUM 1 \l 18071 One of the things I do in Vancouver here is as a community activist. I am also co‑President of the Asian‑Canadian Writers Workshop. I am President of the historic Joy Kogawa House, Director for the Canadian Club Vancouver.
LISTNUM 1 \l 18072 How do we share our stories with Nanaimo? How do we share the stories of Nanaimo with the rest of Canada?
LISTNUM 1 \l 18073 My great, great grandfather, Reverend Chan Yu Tan, was a Chinese Methodist lay preacher in Nanaimo and he was the subject of a CBC Newsworld documentary that occurred last year, last summer. We went to Nanaimo to interview my grand‑aunt who grew up with her grandfather.
LISTNUM 1 \l 18074 How do we get these stories out? Having a CBC Bureau in Nanaimo would be a great start.
LISTNUM 1 \l 18075 The competition for radio space is very busy. There are a lot of applicants for commercial radio. I don't know if, you know, I would rather listen to another Rolling Stones song again or can I listen to Wayson Choy.
LISTNUM 1 \l 18076 What Camilla was saying, "Things Best Left Buried" was commissioned for our Nanaimo by the playwright Marty Wong who lives in Alberta. But to learn that Nanaimo once had one of the largest thriving Chinatowns in this country and was burned down to the ground, it's terrible.
LISTNUM 1 \l 18077 When she mentioned Denise Chong, she is one of my heroes. Did you know that she also used to work as a writer in Pierre Trudeau's office? But her story, "The Concubine's Children" was set in Nanaimo and they put on this play. And people from Vancouver, we got excited and we went over to see it.
LISTNUM 1 \l 18078 How did we hear about it? Through CBC radio.
LISTNUM 1 \l 18079 There is another time when the Chinese‑Canadian Historical Society here, we started putting on history theatres. We went to Vancouver Museum to put one on. The next place we put one on, Nanaimo.
LISTNUM 1 \l 18080 Why? There is a good strong history there.
LISTNUM 1 \l 18081 Also, Imogene Lim is one of the professors at Malaspina University College. My grand‑aunt came and I had my display about the Reverend Chan Legacy and she is looking at the pictures going, "That's my granddad. That's my mother. How did you get these pictures?"
LISTNUM 1 \l 18082 How did she get there? It was a good question, because one of her friends was listening to CBC radio and they heard our story on "North by Northwest" covering issues from across Canada ‑‑ sorry, from British Columbia, and she said, "Helen, we have to go see the show." That is how she heard about what was happening in Nanaimo. It was very important.
LISTNUM 1 \l 18083 Also, speaking there was Janice Wong. She is my cousin. She was also featured on the documentary "The Chan Legacy". And also there is a CBC documentary called "Journey to Lotus Land".
LISTNUM 1 \l 18084 Janice wrote a book called "CHOW Journeys from China to Canada: Memories of Food and Family". It is because her family also came from Nanaimo, and when she does book readings there, the community comes out and supports it.
LISTNUM 1 \l 18085 How do we share the stories of Nanaimo? This is a really good way to do that.
LISTNUM 1 \l 18086 I am fond of saying that meaningfulness is important to life and for radio listeners in Nanaimo and environs having a CBC Bureau, having CBC access makes a big, important step. There are people across this Canada, my friends, who have said to me, "Look, I'm mad about the CBC. We pay money, we are taxpayers, and we can't get it."
LISTNUM 1 \l 18087 Canada needs a strong national radio programming. The CRTC is important to make sure that happens.
LISTNUM 1 \l 18088 So we have to ask you to make sure that Canada and the CBC are fulfilling their mandate of being responsible to citizens across this country and not to leave Nanaimo, one of the fastest‑growing populations, out of the loop.
LISTNUM 1 \l 18089 Last year a man contacted me. He came from Nanaimo and he said, "I have heard about Gung Haggis Fat Choy. I would like to have a Robbie Burns Chinese New Year Dinner in Nanaimo."
LISTNUM 1 \l 18090 Why? He is Scottish. He came from Scotland. His wife is Chinese. Their children are growing up both Chinese and Scottish and especially Canadian.
LISTNUM 1 \l 18091 We want to create more Canadian events in Nanaimo and to share what goes on back‑and‑forth. I think this is important.
LISTNUM 1 \l 18092 Rick Scott lives on Protection Island. Internationally known. He has created a wonderful CD called "The Five Elements" with Harry Wong, who is like the Raffi of Hong Kong. Imagine. CBC has played that. Rick Scott and Harry Wong came and performed at Gung Haggis Fat Choy when we had Shelagh Rogers, who now lives on Gabriola Island, as co‑host.
LISTNUM 1 \l 18093 This is Canadian culture being made, happening, and we don't get put on AAA radio format. I'm sorry, but CBC gives an opportunity to emerging artists of ballet, of everything, of writing.
LISTNUM 1 \l 18094 Ruth Ozaki ‑‑ I have to show you this. You have read "My Year of Meats"? Well, maybe you don't all live in Vancouver. This was the one book that won Vancouver Choice for the Vancouver Public Library this past year. Ruth Ozaki lives on Cortes Island. We have a thriving writers community up and down the Island.
LISTNUM 1 \l 18095 Writers Festival. Wayson Choy gave a great talk this past summer. Wayson Choy lives in Toronto, but he grew up here in Vancouver and Governor General's Award Nominee, "All That Matters".
LISTNUM 1 \l 18096 We have to make things meaningful.
LISTNUM 1 \l 18097 Also, this past Tuesday was featured on the Global News television TV news. They are doing a week‑long story about what is important in B.C., what makes B.C. world‑class? They said cultural diversity.
LISTNUM 1 \l 18098 They interviewed me because I also run Dragonboat races, about Gung Haggis Fat Choy, our intercultural concept that CBC really gets.
LISTNUM 1 \l 18099 I have to ask you: Did you know that Nanaimo has one of the largest, fastest growing dragonboat races in this country? They are not just being known for bathtub races; they want to be also known about dragonboat races, because it is a way of bringing all the aspects, all the community, all the ethnic groups together.
LISTNUM 1 \l 18100 So to help this flourish, please support this petition, this proposal by the CBC for Gabriola Island, because CBC has enriched my life. Nanaimo stories have enriched my life, my stories about Nanaimo have enriched Nanaimo's life and this is important, I mean, how we can connect the small town, the small city stories from across the country. People relate to that, whether it is going to be in Gander, Newfoundland or Outlook, Saskatchewan. People can relate to these stories.
LISTNUM 1 \l 18101 Whenever I travel across Canada, when I have heard Peter Zosky when I have been driving across Idaho, I can feel proud about that. When I heard Shelagh Rogers, I was in salt Spring Island. It was during the CBC strike. It was so heartbreaking, but it was so familiar to hear Shelagh's voice.
LISTNUM 1 \l 18102 I have to tell you that when the CBC was on strike ‑‑ excuse me, when the CBC was locked out, because there is a big difference there ‑‑ people across this country were upset and we realized in Vancouver how much we lost because we couldn't access the CBC; arts communities, the non‑profit communities who really use the CBC to tell their stories.
LISTNUM 1 \l 18103 This is part of what holds this country together and shares us together. It is part of our nation building.
LISTNUM 1 \l 18104 Thank you.
LISTNUM 1 \l 18105 THE CHAIRPERSON: Thank you, panel, for your truly heartfelt interventions. I can feel your passion is palpable and I appreciate that.
LISTNUM 1 \l 18106 I think we are in a difficult spot. The problem with Vancouver and B.C. is the scarcity of spectrum. If we could, if we had all the frequencies, if the topography of our land were different, you know, everyone could get a licence; everyone could be on radio. But that is just not the reality.
LISTNUM 1 \l 18107 I think you have added to the debate today of we really are talking about the frequency 104.1 and why it should be used to ‑‑ is there a greater gain to use it to serve the sort of 100,000 versus adding to the diversity of music on the mainland where the population is a million?
LISTNUM 1 \l 18108 It is a difficult decision.
LISTNUM 1 \l 18109 Now, Mr. ‑‑ I wrote all your names down if I can find it. Mr. Gaze ‑‑
LISTNUM 1 \l 18110 MR. GAZE: Yes.
LISTNUM 1 \l 18111 THE CHAIRPERSON: The CBC always attracts a lot of debate, and that's great. That's great for the country that people are engaged about our public broadcaster.
LISTNUM 1 \l 18112 We have interventions, yes, in support, but there were also a substantial number of interventions expressing concern and opposing and saying that if CBC is moved to the FM band that they will mow longer receive CBC.
LISTNUM 1 \l 18113 What do you think we should say to those interveners?
LISTNUM 1 \l 18114 MR. GAZE: I'm sorry, I don't think I understand.
LISTNUM 1 \l 18115 Why couldn't they get the other band on FM?
LISTNUM 1 \l 18116 THE CHAIRPERSON: Because of the topography. When CBC switches to the FM band ‑‑ now, this is what they are telling us ‑‑ they will no longer be ‑‑ the FM frequency is a line of sight and because of the topography the AM band is currently more efficient in covering all of the area. And when the AM band is switched off and CBC is reliant on the FM band, then because of their location, they will not receive coverage.
LISTNUM 1 \l 18117 MR. GAZE: Well, that's puzzling to me. I'm not really in a position to respond to that.
LISTNUM 1 \l 18118 I believed that the FM band will be the cure‑all for everybody to get a good, clear signal of CBC. That was my understanding. I'm not an engineer.
LISTNUM 1 \l 18119 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18120 MR. GAZE: But I am told that it will be very much better here in Vancouver. I can't speak for the rest of the province.
LISTNUM 1 \l 18121 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18122 Can I just follow up with one question first, Mr. Wong, and then I will get to you.
LISTNUM 1 \l 18123 I just wanted to confirm that you were talking about difficulty of reception in Kitsilano.
LISTNUM 1 \l 18124 MR. GAZE: Yes.
LISTNUM 1 \l 18125 THE CHAIRPERSON: We are talking about in your case it is Vancouver.
LISTNUM 1 \l 18126 MR. GAZE: Yes.
LISTNUM 1 \l 18127 THE CHAIRPERSON: All right, great.
LISTNUM 1 \l 18128 Sorry, Mr. Wong, you had something to add?
LISTNUM 1 \l 18129 MR. WONG: Well, part of the ‑‑
LISTNUM 1 \l 18130 THE CHAIRPERSON: Your microphone, please.
LISTNUM 1 \l 18131 MR. WONG: Sorry. Microphone, here we go.
LISTNUM 1 \l 18132 Part of the proposal for CBC is also to install a radio transmitter on Gabriola Island. That will help improve the service and it is going to be much better reaching.
LISTNUM 1 \l 18133 So I think that answers the question.
LISTNUM 1 \l 18134 THE CHAIRPERSON: I think yesterday when the applicants came back, there is a lot of debate on what options are open and what options can be pursued, and then there is the question of what pockets will be left unserved if you switch to the FM or if you remain in AM.
LISTNUM 1 \l 18135 It is something that we have to sort through.
LISTNUM 1 \l 18136 Yes, Mr. Unger?
LISTNUM 1 \l 18137 MR. UNGER: Yes, if and when the CBC does move to FM in Vancouver, we would be one of those pockets that would not be served unless we get the frequency available from Gabriola Island, which is within five to seven kilometres from Nanaimo.
LISTNUM 1 \l 18138 THE CHAIRPERSON: By the way, Mr. Unger, I agree with you. I have probably been to Nanaimo more often than I have been to Victoria, and my husband and I and our family often say that it is one of the best‑kept secrets. In terms of the vicinity to the amenities and what B.C. has to offer, it is a very attractive and vibrant community.
LISTNUM 1 \l 18139 MR. UNGER: And the secret is getting out.
LISTNUM 1 \l 18140 THE CHAIRPERSON: Yes, I know.
LISTNUM 1 \l 18141 I think the truth of the matter, too, is every community, large or small, is important to the country and to CBC. Even I think in CBC's own studies they were referring to ‑‑ and I believe it was a cutoff point of about 100,000 in terms of when they were looking at the cities that they want to ‑‑ I'm not putting this right.
LISTNUM 1 \l 18142 In their study of what they called "City of Consequence To Serve Now", Nanaimo is not quite there yet in terms of size.
LISTNUM 1 \l 18143 Why do you ‑‑ do you want to get one more kick at the cat of why you think this scarce frequency that we have should be dedicated to serve a small community rather than be of benefit to a larger community?
LISTNUM 1 \l 18144 MR. UNGER: Nanaimo, according to the latest census, is 80,000 population. However, within the regional District, which is scattered right around the Nanaimo and within very few miles, is close to 150,000 people.
LISTNUM 1 \l 18145 If we take the rest of Vancouver Island North of the Malahat into consideration, we are talking about a population of 348,000.
LISTNUM 1 \l 18146 So the figure for Nanaimo itself for the city limits would be under that, but when you take the Nanaimo region, which would be covered very well by a new signal, that would be well over the 150,000 mark and closer to the 350,000 mark.
LISTNUM 1 \l 18147 THE CHAIRPERSON: I think it was Mr. Hanson who mentioned the stations currently serving Nanaimo, and you said that the community station and then I believe Pattison has The Q! and then Rogers has THE OCEAN.
LISTNUM 1 \l 18148 Do those stations offer programming that are local to Nanaimo?
LISTNUM 1 \l 18149 MR. HANSON: Yes. I think the two commercial stations, for instance, certainly have local news and weather and sports and things like that. But, as we all know, public radio like CBC carries a whole range of informational programming that never makes it on commercial airwaves.
LISTNUM 1 \l 18150 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 18151 MR. HANSON: Our CHLY, the Malaspina community station, certainly carries local programming as well. But a local community station obviously doesn't provide the profile to the community beyond the community, and for the full range and scope of what is going on in the community that is what the CBC station would carry.
LISTNUM 1 \l 18152 THE CHAIRPERSON: I don't know whether you had a chance to be here when CBC was presenting.
LISTNUM 1 \l 18153 MR. HANSON: No, I wasn't.
LISTNUM 1 \l 18154 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18155 Now, when we compared the program schedule of Vancouver and Victoria ‑‑ as you know, what CBC is proposing to do is to really replace the Vancouver programming that you will be getting with the Victoria programming by the 104.1 frequency.
LISTNUM 1 \l 18156 The programming from the Victoria station will still be regional, and we are talking about I believe it was about 28.5 hours of programming per week that would be different from the programming you currently receive from Vancouver. The main differences will be during the morning drive and the afternoon drive.
LISTNUM 1 \l 18157 MR. HANSON: Yes.
LISTNUM 1 \l 18158 THE CHAIRPERSON: So we are really replacing one regional program with another regional program.
LISTNUM 1 \l 18159 MR. HANSON: Yes.
LISTNUM 1 \l 18160 THE CHAIRPERSON: Do you have a comment on that?
LISTNUM 1 \l 18161 You are replacing ‑‑ about 90 to 100 hours programming per week would still be the same as what we get in Vancouver.
LISTNUM 1 \l 18162 MR. HANSON: I think the significant difference there is that people that live on Vancouver Island relate as Islanders.
LISTNUM 1 \l 18163 THE CHAIRPERSON: Yes.
LISTNUM 1 \l 18164 MR. HANSON: So regional programming out of Victoria has significantly more relevance to the rest of the Island listeners than any programming out of Vancouver.
LISTNUM 1 \l 18165 As my colleague Camilla Tang so eloquently said, we also see this as a critical stepping stone towards the future because of where we see the Island going. So the frequency and the tower give CBC Victoria the first step towards providing more programming in the Victoria agenda that has relevance beyond Victoria because there are people beyond Victoria that can actually listen to it.
LISTNUM 1 \l 18166 Second, we are looking forward to them being able to put a Bureau together for Nanaimo eventually so that we would have a Nanaimo Bureau producing Nanaimo programming that could be shared on the airwaves of B.C. and across the country and internationally which gives, again, more profile to this growing dynamic community.
LISTNUM 1 \l 18167 So I think my comment is this isn't about 2008; this is about the next 30, 40, 50 years. And as we are growing on the island and the island economy are we going to continually be strapped to programming that isn't relevant to us, or are we going to open the door for the level of service in the Nanaimo and Vancouver Island region that we really need now and certainly will need even more in the future?
LISTNUM 1 \l 18168 THE CHAIRPERSON: Are you aware of the intervention by the Gabriola Radio Society?
LISTNUM 1 \l 18169 MR. HANSON: I am aware that they are hoping to be able to have a community station linked in somehow, yes.
LISTNUM 1 \l 18170 THE CHAIRPERSON: Do you have a comment about that?
LISTNUM 1 \l 18171 MR. HANSON: Well, we are certainly supportive of community radio. There again, it serves an interesting niche in the community that isn't and probably never will be served by commercial radio.
LISTNUM 1 \l 18172 THE CHAIRPERSON: Okay.
LISTNUM 1 \l 18173 I will ask at this point if my colleagues have any questions.
LISTNUM 1 \l 18174 Commissioner Williams, please.
LISTNUM 1 \l 18175 COMMISSIONER WILLIAMS: Good morning, panellists, and welcome to our hearing.
LISTNUM 1 \l 18176 I have a question particularly for the two gentlemen from Nanaimo, Mr. Unger and Mr. Hanson.
LISTNUM 1 \l 18177 In terms of transportation links, say the number of ferries coming in and out of Nanaimo, what is the primary destination? Where is the heaviest traffic run?
LISTNUM 1 \l 18178 MR. UNGER: Without having the information at hand ‑‑
LISTNUM 1 \l 18179 COMMISSIONER WILLIAMS: It doesn't have to be exact.
LISTNUM 1 \l 18180 MR. UNGER: ‑‑ the ferries run every two hours in both directions. It is one of the main links to the mainland from Vancouver and is the only link north of the Malahat for the B.C. Ferries System.
LISTNUM 1 \l 18181 The Nanaimo Airport is now in an expansion to lengthen the runway to the point that we will be able to accommodate 737 aircraft. We are the transportation hub of the Island north of the Malahat. That is one of the backbones of our economy.
LISTNUM 1 \l 18182 Many of the people who come on the ferries, during the summer, especially the tourist traffic, are headed to all parts of the island, especially the Pacific Rim National Park on the very far west side of the Island and Tofino and Ucluelet.
LISTNUM 1 \l 18183 The Comox Valley has really been vibrant in recent years and their link is with an airline direct flights to Calgary and Edmonton. So it is becoming a very, very important link to the mainland and to the Island.
LISTNUM 1 \l 18184 COMMISSIONER WILLIAMS: Yes. So your primary connections are with the mainland or Vancouver, I guess Tsawwassen or Horseshoe Bay?
LISTNUM 1 \l 18185 MR. UNGER: That's correct.
LISTNUM 1 \l 18186 COMMISSIONER WILLIAMS: How much of the visitors traffic that comes to your area comes from Victoria down the highway as opposed to coming in on these ferries?
LISTNUM 1 \l 18187 Would you say the ferries bring more people or the highway from Victoria?
LISTNUM 1 \l 18188 MR. UNGER: When it comes to the tourist traffic, we have been encouraging a circle route or a triangle where you can go from Vancouver to Nanaimo to Victoria and back. Because of the Victoria ferry connection, that makes it very easy. Or the reverse of course, going to Victoria first and then coming up Island and taking a different ferry and having different views.
LISTNUM 1 \l 18189 As having been born on the Prairies myself, that is akin to an ocean cruise which many people view that way on their first sailing between. So if you can go through all the islands on the Victoria route and then come back on the other route through Nanaimo, that makes for a very interesting, varied trip for anyone.
LISTNUM 1 \l 18190 COMMISSIONER WILLIAMS: Yes, I have taken it many times, many of them. It just seems to me that the Horseshoe Bay ‑‑ well, the largest ferries, B.C. Ferries are putting their largest ferries on the Horseshoe Bay and Nanaimo run. There must be a traffic reason for them doing that.
LISTNUM 1 \l 18191 MR. UNGER: There is, and the new ferry, which will be going into service next month, the first of the three has been put on the Nanaimo run.
LISTNUM 1 \l 18192 The second new one, which has left the shipyard already on its way to Vancouver Island, will be serving the Nanaimo Duke Point to Tsawwassen run.
LISTNUM 1 \l 18193 And the third one that is being built right now will be serving Victoria‑Vancouver.
LISTNUM 1 \l 18194 COMMISSIONER WILLIAMS: So two‑thirds of the ‑‑
LISTNUM 1 \l 18195 MR. UNGER: Two of the new ones are coming to Nanaimo.
LISTNUM 1 \l 18196 COMMISSIONER WILLIAMS: Two of the new three will be servicing a route from Vancouver essentially to Nanaimo?
LISTNUM 1 \l 18197 MR. UNGER: That's correct.
LISTNUM 1 \l 18198 COMMISSIONER WILLIAMS: That's in terms of tourism.
LISTNUM 1 \l 18199 I imagine there are people that commute between the centres. Would more people commute to Vancouver or to Victoria?
LISTNUM 1 \l 18200 MR. HANSON: I think there certainly are more people commuting to Victoria than to Vancouver.
LISTNUM 1 \l 18201 COMMISSIONER WILLIAMS: All right.
LISTNUM 1 \l 18202 MR. HANSON: Although we are seeing ‑‑ I mean, Nanaimo has become so attractive because of its central location that we are seeing more and more people going in every direction.
LISTNUM 1 \l 18203 Just as an anecdotal example, for instance, in 2006 there were 90,000 float plane passengers between Nanaimo and Vancouver and in 2007 there are 160,000.
LISTNUM 1 \l 18204 COMMISSIONER WILLIAMS: Yes. That is the next question I was going to actually, following up on these transportation links.
LISTNUM 1 \l 18205 MR. HANSON: Yes.
LISTNUM 1 \l 18206 COMMISSIONER WILLIAMS: So do you have the same sort of transportation link with air to Victoria with that same traffic level?
LISTNUM 1 \l 18207 MR. HANSON: It is actually being worked on right now. That is one of the odd things on Vancouver Island is that there is no north‑south airplane service; it is all east‑west.
LISTNUM 1 \l 18208 But the vehicular traffic between Victoria and points north has been growing dramatically over the last decade.
LISTNUM 1 \l 18209 COMMISSIONER WILLIAMS: With the bulk of the people coming to the Island coming from the mainland or Vancouver, I would like to explore a little more why you feel you have a stronger connection with Victoria than Vancouver and if you would be basically just switching a CBC signal from Vancouver for one from Victoria and then you say, "Well, perhaps we can get a Nanaimo Bureau."
LISTNUM 1 \l 18210 Well, could you not get a Nanaimo Bureau from CBC Vancouver? Like CBC is CBC.
LISTNUM 1 \l 18211 Could you answer questions in that area?
LISTNUM 1 \l 18212 MR. HANSON: Again, I think the Island‑centricity of sort of the psychology of the Island culture is something unto itself. I don't have my B.C. history all in front of me, but in some respects Vancouver Island is barely part of British Columbia in the minds of people that are on the Island and that culture, it does tend to be more Island‑centric.
LISTNUM 1 \l 18213 I think part of it also is that the sheer massive size of Vancouver is daunting to the Islanders from the standpoint of being able to get their voice in edgewise. So a Bureau coverage coming out of Victoria has the sense, just because of the matching in population ‑‑ the Island population is about the same as the Greater Victoria population ‑‑ that there is a sense of evenness there relative to the potential for coverage and expansion of our story.
LISTNUM 1 \l 18214 COMMISSIONER WILLIAMS: Mr. Unger...?
LISTNUM 1 \l 18215 MR. UNGER: Yes. I believe, too, that it's a two‑way street. An Upper Island influence can improve the programming for Victoria as well and for the Victoria listenership give them a broader range of programming when they hear the material from Up Island.
LISTNUM 1 \l 18216 This is another thing we are looking at, is feeding into the Victoria market rather than just receiving and going even beyond the Victoria market. By having a CBC connection in Nanaimo we would be able to, in some programming, feed the national scene as well and get right across Canada.
LISTNUM 1 \l 18217 But I think it is important to look at not what Victoria will feed to us, but just as important what the Victoria market will get as a result of the Up Island being able to connect into it.
LISTNUM 1 \l 18218 COMMISSIONER WILLIAMS: So from a City of Nanaimo perspective, then, you see a bigger opportunity of marketing Nanaimo to Victoria rather than the much larger Vancouver?
LISTNUM 1 \l 18219 MR. UNGER: I don't think it makes really that much difference. I think it is a matter of technical ability, as well, for the CBC as opposed to ‑‑ however, I think the opportunity to get programming on a Victoria transmission or Victoria studio would be greater because of the larger amount of input in the Vancouver market, where they have more organizations and local Vancouver community events.
LISTNUM 1 \l 18220 And being able to get into the programming in Vancouver would be more difficult than to get into the Victoria programming from our standpoint.
LISTNUM 1 \l 18221 MR. HANSON: Can I speak to that as well?
LISTNUM 1 \l 18222 COMMISSIONER WILLIAMS: Mr. Hanson...?
LISTNUM 1 \l 18223 MR. HANSON: Yes. I think there are two things here, too.
LISTNUM 1 \l 18224 From the standpoint of our destination marketing for ongoing regular business in Nanaimo, Victoria is a much stronger market for us than Vancouver is, just again because we are on the Island and the convenience and people in Victoria think about coming Up Island in a way that people in the Lower Mainland don't think about because of the water barrier.
LISTNUM 1 \l 18225 I think the other thing to say is that I don't have any statistics in front of me, but it would be ‑‑ I think it is a jump in assumption to assume that the millions of people trafficking through Nanaimo on B.C. Ferries are coming from Vancouver, because huge numbers of those, they are not people from Vancouver; they are people that are coming to the Island via Vancouver from other places.
LISTNUM 1 \l 18226 COMMISSIONER WILLIAMS: Oh, I agree. I agree with that, but they may have been listening to CBC in Vancouver on their way there, I guess is what I'm saying ‑‑
LISTNUM 1 \l 18227 MR. HANSON: Yes.
LISTNUM 1 \l 18228 COMMISSIONER WILLIAMS: ‑‑ not waiting until they got there to see if they could find CBC Victoria.
LISTNUM 1 \l 18229 MR. HANSON: Sure.
LISTNUM 1 \l 18230 COMMISSIONER WILLIAMS: Yes...?
LISTNUM 1 \l 18231 MS TANG: Yes, I would like to contribute something from the arts as well.
LISTNUM 1 \l 18232 The kind of work that is produced, a lot of it being original in Nanaimo, is also of great interest to Victoria. Our Children's Festival also performs in Victoria because there is no other Children's Festival on the Island.
LISTNUM 1 \l 18233 Our symphony, the work our symphony is doing; our theatre, as I said, with the Dunsmuirs. The Dunsmuir family built Craigdarroch Castle and Hatley Park.
LISTNUM 1 \l 18234 The connections, they are more relevant in Victoria, hence they cover our work. And so we will get better coverage and be able to feed our stories more frequently than if it was the Vancouver market.
LISTNUM 1 \l 18235 COMMISSIONER WILLIAMS: Thank you.
LISTNUM 1 \l 18236 Our Chair, Chair del Val, was talking to you about if CBC was granted this application in its entirety and they removed the AM channel, that many listeners on Vancouver Island and in the marine community would suffer. So a large percentage of our interventions dealt with that issue, mainly because the 690 AM band, as she was explaining through the topography, can reach the northern tip of Vancouver Island with little difficulty, whereas an FM is kind of confined to a very smaller area.
LISTNUM 1 \l 18237 So part of the price, I guess, if that was awarded and you got what you wanted, is many of your neighbours north of you would no longer have that service.
LISTNUM 1 \l 18238 MR. UNGER: Again, that is a technical question. However, my understanding is that there would be repeaters in the various communities to bring that signal to other communities as well, all the way up the Island right to the northern tip and even going as far as Powell River, which is on the mainland, but more connected to the Island than anywhere else.
LISTNUM 1 \l 18239 COMMISSIONER WILLIAMS: All right.
LISTNUM 1 \l 18240 I appreciate your answers. I have attended Bard on the Beach. It is a wonderful event and I will see if I can find, what is it, Gung Ho ‑‑
LISTNUM 1 \l 18241 MR. WONG: Gung Haggis Fat Choy.
LISTNUM 1 \l 18242 COMMISSIONER WILLIAMS: Yes, I will see if I can attend that next year. Thank you very much.
LISTNUM 1 \l 18243 MR. WONG: Thank you.
LISTNUM 1 \l 18244 THE CHAIRPERSON: Before I forget, I just wanted to make a comment and then I have another question for Mr. Unger.
LISTNUM 1 \l 18245 I actually remember in the 70s, late 70s or early 80s, bringing the first Dragonboat Festival to Vancouver because I was on the Chinese Cultural Centre Board then. I also remember the first time I saw in the papers on Gung Haggis Fat Choy, on how clever I thought that was. So, yes.
LISTNUM 1 \l 18246 Mr. Unger, just coming back to the point of Gabriola Island, we don't expect interveners to read what we have to read. Now, Gabriola Island did intervene against CBC and one of the reasons is that basically they also want the 104.1 frequency. They basically want to reserve it in the event that their community station gets going.
LISTNUM 1 \l 18247 So that brings me back to the point where you were saying that we are really hoping ‑‑ and I think CBC is hoping and we are all hoping ‑‑ that there would be sufficient funds to establish a Bureau for CBC in Victoria. But the reality is that we don't know. We don't know when or whether that could happen.
LISTNUM 1 \l 18248 So if you are building for 30 or 40 years out ‑‑ I agree we should always think to the future ‑‑ how fair is it too sort of reserve the use of a scarce resource for something that may or may not happen down the road versus dedicating the use of that resource to where we know there is an immediate need?
LISTNUM 1 \l 18249 MR. HANSON: I am a little bit confused, because you said Mr. Unger but you have been looking at me and I am Mr. Hanson.
LISTNUM 1 \l 18250 THE CHAIRPERSON: Mr. Hanson, yes, I'm sorry. I'm very sorry, yes.
LISTNUM 1 \l 18251 MR. HANSON: All right.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 18252 MR. HANSON: A difficult question, obviously. I think we have to think in broad terms. While I am certainly supportive of community radio, community radio, put in the context of an improved, broadened CBC opportunity in the mid‑Island region, it is an apples and oranges question.
LISTNUM 1 \l 18253 I personally couldn't support another local community radio station over the opportunity to get our story out nationally, internationally and regionally.
LISTNUM 1 \l 18254 So that is my simple answer.
LISTNUM 1 \l 18255 But if it was a question between another local station ‑‑
LISTNUM 1 \l 18256 THE CHAIRPERSON: Yes.
LISTNUM 1 \l 18257 MR. HANSON: ‑‑ and more content from Vancouver...
LISTNUM 1 \l 18258 THE CHAIRPERSON: You see, that is exactly the difficulty. You have Gabriola Island, then you have Nanaimo, then you have Vancouver.
LISTNUM 1 \l 18259 MR. HANSON: Yes.
LISTNUM 1 \l 18260 THE CHAIRPERSON: You know, it is almost like a stepped analogy of the problem.
LISTNUM 1 \l 18261 MR. HANSON: Yes.
LISTNUM 1 \l 18262 THE CHAIRPERSON: Do my colleagues have any other questions? No.
LISTNUM 1 \l 18263 We really appreciate your time in intervening, as I hope that you can tell that we take all the interventions very seriously as you have taken the time and we are grateful.
LISTNUM 1 \l 18264 Thank you.
LISTNUM 1 \l 18265 THE SECRETARY: Thank you.
LISTNUM 1 \l 18266 I would now ask MuddCats, Stonegrill and Pacific Audio Visual Institute to come to the presentation table.
‑‑‑ Pause
LISTNUM 1 \l 18267 THE SECRETARY: We will just take a short five‑minute break.
‑‑‑ Upon recessing at 0951 / Suspension à 0951
‑‑‑ Upon resuming at 1010 / Reprise à 1010
LISTNUM 1 \l 18268 THE SECRETARY: Please take a seat.
LISTNUM 1 \l 18269 We will start with the presentation of MuddCats.
LISTNUM 1 \l 18270 Please introduce yourself and you have 10 minutes.
INTERVENTION
LISTNUM 1 \l 18271 MR. PIGGIN: Hello, my name is Dave Piggin. I play with a band called the MuddCats and I am from Kamloops, British Columbia.
LISTNUM 1 \l 18272 I respect the privilege of coming to speak to you today and I'm very excited. I would like to thank Frank Torres and Ed Torres and the people in their team for giving me this opportunity to speak to you. I have the greatest respect for what is happening here today.
LISTNUM 1 \l 18273 I have three items that I have handed to Jade.
LISTNUM 1 \l 18274 One is the CD from our ‑‑ this is original blues CD. I have a yellow booklet, pamphlet from The Yale, which is a local blues club, seven days a week blues in Vancouver. I also have a general gist of what I am going to say written out on this document here for reference.
LISTNUM 1 \l 18275 I am going to read right straight from it. This is separate and different from what I wrote in my letter of intervention which for public purposes was sent to you. Okay? I'm not trying to repeat.
LISTNUM 1 \l 18276 Emerging Canadian blues artists do not get radio play on commercial radio in Canada. We do get some play on College/University Radio Stations where they are prepared to take risks and be innovative.
LISTNUM 1 \l 18277 The purpose of my being here today is to witness to you my experience as an emerging blues artist on behalf of myself and Brad Davis and the applicant. Brad Davis is my co‑author and he lives in Kamloops with me. He is originally from South Carolina.
LISTNUM 1 \l 18278 In doing this, I'm speaking for many blues artists who are not here today and, by the way, sent me e‑mails of encouragement and excitement, hoping that I will be successful in talking to you.
LISTNUM 1 \l 18279 My experience is directly related to the interior of British Columbia and, to some extent, the Vancouver scene.
LISTNUM 1 \l 18280 The natural progression for somebody like myself would be to come from Kamloops and tried to get my stuff played in places like The Yale or the Fairview or the Cottage Bistro Club here in Vancouver.
LISTNUM 1 \l 18281 In terms of our CD, in 2005 Brad and I opened for Sue Foley in Kamloops at a Blues Network event. Sue Foley is a Canadian guitar player and she is a real wizard. She plays way better than I do. Due to the success of this event, Brad and I decided to do an original blues CD. We worked on the CD writing for about eight months and released the CD.
LISTNUM 1 \l 18282 I actually got the dates wrong on there. It should not be 2008.
LISTNUM 1 \l 18283 Our CD was well received in Kamloops and in Kamloops where there is about 80,000 people, I have sold personally 1,000 CDs.
LISTNUM 1 \l 18284 In terms of radio play, the X92.5 radio station, a University radio station ‑‑ which, by the way, just increase their power a few days ago ‑‑ managed by Brant Zwicker, was an excellent supporter and did a one‑hour show with live interviews to promote our CD. They also include us on their playlist and we get played at that radio station.
LISTNUM 1 \l 18285 He has connections where he has helped us get played on other university stations occasionally.
LISTNUM 1 \l 18286 After hearing our CD, Peter Olsen and Tim Tyler, who, by the way, are DJs in Kamloops, are big blues fans and on Radio NL in Kamloops started a new program called "Home Grown" as a result of hearing our CD and solicited CDs from local artists which were featured in a one‑hour program.
LISTNUM 1 \l 18287 Peter told us that our CD was the best CD to date to come out of Kamloops, and we are going to support our CD. We also received strong support from CIFM 98.3 in Kamloops from Stan Bailey and Henry Small.
LISTNUM 1 \l 18288 Henry small, you might recall, is from Prism.
LISTNUM 1 \l 18289 They interviewed us and played our CD in the morning shows and at 5 o'clock in prime time for us.
LISTNUM 1 \l 18290 Brant Zwicker also has shown support for us. He has a syndicated blues show that goes throughout Canada. That blues show is syndicated from Kamloops and recorded in Kamloops, and it is called "At The Crossroad". Because of it, we are able to be played on Brant Zwicker's show, and our CD has been played on 70 stations in Canada ‑‑ more than 70 actually.
LISTNUM 1 \l 18291 Radio play outside of Kamloops other than on the syndication show is non‑existent.
LISTNUM 1 \l 18292 An interesting thing is we got an e‑mail one time from a radio station in Croatia and we were number two in 2005, I think in July, in Croatia and we can't get played in Canada.
LISTNUM 1 \l 18293 A person in my office where I work, he is a forester from Croatia and he said in Croatia that station would be probably broadcasting between 500 and 1,000 kilometres radius: totally different than what we would experience here.
LISTNUM 1 \l 18294 The following is a brief list of comments and points for your information and review.
LISTNUM 1 \l 18295 Our CD is a professional quality CD. It is complete with a 16‑page booklet, recipes. In fact, one of the recipes is "Catfish Bites", which is one of Brad's grandfather's recipes from South Carolina, so it is handed down from generations.
LISTNUM 1 \l 18296 It was recorded to a high standard, including a 16‑page booklet, lyrics, recipes and a meaningful prose. I have given you copies here so you can review it, not because I am paying you off, but at my expense. This is my evidence so that you can listen to it and see if you think it is radio worthy.
LISTNUM 1 \l 18297 I would like to point out that the producer of our CD also produced a CD from Kamloops for a Christian CD and won a Juno for it. So the quality is here in Kamloops and in Vancouver.
LISTNUM 1 \l 18298 Our blues CD is not played on commercial radio in Vancouver or any other location on the Lower Mainland. We could not get past the Secretary to the Music Director. Usually we are told: "We do not play blues, we do not play local CDs and we are not interested in hearing or playing original music, let alone original blues."
LISTNUM 1 \l 18299 In one case talking to a DJ, they would give him an opportunity to seek alternate employment if he played our stuff.
LISTNUM 1 \l 18300 Our CD is played in blues clubs. A friend of mine from Kelowna, a drummer, was at The Yale in Vancouver on Granville and Drake a few weeks ago and when he walked in the door, our CD was playing on the house stereo. The same friend was in Moe's Blues in Vernon, another blues place in the interior, a week later he walked in the door and our CD was again playing on the house stereo.
LISTNUM 1 \l 18301 Most commercial radio have a set format and do not vary from that format. They are not prepared to take risks with our new blues music.
LISTNUM 1 \l 18302 Salmon Arm Radio would not play our CD because it was programmed along with many other stations in the Okanagan and the Kootenay region. I think they said 20 stations or something, but plus 10 anyway. The DJ thought the CD was very good, wanted to know where we were playing and when we were playing in Salmon Arm because he was going to come and see us. We played there and he came down to see our thing, but he still couldn't play our CD and he liked their music.
LISTNUM 1 \l 18303 In Vernon Station they would not take original artists, especially since we were from the Thompson region and they were the Okanagan, and they won't play things except from the Okanagan.
LISTNUM 1 \l 18304 Kelowna Radio Station had a set format and would not vary from that format. They would not play our CD, even though we were playing at the local Blue Gater Club, which is a very well‑known blues establishment in Kelowna.
LISTNUM 1 \l 18305 To give you a sense of an aside thing that came up to my mind having breakfast this morning, there is a lack of diversity in the music that is being played on commercial radio. My friend has a 14‑year‑old daughter and the minute she gets in my truck, she turns the radio on, hits the channels until she finds something she likes. If she doesn't, the next thing she does is put her iPod on.
LISTNUM 1 \l 18306 I think we have no diversity in the radio and it is being preprogrammed for one location for a big chunk of the province, and it is not including blues.
LISTNUM 1 \l 18307 If CDs are not played on the radio, the record stores will not carry my CD. Very fortunately, there is a great organization called Play Entertainment, a small chain, and they will carry our CD. I can't get it into HMV and I can't get it into A&B Sound and I can't get it into anything else.
LISTNUM 1 \l 18308 So commercial radio stations have the reputation for not taking risks. They play it safe and they protect income and listeners. In fact, the listener base may be weakening because they are not prepared to step out of their format, as I commented about my 14‑year‑old friend.
LISTNUM 1 \l 18309 Without radio play, income for me from SOCAN is minimal and the income accrues to other international artists and talent and not to people in Canada. We are now focusing our attention on download formats such as iTunes, Napster and Rhapsody where we have a worldwide download capability and have an opportunity to make up for the lack of radio play in Canada.
LISTNUM 1 \l 18310 Right now we are getting downloaded in the U.K. and in the United States. Since we did it like last fall and there is a couple, three‑month delay before you find out, I don't know where else we are being downloaded at the moment. But we can get printouts if you wanted to know for your purposes at some other date.
LISTNUM 1 \l 18311 That's why in the stuff I gave Jade I also gave business cards.
LISTNUM 1 \l 18312 If our music is not played, we will not receive royalties. If our music is not played, it will not be picked up under a mechanical licence by another artist which creates revenue for me.
LISTNUM 1 \l 18313 If our music is not heard, it will not be tracked to a movie or other media. Again, income is lost.
LISTNUM 1 \l 18314 A perfect example is I was talking to a guy down at a SOCAN event and he did a song that was recorded and played to the Highlander episode ‑‑ Highlander at that time I believe was produced here ‑‑ and he gets paid for the fact that they are using his song. He gets paid again when it is tracked to the movie. He gets paid again when it is played.
LISTNUM 1 \l 18315 Six years later after that one was syndicated worldwide, he is still getting revenue.
LISTNUM 1 \l 18316 We do not rely on grants or subsidies. We did our CD with our own lunch money.
LISTNUM 1 \l 18317 THE SECRETARY: I'm sorry, can you please conclude. Your 10 minutes is over.
LISTNUM 1 \l 18318 MR. PIGGIN: Okay.
LISTNUM 1 \l 18319 In conclusion, original Canadian blues is a vibrant part of the Vancouver culture and is not represented in the commercial radio. Canadian blues artists do not have a significant voice in terms of radio play. This creates a systemic barrier to Canadian artists and prevents the growth of a viable economic opportunity for original Canadian blues.
LISTNUM 1 \l 18320 I recommend the Frank Torres application be accepted so that emerging blues artists can have a place to showcase their creative talents, and I recommend that the Frank Torres application be accepted so that new economic opportunities can be made available to emerging Canadian blues artist.
LISTNUM 1 \l 18321 Thank you very much.
LISTNUM 1 \l 18322 THE SECRETARY: Thank you.
LISTNUM 1 \l 18323 Now we will hear the presentation of Pacific Audio Visual Institute.
LISTNUM 1 \l 18324 Please introduce yourself and you have 10 minutes.
INTERVENTION
LISTNUM 1 \l 18325 MR. LAVIN: My name is Tom Lavin and I am the Director of Pacific Audio Visual Institute which is a private post‑secondary college licensed and accredited under PCTIA of the province here.
LISTNUM 1 \l 18326 I have also been involved in communication, having started the first private Internet provider service in Western Canada. I took that company public and subsequently went on to CEO of several other public companies.
LISTNUM 1 \l 18327 My position here is to support the Torres Brothers' application for a blues radio station by virtue of the fact that I am also the leader of the Powder Blues Band, which is a Canadian band for the last 30 years that has won the Juno Award in Canada and has won the W.C. Handy Award in the United States, has headlined the Montreux Jazz Festival in Switzerland, and so on and so forth.
LISTNUM 1 \l 18328 I am one of a handful of blues artists from Canada that sold in excess of a million records.
LISTNUM 1 \l 18329 Anecdotally, statistics will often not prove the viability of blues. I will give you a brief example.
LISTNUM 1 \l 18330 When I first recorded the first Powder Blues album in 1979 and I took it to all the record companies that were headquartered in Toronto at the time, I was told by them all blues didn't sell. And one record company, CBS at the time, actually undertook a marketing study. They spent a lot of money and some time and they came back with the results that my record might sell 5,000 copies if they were willing to invest about half a million.
LISTNUM 1 \l 18331 So I sold a record out of the back of my station wagon and once it had achieved Gold status of 50,000 copies in Vancouver alone, all the Canadian record companies came back to me and said, "You probably need some help distributing."
LISTNUM 1 \l 18332 That album has gone on to sell more than a million copies and I have been through several record companies, watched their demise, and the band continues on.
LISTNUM 1 \l 18333 What they call a weekend warrior, I also have a one‑month‑old new son, so I don't tour nearly as much as I used to.
LISTNUM 1 \l 18334 The way I see it is you have the responsibility of figuring out who you want to give airwaves to and blues may be to your mind somewhat of a marginal music. I am here to explain that maybe that is not the case.
LISTNUM 1 \l 18335 I have toured continually across Canada for 30 years and there are probably 40 to 50 major blues festivals in Canada. By "major", I mean the Windsor Blues Festival can sometimes draw upwards of 100,000 people; the Blues Festival in Ottawa over a period of days similarly. And we have a number of them here in the Lower Mainland and in the outreaches.
LISTNUM 1 \l 18336 It is viable and there is a lot of ‑‑ there are literally hundreds, if not thousands, of Canadian blues artists.
LISTNUM 1 \l 18337 So we have to look at: Is there a market? Will people listen to this? Is it worth giving 1000 watts 89.3 to a format that is blues? Is there viability here?
LISTNUM 1 \l 18338 It is interesting to note that the only live music venue in the Lower Mainland that operates seven nights a week is a blues venue. Now, any of us here in this room can mention dozens of subgroups of music and certainly we will have reggae artists from time to time or country artists or classical artists, but this is few and far between.
LISTNUM 1 \l 18339 My point is that there is a very roots oriented support for the blues and it is being severely under‑represented locally.
LISTNUM 1 \l 18340 In fact, most blues artists like myself or Colin James or Jeff Healey have to achieve recognition outside of Canada in order to be recognized here.
LISTNUM 1 \l 18341 So absolutely in order to meet Canadian content, we have more than enough fine, world‑class blues artists that aren't receiving airplay.
LISTNUM 1 \l 18342 Is there a market viability? You know what, that is going to come down to programming, music programming and it is going to come down to smart station management, and I am not here with the facts as to whether the people who have this application have that sort of expertise. But if it is managed properly and it is programmed properly, absolutely, there is no question of its viability.
LISTNUM 1 \l 18343 Is there a cultural imperative for it? I think there is. I think that the blues is the basis for all of Western music; that it is really necessary if we are going to continue to generate quality artists ‑‑ and Canada does that in a wonderfully disproportionate measure to most other of the forward thinking nations. Our young artists have to be exposed to the roots.
LISTNUM 1 \l 18344 It is impossible to study calculus without studying geometry. And all of jazz and all of fusion and all of Western pop music is based on blues, and it is an entry point. People's ears develop over time. It is an evolutionary process.
LISTNUM 1 \l 18345 To have a blues station here is wonderful. Personally, I have to try to get an ultra receiver and received 88.1 NPR, National Public Radio from Seattle, Tacoma which plays blues and jazz because we don't have anything that represents it here.
LISTNUM 1 \l 18346 Occasionally there has been a licence who has been granted to a "jazz station" but it is usually elevator music and it fails quickly and they change format.
LISTNUM 1 \l 18347 I think that if you grant this application for primarily a blues ‑‑ and I use that in the widest sense of the word, blues incorporating and including swing and jazz and bebop and all the other so important intellectual products of Western music ‑‑ that it will absolutely be successful.
LISTNUM 1 \l 18348 I think that concludes my statements and I am happy to answer any questions.
LISTNUM 1 \l 18349 THE SECRETARY: Thank you.
LISTNUM 1 \l 18350 THE CHAIRPERSON: Commissioner Duncan, please.
LISTNUM 1 \l 18351 COMMISSIONER DUNCAN: I don't really have many questions.
LISTNUM 1 \l 18352 I think your presentations were very clear and passionate. I used that word earlier today, many times actually, listening to the interveners, but I actually was personally very taken with the clip that the Torres people played in their presentation. I thought, oh, this must be what I have been missing all my life and, interestingly enough, they did make a comment that ‑‑
LISTNUM 1 \l 18353 MR. LAVIN: Well, thank you so much for that comment. It is great to hear it. I hear it at every show.
LISTNUM 1 \l 18354 COMMISSIONER DUNCAN: Do you?
LISTNUM 1 \l 18355 MR. LAVIN: "I didn't think I liked the blues until I heard you". It is a wonderful thing.
LISTNUM 1 \l 18356 Thank you, all. Thanks for letting me speak.
LISTNUM 1 \l 18357 COMMISSIONER DUNCAN: Yes. Thank you.
LISTNUM 1 \l 18358 THE CHAIRPERSON: Commissioner Cugini, please.
LISTNUM 1 \l 18359 COMMISSIONER CUGINI: Mr. Piggin, just one question because you did make a point in your oral presentation to say that you didn't receive any grants for the CD.
LISTNUM 1 \l 18360 MR. PIGGIN: No.
LISTNUM 1 \l 18361 COMMISSIONER CUGINI: Why do you not apply to FACTOR for financial assistance?
LISTNUM 1 \l 18362 MR. PIGGIN: I actually hadn't heard of FACTOR until the other day and then I talked to my partner, Brad, and apparently we don't get enough play that we would probably get a grant. And then his verbal comment to me ‑‑ and I do not understand it totally ‑‑ is that he said "We might be able to get a thousand bucks if we cross Canada."
LISTNUM 1 \l 18363 The thousand bucks doesn't cover gas to Edmonton, you know, basically. So for us, basically what it is is you can't tour. You have to have a full‑time job, take your annual leave and go, and that is probably what we are going to do.
LISTNUM 1 \l 18364 The interesting thing is ‑‑ and this is like colossal, I can't even believe it ‑‑ he has made some friends, blues friends on the Internet, and there are people in Germany who want to pay us to go to Germany to do a tour when we can't really do a tour here in Canada because we can't get radio play.
LISTNUM 1 \l 18365 It is very important, if I play in a town like Kelowna or something like that, to get a little radio play in advance of going. That is a very powerful advertising thing. It can't happen. It won't happen. But I can get played in Europe.
LISTNUM 1 \l 18366 Pardon me for over‑speaking the artist, but there is an artist in Kamloops named Roxanne Hall. She gets a significant amount of royalties out of Europe, but she cannot get her music played in Canada.
LISTNUM 1 \l 18367 COMMISSIONER CUGINI: Obviously the contention there is because of the format restrictions that the radio operators have imposed upon themselves ‑‑
LISTNUM 1 \l 18368 MR. PIGGIN: That's right.
LISTNUM 1 \l 18369 COMMISSIONER CUGINI: ‑‑ because we don't license formats.
LISTNUM 1 \l 18370 MR. PIGGIN: Yes. I do not know that anybody has done a view of the opportunity cost of the royalty loss that I would pay because they are playing "Crimson and Clover" for the 15th time that day.
LISTNUM 1 \l 18371 Both myself and Tom ‑‑ and it's not because I want to be rich; I want to express myself. This CD has my feelings on it and it has Brad's feelings on it, and I think there are very powerful things.
LISTNUM 1 \l 18372 If I meet a blues believer that listens to blues, I do not have to sell my CD to them. They say "original blues, buying it". I have only had one CD returned out of 2,000 in recent time and that was because his wife wouldn't let him buy it.
LISTNUM 1 \l 18373 I'm not being insulting; I'm just telling you that's the facts.
LISTNUM 1 \l 18374 I would like to point out something ‑‑ I apologize ‑‑
LISTNUM 1 \l 18375 COMMISSIONER CUGINI: No. Please, go right ahead.
LISTNUM 1 \l 18376 MR. PIGGIN: In this town there are people that are playing here in Vancouver that are legends in the blues and people do not know that.
LISTNUM 1 \l 18377 Tom Lavin is a legend. I was privileged enough to be able to open for him in Kamloops.
LISTNUM 1 \l 18378 Jim Byrnes, who you saw earlier is a legend.
LISTNUM 1 \l 18379 Amos Garrett. Amos Garrett has a neat little story. He did the guitar lines for a song called "Oasis at Midnight" for Maria Muldaur. He gets this phone call in a hotel room somewhere in the States and here it is Stevie Wonder phoning him and telling him it's the best guitar lead he has ever heard in his whole life, and he had to hunt all over the States to find him to tell him that.
LISTNUM 1 \l 18380 These are the people that are playing here.
LISTNUM 1 \l 18381 Long John Baldry. Long John Baldry is from Vancouver here. He played a lot with Tony Robertson and his group of people. Long John Baldry, he stands on stage and he says, "You know, the first time I played this song I was with Eric"; Eric Clapton, because he is from England. These are the beginners.
LISTNUM 1 \l 18382 People like Lexus Corners Blues Band which started out in England, the people that got up on stage and asked to be able to play with him are Keith Richards and Mick Jagger. That's how they started, playing blues.
LISTNUM 1 \l 18383 The first two blues CD albums of the Rolling Stones ‑‑ pardon me, the first two LPs are blues.
LISTNUM 1 \l 18384 Harry Manx, a Canadian artist, he is a deadly player. Jerry Adolf is a first call session man here in this area. Ellie Johnson is a major guitar player that is just building. Brickhouse plays 200 nights probably a year here and is mainly in Vancouver. They are known throughout the Interior.
LISTNUM 1 \l 18385 Tim Porter and Tim Hershey are deadly guitar players. They are well known.
LISTNUM 1 \l 18386 That culture is not out there; it is not seen, and the systemic barrier of the commercial radio stations is the reason. It is not because they are lazy, because they are producing all the time good, new music.
LISTNUM 1 \l 18387 Thank you very much for listening to my tirade.
LISTNUM 1 \l 18388 COMMISSIONER CUGINI: No, thank you very much for the information.
LISTNUM 1 \l 18389 Thank you, those are all my questions.
LISTNUM 1 \l 18390 THE CHAIRPERSON: Commissioner Williams, please.
LISTNUM 1 \l 18391 COMMISSIONER WILLIAMS: I certainly appreciate your enthusiasm and your generosity, and I just can't wait until the day is over so we can see what the CD is all about.
LISTNUM 1 \l 18392 MR. PIGGIN: Thank you very much.
LISTNUM 1 \l 18393 COMMISSIONER WILLIAMS: Thank you very much.
LISTNUM 1 \l 18394 THE CHAIRPERSON: Commissioner Menzies, please.
LISTNUM 1 \l 18395 COMMISSIONER MENZIES: My question is sort of in this context and I am still mourning the loss of the King Eddy in Calgary, so I am familiar with the ‑‑
LISTNUM 1 \l 18396 MR. PIGGIN: You didn't have to stay there.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 18397 COMMISSIONER MENZIES: I am only there one week out of three these days anyway.
LISTNUM 1 \l 18398 What you have described is a sort of institutional barrier, but also more broadly perhaps a branding or marketing issue for the blues in terms of people saying, "Oh, that is what I have been listening to, I didn't know that was the blues."
LISTNUM 1 \l 18399 They have another image of the blues that is a barrier to having more widespread acceptance.
LISTNUM 1 \l 18400 Given that in terms of this particular application, what gives you confidence to come forward as intervenors that this applicant will be able to market what the blues really are and maintain that successfully so that they won't feel the need three or four years down the road to change formats and draw themselves into the mix?
LISTNUM 1 \l 18401 MR. LAVIN: I would like to answer that question, if I might.
LISTNUM 1 \l 18402 I think that the blues remarkably has the most staying power of any type of western music. It is a touchstone that constantly has to be revisited.
LISTNUM 1 \l 18403 You know, a generation before me they thought Jimi Hendrix was roots and didn't realize that Jimi Hendrix, his roots were Willie Dixon and Muddy Waters and people like that.
LISTNUM 1 \l 18404 It is the trunk of the tree of western music.
LISTNUM 1 \l 18405 In the same context that you wouldn't expect great painting students at Emily Carr to be able to become culturally advanced, having only been reared on black velvet paintings, they have to go and see the Masters and they have to understand what makes something classic and what makes something timeless.
LISTNUM 1 \l 18406 Timeless is a creation that withstands the test of time by its very definition. Certainly, you look at the biggest selling jazz album of all time is called "Kind of Blue" by Miles Davis. Now, we all regard Miles Davis as a jazz artist, but any student of music will tell you that that is all blues.
LISTNUM 1 \l 18407 Incidentally, the title of his subsequent album was called "All Blues". He also did a "No Blues" album. But all jazz starts there.
LISTNUM 1 \l 18408 And what I mean by a format for blues radio would incorporate that sort of thing.
LISTNUM 1 \l 18409 Now, like I said when I made my brief comments, it is up to management and program directing and music directing to make sure that the quality is there, but blues speaks for itself. It has its own ‑‑ what did John Labatt say? "An honest brew makes its own friends".
LISTNUM 1 \l 18410 I think that certainly the blues at its best is sheer honesty. It is the bottom line in human emotion. It is universal. It speaks to everyone. And if it is represented in a quality way, it can't fail. Certainly it hasn't in my experience.
LISTNUM 1 \l 18411 MR. PIGGIN: If I could add to that just briefly, because I think he has nailed it, is in their application they said they want to have 30 per cent blues as in their licence document. Okay?
LISTNUM 1 \l 18412 That takes a fairly significant challenge, and I'm sure that on many commercial things they would not want to be pinned to that in their licence document.
LISTNUM 1 \l 18413 I think they are going to be a little bit surprised, the owners, Frank Torres and his team, they are going to be surprised at the support they are going to get locally. I think it is going to blow them away and I believe in other markets there will be a copycat application.
LISTNUM 1 \l 18414 COMMISSIONER MENZIES: All right. Thank you very much. Good luck with your career.
LISTNUM 1 \l 18415 MR. PIGGIN: Thank you very much. I appreciate your time and patience.
LISTNUM 1 \l 18416 THE CHAIRPERSON: I have questions.
LISTNUM 1 \l 18417 MR. PIGGIN: Yes...?
LISTNUM 1 \l 18418 THE CHAIRPERSON: I have one question for you ‑‑ I will start with a question for you, Mr. Piggin.
LISTNUM 1 \l 18419 Can you tell me how it happened that you were played in Croatia and became number two?
LISTNUM 1 \l 18420 MR. PIGGIN: I don't actually know. We actually don't. The only thing we can think of is that an Armed Forces person took it over when they were doing it.
LISTNUM 1 \l 18421 The other thing that catches you off guard ‑‑ and blues is maybe a little bit like jazz ‑‑ somebody gets a CD and they have to tell their friends. They get a CD and they have to tell their friends, and you get a network of blues people.
LISTNUM 1 \l 18422 I met a new blues guy who is a deadly guitar player, plays in his living room; doesn't do any recording. He is an engineer and he builds sawmills all over the world. He moved to Kamloops and I met him through another person and then you create a new network.
LISTNUM 1 \l 18423 That is why in Kamloops we started a blues underground network, and at one point it had a thousand people. In a town of 80,000, it has its own little thing.
LISTNUM 1 \l 18424 The Salmon Arm Roots and Blues Festival gets 10,000 people.
LISTNUM 1 \l 18425 MR. LAVIN: There is actually a ring of blues DJs all over Europe. It was initially western Europe and now incorporates eastern Europe, too. There are about 60 of them. I get their weekly playlists and it is quite surprising, there is hardly a week that goes by without a Canadian blues artist on it. I am on it regularly and people like David Gogo and Sue Foley and Long John Baldry, and so on and so forth.
LISTNUM 1 \l 18426 Basically it is a moccasin telegraph sort of thing. People that are really into the blues know the other people, and it is the only way that you can disseminate the material, because again it is generally ‑‑ it has been fringe.
LISTNUM 1 \l 18427 THE CHAIRPERSON: The playlist that you were talking about, that is kind of bittersweet, isn't it? It is good that they made it so big elsewhere, but it is sad that we don't hear them.
LISTNUM 1 \l 18428 MR. LAVIN: Powder Blues has been released in a number of foreign countries, but we get play on an average each year of maybe 40 or 50 countries. I can see that on my SOCAN statements.
LISTNUM 1 \l 18429 THE CHAIRPERSON: Mr. Lavin, I think everyone knows your song "Doing It Right on the Wrong Side of Town".
LISTNUM 1 \l 18430 MR. LAVIN: I wrote that song.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 18431 THE CHAIRPERSON: Yes, and we hear that on radio. Now, I asked the same question of Mr. Byrnes when he was here yesterday: Do you still approach radio stations to have them play your other songs and if you ‑‑
LISTNUM 1 \l 18432 MR. LAVIN: I don't even approach record companies. I sell directly off the Internet.
LISTNUM 1 \l 18433 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18434 MR. LAVIN: Manufacturing costs on a CD is $2.00 and retail price is $20. It is an $18 net to me if I sell directly and a $1.00 net to me if I sell through a record company.
LISTNUM 1 \l 18435 You have seen the demise of record companies through convergence of media technology and different forms of delivery. We are going through a rebirth and the whole concept of copyright in copying, and that is another discussion.
LISTNUM 1 \l 18436 I am of the smaller school that believes in free dissemination. I put all my musical works on the Internet for free download. I also have it for pay download and I also feel that people that experience my music for free, that like it well enough, will actually come to me and buy it of their own volition, basically a volunteer army, if you will.
LISTNUM 1 \l 18437 THE CHAIRPERSON: All right. But are you interested in having more of your music on commercial radio?
LISTNUM 1 \l 18438 MR. LAVIN: I think, you know, if people want to hear the music it is great to have an outlet. I did actually hire some independent promotion for an album I did recently ‑‑ by recently, I mean about three years ago. I actually wrote, arranged, produced, and self‑financed a big band record which was big band meets blues. It was a high quality production and I thought that there might be some commercial viability to it, even with the narrow format.
LISTNUM 1 \l 18439 I didn't find that to be true in Canada. I found it to be true elsewhere.
LISTNUM 1 \l 18440 I think that the formats now are so tight and frequencies so limited and our population so spread out and our geographic demographics so wide that it is difficult. I think putting 1000 watts to something like this is a wonderful first step.
LISTNUM 1 \l 18441 I also agree with Mr. Piggin. I think that it could be commercially viable, successful here and it might well be copied in other areas.
LISTNUM 1 \l 18442 THE CHAIRPERSON: Great. Thank you very much. Thanks for taking the time to participate. We really do appreciate your input.
LISTNUM 1 \l 18443 MR. LAVIN: Thank you.
LISTNUM 1 \l 18444 MR. PIGGIN: Thank you very much.
LISTNUM 1 \l 18445 THE SECRETARY: Thank you.
LISTNUM 1 \l 18446 I would now call James Spears to come to the presentation table.
LISTNUM 1 \l 18447 Mr. Arthur Hughes.
‑‑‑ Pause
LISTNUM 1 \l 18448 THE SECRETARY: You have 10 minutes to make your presentation. Thank you.
INTERVENTION
LISTNUM 1 \l 18449 MR. HUGHES: Good morning, ladies and gentlemen, messieurs et mesdames.
LISTNUM 1 \l 18450 My name is Arthur Hughes, as you have announced, and I am a private citizen living in the city of Vancouver. I have absolutely no connection whatsoever with any industrial or commercial broadcasting enterprise or anybody in the entertainment business. I am here strictly speaking on behalf of myself.
LISTNUM 1 \l 18451 Et pour ceux parmi les * commissioners + qui parlent français et les autres dans la salle, je voudrais... Ça aura été un bon accueil à la ville de Vancouver, où elle est toujours ensoleillée, à l'exception d'aujourd'hui, sans doute, évidemment. Ah! Venons aux faits...
LISTNUM 1 \l 18452 To the point, some weeks ago I heard on my favourite radio station, 690 CBU in Vancouver, the fact that an application had been made to transfer to FM and drop the AM. I was astounded at this.
LISTNUM 1 \l 18453 I have been listening to CBU Vancouver for over 50 years on AM. Just to give you an idea how I listen, I listen in my car ‑‑ and by the way, over those years four different cars, four different antennas and automotive radios ‑‑ receiving CBU clear as a bell in any part of the city. The only time you can't get it is in an underground garage perhaps or going through what is known here as the Dees Island Tunnel. Obviously you can't receive it.
LISTNUM 1 \l 18454 Now, when I heard this, I phoned a number of my friends. Most of my friends listen to CBC; we are on the same wavelength, so to speak. I got through seven of the ten people, I kept track of it, listen to CBU daily. Not one of those listeners had had any problems receiving the CBC.
LISTNUM 1 \l 18455 It astounded me, on reading the CBC application, to see their statistics.
LISTNUM 1 \l 18456 If I may refer to my notes which I have provided the CRTC, if I can find it, section 5 of their application entitled "Listener Feedback", they listed 13 negative comments regarding CBC AM reception out of a survey of 401 listeners taken at random in June of 2004.
LISTNUM 1 \l 18457 Now, my question is: Where were the positive comments? It is obvious that such comments would not further their application.
LISTNUM 1 \l 18458 Now, out of the blue a gentleman called Ben Clifford, who has the same view as myself who has provided you with a form, he examined the statistics provided by the CBC and he has found misrepresentations in so many of them, and he meticulously has recorded them, supplying charts which I believe you have.
LISTNUM 1 \l 18459 I found it most interesting. I did not have the time or the facilities to make such analysis of the CBC numbers.
LISTNUM 1 \l 18460 But just back to the people I talked to who listen to CBC, none of them, other than my good friend and colleague Christopher Gaze of Bard on the Beach, who, by the way, you may not know is Canada's leading Shakespearean actor, I have to differ with him.
LISTNUM 1 \l 18461 Let me say this. On trips to the United States I am always listening to CBU 690 FM ‑‑ 690 AM. What am I saying ‑‑ all the way almost to Bellingham, which is what, 35 kilometres south of Vancouver, and on the return journey as soon as I drive north of Bellingham I tune into 690 AM, clear as a bell ‑‑ well, not initially because it is quite a distance. But after a few kilometres, clear as a bell you can obtain CBC all the way to Vancouver.
LISTNUM 1 \l 18462 Now, one of the things, the negative things about FM is that most radios now have push button tuning. You can't tune with the dial; you have to accept the number. So frequently it wanders off that megahertz number. There is nothing you can do about that. It is a push button system; you can't adjust it.
LISTNUM 1 \l 18463 An amusing part of the CBC application is this: One of the reasons they want to transfer to FM is they say that young people listen to FM. Of course they do. What are they listening to? They are listening to their favourite rock stations and, by the way, there is a commitment almost because of peer pressure to listen to these stations.
LISTNUM 1 \l 18464 If the CBC transfers from AM to FM, they are not going to get one more youthful listener. It is not their type of programming.
LISTNUM 1 \l 18465 In fact, as you know, the late‑night convenience stores usually play music to keep the youngsters from congregating. If they turned on CBC 690 AM, the kids would disappear in swarms.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 18466 MR. HUGHES: So they are not going to gain anything by transferring to FM.
LISTNUM 1 \l 18467 Here is the capper in my argument. You may not believe this. The best way to illustrate it, if I were in a court of law defending a client, I would bring in to radios, one here, one here. This would be tuned to CBC AM 690 kilohertz. This one, however, would be tuned to FM to 93.5 megahertz.
LISTNUM 1 \l 18468 What do you get on 93.5 megahertz? You get CBC Radio One 24 hours a day.
LISTNUM 1 \l 18469 Why are they applying? They are already on FM. You can hear it any time of the day or night.
LISTNUM 1 \l 18470 In fact, if you find it difficult to find, 93 megahertz is NPR KPLU. That is an all jazz station from Tacoma, Washington. Just slightly to the right on the dial in CBC Radio One on FM all day long. Nobody seems to realize that.
LISTNUM 1 \l 18471 People might say, well, yes, but that's cable. Okay. Well, it takes merely $7.00 or $8.00 to buy a splitter, $7.00 or $8.00 to buy a short piece of coaxial cable. Any teenager can attach that, it is child's play, and anyone can listen to FM on the cable.
LISTNUM 1 \l 18472 So I am puzzled as to why they are making an application when they are already there.
LISTNUM 1 \l 18473 I would like to read my last paragraph verbatim.
LISTNUM 1 \l 18474 I respectfully urge the CRTC not to permit the CBC to abandon their hundreds or more likely thousands of loyal Radio One listeners by cancelling the long‑running, since 1938, excellent AM broadcasting. A rational compromise would be to maintain the status quo and also carry Radio One programming on FM as it already exists.
LISTNUM 1 \l 18475 Thank you very much, ladies and gentlemen.
LISTNUM 1 \l 18476 THE CHAIRPERSON: Thank you, Mr. Hughes.
LISTNUM 1 \l 18477 Commissioner Williams will lead the questions.
LISTNUM 1 \l 18478 COMMISSIONER WILLIAMS: Did I understand you to say that the CBC on 690 has been serving Vancouver for 70 years?
LISTNUM 1 \l 18479 MR. HUGHES: Yes, since 1938 apparently.
LISTNUM 1 \l 18480 COMMISSIONER WILLIAMS: So if there are these signal reception gaps, they have been here for almost that same period of time?
LISTNUM 1 \l 18481 MR. HUGHES: I have never had any trouble ‑‑ now, I haven't been listening since 1938, but I have been listening since the war. Well, maybe I was, but I'm not aware of it.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 18482 MR. HUGHES: But I have never had any trouble tuning in 690 AM nor ‑‑ and I know this is hearsay. But at least a dozen of my friends have never complained about receiving CBC AM on 690.
LISTNUM 1 \l 18483 COMMISSIONER WILLIAMS: A couple days ago, I don't know if you were here when CBC was presenting, but they brought a small AM receiver with them and turned it on as part of their presentation to demonstrate that their signal could not be heard within a foot of where you are sitting.
LISTNUM 1 \l 18484 Did you see that?
LISTNUM 1 \l 18485 MR. HUGHES: No, unfortunately I wasn't here. It doesn't terribly surprise me. There is a tremendous amount of ‑‑ this is a steel‑beamed superstructure that we are in and perhaps it is not ‑‑ but I live in a 22‑floor apartment building which is similar to this; never had any trouble.
LISTNUM 1 \l 18486 By the way, I should mention that myself and my friends, because I quizzed them about it, are listening on small ‑‑ often listening on small battery‑operated radios, clock alarm type radios, you know, very low quality radios. It comes in clear as a bell.
LISTNUM 1 \l 18487 Now, granted on a big tuner, especially if you are listening to cable, it comes in clear as a bell. But I have never had any trouble receiving CBC AM.
LISTNUM 1 \l 18488 COMMISSIONER WILLIAMS: It's interesting because after that demonstration one of our team went up to their hotel room and turned on their clock radio like you described, and it did come across in that particular location as the clearest signal on the AM band by far.
LISTNUM 1 \l 18489 MR. HUGHES: Yes.
LISTNUM 1 \l 18490 COMMISSIONER WILLIAMS: So it may be just in different areas or maybe there was something wrong with the radio, I'm not sure.
LISTNUM 1 \l 18491 All right. Thank you, Mr. Hughes. That is my question.
LISTNUM 1 \l 18492 MR. HUGHES: Thank you.
LISTNUM 1 \l 18493 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 18494 Mr. Hughes, this country of ours being what it is, the democracy, I am sure your friendship with Mr. Gaze will survive the difference in opinion.
LISTNUM 1 \l 18495 MR. HUGHES: Thank you very much.
LISTNUM 1 \l 18496 THE CHAIRPERSON: Thank you. And thank you for taking the time.
LISTNUM 1 \l 18497 MR. HUGHES: Thank you for hearing me.
LISTNUM 1 \l 18498 THE SECRETARY: Thank you.
LISTNUM 1 \l 18499 We will now hear the presentation of Gabriola Radio Society.
‑‑‑ Pause
LISTNUM 1 \l 18500 THE SECRETARY: Please introduce yourself and you have 15 minutes.
INTERVENTION
LISTNUM 1 \l 18501 MR. ZAKRESKI: Madam Chair, Commissioners, staff, we are here to request that the Commission not award the last channel that will service Gabriola Island with an FM service without considering the need for a local non‑commercial service and the work we have done so far to establish one, please.
LISTNUM 1 \l 18502 Thank you for permitting us to address the Commission with our concerns.
LISTNUM 1 \l 18503 Je m'appel Ken Zakreski. I am the developer for the proposed CIUF‑FM Gabriola Co‑Op Radio, GCR.
LISTNUM 1 \l 18504 I currently am self‑employed as the proprietor for Permanent Press Publishing. I formerly have published PEER Magazine serving the Nanaimo market with a for‑profit print publication; prior to that worked as President of the Campus Newspaper and its Business Manager while attending Malaspina University College where I obtained my undergraduate degree in business.
LISTNUM 1 \l 18505 I am the developer and was the developer at that college for CHLY Radio Malaspina.
LISTNUM 1 \l 18506 We are determined, with the permission of the Commission, to establish a not‑for‑profit community radio undertaking with studios and offices on Gabriola Island owned by the community, operated by volunteers and managed by a small dedicated staff. It is our goal to serve our community with local programming created by residents, free from the censorship of market forces.
LISTNUM 1 \l 18507 MR. MOHER: I am Frank Moher. I am a playwright and a journalist living on Gabriola Island.
LISTNUM 1 \l 18508 Today we will brief you on the support for a Gabriola Island station, the state of our application, options the Commission has regarding Gabriola Radio as an applicant and preferred actions the Commission might take.
LISTNUM 1 \l 18509 As mentioned in our comments submitted to the Commission, I would like to speak about the support shown first by the artistic community for Gabriola Radio.
LISTNUM 1 \l 18510 According to a recent report funded by the Canada Council for the Arts, Gabriola is currently ranked sixth nationwide in terms of concentration of artists in the community. It is home to the 2007 Governor General award‑winning author Iain Lawrence, B.C. book prize recipient Katherine Gordon, Juno award‑winning singer/songwriter Gary Fjellgaard and B.C. lifetime achievement recipient actor Anthony Holland, among many others.
LISTNUM 1 \l 18511 Gabriola will provide more than enough material from these artists and many other voices to fill our airwaves.
LISTNUM 1 \l 18512 These senior artists have also been working alongside the Island's emerging artists to benefit the Gabriola Radio Society. A full‑time community radio station will support such mentoring roles for artists on a continuing basis and provide a forum for their work. And the success of sales of CDs released from three recent GRS fundraising concerts, not to mention the concerts themselves, is an indicator of the eagerness of the community at large to work together for this common goal.
LISTNUM 1 \l 18513 I would like to move on now to the state of our application.
LISTNUM 1 \l 18514 Since 2002 Gabriola Co‑Op Radio has been working hard to fund raise, create organizational structures and policies and determine an appropriate set of broadcast parameters for its own FM radio station.
LISTNUM 1 \l 18515 We have also previously submitted comments regarding other broadcasting applications that might affect the work of the GCR.
LISTNUM 1 \l 18516 It is with a great sense of accomplishment that GCR completed the CRTC portion of the application for a community FM broadcasting licence. The residents of Gabriola Island have told us both in words and in deeds that they will work diligently and with passion to voice our community's unique sensibility.
LISTNUM 1 \l 18517 We have not been able to complete the required Industry Canada technical brief due to changing circumstances related to the applications before you in this proceeding. This is frustrating for us because we now have all the necessary infrastructure, funds and community support in place to proceed with our project.
LISTNUM 1 \l 18518 I will now ask Ken to speak to the engineering aspects of the project.
LISTNUM 1 \l 18519 MR. ZAKRESKI: We are now working with Grant McCormick, professional engineer, to develop a brief. While we were working with another broadcast consultant for many years, he worked slowly and was unable to complete the research we required to attend to all the technical and geographical considerations, select a suitable channel and submit our engineering brief before you received the applications under consideration in this proceeding.
LISTNUM 1 \l 18520 Despite ongoing research, we have not found a set of parameters that will completely service our community.
LISTNUM 1 \l 18521 It is important to note two points.
LISTNUM 1 \l 18522 B.C. is not flat, which introduces extra limitations in terms of coverage.
LISTNUM 1 \l 18523 Spectrum is scarce on the west coast. We are located just outside of Vancouver. So we are just outside.
LISTNUM 1 \l 18524 Currently there is a short list of challenges we have to overcome. Gabriola is close to a major market, Vancouver. Channels available are being applied for and being awarded as we research them. The CBC may be awarded all three channels they seek.
LISTNUM 1 \l 18525 It is uncertain whether the CBC will go ahead with plans to construct a tower on Gabriola. Tower sites zoned on Gabriola are not designed to serve Gabriola as a broadcaster, but to broadcast away from Gabriola.
LISTNUM 1 \l 18526 This goes back to the 1930s when the AM just started.
LISTNUM 1 \l 18527 Residents have raised concerns about the proximity of a tower site and there still is uncertainty whether the CBC will be amenable to a trivial change in tower site location. At A‑1 power we will not be able to reach all of our community without using repeaters, but some frequencies will allow more effective coverage than others.
LISTNUM 1 \l 18528 If Gabriola Co‑Op Radio doesn't have an approved channel, it is uncertain whether the community will permit the required re‑zone to allow a tower site to be built on Gabriola.
LISTNUM 1 \l 18529 The local government on Gabriola decides rezoning even though it is a federal responsibility. I have been assured by Industry Canada that they do seek input from the local government when deciding tower site zoning.
LISTNUM 1 \l 18530 I want to comment just briefly on our intervention per se.
LISTNUM 1 \l 18531 We did not support or oppose the CBC's application. We would like to work with the CBC. Our comment was submitted as a comment for the Commission to consider. We did not oppose, we did not support the CBC's application.
LISTNUM 1 \l 18532 When we were prepared to develop partnerships with other broadcasters, the CBC has come forth with a plan that would see Gabriola broadcast on its tower for an agreeable licence fee. We would desire a situation where the application for the CBC could go ahead so that they are interested in building the tower and at the same time have a channel available for Gabriola for its community efforts.
LISTNUM 1 \l 18533 Options the Commission has regarding Gabriola Radio as an applicant.
LISTNUM 1 \l 18534 Our engineer has been researching options for alternate channels, but they are problematic.
LISTNUM 1 \l 18535 One, they require permission for first adjacent interference by an existing broadcaster.
LISTNUM 1 \l 18536 Also, another channel is subject to approval during the Chilliwack portion of this hearing. I will be addressing the Commission again during the Chilliwack portion of this hearing.
LISTNUM 1 \l 18537 If no other channels are technically approved by Industry Canada that would service Gabriola, the Commission could permit the CBC to broadcast CBC via FM on 98.7, deny all current applicants use of 104.1 and reserve it for Gabriola as a community broadcaster, which could then apply for 104.1.
LISTNUM 1 \l 18538 Two, the Commission could deny all current applicants use of 98.7 and reserve it for Gabriola to apply as a community broadcaster.
LISTNUM 1 \l 18539 Three, the Commission could consider Gabriola's use of 104.1 at reduced parameters, which may permit Vancouver use, Vancouver applicant use, as well, but would mean applicants intending to use 104.1 at parameters that would preclude concurrent use by Gabriola would have to be denied.
LISTNUM 1 \l 18540 If a channel exists that would be suitable for Gabriola but is yet to be approved for use by Industry Canada, the Commission could delay the decision from this hearing until our Gabriola application is resubmitted and its Industry Canada brief is technically approved.
LISTNUM 1 \l 18541 Five, we would agree to any fair process that the Commission can suggest to ensure that the last channels in the area are not allocated without first considering whether and how Gabriola residents can receive local community radio service.
LISTNUM 1 \l 18542 And now Frank.
LISTNUM 1 \l 18543 MR. MOHER: In conclusion, commercial applicants often speak of underserved markets and the Commission often speaks of diversity. Gabriola has no locally produced community radio service, despite significant local support and interest in having the service and despite considerable work toward establishing it.
LISTNUM 1 \l 18544 We also look forward to working with other communities, including those on the islands of Galiano and Salt Spring to create a service embracing all the Gulf Islands.
LISTNUM 1 \l 18545 Community radio is essential to ensure that listeners have access to diverse content and editorial perspectives. We ask you to provide a structure whereby independent community applicants receive a priority in allocation of licences and frequencies. Please ensure communities like Gabriola have local, non‑commercial radio options.
LISTNUM 1 \l 18546 Having briefed you on the support for our station, the state of our application, the options before you and the preferred actions you might take, we thank you for your time and welcome your questions.
LISTNUM 1 \l 18547 THE CHAIRPERSON: Thank you, Mr. Zakreski.
LISTNUM 1 \l 18548 I'm sorry, I got your first name Frank, but I missed your last name.
LISTNUM 1 \l 18549 MR. MOHER: Moher.
LISTNUM 1 \l 18550 THE CHAIRPERSON: Moher, all right.
LISTNUM 1 \l 18551 My main questions were your submissions in your written intervention and today your presentation are very full and there have also been very full replies to your interventions.
LISTNUM 1 \l 18552 So my one remaining question had been the status of your application. It is quite clear where it is now, which is really it's at the Industry Canada stage.
LISTNUM 1 \l 18553 Is that correct?
LISTNUM 1 \l 18554 MR. ZAKRESKI: We have secured the services of Grant McCormick to provide professional engineering preparation of the brief.
LISTNUM 1 \l 18555 THE CHAIRPERSON: Yes.
LISTNUM 1 \l 18556 MR. ZAKRESKI: We are currently looking at the problems of finding a channel to service our community.
LISTNUM 1 \l 18557 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18558 MR. ZAKRESKI: At A‑1 parameters there is no channel available that will provide complete coverage to our community and we are not looking at, you know, undertaking a large area outside of our intended coverage area. Our coverage area has been indicated clearly on our website since we started the process. We have not changed it. It is the community that we wish to service.
LISTNUM 1 \l 18559 Basically, it is Gabriola and that parts of Nanaimo that are easily reachable. Nanaimo is sort of a dish going up a hill. Many residents often attend to Nanaimo for their needs, and we would like to be able to communicate to them, especially the ferry lineup.
LISTNUM 1 \l 18560 THE CHAIRPERSON: All right.
LISTNUM 1 \l 18561 I don't have further questions because your written submissions have dealt with all the ‑‑ you have anticipated the questions.
LISTNUM 1 \l 18562 My colleagues don't either, so I thank you very much for coming this way to present your intervention in person.
LISTNUM 1 \l 18563 MR. ZAKRESKI: Thank you.
LISTNUM 1 \l 18564 MR. MOHER: Thank you for your time.
LISTNUM 1 \l 18565 THE SECRETARY: Thank you.
LISTNUM 1 \l 18566 I will now ask Music B.C. Industry Association.
‑‑‑ Pause
LISTNUM 1 \l 18567 THE SECRETARY: Please introduce yourself and you have 10 minutes.
INTERVENTION
LISTNUM 1 \l 18568 MR. D'EITH: Hello again. My name is Bob D'Eith. I am the Executive Director of Music B.C.
LISTNUM 1 \l 18569 I very much appreciate you giving me two times to talk.
LISTNUM 1 \l 18570 If you remember, yesterday I was focusing primarily on the Jim Pattison CCD program, so today I am going to focus on general issues and also on the other applicants who are supporting Music B.C.
LISTNUM 1 \l 18571 I just wanted to state that we are not endorsing one applicant over another. We work with most of the broadcasters in Canada and we are primarily speaking to the Canadian Content Development Programs that are being proposed that we are involved with.
LISTNUM 1 \l 18572 One thing I would like to say off the top as well is we are very, very supportive of FACTOR. We are actually the FACTOR affiliate office for British Columbia. But FACTOR is spread very thin in terms of they have to take care of the entire country, and what we find is a lot of the young and emerging artists, there is a five or 10 per cent success rate for applicants across the country.
LISTNUM 1 \l 18573 So really, while FACTOR does serve the country very well, there is a huge need in British Columbia for additional funds here to help emerging artists in addition to supplement FACTOR.
LISTNUM 1 \l 18574 So I would encourage the CRTC to look at a Vancouver‑based applicant in terms of supporting local initiatives and local emerging artists. I think that is very important because 60 per cent is already going to FACTOR, and we would very much support any CCD programs that are staying local.
LISTNUM 1 \l 18575 Again, I would just like to reiterate our thanks to the CRTC for recognizing the music industry associations in the radio review for being recipients of CCD monies and encouraging broadcasters to have relationships with the provincial Music Industry Associations.
LISTNUM 1 \l 18576 I just wanted to firstly outline what our current relationship is with broadcasters.
LISTNUM 1 \l 18577 We already have worked with Standard, which is now Astro, The Beat, Jim Pattison Broadcasting, OK Broadcasting, CHUM‑FM, many of the broadcasters over the last seven or eight years and have developed I think a very good relationship with the broadcasters in providing Canadian content programs.
LISTNUM 1 \l 18578 I think that we would respectfully ask the CRTC to please encourage broadcasters to use Music B.C. for administering their programs. I could say that I think we are in the best position to administer programs and the reason is we are non‑profit. We are completely, utterly dedicated to developing emerging artists. That is what we do.
LISTNUM 1 \l 18579 We can encourage that funds stay local and that the funds are actually used for developing artists and not for marketing the radio station, which sometimes happens with Canadian Content Development monies.
LISTNUM 1 \l 18580 We also can leverage every dollar. One thing we do is for every dollar that we get, we will often leverage that money. I will give you an example.
LISTNUM 1 \l 18581 We did a tour program of British Columbia called a Get Out Of Town Tour, and we were able to involve Jim Pattison, OK Broadcasting, along with the provincial government and other sponsors. So we actually leveraged the money we get.
LISTNUM 1 \l 18582 So as a non‑profit we don't just take the money; we also can turn that dollar into five or ten because we can work with other partners. So we are in that position where we can do that.
LISTNUM 1 \l 18583 The other issue is we can often get a bigger bang for the buck, so to speak. For every dollar that we get, if I go to a studio for recording fund, I can often get a preferred rate at the studio because we are non‑profit. If a radio station goes, well, they're going to pay book rate. So we can often get more value for that money is well.
LISTNUM 1 \l 18584 So there are a lot of reasons why it is a good idea for radio stations and broadcasters to use the MIAs and Music B.C.
LISTNUM 1 \l 18585 I think five of the applicants took that to heart this time, so five of the applicants have involved Music B.C. SKY‑FM has proposed a $1,720 per annum increasing over the seven years in discretionary funds just to Music B.C.
LISTNUM 1 \l 18586 SHORE‑FM have allocated $10,000 per annum for discretionary funds to be used as B.C. desires.
LISTNUM 1 \l 18587 The Planet has set forth $70,000 per annum as discretionary funds for Music B.C. programs.
LISTNUM 1 \l 18588 Astral has set forth $70,000 per annum for an emerging artist touring program to be administered by Music B.C.
LISTNUM 1 \l 18589 And of course, as you heard yesterday, Jimmy Pattison Group have dedicated $755,700 per annum, plus $50,000 per annum for our MTAP program for their peak performance program.
LISTNUM 1 \l 18590 We would like to actually encourage the CRTC to actually license the two FM licences. If you allow the Jimmy Pattison Group to have their AM/FM flip, we could actually double the CCD contributions. I mean, if they are putting in $12 million and we get another FM licence, we could have up to $20 million in CCD funding, which would be absolutely wonderful to the music community and to the industry.
LISTNUM 1 \l 18591 So that is one opinion.
LISTNUM 1 \l 18592 I would just like to go back and discuss some of the programs.
LISTNUM 1 \l 18593 The Planet originally came to us, and that is 0785330 B.C. Ltd. They came to us and asked us, "What you need?" And we said, "We need sustained funding."
LISTNUM 1 \l 18594 One of the problems with all the music industry associations is we have a difficulty sustaining ourselves because programs change and policies change and we have to eke out an existence. Having the funds as they propose, $70,000 a year over seven years, would help Music B.C. to sustain itself over a seven‑year period. It is something that we have lacked in the last 15 years, 18 years. Those types of programs are great.
LISTNUM 1 \l 18595 What it will do is it will help enhance our programs that exist. We have scholarship funds and instrument programs and demo programs and marketing programs for emerging artists. We have compilation CDs for emerging artists. We have a career development series. We have a directory. We have a resource library.
LISTNUM 1 \l 18596 But all of these things can't happen unless we can sustain the organization. So really we are very encouraged by The Planet's understanding of that need, and when they came to us with that we welcomed that with open arms.
LISTNUM 1 \l 18597 Astral came to us as well and they said, "What program would be great for you?" We pointed out that we had done a successful touring program where we were actually able to tour a number of artists together and get economies of scale; where we could have three or four artists touring together. They can share marketing, they can share their fan bases and we can use all those things to leverage the artist careers and then also have the money to market it.
LISTNUM 1 \l 18598 So the Astral program is designed with that in mind, and we would be able to have two of those kind of tours a year.
LISTNUM 1 \l 18599 The other thing that is of note in that application is the leverage issue, where we are proposing that we should be able to go to the provincial government or other sponsors to double that money and probably even enhance more what the emerging artist can do.
LISTNUM 1 \l 18600 So in conclusion, I would like to say that everything that Music B.C. does is helping emerging artists. That is what we do. Any of these CCD programs that would help us will help them.
LISTNUM 1 \l 18601 Also, a lot of these programs that are being proposed will also help stabilize Music B.C., which really helps the community, because with a strong Music B.C. then we can go out and really do our job for emerging artists and for the industry.
LISTNUM 1 \l 18602 So thank you very much for your time.
LISTNUM 1 \l 18603 THE CHAIRPERSON: Commissioner Cugini, please.
LISTNUM 1 \l 18604 COMMISSIONER CUGINI: Thank you, Mr. D'Eith.
LISTNUM 1 \l 18605 I really don't have any questions for you because your presentation yesterday and of course your presentation this morning are quite clear.
LISTNUM 1 \l 18606 I am sure that the broadcasters are very appreciative of your fair and unbiased support for those who have made CCD contributions and specifically to those who have made it to Music B.C.
LISTNUM 1 \l 18607 We like to think that they always listen to us and they take a hint from our Commercial Radio Policy, but I also think that it is a clear demonstration of the respect, that is the mutual respect, between those broadcasters and what Music B.C. does.
LISTNUM 1 \l 18608 So I think hats off to you as well.
LISTNUM 1 \l 18609 MR. D'EITH: Thank you very much.
LISTNUM 1 \l 18610 COMMISSIONER CUGINI: Thank you, Madam Chair.
LISTNUM 1 \l 18611 THE CHAIRPERSON: I just had one question as you were making your presentation.
LISTNUM 1 \l 18612 What are your efforts in terms of making the same pitch to all of the different broadcasters and have they been receptive?
LISTNUM 1 \l 18613 MR. D'EITH: Oh, in terms of the ‑‑ well, we had an open door policy with all the broadcasters. If any of the broadcasters that were making an application for this FM licence had come to us, we would have worked with them. Some chose not to. Some chose to work with us on a smaller level and some went in full bore, and everything in between.
LISTNUM 1 \l 18614 But this is really the first time this has happened, and I think it has a lot to do with the Radio Review and the encouragement ‑‑ I hope that is what happened. They saw, hey, you know, if we work with Music B.C., that might be favourable because the CRTC sees that as favourable.
LISTNUM 1 \l 18615 I think that this is the first time that we have done this and I hope that next time all the applicants will come to us. That is what would be the hope. Of course, we have an open door.
LISTNUM 1 \l 18616 I like to say we are Switzerland, you know, because we work with all of the broadcasters. We actually have broadcasters on our board that sit in the same room and work with us for emerging artists. It is wonderful. You know, we can bring parties together that are often in competition in a neutral area to help the industry, and I think that message is starting to get out there.
LISTNUM 1 \l 18617 THE CHAIRPERSON: I take it you must proactively go out there and just tell the broadcasters to, hey, just think of me all the time.
LISTNUM 1 \l 18618 MR. D'EITH: We are trying to do that more. One of the problems I guess with the process is that we don't always know who is applying and so we would have to sort of guess and sort of throw our net out.
LISTNUM 1 \l 18619 In this case we didn't know everybody who was going to apply, and then by the time they applied the CCD programs are sort of spoken for and you kind of take what you can get.
LISTNUM 1 \l 18620 So we are trying our best to have constant dialogue with the broadcasters and build those relationships. And I think the more programs that we do with the discretionary CCD funds, the more they will see that we do a good job and that we help the artists. And then when they do do their dedicated programs, they will come to us.
LISTNUM 1 \l 18621 I think that will come over time.
LISTNUM 1 \l 18622 THE CHAIRPERSON: All right. Thank you very much for taking the time to participate.
LISTNUM 1 \l 18623 MR. D'EITH: Thank you very much.
LISTNUM 1 \l 18624 THE SECRETARY: Thank you.
LISTNUM 1 \l 18625 We will now hear the last intervenor, NCRA, The National Campus and Community Radio Association.
‑‑‑ Pause
LISTNUM 1 \l 18626 THE SECRETARY: Please introduce yourself and you have 10 minutes. Thank you.
INTERVENTION
LISTNUM 1 \l 18627 MS ZALTZ: Good morning. My name is Freya Zaltz. I am Vice‑President of the National Campus and Community Radio Association and a volunteer board member at CFUV‑FM in Victoria, B.C.
LISTNUM 1 \l 18628 The National Campus and Community Radio Association is a not‑for‑profit organization committed to volunteer‑based community and campus radio broadcasting in Canada. It works to advance the role and increase the effectiveness of community access broadcasting. It provides information and networking services to its 53 member stations, represents the interests of the sector and promotes public awareness and appreciation for community and campus radio.
LISTNUM 1 \l 18629 The NCRA filed an intervention concerning two applications by the CBC to use three frequencies in the Gabriola and Nanaimo areas to provide better coverage to Vancouver Island and the Sunshine Coast.
LISTNUM 1 \l 18630 In principle we are not opposed to the approval of these applications. However, we are concerned that the use of what may be the last three remaining frequencies in the area suitable for A‑1 use means that Gabriola Community Radio, GCR, a member of our association, may be effectively precluded from obtaining a broadcasting licence. The proposed signals of other applicants in this proceeding may also cause difficulty for GCR depending on their technical parameters and the combination of applicants the Commission chooses to license.
LISTNUM 1 \l 18631 So I hope you will consider the points I am raising here in the context of the proceedings of the whole.
LISTNUM 1 \l 18632 The issues here relate to the Commission's policies regarding licensing priorities, low‑power licensing and spectrum allocation and that is what I will address in my submission today.
LISTNUM 1 \l 18633 Paragraph 3(1)(b) of the Broadcast Act describes the Canadian broadcasting system as comprising public, private and community elements. From our perspective, this means that one of the Commission's responsibilities is to ensure that all three elements can coexist in as many Canadian markets as possible.
LISTNUM 1 \l 18634 The recent Diversity of Voices decision highlights the importance of ensuring that communities are served by all three complementary elements whenever possible so that listeners are exposed to a variety of editorial voices and programming content.
LISTNUM 1 \l 18635 As you may know, not‑for‑profit radio organizations often take years to accomplish what for‑profit corporations can do in mere weeks or months. This is because the work is done by volunteers, often busy with full‑time jobs and family commitments.
LISTNUM 1 \l 18636 But despite a serious lack of stable funding sources in Canada, they provide what is, in many cases, the sole independent media voice for their communities. This includes diverse spoken word and music content, coverage of local issues and public affairs and an opportunity for minority voices to be heard.
LISTNUM 1 \l 18637 They also create unique community development opportunities by providing a forum to debate divergent perspectives on local issues and educational opportunities for community members to learn about broadcasting.
LISTNUM 1 \l 18638 GCR is no exception to this. The Society has been working for six years to develop partnerships, create policies and plans, deal with logistics like selecting a tower location, planning studio construction, equipment purchases, conducting community outreach and fund raising. Eventually, they may like to collaborate with other Gulf Islands, none of which have local community radio service yet.
LISTNUM 1 \l 18639 But they have not yet managed to complete an engineering brief, and this is not for lack of preparation but because they have been wrestling with the difficulty of finding both a suitable antenna location and a suitable frequency. The CBC applications, and others, have now added to their difficulty.
LISTNUM 1 \l 18640 One possible responses for the CRTC to deny CBC and others in this proceeding the use of one of the three frequencies unless their technical parameters would allow GCR to use the same one without undue interference. In particular, we understand that GCR could most effectively serve the population of Gabriola island using 104.1 or 98.7 FM. If neither frequency is available to them, any remaining options would likely provide limited coverage to the Island and/or interference with other broadcasters.
LISTNUM 1 \l 18641 So assuming that these are the last remaining frequencies available in the area that could accommodate an A‑1 or B‑1 broadcaster, we asked the Commission to consider who should be given priority.
LISTNUM 1 \l 18642 Should be a CBC repeater to serve an area that arguably already receives CBC service? Should it be a commercial broadcaster? Or should it be a non‑commercial service where there is local support for one?
LISTNUM 1 \l 18643 As a matter of policy, we suggest that the establishment of a non‑commercial service where one does not yet exist should take precedence in the allocation of the last available frequency.
LISTNUM 1 \l 18644 If both CBC applications are approved, we understand that GCR's options will be as follows:
LISTNUM 1 \l 18645 One, find an A‑1 frequency that will serve the entire island and will not interfere with any existing or proposed broadcaster. Their engineer believes that this is impossible.
LISTNUM 1 \l 18646 Two, find an A‑1 frequency that may serve only a portion of Gabriola residents and may require minor technical amendments by the CBC or that may cause minor interference with the CBC signal or that of another existing broadcaster.
LISTNUM 1 \l 18647 Three, find a low‑power FM frequency that falls into either of the two previous categories. This option would create serious coverage limitations and is far from ideal.
LISTNUM 1 \l 18648 If option number two is possible, we ask that the Commission strongly encourage and support the CBC and any other affected broadcaster to work with GCR in four ways. We understand that CBC has agreed already to help in these areas.
LISTNUM 1 \l 18649 First, make minor technical amendments if needed to permit GCR to use an adjacent frequency.
LISTNUM 1 \l 18650 Second, to accept a small degree of interference with their protected contours if no other options exist.
LISTNUM 1 \l 18651 Three, to provide space on their proposed Gabriola tower for GCR's antenna.
LISTNUM 1 \l 18652 And four, to provide other technical assistance or support to help ensure that both services can coexist on Gabriola island.
LISTNUM 1 \l 18653 We also ask the Commission to re‑examine its policies in two key areas.
LISTNUM 1 \l 18654 The first is that of licensing priority, as I mentioned earlier. As we argued in the Diversity of Voices proceeding, in an era of increasing spectrum scarcity, we believe a policy is needed to ensure that communities can develop a community radio service if one does not yet exist or obtain a protected A‑1 frequency for an existing developmental or low‑power service.
LISTNUM 1 \l 18655 This would require some form of frequency or licence reservation in each market and a limit on the number of licences the Commission can approve in markets where spectrum scarcity is an issue and a protected community radio broadcaster does not yet exist.
LISTNUM 1 \l 18656 Ideally, the Commission would work with Industry Canada to estimate the number of frequencies remaining in each market, reserve one or more for community use and ensure that the last frequency is not awarded to a commercial or public applicant if it would preclude establishing a community radio service.
LISTNUM 1 \l 18657 It may also require dialogue with other regulatory bodies like the FCC to ensure that new protections granted in Canada are respected by American broadcasters.
LISTNUM 1 \l 18658 It is worth noting that in the U.S., New Zealand and Australia, the lower portion of the FM band has been reserved for many years for exclusive use by non‑commercial broadcasters, and in the absence of a similar mechanism in Canada we encourage you to take alternate measures now to ensure that communities can be served by all three elements of the broadcasting system.
LISTNUM 1 \l 18659 It is also important to note that community broadcasters, due to their financial position, may not be able to access emerging technologies and may remain dependent on traditional FM broadcasting equipment and the existing range of FM frequencies for sometime to come.
LISTNUM 1 \l 18660 The second policy area we would like to see re‑examined is regarding low‑power FM in light of option number three that I mentioned a few moments ago.
LISTNUM 1 \l 18661 Recently, several community radio stations have been bumped or are at risk of being bumped for their unprotected low‑power frequencies by commercial broadcasters who have applied for the same frequency. This causes undue hardship for low‑budget volunteer‑run stations that must quickly find a new frequency, complete an application, fund raise for new equipment, notify their listeners of the change, and so on.
LISTNUM 1 \l 18662 In a climate of spectrum scarcity, community broadcasters are having an increasingly difficult time finding suitable A‑1 frequencies to move to when bumping occurs. This is particularly so because financial constraints limit them to low‑cost tower locations. It does not make sense for these stations to move to another low‑power frequency if it leaves them vulnerable to being bumped again in future.
LISTNUM 1 \l 18663 And consider also that in small, compact communities, community radio broadcasters may be able to reach their desired population adequately with low‑power and that is not the case in Gabriola. But in general sometimes the only reason these broadcasters apply for A‑1 frequencies is to achieve protection and not because high power is necessary to accomplish their goals.
LISTNUM 1 \l 18664 But neither GCR nor any other community broadcaster would consider it good use of their funds to apply for a low‑power licence if it is likely that they would be bumped from their frequency, particularly if there is nowhere to move to.
LISTNUM 1 \l 18665 Therefore, if GCR cannot find a suitable A‑1 frequency and is left with only a low‑power option, we ask the Commission to make an exception to the low‑power policy by providing frequency protection. We also ask that you make a similar exception on a case‑by‑case basis in the future where it would enable small community broadcasters to begin or continue broadcasting without future undue hardship.
LISTNUM 1 \l 18666 This is my comment a moment ago about cooperation with the FCC. This is where it would be necessary so they would recognize this protection.
LISTNUM 1 \l 18667 The Commission has indicated in the past that it recognizes the importance of independent community radio stations. We are grateful for your recent recognition of the Community Radio Fund of Canada as an eligible recipient of CCD benefits to support the work of these broadcasters.
LISTNUM 1 \l 18668 Now we ask you to take policy steps to protect them and enable their creation.
LISTNUM 1 \l 18669 In closing, we ask you to consider Gabriola Co‑Op Radio's request for support and also to develop mechanisms to support and enable other community broadcasters in future. Thank you.
LISTNUM 1 \l 18670 THE CHAIRPERSON: Commissioner Duncan, please.
LISTNUM 1 \l 18671 COMMISSIONER DUNCAN: Thank you for your comments. They are certainly detailed.
LISTNUM 1 \l 18672 I'm sure you appreciate that we are not doing a policy review and apparently did make a presentation at the Diversity of Voices proceeding. There is, I believe, a community broadcasting review coming up later this year, and so you have an opportunity there.
LISTNUM 1 \l 18673 So for right now we can only deal with the rules that we have.
LISTNUM 1 \l 18674 The Gabriola Society did make a very effective presentation earlier, which I'm sure you heard.
LISTNUM 1 \l 18675 I guess the concern is what is reasonable or how long do you think it is reasonable for us to delay, given the context that we are working in now, that the rules are not such that you recommend, as you recommended?
LISTNUM 1 \l 18676 MS ZALTZ: You are asking me for an estimate of how long you should delay while you wait for Gabriola?
LISTNUM 1 \l 18677 COMMISSIONER DUNCAN: Yes. I'm asking what you think is reasonable.
LISTNUM 1 \l 18678 I know you are proposing that there should be a rule that the last frequency not go to a commercial, or CBC, if the community radio is not in place, but that rule is not in place now. Gabriola have asked us to delay our decision until they have a chance to get their engineering report together.
LISTNUM 1 \l 18679 So I'm wondering how long do you think it is reasonable, given we have all these applications and we do have many with community support ‑‑ how long do you think it is reasonable to expect we could wait or should wait?
LISTNUM 1 \l 18680 MS ZALTZ: Well, if it's all right, I would like to speak to what the logistical issues are for Gabriola Community Radio.
LISTNUM 1 \l 18681 If they pay their engineer to complete a brief for a 104.1 or 98.7, which they would like to use, and you deny them the use of those frequencies, that is a significant chunk of money that they will have spent out of their fund raising revenue to create a brief that is not useful.
LISTNUM 1 \l 18682 If they submit a brief to you for an alternate channel and it is approved, that is not really what they want because they will be compromising on the kind of service that they can provide to their community.
LISTNUM 1 \l 18683 So I think what they would prefer to do is have you decide and decide to reserve one of those frequencies and not allocate it to the other applicants, and then they would complete their engineering brief afterwards so they are not wasting money in doing it just in case.
LISTNUM 1 \l 18684 Otherwise, if you really were to delay and wait for them, they now have to decide if it is better use of money to apply for one they think they are unlikely to get our better use of money to apply for one that doesn't give them what they want.
LISTNUM 1 \l 18685 So I'm not really sure how to answer the amount of time that would help them figure that out.
LISTNUM 1 \l 18686 COMMISSIONER DUNCAN: Because I noticed that you did say that they had been ‑‑ and it is the result of the type of association they are. But they have been working for six years to get to this point.
LISTNUM 1 \l 18687 So it would certainly be a concern for us at this point, having had this proceeding, this call go this far, to delay to give them some unspecified amount of time to apply and compete with what we already have in front of us.
LISTNUM 1 \l 18688 Anyway, I do appreciate your comments and perhaps some of the others, Madam Chair, might have some questions.
LISTNUM 1 \l 18689 THE CHAIRPERSON: No. We do appreciate your intervention. It is a very difficult situation, as we can all appreciate. We appreciate the time that you have taken to participate.
LISTNUM 1 \l 18690 Thank you.
LISTNUM 1 \l 18691 MS ZALTZ: Thank you very much for the opportunity. We recognize that you are not making policy decisions here, but we think it is important to raise them as issues that have arisen that we would like to see addressed in future, because we think that these kinds of situations will arise more and more as the spectrum becomes increasingly full in all parts of the country.
LISTNUM 1 \l 18692 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 18693 THE SECRETARY: Thank you.
LISTNUM 1 \l 18694 This concludes Phase III, which is a list of appearing interveners.
LISTNUM 1 \l 18695 We will take one hour and a half for lunch, so we will be back at one o'clock with Phase IV.
LISTNUM 1 \l 18696 Thank you.
‑‑‑ Upon recessing at 1135 / Suspension à 1135
‑‑‑ Upon resuming at 1300 / Reprise à 1300
LISTNUM 1 \l 18697 THE SECRETARY: Please take a seat.
LISTNUM 1 \l 18698 We will now proceed to Phase IV in which applicants can reply to all the interventions submitted on their application. Applicants appear in reverse order.
LISTNUM 1 \l 18699 We will now hear Mr. Matthew Gordon McBride for his application. You have 10 minutes.
LISTNUM 1 \l 18700 Thank you.
REPLY / RÉPLIQUE
LISTNUM 1 \l 18701 MR. McBRIDE: Thank you, Madam Chair and Commissioners. I will not take 10 minutes to respond to the interventions.
LISTNUM 1 \l 18702 I have a remark on one intervener and that is the intervention on behalf of Frank Torres and his application.
LISTNUM 1 \l 18703 If the Commission sees fit to approve my application for CKPM‑FM in Port Moody, I would be very pleased to have the MuddCats appear at our launch party, and I will right now extend them an opportunity to make a submission for our playlist there and they are welcome to have an addition to the playlist on any radio station that I currently operate as of today.
LISTNUM 1 \l 18704 I would extend the same thing to Tom Lavin but I already have him covered.
LISTNUM 1 \l 18705 Outside of that, I have no further comments, Commissioners. I wish to thank all of the residents and supporters of the Tri‑Cities for their enthusiasm for this radio station and I hope that you have captured some of that sense.
LISTNUM 1 \l 18706 I thank the Commission first for hearing our request for this station, and I give you my best in the decisions most difficult that I am certain you will face in the coming days and weeks.
LISTNUM 1 \l 18707 Thank you again for the opportunity to appear.
LISTNUM 1 \l 18708 THE CHAIRPERSON: Thank you, Mr. McBride, for taking the time to reply.
LISTNUM 1 \l 18709 I'm sorry, Mr. McBride, legal has questions.
LISTNUM 1 \l 18710 MS PINSKY: I'm sorry, I just have one question to clarify for the record.
LISTNUM 1 \l 18711 You have committed to a minimum of 25 per cent of the Cat. 3 music level based on jazz and blues.
LISTNUM 1 \l 18712 Is that correct?
LISTNUM 1 \l 18713 MR. McBRIDE: Yes.
LISTNUM 1 \l 18714 MS PINSKY: I just wanted to confirm for the record that you would be willing to commit to a condition of licence of a minimum of 25 per cent of that category?
LISTNUM 1 \l 18715 MR. McBRIDE: We will accept that, yes.
LISTNUM 1 \l 18716 MS PINSKY: Thank you.
LISTNUM 1 \l 18717 THE CHAIRPERSON: Sorry about that. Thank you.
LISTNUM 1 \l 18718 THE SECRETARY: Thank you.
LISTNUM 1 \l 18719 I would now ask Frank Torres to come to the presentation table.
‑‑‑ Pause
LISTNUM 1 \l 18720 THE SECRETARY: Please introduce yourself and you have 10 minutes.
REPLY / RÉPLIQUE
LISTNUM 1 \l 18721 MR. ED TORRES: We just have an audio presentation that we are going to boot up.
LISTNUM 1 \l 18722 I feel the weight of the private broadcast industry on my shoulders. I have been getting a lot of advice from applicants because we get to respond to the CBC's intervention on our application. That's okay, we have broad shoulders.
LISTNUM 1 \l 18723 Madam Chair, Members of the Commission, Commission staff, my name is Ed Torres. With me today is my brother Frank Torres, seated to my right; to his right, Aubrey Clarke and Yves Trottier.
LISTNUM 1 \l 18724 First, let me thank and acknowledge all the supporters of our blues radio applications. At present we have received close to 1,000 individual letters of support for our proposed format.
LISTNUM 1 \l 18725 We would also like to thank the interveners who have appeared in support of these applications, including today, and to all of those people who have encouraged our work and supported it to give the blues in Canada a commercial voice.
LISTNUM 1 \l 18726 Let us state categorically and for the record that this application by DAWG‑FM has been given technical acceptance by Industry Canada.
LISTNUM 1 \l 18727 Let us also state categorically that DAWG‑FM has never intervened against the CBC in these proceedings or otherwise.
LISTNUM 1 \l 18728 The CBC has chosen to intervene against us in every proceeding that we have participated in. They have objected to all four of our applications that are currently in front of the CRTC. The CBC's culture of spectrum entitlement is perhaps the single‑most difficult barrier to entry into the broadcast system that we have encountered in our attempts for a blues format radio licence.
LISTNUM 1 \l 18729 The intervention before you speaks to the very reason that Vancouver is arguably one of the most underserved markets in Canada. The protected contours of Victoria stations that reach into Vancouver and provide poor quality signals in Vancouver, sometimes inaudible signals, that is precisely why there is little spectrum available here.
LISTNUM 1 \l 18730 It is a point we have made in our presentation. Vancouver has only one commercial mainstream radio station for every 141,000 residents; Halifax, by contrast, one for every 41,000.
LISTNUM 1 \l 18731 In the Lower Mainland and Vancouver Island regions, CBC controls an astonishing 22 frequencies. In the feudal system of FM spectrum, they are the Lord of the castle and we represent the peasants.
LISTNUM 1 \l 18732 Various applicants at these proceedings intervened against the CBC. To paraphrase their interventions, the CBC greatly exaggerates claims of interference to the detriment of private broadcasters, community stations and they hinder the full use of the Canadian spectrum.
LISTNUM 1 \l 18733 In fact, on Thursday morning we watched applicant after applicant attack the CBC for these exaggerations. We did not.
LISTNUM 1 \l 18734 Then we watched the CBC sit down and attack our application. They did not respond to any of the broadsides the other broadcasters levelled, as this was not really their agenda.
LISTNUM 1 \l 18735 The irony of this is that we consciously avoided applying on 104.1 because of our knowledge of their plans to use it in Nanaimo. In layman's terms, the CBC objects to the use of 89.3 for Vancouver because it will theoretically cause potential second adjacent interference to their Victoria Espace Musique frequency in some very small parts of Vancouver.
LISTNUM 1 \l 18736 The CBC transmits Espace Musique from two places: Mount Seymour in Vancouver on 90.9, and from their transmitter northwest of Victoria on 88.9. The Mount Seymour transmitter broadcasts at 100,000 Watts, the Victoria transmitter at 80,000 Watts. This gives them duplicate coverage throughout the downtown of Vancouver.
LISTNUM 1 \l 18737 The CBC claims that there are two areas that are vulnerable ‑‑ interesting choice of words ‑‑ to potential second adjacent interference.
LISTNUM 1 \l 18738 MR. FRANK TORRES: We will deal with area one first, downtown Vancouver, and refer you to map number one, which should accompany this handout.
LISTNUM 1 \l 18739 Our engineers did show a theoretical ‑‑ again, theoretical ‑‑ interference to the Victoria signal in downtown Vancouver, but the interference will not cause any loss of coverage to listeners of Espace Musique because of the transmission of Espace Musique from Mount Seymour on 90.9 at 100,000 watts. It truly does boom into the downtown core.
LISTNUM 1 \l 18740 We have taken a page from Mr. Carnovale's book. After all, imitation is the highest form of flattery. We did a little drive yesterday morning through the affected area and we are going to play a sample of 88.9 ‑‑ again, that is the Victoria version of Espace Musique that does penetrate Vancouver ‑‑ followed immediately by the Vancouver‑based Mount Seymour 90.9 transmission.
LISTNUM 1 \l 18741 So again, we are going to play the clips now. They are back‑to‑back. There is just a very short pause in between them. The first one is Victoria, the second one is Vancouver.
LISTNUM 1 \l 18742 And there is no audio.
LISTNUM 1 \l 18743 MR. ED TORRES: I think you muted it.
LISTNUM 1 \l 18744 MR. FRANK TORRES: All right. Stand by. Take two.
LISTNUM 1 \l 18745 And we are now on to take three.
LISTNUM 1 \l 18746 Let's try another one. Let's try another one.
‑‑‑ Pause
LISTNUM 1 \l 18747 MR. FRANK TORRES: All right, just one second.
LISTNUM 1 \l 18748 What we are going to do is we will make it even less scientific and we will play it directly out of the speaker associated with the laptop here instead of trying to pipe it through the PA. Maybe we can make our point that way.
LISTNUM 1 \l 18749 Again, so let's try it here. The first signal Victoria, the second signal Mount Seymour.
LISTNUM 1 \l 18750 MR. ED TORRES: Oh, there it is. The volume is muted on here.
LISTNUM 1 \l 18751 MR. FRANK TORRES: You said to mute our cell phones but not our computers.
LISTNUM 1 \l 18752 All right. Just one moment. Here we go.
LISTNUM 1 \l 18753 MR. ED TORRES: This works so well in rehearsal.
‑‑‑ Audio clip / Clip audio
LISTNUM 1 \l 18754 MR. FRANK TORRES: At last. Thank you for your patience.
LISTNUM 1 \l 18755 You can notice that both signals, although audible, it is very obvious that the second signal, the Mount Seymour signal, clearly beams into Vancouver and is vastly superior to the Victoria signal.
LISTNUM 1 \l 18756 I enjoyed that music, because my heritage is a Spanish. It is clearly the same Spanish track, and it does prove that there is more than adequate coverage in Vancouver, in fact duplication of coverage in Vancouver from the Mount Seymour transmitter.
LISTNUM 1 \l 18757 Thus, there will be no net loss to listeners of Espace Musique and as such ‑‑ that wasn't a part of the intervention, but now we refer you to map 2, area 2, sorry, on map 1.
LISTNUM 1 \l 18758 It is an area of ‑‑ it is the second claim of vulnerability.
LISTNUM 1 \l 18759 THE CHAIRPERSON: Mr. Torres, I'm sorry, I don't have map 2.
LISTNUM 1 \l 18760 MR. FRANK TORRES: I'm sorry, it's map 1. It's the same map, just the second area that was indicated.
LISTNUM 1 \l 18761 That claim of vulnerability deals with an area of 500 people that live 42 kilometres northwest of the Victoria transmitter site in remote areas south of Gordon.
LISTNUM 1 \l 18762 Originally the CBC claimed that 3,000 people were affected by this potential theoretical interference, but when we researched our census figures and we advised, they revised their number downward substantially. That number was reduced by 84 per cent, an 84 per cent error on their part.
LISTNUM 1 \l 18763 Possibly the greatest example of interference exaggeration, CBC claims that second adjacent interference from our small 918‑watt transmitter located 105 kilometres away in Burnaby will cause interference to the CBC signal beaming at 80,000 watts a mere 42 kilometres away from that area.
LISTNUM 1 \l 18764 As you can see from our brief, that map that is in front of you, there is no potential area of interference there. We pointed that out to CBC as well.
LISTNUM 1 \l 18765 Now, I would like to read an e‑mail from Industry Canada that confirms exactly the information that we have just mentioned.
LISTNUM 1 \l 18766 I will quote:
"It would appear from my and other studies that the only interference to the proposal would occur to a minuscule area on the fringe of the CBC Victoria signal, CBUX‑FM‑1 in downtown Vancouver, which I would assume is more than adequately served by CBUX‑FM. Furthermore, I note that the CBUX‑FM‑1 brief explicitly states that the intent of the station is..."
LISTNUM 1 \l 18767 Subquote:
LISTNUM 1 \l 18768 MR. TROTTIER: "'...de desservir Victoria et ses environs'".
LISTNUM 1 \l 18769 That means to serve Victoria and its surrounding area.
LISTNUM 1 \l 18770 MR. FRANK TORRES: End of subquote:
"... which would presumably not include Vancouver."
LISTNUM 1 \l 18771 End of quote.
LISTNUM 1 \l 18772 Let's now for the sake of argument, though, suppose that our 918‑watt transmitter, located 105 kilometres away from this potential zone of interference which we could not identify through our engineering brief, did provide some interference to that 80,000‑watt signal. The BBM data suggests that CBUX pulls a .2 share in the market, and by applying that number to the 550 theoretically interfered with persons, it means that 11 people could potentially be theoretically affected. Eleven people.
LISTNUM 1 \l 18773 MR. ED TORRES: On Thursday morning the CBC said ‑‑ and I paraphrase ‑‑ that they had exceeded their mandate to make Espace Musique available to 50 per cent of Canadians in B.C. It was available to 66 per cent of the province. The loss of 11 theoretical potential listeners does not affect this percentage.
LISTNUM 1 \l 18774 If the CRTC licenses DAWG‑FM, 66 per cent of the province will still have that listening option available to them. More importantly nearly 2 million Vancouver residents will get the music that they want to hear on 89.3, the blues.
LISTNUM 1 \l 18775 Overwhelmingly at this hearing supporting interveners and other applicants have brought forth strong evidence that Vancouver needs a blues station.
LISTNUM 1 \l 18776 We will close again by reiterating that we have technical acceptance from Industry Canada for this frequency. It was not an easy process, but it was a consultative process. At every step along the way we have consulted with CBC and Industry Canada.
LISTNUM 1 \l 18777 We are not rogue applicants. We are simply looking for new ideas and new ways to maximize spectrum. This is one.
LISTNUM 1 \l 18778 We have another one and we would like to talk to you about that next week.
LISTNUM 1 \l 18779 I would be remiss if I did not take a moment to thank Industry Canada for their extensive work on this file. I would like to get this on the record.
LISTNUM 1 \l 18780 I would also like to reflect our gratitude to our engineering consultants for this innovative solution and their hard work to achieve it.
LISTNUM 1 \l 18781 We will take any questions.
LISTNUM 1 \l 18782 THE CHAIRPERSON: Legal counsel...?
LISTNUM 1 \l 18783 I'm sorry, Ms Pinsky, Commissioner Duncan has a question.
LISTNUM 1 \l 18784 COMMISSIONER DUNCAN: I just want to be absolutely certain I have this right.
LISTNUM 1 \l 18785 The other day we talked about 89.3 and you said you would be willing to accept 104.1.
LISTNUM 1 \l 18786 Is that correct? Or are you still 89.3?
LISTNUM 1 \l 18787 MR. ED TORRES: Our application is for 89.3, but we would accept 104.1 conditionally.
LISTNUM 1 \l 18788 COMMISSIONER DUNCAN: All right, thank you. That's what I understood.
LISTNUM 1 \l 18789 THE CHAIRPERSON: Thank you very much for your application and your time, and we will see you again next week.
LISTNUM 1 \l 18790 MR. ED TORRES: Thank you.
LISTNUM 1 \l 18791 THE SECRETARY: Thank you.
LISTNUM 1 \l 18792 I would now ask CBC to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 18793 MR. CARNOVALE: Good afternoon, Madam Chair, Commissioners.
LISTNUM 1 \l 18794 We are at the end of a long and very interesting week. We will be brief.
LISTNUM 1 \l 18795 First, we would like to express our appreciation to the over 1,800 people that registered their support for our applications for Vancouver and Nanaimo. We have been impressed with their passion and commitment to help us realize our plans in this region.
LISTNUM 1 \l 18796 We will comment on three points raised in Phase II with respect to 104.1: one, alternate frequencies; two, impairment of 104.1 in Vancouver; and three, our plans to serve Nanaimo.
LISTNUM 1 \l 18797 First, alternate frequencies.
LISTNUM 1 \l 18798 Five alternatives to 104.1 were put forward.
LISTNUM 1 \l 18799 Vista suggested that 89.5 could serve as an alternative for CBC in Nanaimo. Did we look at 89.5? Yes, we did and we rejected it because it is first adjacent with Vista's station in Duncan on 89.7, some 30 kilometres away.
LISTNUM 1 \l 18800 Vista has indicated that it is prepared to accept some level of interference to its Duncan station but hasn't specified either the compromises it would accept to its coverage in Duncan or the resultant coverage for us in Nanaimo.
LISTNUM 1 \l 18801 Even assuming an agreement could be arrived at, the issue doesn't end there. Coordination with CHEK would be required. Coordination would also be required for the Bellingham station through the FCC.
LISTNUM 1 \l 18802 As well, the use of 89.5 could impact on the coverage potential of the applicants the CRTC will consider next week for Chilliwack and Abbotsford.
LISTNUM 1 \l 18803 This is not a simple proposition. A full engineering brief would have to be developed. It would have to be coordinated between CBC and Vista in such a way that the coverage is as good as what 104.1 offers, which may not be possible.
LISTNUM 1 \l 18804 Industry Canada would have to approve it and an amended application would have to be filed, and the CRTC would have to defer its decision on this proceeding, recognizing that use of this frequency may restrict what the CRTC could do in Chilliwack and Abbotsford.
LISTNUM 1 \l 18805 Taken all together, we don't think it is a good idea.
LISTNUM 1 \l 18806 Rock 95 has suggested that CBC could recycle its AM 690 signal for Vancouver Island.
LISTNUM 1 \l 18807 If we were to use 690 AM for Nanaimo, we would have to move the transmitter. The 25 millivolt contour, which is the official definition of an urban grade signal, currently covers most but not all of Vancouver. It would have to be moved so that it would cover in Nanaimo.
LISTNUM 1 \l 18808 Setting up AM stations is a very expensive proposition and investing in AM infrastructure is, in our view, a poor investment of our scarce public resources.
LISTNUM 1 \l 18809 The Coast suggested that 98.7 on Gabriola could be used to serve Nanaimo and the Sunshine Coast.
LISTNUM 1 \l 18810 Theoretically, it could. We considered this option, but unfortunately Rogers objected, as is their right, on the basis of the potential interference it might cause to their Victoria station were they to operate at full parameters.
LISTNUM 1 \l 18811 As a result, we had no choice but to design our coverage in the way we did. Both The Coast and SHORE‑FM suggested that we could use 89.1 instead of 98.7 to serve the Sunshine Coast area.
LISTNUM 1 \l 18812 SHORE‑FM quoted from industry Canada's letter of technical acceptance dated February 18th. What they didn't do was finish the quote, which says:
"It should be noted that the Department also considers 206 89.1, to be a viable channel for the CBC, although the CBC do not. However, as 254 98.7 will not interfere with any existing service, whereas 206 would interfere with the existing CBUX‑FM‑1 205 signal from Victoria, 254 is considered the better choice."
LISTNUM 1 \l 18813 Finally, The Coast suggested that 88.1 from Vancouver could cover Nanaimo.
LISTNUM 1 \l 18814 We know that. That is not the point. The point is to bring the Island Radio One service to Nanaimo. Nanaimo already receives the Vancouver service on AM, so providing it to them on FM is hardly an alternative.
LISTNUM 1 \l 18815 On the impairment to 104.1 in Vancouver, we would say the following: 104.1 is subject to interference from KAFE Bellingham. I don't think that is in dispute. Clearly applicants such as Newcap, Harvard and Vista acknowledge the situation. For intervener such as SHORE‑FM, In House and The Coast to say this isn't a factor is a bit disingenuous.
LISTNUM 1 \l 18816 The question for the Commission is: What is the best use of 104.1? And that determination needs to take into account the limitations of the frequency.
LISTNUM 1 \l 18817 I would like to say a few more words about 690.
LISTNUM 1 \l 18818 First, there is a misconception about the number of interventions against our proposed move from AM to FM. They represent but a small fraction of those interventions in favour.
LISTNUM 1 \l 18819 The evidence you have heard from the interveners for and against clearly underline our point. The signal quality of 690 AM is very inconsistent, as also borne out in our engineering report which we would be happy to provide.
LISTNUM 1 \l 18820 Commissioner Williams mentioned about hearing the signal in the hotel using the hotel radio. Well, that is part of the variability. Which side of the building? Was it south facing the transmitter site? Was that on the north side? Was it close to the window? Was it away from the window?
LISTNUM 1 \l 18821 What you will find is even within a given hotel room, the signal quality can be all over the map.
LISTNUM 1 \l 18822 One thing is for certain: the quality of the AM signal will continue to degrade.
LISTNUM 1 \l 18823 Just look out the window and you see the proliferation of high‑rise buildings, all of which serve to suck up the signal.
LISTNUM 1 \l 18824 This is the concrete jungle and it just gets progressively worse. The sources of man‑made interference get progressively worse.
LISTNUM 1 \l 18825 As we indicated on Wednesday, the frequencies that we have asked for, only one of which is mutually exclusive with other applicants, together with our existing FM transmitters, will provide a continuum of coverage from Chilliwack through to Campbell River.
LISTNUM 1 \l 18826 Finally, with regard to the simulcast period, the normal simulcast period as allowed by Industry Canada is six months. We are quite prepared to be flexible on extending that simulcast period if Industry Canada and the CRTC would allow it.
LISTNUM 1 \l 18827 Johnny...?
LISTNUM 1 \l 18828 MR. MICHEL: My name is Johnny Michel. I am the Regional Director for CBC in British Columbia.
LISTNUM 1 \l 18829 I just want to respond to some of the comments with regards to our Nanaimo service and programming.
LISTNUM 1 \l 18830 Some of the applicants have characterized our plans for Nanaimo as a frequency grab, with a promise that we might establish a new station at some point in the future. They missed the point.
LISTNUM 1 \l 18831 Listeners in Nanaimo want coverage from Vancouver Island. That has been our starting point. So allow me to confirm our position again.
LISTNUM 1 \l 18832 Should we be awarded the licence for 104.1 FM, we would open a News Bureau in Nanaimo immediately and we would start covering Nanaimo news and events immediately with reporters from the area.
LISTNUM 1 \l 18833 We are also willing to accept this as a condition of licence.
LISTNUM 1 \l 18834 The integration of Nanaimo into the Vancouver Island service is what we are trying to achieve. The Radio One service out of Vancouver does not serve the people of Nanaimo because, as you heard from the panel this morning, Vancouver's issues are not the same as Nanaimo's.
LISTNUM 1 \l 18835 Next, on the amount of local content, I would like to respond to the assertion that there is a massive duplication. So just allow me to walk you through this.
LISTNUM 1 \l 18836 Let's compare the amount of content on Radio One with a commercial radio station.
LISTNUM 1 \l 18837 The Morning Show on CBC Radio One from Victoria is 2‑1/2 hours long and we will be feeding Nanaimo content into the show from our new News Bureau. There are newscasts throughout the day, once every hour and five minutes on the hour. These will also have local content.
LISTNUM 1 \l 18838 So take away the music content of a commercial radio station, take away the network content of Radio One, and you are left with the amount of local live content in the Morning Show and the newscast. Spread that throughout the day and you'll find that this amount is very similar to what you will hear on any commercial radio station.
LISTNUM 1 \l 18839 Madam Chair, Commissioners, what we have heard through this process is that there is a broad acceptance to our plan to move to 88.1 in Vancouver to address our reception problems. We know that our proposal to use 98.7 to serve the Sunshine Coast can coexist with another applicant on that frequency, so there is no reason why we couldn't make the transition to FM there.
LISTNUM 1 \l 18840 Finally, you have heard from the community leaders of Nanaimo this morning, and quite passionately as you have said so yourself, that they want and need a dedicated FM frequency to serve their city. This is Radio One's best solution to serve the people of this region.
LISTNUM 1 \l 18841 Thank you for your attention.
LISTNUM 1 \l 18842 THE CHAIRPERSON: Commissioner Menzies, please.
LISTNUM 1 \l 18843 COMMISSIONER MENZIES: Just regarding your statement about opening a News Bureau in Nanaimo, given that they receive the signal from Vancouver now anyway, why wouldn't you just go ahead and open one?
LISTNUM 1 \l 18844 Why would you need the frequency changes to do that?
LISTNUM 1 \l 18845 MR. MICHEL: Because, as we have said in the past, Commissioner, the issues of Nanaimo are different than the issues from Vancouver, and actually our research indicates that the issues are even different than Victoria.
LISTNUM 1 \l 18846 So, you know, it would be easy for us, as you stated, for us just to go ahead and open one, but there would be absolutely no coverage of Nanaimo issues on the Vancouver service because that is not the mandate of the Vancouver service.
LISTNUM 1 \l 18847 So really the only solution for us is to include that as part of the Island because, as you heard again this morning from the panels from Nanaimo, they feel more of an affinity and closeness as Islanders on Vancouver Island and not with Vancouver.
LISTNUM 1 \l 18848 COMMISSIONER MENZIES: All right.
LISTNUM 1 \l 18849 But why would it do any harm to your Vancouver service for it to be covering issues in Nanaimo?
LISTNUM 1 \l 18850 I understand that there is some water in between, et cetera, but people in Vancouver I would think aren't disinterested in things. I mean, you wouldn't be leading your newscast with Nanaimo news, but to be able to include some coverage wouldn't seem to me to be that problematic given that your Vancouver coverage probably includes news from time to time from Edmonton or Saskatoon or other places across the country.
LISTNUM 1 \l 18851 Wouldn't it just provide broader, stronger regional coverage?
LISTNUM 1 \l 18852 MR. MICHEL: Commissioner Menzies, absolutely. I mean, we could do coverage, but that coverage would be very minimal. Even if we did do it, it would not be part of the mandate but it would be very minimal when you consider our mandate to cover the entire province and some of the programming that we do and the Vancouver, Greater Vancouver.
LISTNUM 1 \l 18853 So the coverage for Nanaimo, if we were to do any, would be very minimal within that mix.
LISTNUM 1 \l 18854 However, on the Island, when you consider the service on the Island, that coverage would be commensurate with the population that lives on the Island and so that coverage would be quite substantial.
LISTNUM 1 \l 18855 So could we do it? Yes. Would we be providing an adequate service? We don't believe so.
LISTNUM 1 \l 18856 COMMISSIONER MENZIES: So if you did it through the Island, then, the coverage of Nanaimo issues and northern Vancouver Island issues and the coverage of southern Vancouver Island issues and Victoria, how would they be equivalent, 60/40, 70/30, 50/50? Give me some idea.
LISTNUM 1 \l 18857 MR. MICHEL: Sorry, just so I understand correctly, you are asking if we did coverage of Nanaimo from the Victoria service?
LISTNUM 1 \l 18858 COMMISSIONER MENZIES: Yes.
LISTNUM 1 \l 18859 MR. MICHEL: Like I said, it would be commensurate with the overall population of the Island just to begin with, as a starting point for the purpose of this discussion.
LISTNUM 1 \l 18860 So if you look at 700,000 people that live on the Island and we will be serving, from what you have heard this morning, around 150,000 and ultimately it will be 350,000, the coverage is going to be within that range in terms of percentage.
LISTNUM 1 \l 18861 COMMISSIONER MENZIES: Right.
LISTNUM 1 \l 18862 Regarding the comment you made concerning thoughts about establishing a station in Nanaimo ‑‑
LISTNUM 1 \l 18863 MR. MICHEL: Yes.
LISTNUM 1 \l 18864 COMMISSIONER MENZIES: ‑‑ why wouldn't that be in your plans if the area is growing as quickly as it is?
LISTNUM 1 \l 18865 MR. MICHEL: It is part of our plan.
LISTNUM 1 \l 18866 COMMISSIONER MENZIES: All right.
LISTNUM 1 \l 18867 MR. MICHEL As we mentioned yesterday I believe, on Wednesday during our ‑‑
LISTNUM 1 \l 18868 COMMISSIONER MENZIES: But that is not the primary purpose of this?
LISTNUM 1 \l 18869 MR. MICHEL: No.
LISTNUM 1 \l 18870 COMMISSIONER MENZIES: I must have misunderstood what you said earlier.
LISTNUM 1 \l 18871 MR. MICHEL: No, that is not the primary purpose of this, but it certainly is our look towards the future.
LISTNUM 1 \l 18872 COMMISSIONER MENZIES: All right.
LISTNUM 1 \l 18873 Just regarding the Sunshine Coast frequency, that is 98 ‑‑ sorry.
LISTNUM 1 \l 18874 MR. MICHEL: 98.7
LISTNUM 1 \l 18875 COMMISSIONER MENZIES: 98.7. If you establish that and, just to be clear, that will service the entire Sunshine Coast area? Everybody will be ‑‑
LISTNUM 1 \l 18876 MR. CARNOVALE: Certainly the bulk of it.
LISTNUM 1 \l 18877 And if you can bear with me a second as I reach for one of my maps, it is completely complementary with our coverage from Sechelt, CBUW‑FM. So as you are moving up the coast, one transmitter leaves off, another one takes over. So it nicely fills the gap.
LISTNUM 1 \l 18878 COMMISSIONER MENZIES: And no one gets left out?
LISTNUM 1 \l 18879 MR. CARNOVALE: Very few people. In fact, I would say that on balance and the point that was made on Wednesday in our presentation, we actually think that when you net out the improved availability delivered by the FM signal and the fact that more people will be able to get a consistently good quality signal, there are actually more people that gain than might lose in terms of fringe AM coverage.
LISTNUM 1 \l 18880 COMMISSIONER MENZIES: All right. Thank you.
LISTNUM 1 \l 18881 THE CHAIRPERSON: Commissioner Williams, please.
LISTNUM 1 \l 18882 COMMISSIONER WILLIAMS: Good afternoon, CBC panellists. Welcome to this phase.
LISTNUM 1 \l 18883 Much has been said of various reception problems in parts of Vancouver.
LISTNUM 1 \l 18884 How long have these problems existed?
LISTNUM 1 \l 18885 MR. CARNOVALE: They have existed in various forms actually for over 40 years of the 70‑year history.
LISTNUM 1 \l 18886 CBU underwent a power increase in 1967 and that is when it went from 10 kilowatts to 50 kilowatts, and at that time we had the first inkling of the kind of issue that has only gotten progressively worse.
LISTNUM 1 \l 18887 So there is nothing more that we can do with that frequency. It is running at maximum power. It has protections to other co‑channel stations and receives interference from other co‑channel stations, including XETRA in Tijuana, Mexico, which operates a full 50 kilowatts beamed north.
LISTNUM 1 \l 18888 So the problem has actually been around for a long time. We have been searching for a frequency since 1997.
LISTNUM 1 \l 18889 We attempted to go for a nested FM a few years ago and, as we indicated, that was withdrawn. So it is a long‑standing problem, and it just keeps getting worse.
LISTNUM 1 \l 18890 COMMISSIONER WILLIAMS: So for 11 years you have been trying to solve this problem?
LISTNUM 1 \l 18891 MR. CARNOVALE: With an AM to FM flip or a nested FM in the first instance, yes.
LISTNUM 1 \l 18892 COMMISSIONER WILLIAMS: What year was the power increased again? I missed that, I'm sorry.
LISTNUM 1 \l 18893 MR. CARNOVALE: 1967
LISTNUM 1 \l 18894 COMMISSIONER WILLIAMS: So that's 40 years ago.
LISTNUM 1 \l 18895 So just all of a sudden 104.1 magically appeared and that is the preferred solution?
LISTNUM 1 \l 18896 I'm just wondering why it has taken 40 years to solve the problem.
LISTNUM 1 \l 18897 MR. CARNOVALE: Sorry, 104.1 is not the preferred solution for us for Vancouver. It is 88.1.
LISTNUM 1 \l 18898 COMMISSIONER WILLIAMS: Right. Right, yes.
LISTNUM 1 \l 18899 MR. CARNOVALE: We in fact first uncovered 104.1 along with 106.3 when we were assisting Aboriginal Voices Radio to find a frequency a few years ago, and then 104.1 actually fell off the table as a result of KAFE in Bellingham indicating that it actually wanted to go to that frequency and instead of being first adjacent would have been co‑channel.
LISTNUM 1 \l 18900 So the frequency actually came off the table when we applied for it in Nanaimo, and reinstituted frequency coordination through Industry Canada with the FCC was when it was determined that KAFE would not be changing frequency and therefore it was reusable in Vancouver.
LISTNUM 1 \l 18901 MR. SCARTH: Perhaps, Commissioner Williams, if I can just add to that.
LISTNUM 1 \l 18902 You are asking what took you so long. The reality for us, and the message that we delivered in our opening remarks, is for us it is now or never. Perhaps we have left it too long, but now we are at the stage where FM spectrum availability is extremely scarce. We have identified the only options that we can to make the transition from AM to FM.
LISTNUM 1 \l 18903 So perhaps we did leave it too late, but now we are at the stage where if we don't make the transition to FM, we never will.
LISTNUM 1 \l 18904 COMMISSIONER WILLIAMS: I understand your position.
LISTNUM 1 \l 18905 What area does CBC on 690 AM currently serve now? Generally a big, big part of all of Vancouver and of the Sunshine Coast and parts of Vancouver Island?
LISTNUM 1 \l 18906 MR. CARNOVALE: If you look at five millivolt, which is the residential grade contour ‑‑ and I need to emphasize that when you are in an urban environment, you really need 25 millivolts or better to overcome the kind of signal absorption that happens with buildings, the interference from electrical devices, even the trolley buses that run on the streets of Vancouver.
LISTNUM 1 \l 18907 But the five millivolt contour goes up towards Campbell River up in the Northwest, and then in terms of down towards ‑‑ just encloses Abbotsford.
LISTNUM 1 \l 18908 Also, it actually tends to hug the coastline. The reason why it goes so far up is because of the high conductivity of the salt water. But the minute you hit the land, it starts to drop off dramatically.
LISTNUM 1 \l 18909 COMMISSIONER WILLIAMS: So that is technically where it reaches, but if I understood Mr. Michel, your mandate is primarily to serve Vancouver with that frequency and these other communities are just beneficiaries of surplus Vancouver signal ‑‑ not surplus, but they just happen to get Vancouver signal because of these conditions we just talked about.
LISTNUM 1 \l 18910 Is that correct?
LISTNUM 1 \l 18911 MR. MICHEL: My comment, Commissioner Williams, related to some of the programming that originates for Vancouver only. For example, the Early Edition is only for Vancouver and is only ‑‑
LISTNUM 1 \l 18912 COMMISSIONER WILLIAMS: Yes, I was just trying to explore whether because you were providing service currently to Nanaimo and as far as Campbell River, as you have said, and others, whether you had a responsibility to be reflective of those areas as well or is it primarily a Vancouver responsibility or Vancouver reflection is your opinion?
LISTNUM 1 \l 18913 MR. MICHEL: Our mandate is to cover the entire Island, but when it comes to the specific shows and where they reach, then the mandate is to serve the particular area that that show reaches. And for the Early Edition, for example, it is the Greater Vancouver.
LISTNUM 1 \l 18914 COMMISSIONER WILLIAMS: Commissioner Menzies explored with you why you would not open a Nanaimo News Bureau and operate it on 690, as that area is currently being served by 690.
LISTNUM 1 \l 18915 In the event that we didn't approve what you have applied for, and in the interests of giving these Nanaimo supporters of yours that intervened on your behalf some satisfaction, would CBC consider continuing with this plan with a Nanaimo News Bureau or other ways of increasing, I guess, a service, the Nanaimo and other affected areas?
LISTNUM 1 \l 18916 MR. MICHEL: The issue with that, Commissioner, is that, you know, it will only be on 690. As I mentioned earlier, the best way to serve Nanaimo is through the Victoria station.
LISTNUM 1 \l 18917 We have Bureaus in Prince George, we have Prince Rupert, we have Bureaus in Kelowna. But they have their own morning shows and they serve the local communities better than we can. Some of that content ends up on Radio One for the entire province, but very minimal because of the relative perspectives and the mandates.
LISTNUM 1 \l 18918 COMMISSIONER WILLIAMS: And CBC Victoria does not have the same challenge? They are more willing to share some of the time, so to speak, with other parts of the Island?
LISTNUM 1 \l 18919 MR. MICHEL: Oh, absolutely, but that signal does not reach Nanaimo.
LISTNUM 1 \l 18920 COMMISSIONER WILLIAMS: Yes.
LISTNUM 1 \l 18921 MR. MICHEL: Yes. That is the issue there.
LISTNUM 1 \l 18922 COMMISSIONER WILLIAMS: All right, thank you.
LISTNUM 1 \l 18923 Those are my questions, Madam Chair. Thank you.
LISTNUM 1 \l 18924 THE CHAIRPERSON: Just one question.
LISTNUM 1 \l 18925 I think you are probably very familiar also with the landscape of the Vancouver radio dial and that all of the talk shows are on the AM dial.
LISTNUM 1 \l 18926 Would you care to comment on that?
LISTNUM 1 \l 18927 I don't think that there are any talk shows on the FM dial.
LISTNUM 1 \l 18928 MR. MICHEL: Not that I'm aware of, Madam Chair.
LISTNUM 1 \l 18929 MR. SCARTH: Madam Chair, perhaps if I could add something to that?
LISTNUM 1 \l 18930 THE CHAIRPERSON: Yes.
LISTNUM 1 \l 18931 MR. SCARTH: I don't think we see Radio One as a talk show station, but we do have Radio One in every major market across Canada on FM, with the exception of St. John's and Victoria, and two more to come.
LISTNUM 1 \l 18932 THE CHAIRPERSON: I am a fan, too, of 690 AM, so I am very familiar with the programming.
LISTNUM 1 \l 18933 It was just I am looking at the landscape of our region, of our radio dial, and I was just wondering whether you would care to comment on that one last time.
LISTNUM 1 \l 18934 MR. MICHEL: Well, I guess just ‑‑ what I would share with you is perhaps just some stats and some numbers and facts.
LISTNUM 1 \l 18935 If you look at where AM is going and where FM is going, in the past 10 years there has been a 40 per cent drop in the AM stations. There were 287 AM stations and today there is 178.
LISTNUM 1 \l 18936 On the FM side, in 1996 there were 192 FM stations. Today there is 419 FM stations.
LISTNUM 1 \l 18937 So clearly you can see where it is going.
LISTNUM 1 \l 18938 The profits for AM station, average per year, is $118,000 versus FM is $659,000.
LISTNUM 1 \l 18939 Now, we are not interested in the profitability here, but we are interested in the viability of the service. But I only mention the profits because the profits are commensurate with the kind of audience that is there and the number of audience and the demographic of the audience. That is where it's going.
LISTNUM 1 \l 18940 I think the discussion, the AM versus FM, and the majority of the audience and that our audience and CKNW's audience is still on AM, and it is a big part of the audience, is no different than the discussion that happens on the TV side where the majority of the people at home still have analog sets, But they are going to be left in the dust pretty soon as we move to digital because that's where the industry is going.
LISTNUM 1 \l 18941 When we look at the future and the viability of the national radio service and the local radio service, we feel that FM is where we need to be because that is where the audience will be; that is where the audience is today.
LISTNUM 1 \l 18942 THE CHAIRPERSON: All right. I don't want to rehash the entire application.
LISTNUM 1 \l 18943 MR. MICHEL: Yes.
LISTNUM 1 \l 18944 THE CHAIRPERSON: I know that those are the national statistics. You have made your point. But I am also taking a look at what is going on in Vancouver, what is the scene with respect to spectrum in Vancouver, and we will take all those into consideration in our deliberations.
LISTNUM 1 \l 18945 Thank you very much for your application, your time. You have made it very, very interesting for us.
LISTNUM 1 \l 18946 MR. MICHEL: Thank you, Madam Chair, Commissioners.
LISTNUM 1 \l 18947 MR. CARNOVALE: Thank you.
LISTNUM 1 \l 18948 THE SECRETARY: Thank you.
LISTNUM 1 \l 18949 We will now hear 902890 Alberta.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 18950 MR. DHILLON: Thank you, Madam Chair, Commissioners and staff.
LISTNUM 1 \l 18951 We are pleased to provide our reply to Rogers' intervention, dated February 22, 2008.
LISTNUM 1 \l 18952 We have been pondering technical reasons for this objection by Rogers since their letter was received on January 22nd and now on February 22nd.
LISTNUM 1 \l 18953 We think that, in general, FM radio service coverage is to enclose a prime location such as a populated area like Vancouver within the prime contour of three point millivolt unless it is for regional coverage.
LISTNUM 1 \l 18954 We are fully aware that all the technical applications should follow BPRs. However, they are all man‑made. Flexibility of BPR application may bring more benefits to all concerned. We believe that minor mutual interference in services could result with mutual tolerance.
LISTNUM 1 \l 18955 No matter how we try to revise current CIRP‑FM technical parameters, it comes to a conclusion that the current parameters are deemed suitable for best utilization of this channel 254B in Vancouver.
LISTNUM 1 \l 18956 In regards to Rogers' statement that our application was examined by Industry Canada in 2005, we would like to state to the contrary, that our file was never examined in 2005 by Industry Canada.
LISTNUM 1 \l 18957 CIUC‑FM, channel 253, sees planning to cover only part of the major Vancouver area in .5 millivolt contour from Victoria or any site on Vancouver Island as deemed technically and economically inefficient.
LISTNUM 1 \l 18958 Their maximum CIUC's FM .5 millivolt contour does not touch any part of the Mainland.
LISTNUM 1 \l 18959 Based on our BPR 350 program calculation, it falls short by approximately 360 metres off Tsawwassen and Sechelt. For these reasons, we strongly urge the Commission to accept Industry Canada's suggestion:
"The use of channel 254A in Vancouver has the potential to provide limited radio broadcasting service in the spectrum congested Vancouver market and ought not to be excluded for possible use."
LISTNUM 1 \l 18960 Also quote:
"It is also felt that as the city of Vancouver does not fall within CIUC's FM primary coverage zone, Rogers continued objection to the Vancouver proposal unduly constrains the use of possible frequency in Vancouver."
LISTNUM 1 \l 18961 Even Industry Canada has stated in the letter dated February 18th that our proposal fully protects CIUC's FM actual coverage contour over Canadian territory.
LISTNUM 1 \l 18962 So therefore, as Industry Canada has recommended, so therefore we are requesting to the Commission that the objection be overruled and we be granted a licence to use the frequency 98.7 FM channel 254B or A in Vancouver.
LISTNUM 1 \l 18963 Thank you, Madam Chair.
LISTNUM 1 \l 18964 THE CHAIRPERSON: Our legal counsel, Ms Pinsky, has a question.
LISTNUM 1 \l 18965 MS PINSKY: I would just like to clarify the information that you provided ‑‑ that you filed for us in response to an undertaking that you took with respect to the amount of news that you will have in your programming.
LISTNUM 1 \l 18966 The figure that you provided for us includes a combination of the news, weather, sports and traffic, and we were asking you to separate out the amount of pure news.
LISTNUM 1 \l 18967 So what percentage of the total amount of seven hours and 55 minutes would be the news only?
LISTNUM 1 \l 18968 MR. DHILLON: Thank you.
LISTNUM 1 \l 18969 I have provided a revised letter stating the difference between the news and the surveillance reports.
LISTNUM 1 \l 18970 MS PINSKY: Thank you.
LISTNUM 1 \l 18971 Just for the purpose of the transcript, could you provide that number, please?
LISTNUM 1 \l 18972 MR. DHILLON: It is 90 per cent news.
LISTNUM 1 \l 18973 MS PINSKY: Thank you very much.
LISTNUM 1 \l 18974 MR. DHILLON: Thank you.
LISTNUM 1 \l 18975 THE CHAIRPERSON: Thank you very much for your very succinct reply. Again, thank you for your application.
LISTNUM 1 \l 18976 MR. DHILLON: Thank you.
LISTNUM 1 \l 18977 THE SECRETARY: I would now ask Jim Pattison Broadcast Group to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 18978 MR. ARNISH: Good afternoon, Madam Chair and Members of the Commission.
LISTNUM 1 \l 18979 First, Madam Chair, I would like to follow up on items from our appearance in Phase I of this proceeding.
LISTNUM 1 \l 18980 For the record, we have filed a budget in relation to our Save the Music Foundation CCD commitment, which confirms that every dollar of that commitment will go to the purchase of music instruments for schools and there is no administrative or overhead costs associated with that initiative.
LISTNUM 1 \l 18981 We also would like to clarify a discussion point from our appearance in Phase I.
LISTNUM 1 \l 18982 There was a brief discussion on the level of hits which would be aired by our AAA format on The Peak. In our filed application we clearly identified our music as 60 per cent new music and 40 per cent from the 80s and 90s and the early half of this decade.
LISTNUM 1 \l 18983 Therefore, our airing of hits will be virtually zero according to the Commission's definition of hits.
LISTNUM 1 \l 18984 Turning to the interventions, we want to express our appreciation to the artists, community groups, charitable organizations, advertisers and listeners who took time to write letters of support for our application.
LISTNUM 1 \l 18985 I would also express our sincere appreciation to the appearing interveners who took time to speak with you on behalf of us in support of our new FM licence being issued to the Pattison Broadcast Group for Vancouver for The Peak.
LISTNUM 1 \l 18986 We also wish to acknowledge the comments made in the hearing by a number of other applicants who supported awarding us the 100.5 FM frequency for our AM to FM conversion as being, to quote Newcap, "a logical step for the Commission to take to create more choices in the Vancouver market".
LISTNUM 1 \l 18987 They recognized that we were the only commercial applicant the signal is available to.
LISTNUM 1 \l 18988 In the intervention phase it became clear that there is some work to be done to sort out the best use of the 104.1 FM frequency. The Commission has no such issues or competing positions with the 100.5 FM frequency.
LISTNUM 1 \l 18989 We have spent the last year working with our consultants, Industry Canada and impacted services so that we could appear before you with a clear opportunity to make the 100.5 FM frequency available in the Vancouver market for our AM to FM conversion. There were no technical impediments to improving our application for the 100.5 FM.
LISTNUM 1 \l 18990 We are anxious to move forward with our conversion and we are ready and willing and able to move forward quickly to add the highly sought AAA format to the Vancouver market.
LISTNUM 1 \l 18991 You have a number of fine applications before you for the 104.1 FM frequency, including ours. More importantly to us, you have one eligible applicant for the use of the 100.5 FM frequency in this proceeding, and we hope you will provide us with the opportunity to bring Peak FM and all the additional benefits it will bring to the city of Vancouver on 100.5.
LISTNUM 1 \l 18992 It is the best and only use of this frequency for the Vancouver market.
LISTNUM 1 \l 18993 On behalf of the Jim Pattison Broadcast Group, I want to thank you, Madam Chair, for running a fair and efficient hearing and I want to express our appreciation to the Commission and to the staff.
LISTNUM 1 \l 18994 And also we want to single out as well the court reporter who was very helpful to us during this week as well in running this hearing here in Vancouver.
LISTNUM 1 \l 18995 While this is a competitive process, we respect and appreciate the efforts of all who have appeared before you.
LISTNUM 1 \l 18996 Thank you very much.
LISTNUM 1 \l 18997 THE CHAIRPERSON: Likewise, we thank you for your participation and thanks for your application.
LISTNUM 1 \l 18998 THE SECRETARY: I will now ask the applicant Nirenderjit Pataria to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 18999 MR. SUNNER: Good afternoon.
LISTNUM 1 \l 19000 It has been a great pleasure and an honour to be here sitting in front of the CRTC. This was our first application and I would like to thank everyone that was involved in supporting this application.
LISTNUM 1 \l 19001 Really, that's about it.
‑‑‑ Pause
LISTNUM 1 \l 19002 THE CHAIRPERSON: That was very short.
LISTNUM 1 \l 19003 MR. SUNNER: Pretty short. I haven't really got much to say.
LISTNUM 1 \l 19004 THE CHAIRPERSON: No, that's fine.
LISTNUM 1 \l 19005 MR. SUNNER: Unless you guys want to ask any questions.
LISTNUM 1 \l 19006 THE CHAIRPERSON: No.
LISTNUM 1 \l 19007 Oh, Commissioner Williams...?
LISTNUM 1 \l 19008 COMMISSIONER WILLIAMS: Is that your van parked out in the street?
‑‑‑ Laughter / Rires
LISTNUM 1 \l 19009 MR. SUNNER: It is, and I drove it all the way from Richmond.
‑‑‑ Laughter/ Rires
LISTNUM 1 \l 19010 COMMISSIONER WILLIAMS: Thank you.
LISTNUM 1 \l 19011 MR. SUNNER: Thank you once again.
LISTNUM 1 \l 19012 THE CHAIRPERSON: Our legal counsel does have a question.
LISTNUM 1 \l 19013 MS PINSKY: Yes, thank you.
LISTNUM 1 \l 19014 Just for the sake of the transcript, if we could clarify: In the information that you provided in response to an undertaking that you took, you separated out the spoken word component of your proposal and you indicated an amount for Urban Village.
LISTNUM 1 \l 19015 Should that amount be multiplied by five times?
LISTNUM 1 \l 19016 MR. SUNNER: That's right. It was a typing error. It should have been 75 instead of 15, which brings our total spoken word to 420.
LISTNUM 1 \l 19017 MS PINSKY: Thank you very much.
LISTNUM 1 \l 19018 MR. SUNNER: Thank you once again.
LISTNUM 1 \l 19019 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 19020 THE SECRETARY: I would now ask The Coast 104.1 FM.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19021 MR. KIRK: Good afternoon, Madam Chair, Commissioners and Commission staff.
LISTNUM 1 \l 19022 I am Doug Kirk representing The Coast 104.1 FM.
LISTNUM 1 \l 19023 I have just added a couple of extra remarks here, but it won't take too long.
LISTNUM 1 \l 19024 There were some technical items that flowed from this morning and the CBC a little earlier that I would just like to comment on before I do a quick wrap‑up.
LISTNUM 1 \l 19025 First, the Gabriola Island Radio Society had indicated that I think they had intervened on various applicants, and I just wanted to put on the record that to our knowledge we have not received any intervention regarding that and holding 104 for their use in the future.
LISTNUM 1 \l 19026 Second, turning to the CBC, I wanted to clarify a couple of remarks in Mr. Carnovale's remarks.
LISTNUM 1 \l 19027 I think the third item that he had commented on regarding the use of 98.7 on Gabriola Island, I guess of the five options that he had commented on, that was the one that he was most happy with and said that it could work. I think the comment was subject to Rogers and that they thought it would interfere with Rogers.
LISTNUM 1 \l 19028 In fact, in the materials we filed with you yesterday, in the technical report that I filed by our consulting engineer, Mr. Moltner, the proposed contours for 98.7 to serve Nanaimo with a distinct service fully protect Rogers and would be approvable without Rogers.
LISTNUM 1 \l 19029 And I checked on that point. So the use of 98.7 will work as we had outlined in our materials and again fully protecting Rogers in Victoria.
LISTNUM 1 \l 19030 That would also allow the use of 89.1 or the synchronous 88.1 to serve the Sunshine Coast.
LISTNUM 1 \l 19031 So I am just reiterating our point, I think, that there are other solutions there that do not require 104.1 if the Commission feels that the AM to FM conversion of CBU makes sense; that this can all be accomplished. The CBC can get their distinct Nanaimo transmitter service on 98.7 and the other requirements to serve this Sunshine Coast can be accomplished on other frequencies.
LISTNUM 1 \l 19032 So I just wanted to ensure that is our position.
LISTNUM 1 \l 19033 Finally, I guess Commissioner Williams and I have been checking out the AM band and I share your view. In this hotel certainly the 690 AM signal is by far the best signal on the AM band in this building. It certainly is in my room on the east side of the hotel.
LISTNUM 1 \l 19034 I'm sure ‑‑ this is an aside. But if it was dropped, if the 690 frequency was dropped by the CBC, there would be at a line‑up of other broadcasters ready to take on that frequency and use it in the market because it is probably the most superior AM frequency in the region.
LISTNUM 1 \l 19035 So those are my technical comments.
LISTNUM 1 \l 19036 To legal counsel, I just want to ensure that all our supplementary materials that flowed from the Phase I had been filed with you.
LISTNUM 1 \l 19037 Finally, in combination with John Wright, who is the President of The Coast 104 FM, we want to take this opportunity to sincerely thank the scores of Vancouver area residents that offered written letters of support for our application to provide an R&B Smooth Jazz station for Vancouver.
LISTNUM 1 \l 19038 We also want to thank the numerous format specific artists who offered articulate and passionate support for our proposal and in particular Vancouver artists Dr. Liesa Norman and Gabriel Mark Hasselbach who appeared before you on Tuesday.
LISTNUM 1 \l 19039 John and I also want to sincerely register our appreciation to Chairperson del Val, Commissioners Duncan, Menzies, Williams and Cugini, as well as the Commission staff. It has been a very, very taxing week and we think this hearing has been held in a very professional and fair way to all of us who have been here.
LISTNUM 1 \l 19040 You now have the long and complex process of trying to evaluate these many applications.
LISTNUM 1 \l 19041 The Coast 104.1 awaits your decision. We look forward with enthusiasm to the challenge of providing a unique new radio service for Vancouver.
LISTNUM 1 \l 19042 Thank you very much for your time.
LISTNUM 1 \l 19043 THE CHAIRPERSON: Thank you very much for your time.
LISTNUM 1 \l 19044 THE SECRETARY: I would now ask Evanov Communication to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19045 MS LAURIGNANO: Thank you.
LISTNUM 1 \l 19046 Good afternoon, Madam Chair and Commissioners. We thank you for the opportunity to appear before you during this week and for the proceedings. A special shout‑out to the Commission staff here and elsewhere who long before this process guide us along the way, and not just in this process but throughout the year.
LISTNUM 1 \l 19047 This has been a great process in terms of the applicants and the applications which, in our view, have been really outstanding.
LISTNUM 1 \l 19048 We are satisfied that we have been able to present our proposal fully and are sure that you will keep in mind the importance the system places on serving our youth without whom neither the private nor the public broadcasters will have listeners in the future.
LISTNUM 1 \l 19049 So we thank you again and we look forward to seeing you again.
LISTNUM 1 \l 19050 THE CHAIRPERSON: Thank you very much for your application and your time.
LISTNUM 1 \l 19051 THE SECRETARY: I would ask In House Communications.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19052 MR. PAT LOUGH: Madam Chair, Commissioners, Pat Lough with In House Communications.
LISTNUM 1 \l 19053 I just wanted to take a moment to publicly thank all of our interveners, both written and oral, over 350 that we received, who felt the importance to just publicly support our application.
LISTNUM 1 \l 19054 Aside from the generic CBC opposition which everyone received, we have not received any other opposition for our application, but rather applicants have said that our application would have the least impact on what they have proposed.
LISTNUM 1 \l 19055 I would like to note that we didn't receive a notification from the Gabriola Radio Society. So their comments this morning were just ‑‑ I'm not sure who they were directed at. It sounded like they were directed at all of the applications for frequency 104.1, and yet we didn't receive a notification for that.
LISTNUM 1 \l 19056 We do believe that they have options as a community station to look at maybe LPFM, something of that nature, which is commonly used for community and college type stations.
LISTNUM 1 \l 19057 We had an intervener yesterday that was quite colourful and entertaining. He was a bit of a surprise to us.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 19058 MR. PAT LOUGH: although we don't share all of his viewpoints he presented orally, his paper intervention was quite different. But I guess it is a good indication. It is a good indication that our radio service will expand beyond the traditional church audience and, yes, reach beyond the church attending community and so on and so forth.
LISTNUM 1 \l 19059 I would like to thank each of you for your time, the CRTC staff for your time, sacrificing time with your family to spend the week here to hear in particular my application.
LISTNUM 1 \l 19060 Thanks.
LISTNUM 1 \l 19061 COMMISSIONER CUGINI: Just one comment, Mr. Lough.
LISTNUM 1 \l 19062 It is quite refreshing to know that there are still some applicants who don't screen their interveners.
LISTNUM 1 \l 19063 Thank you.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 19064 THE CHAIRPERSON: Commissioner Menzies...?
LISTNUM 1 \l 19065 COMMISSIONER MENZIES: I too wanted to thank you for your interveners and, if nothing else, you showed the world that the Christian world is every bit as diverse as the secular world.
LISTNUM 1 \l 19066 MR. PAT LOUGH: Exactly, yes.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 19067 COMMISSIONER MENZIES: Thank you.
LISTNUM 1 \l 19068 THE CHAIRPERSON: well, thank you very much for your time and for your application.
LISTNUM 1 \l 19069 MR. PAT LOUGH: You are welcome.
LISTNUM 1 \l 19070 THE SECRETARY: I would now ask Rock 95 Broadcasting.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19071 MR. BINGLEY: Good afternoon, Madam Chair and Members of the panel.
LISTNUM 1 \l 19072 Someone reminded me this morning that it was exactly 20 years ago today that we received approval for our first radio licence and I don't know if that encourages you are not, but I thought I would bring it up.
LISTNUM 1 \l 19073 I would just like to make a couple of comments.
LISTNUM 1 \l 19074 First, in relation to the many interveners who came to support CBC and who were opposed to the use of 104.1 FM here in Vancouver, for the public record I would note that these well‑intentioned individuals were not aware that there was any other option available to CBC to serve Nanaimo. Specifically, they were unaware of an AM option.
LISTNUM 1 \l 19075 So to them, for their perspective, use of 104.1 really represented their last chance. I would respectfully request that the Commission bear that in mind when making your decision.
LISTNUM 1 \l 19076 I am also happy to note that CBC has acknowledged that 690 kilohertz could be used to serve Nanaimo.
LISTNUM 1 \l 19077 I would like to thank you all for your time, your consideration and the very fine way you have done the line of questioning. It has been very fair. I must say I admire you for your stamina, as well.
LISTNUM 1 \l 19078 I would also like to comment that Commission staff, as always, have been very friendly, pleasant and helpful.
LISTNUM 1 \l 19079 Thank you all very much.
LISTNUM 1 \l 19080 THE CHAIRPERSON: Thank you very much for your time.
LISTNUM 1 \l 19081 THE SECRETARY: I would ask 6851916 Canada Inc.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19082 MR. HENNESSY: Good afternoon, Madam Chair del Val, Commissioners and staff. I am Roy Hennessy, the President and General manager of Vancouver's SHORE 104 FM.
LISTNUM 1 \l 19083 Just one matter of housekeeping.
LISTNUM 1 \l 19084 SHORE 104 also did not receive the intervention from the Gabriola Radio Society, and there is nothing on the public file to indicate that that intervention was filed with regards to our application.
LISTNUM 1 \l 19085 Now, on behalf of the management team, our shareholders and the advisers whom we met during the past week, we would like to take a moment on behalf of the entire team to say thank you. I'm sure many of our fellow applicants here this afternoon appreciate very much the professional and civil mood of this week's proceedings which were conducted in such an open and respectful manner.
LISTNUM 1 \l 19086 We appreciate the time constraints and the organizational pressures that you and your staff have been placed under an order to facilitate a hearing of this size within your timelines. As important as it is, we believe that this hearing has been more than just the consideration of numerous proposals for opportunities to expand the choice of programming available to residents of Vancouver.
LISTNUM 1 \l 19087 We have also enjoyed the opportunity to engage in discussions and dialogue with Members of the Commission about a number of critical issues that face Canada's emerging artists, performers and creative voices.
LISTNUM 1 \l 19088 We appreciate the proactive role that the Commission has taken this week in pushing for new opportunities for these artists. We encourage more of this dialogue and we want to assure you that our new broadcast enterprise seeks to be a voice for change in this important cultural evolution.
LISTNUM 1 \l 19089 In particular, we would like to acknowledge and express our appreciation for the diligent work put forth by the staff this week at this hearing. You have been very responsive, accommodating and supportive of all times.
LISTNUM 1 \l 19090 In addition, if there is anyone in Ottawa listening in online this afternoon, our gratitude to you as well for the outstanding job that they did in organizing this hearing in such a timely manner. We do appreciate that this work and the work involved in preparing for a hearing such as this, it takes a great deal of effort and you should know that this effort has not gone unnoticed.
LISTNUM 1 \l 19091 From the perspective of our application, we would like to thank the interveners and supporters who have the same passion that we do and for their support. We won't let them down.
LISTNUM 1 \l 19092 Our work is done now, but yours is ‑‑ I need microphone training I think, or maybe it's Friday. Anyway, our work is done for now and yours is about to enter the second stage, and we will all await the results of your consideration and deliberation.
LISTNUM 1 \l 19093 But we thank you for your time, your interest and, most of all, for your understanding of our passion for radio. Thank you.
LISTNUM 1 \l 19094 THE CHAIRPERSON: Thank you, Mr. Hennessy, for your time and your application.
LISTNUM 1 \l 19095 MR. HENNESSY: Thank you.
LISTNUM 1 \l 19096 THE SECRETARY: I would now ask Astral Media Radio.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19097 MS LAFLAMME: Madam Chair, Members of the Commission, Commission staff, I am Claude Laflamme, Vice President Corporate and Regulatory Affairs, Astral Media Radio.
LISTNUM 1 \l 19098 On my right is Ross Davies, Vice‑ President Programming, Astral Media Radio GP. And on my left is Brad Phillips, Vice‑President and General Manager, Astral Media GP Vancouver.
LISTNUM 1 \l 19099 Madam Chair, we would like to start by sincerely thanking all of the individuals and organizations that have intervened in support of our application, including many musical, social, cultural, educational and aboriginal organizations. We appreciate their testimonies and hope that the Commission will give us the opportunity to develop and improve the long‑standing partnerships that we have already dealt with them.
LISTNUM 1 \l 19100 As you know, Madam Chair, Astral did not intervene against any other applicants in Phase II and none of the other applicants have intervened against our proposal. So there are no real matters to reply to.
LISTNUM 1 \l 19101 But we listened carefully to what was said during Phase II and, with your permission, we would like to provide a few comments in response.
LISTNUM 1 \l 19102 MR. DAVIES: We share the opinion expressed by many interveners that 104.1 frequency should be allocated to a new private commercial radio station in order to best serve the Vancouver area.
LISTNUM 1 \l 19103 As we and other applicants have demonstrated, in Vancouver there remain underserved demographics and formats that are not yet available, including our new Active AC format with its many innovative spoken word components.
LISTNUM 1 \l 19104 Furthermore, since a 104.1 frequency is the last quality FM frequency available in Vancouver, this will be the last chance to introduce further programming diversity into the private commercial radio landscape, the last chance to add new, local and live musical and spoken word content while generating millions of dollars in CCD commitments that would not otherwise be available to Canadian talent from B.C.
LISTNUM 1 \l 19105 Many of the interveners have suggested that there are numerous alternative solutions that will allow CBC, who well serve Nanaimo, other than the use of 104.1. As our engineers did not specifically analyze these options, we cannot comment on them.
LISTNUM 1 \l 19106 But we would like to suggest that even if there is no other technical solution for CBC in Nanaimo, we strongly believe that the best use of 104.1 would be its allocation to a new private commercial radio station, specifically to our Active Easy Rock proposal which will provide unique, innovative and diverse programming to a clearly unsatisfied demographic.
LISTNUM 1 \l 19107 Considering the scarcity of frequency still available in Canada's third largest urban area, it is, in our view, the best option in meeting both the mandate and the spirit of public policy.
LISTNUM 1 \l 19108 MR. PHILLIPS: During Phase I the Commission asked every applicant which other application would be most complementary should they be granted a licence. After listening carefully to all applicants, we believe that should the Commission choose to grant a licence for a new station on the 104.1 frequency to Active Easy Rock, the simultaneous granting of Pattison's application to convert its AM station to the FM band will provide a number of significant market advantages.
LISTNUM 1 \l 19109 First, it will establish a very healthy and dynamic level playing field among the five major private radio groups in the market.
LISTNUM 1 \l 19110 Given that Corus, CTVGM and Rogers currently enjoy a combo of FM stations while Astral and Pattison each have one AM and one FM station, if Pattison flips its AM station to FM and Astral is granted a second licence for a new station a 104.1, each of the five Vancouver radio groups will, for the first time, be on a level playing field, each operating two FM stations.
LISTNUM 1 \l 19111 In terms of fair compensation, there could be no more ideal situation. This market correction will force each of these broadcasters to outdo themselves, to be innovative and hypersensitive to the needs of their listeners and to the community they serve in order to maintain market share in what would be, for the first time, perfectly balanced competitive market conditions.
LISTNUM 1 \l 19112 This would be to the benefit of all Vancouver radio listeners as well as the Canadian music industry.
LISTNUM 1 \l 19113 Another advantage will be that both the new and the converted FM stations will be operated by experienced locally grounded and financially sound broadcasters who have the expertise to succeed with these two stations in this highly competitive market.
LISTNUM 1 \l 19114 Finally, in accepting both the Astral proposal and the Pattison flip, the Commission will generate $21 million in CCD commitments, the bulk of this $21 million dedicated to emerging artists.
LISTNUM 1 \l 19115 It goes without saying that this is a significant amount of money that will have very tangible long‑term benefits and, as we have previously mentioned, this may be the last chance to generate this kind of extraordinary CCD financing from the private radio industry in Vancouver.
LISTNUM 1 \l 19116 This is money that will strongly support B.C. music and artists, not‑for‑profit broadcasters, as well as students in journalism and broadcasting well into the future. This support is a key consideration which we respectfully urge you to consider when rendering your decision.
LISTNUM 1 \l 19117 MS LAFLAMME: That concludes our participation in this hearing.
LISTNUM 1 \l 19118 We would like to thank the Commission for the time spent listening to all applicants and interveners. In our opinion, this hearing was very instructive and was respectfully managed in good faith and with great care.
LISTNUM 1 \l 19119 We would be happy, of course, to answer any additional questions that you may have.
LISTNUM 1 \l 19120 Thank you.
LISTNUM 1 \l 19121 THE CHAIRPERSON: Thank you very much, panel, for your time.
LISTNUM 1 \l 19122 THE SECRETARY: I would ask Harvard Broadcasting to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19123 MR. COWIE: Madam chair, Members of the Commission, Commission staff, thank you for this opportunity to have one more short chat with you before we leave for points elsewhere.
LISTNUM 1 \l 19124 For the record, I am Bruce Cowie, Vice‑President and General Manager of Harvard Broadcasting.
LISTNUM 1 \l 19125 At the table with me today are Michael Olstrom, Harvard Station Group Manager; Karen Broderick, who is responsible for Harvard's national sales; Debra McLaughlin of Strategic Inc.; and Rob Malcolmson, our legal counsel from Goodmans LLP.
LISTNUM 1 \l 19126 At the outset, we would like to acknowledge the over 200 quality interventions that were filed in support of adding JANE's independent Western voice to Vancouver radio. These interventions, as well as the support we received during our focus groups, and when we prevented JANE to Vancouverites at a community open house, speak eloquently to the need for innovative programming and new editorial diversity in Vancouver.
LISTNUM 1 \l 19127 The purpose of our appearance today is to address two issues. These arose during the course of the hearing.
LISTNUM 1 \l 19128 While none of the competing applicants intervened against our proposal to bring JANE to Vancouver, two applicants, Pattison and 6851916, did raise issues in their presentations in‑chief to which we wish to reply now.
LISTNUM 1 \l 19129 Pattison has applied to convert its AM station to FM and for a new FM licence at 104.1. Both applications propose a AAA format. During their presentation in‑chief, the Pattison group argued that their proposal was the best use of the spectrum and would add a new voice to the market.
LISTNUM 1 \l 19130 We take no position on the relative merits of the Pattison proposal, but what we would like to state for the record is that the approval of Pattison's AAA conversion at 100.5 and Harvard's application at 104.1 should not be considered mutually exclusive.
LISTNUM 1 \l 19131 In our view, approval of the Pattison application of 100.5 should not mean that Harvard's proposal for 104.1 is denied.
LISTNUM 1 \l 19132 Why Vancouver West is so important to us is it is Canada's largest radio market in the West and without it we simply would not be able to achieve the critical mass that is necessary for us to emerge as a stronger western editorial voice.
LISTNUM 1 \l 19133 Again, why is it so important to Harvard to be in Vancouver?
LISTNUM 1 \l 19134 Because this licence will double the reach of Harvard's radio stations from the current level of 1.4 million to 3.4 million people. This critical mass is absolutely essential to our growth strategy and our role within the Canadian broadcasting system.
LISTNUM 1 \l 19135 Unlike others at this hearing, Harvard has no ambitions to become a national broadcaster. We believe there are already more than enough national radio conglomerates.
LISTNUM 1 \l 19136 Instead, our goal has always been to offer a distinct western regional broadcast voice with stations in small and large markets from Manitoba west to Vancouver. We believe that through this approach we can be an innovator in programming NCCD, while at the same time adding a distinct western voice to the radio scene in each of the markets we serve.
LISTNUM 1 \l 19137 So if you decide to approve Pattison's conversion to FM, we will adjust accordingly. We believe we can bring JANE into this market and compete quite successfully with Pattison's AAA offering. JANE is distinct, as the other AAA applicants have acknowledged.
LISTNUM 1 \l 19138 JANE will be a voice for Vancouver's single largest population cohort, women aged 35 to 54. JANE will be a voice that does not exist in this market today.
LISTNUM 1 \l 19139 Having now heard all of the applications, and in particular the descriptions of the various AAA formats, we are convinced that JANE can stand alone, even if you were to approve Pattison's AM to FM conversion or indeed against any of the other AAA applicants.
LISTNUM 1 \l 19140 Madam Chair, Commissioners, Harvard is prepared to invest the time and the resources required to succeed in Vancouver radio because this market is absolutely essential to our growth and development as a Western regional‑based broadcaster.
LISTNUM 1 \l 19141 Karen...?
LISTNUM 1 \l 19142 MS BRODERICK: Thanks, Bruce.
LISTNUM 1 \l 19143 During their presentation in‑chief representatives of 6851916 described our share projections as a stratospheric, thereby calling into question our revenue projections as well.
LISTNUM 1 \l 19144 The methods we use in formulating our projections have always been proven to be accurate. We used the same methods in our Calgary application and they have proven to be correct in our launch forecast and beyond.
LISTNUM 1 \l 19145 The projected eight share at maturity reflects the very high level of demand for a new voice, new music and a new approach to programming that we found in the Vancouver market. There is a strong appetite for something new and our projections reflect this.
LISTNUM 1 \l 19146 Over 80 per cent of our target audience stated that they would listen to JANE. We correlated our projections to the responses of interest to the music format and came up with similar numbers.
LISTNUM 1 \l 19147 We looked at the performance of stations like ALICE in the U.S., female morning shows, female skewing stations across Canada and the track record of new stations.
LISTNUM 1 \l 19148 We also had the perfect proxy for a stand‑alone station in Vancouver with The Beat. It launched at a 3.2 share and as of last fall was posting an 8.3 share. The Beat did this despite targeting a much smaller audience base than JANE and despite being a stand‑alone station in a highly competitive market.
LISTNUM 1 \l 19149 We also note that in a much more competitive market like Toronto, with the strong U.S. and Canadian spill services complicating the market, stations even less strongly branded as female services than JANE pull in comparable or better shares. The conclusion one has to draw from all of this is that the shares are reasonable and achievable.
LISTNUM 1 \l 19150 We also confirmed our top‑down approach by building our model from the ground up. Using rate cards obtained from incumbent broadcasters through local and national agencies, we knew precisely what the market was selling for and what rates the agencies were applying for Vancouver.
LISTNUM 1 \l 19151 We estimated our ratings based on projected shares for each day part, created a market entry unit rate and multiplied this by our anticipated sold units. We have an average sell outright of 46 per cent over our entire schedule for the first year based on the average number of minutes sold in the market.
LISTNUM 1 \l 19152 Our unit rates averaged $75 per 30‑second spot. To put this into perspective, six years ago when The Beat launched in this market its average unit rate was $80.
LISTNUM 1 \l 19153 The support we received from advertisers and media buyers in the intervention process was overwhelming. Advertisers, including some of the largest agencies in Canada, and media buyers from Vancouver agencies have reviewed our programming, our audience shares and our unit rates. They wrote letters of support because they believe JANE FM can meet their goals.
LISTNUM 1 \l 19154 In summary, when one reviews the data objectively, the question is not why our audience shares and revenues are higher than other applicants, the real question is why, if the demand is so great for other proposed formats, are other applicants' revenues not reflective of what a successful service should generate in this growing market.
LISTNUM 1 \l 19155 MR. COWIE: Thank you, Karen.
LISTNUM 1 \l 19156 Madam Chair, Members of the Commission, Commission staff, we would like to congratulate you on a great hearing, managed very well, touched with humour, particularly yesterday, and a very difficult road for you to go down now to try to figure all of this out.
LISTNUM 1 \l 19157 But I think at the end of the day what you will bring forward is something new and exciting for this market and a good solid use of what is left of 104.1.
LISTNUM 1 \l 19158 Thank you so much and congratulations again on your great work.
LISTNUM 1 \l 19159 THE CHAIRPERSON: Legal counsel has a question.
LISTNUM 1 \l 19160 MS PINSKY: Yes. I just would like to clarify for the record, in your response the additional information you provided in response to an undertaking that you took, you clarified that your application proposes a Category 3 music level of 20 per cent.
LISTNUM 1 \l 19161 I would just like to ask what your comment would be in response to adhering to that level by way of a condition of licence?
LISTNUM 1 \l 19162 MR. COWIE: Yes.
LISTNUM 1 \l 19163 MS PINSKY: Thank you.
LISTNUM 1 \l 19164 THE CHAIRPERSON: Thank you for your application and your time.
LISTNUM 1 \l 19165 THE SECRETARY: I would now ask Vista Radio Ltd.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19166 MS MICALLEF: Good afternoon. My name is Margot Micallef and I am the Chair and CEO of Vista Radio.
LISTNUM 1 \l 19167 With me is Brian Edwards, our Vice‑ Chair, and Jason Mann, our Vice‑President Programming.
LISTNUM 1 \l 19168 First, we would like to start by thanking all of the interveners who filed comments in support of our application, and we do have some comments in respect to some comments that were made during the proceedings.
LISTNUM 1 \l 19169 A number of applicants have characterized vista's proposed format as an oldies‑based format. It is not.
LISTNUM 1 \l 19170 Our application uses the term 70s based AC to describe the format we propose. We used the term oldies‑based only once in our application and that is to clarify what our format is not. We used the term 70s based AC no less than 42 times in our application.
LISTNUM 1 \l 19171 The term oldies‑based was not used in the research conducted for Vista; the term 70s based AC was used.
LISTNUM 1 \l 19172 Vista's 70s based AC format for the core of 45 to 54 demographic was transcribed as an oldies format in the Vancouver Notice of Hearing. We can only conclude that a very young CRTC employee translated 45 to 54 as "Oldies".
LISTNUM 1 \l 19173 The reference to oldies was again picked up by the Astral panel when they described Vista's format. Considering the youthful appearance of the Astral panel, we are surprised that they would have described a core demographic of 45 to 54 as "Oldies".
LISTNUM 1 \l 19174 MR. JASON MANN: Further, by characterizing Vista's format as oldies, Astral concluded that our music supply would be limited to 400 songs. As we indicated in our presentation, that number is closer to 1,200 and we will walk you through our calculation.
LISTNUM 1 \l 19175 The 70s comprise 60 per cent of the sound or percentage of spins of our format. Given the hit/non‑hit policy, 44 per cent will be drawn from a pool of music that would qualify as hit material.
LISTNUM 1 \l 19176 Therefore, 16 per cent of material from the 70s would be drawn from the non‑hit album cuts. Of the 44 per cent of material drawn from the 70s that would qualify as hits, we believe there is easily a base of 450 songs. This equates to just 45 songs per year of that decade that would fit the sound of CFM.
LISTNUM 1 \l 19177 There is a plethora of excellent non‑hit material from the 70s that no longer receives airplay, including album cuts and B sides like James Taylor's "Mexico" and the Carpenters "Baby It's You". While these songs may not qualify as hits, they certainly are familiar and beloved by many.
LISTNUM 1 \l 19178 The 70s was the era of the long play record and it was not unusual for music lovers to regularly play albums from front to back.
LISTNUM 1 \l 19179 Further, past CRTC hit/non‑hit regulations created an environment where many of these songs have been frequently played on the radio, creating familiarity. Vista believes the 16 per cent non‑hit material drawn from the 70s will fit within the overall premise of the 70s based AC format.
LISTNUM 1 \l 19180 In fact, the reintroduction of many of these songs will not only be welcomed but also further differentiate the station from the incumbents. The 70s album cut category size will easily be a further 125 songs.
LISTNUM 1 \l 19181 Music drawn from the 60s will represent 5 per cent of the station's sound or spins and will consist of only the most compatible music of the 60s. The 60s category size will easily be a further 125 songs.
LISTNUM 1 \l 19182 Music drawn from the 80s and 90s will represent 5 per cent each of the station's sound or spins. The 80s and 90s categories, together, will again easily total a further 300 songs.
LISTNUM 1 \l 19183 Of the music played from the current decade, there will be three categories, in total representing 25 per cent of the station's sound or spins. Amongst the three categories there will easily be an additional 120 songs or more. In total, the CFM active library will therefore easily consist of over 1,100 songs.
LISTNUM 1 \l 19184 MS MICALLEF: A number of applicants have raised the matter of the expected percentage of the Vancouver CMA that 104.1 can cover. Fifty per cent was mentioned by the CBC, 56 per cent by Newcap, 65 per cent by Astral and 90 per cent by Rock 95.
LISTNUM 1 \l 19185 Vista is well aware of the perceived limitations of 104.1. We have taken them into account on two fronts in our application.
LISTNUM 1 \l 19186 First, we planned for 9,000 watts for our station. That is 1,000 watts more than any other applicant. Vista's 3 and .5 millivolt theoretical coverage pattern is therefore somewhat different from the coverage of the other applicants.
LISTNUM 1 \l 19187 Vista will likely reach as much as 90 per cent of Vancouver, particularly when the ability of today's receivers to filter interference is taken into consideration.
LISTNUM 1 \l 19188 Second, we took the coverage limitations into account in our projections, including in the establishment of our projected market share of 4 per cent overall and 7 per cent of the 35 to 64 demographic in year one, and 5 per cent overall and 8 per cent of the 35 to 64 demographic in year seven.
LISTNUM 1 \l 19189 There has been discussion about the share of the market each applicant can expect given the core demographic each proposes to target. And incumbents such as CHQM may achieve a 9.9 share in the 35 to 64 demographic or JACK FM an 8.1 share.
LISTNUM 1 \l 19190 They don't, however, like CFM will do, program specifically to the 45 to 54 demographic. Rather, their cores fall toward the younger end of that broader demographic.
LISTNUM 1 \l 19191 It is therefore imprecise to compare CHQM's and JACK FM's share of the 35 to 64 demographic with CFM's expected 7 per cent share since CFM's core market is, unlike JACK FM's and CHQM's, the 45 to 54 demographic.
LISTNUM 1 \l 19192 Therefore, given CFM's targeted demographic, CFM's projected 7 per cent share of 35 to 64 is entirely realistic and even conservative.
LISTNUM 1 \l 19193 We are going to deviate from our script somewhat here to address some more recent remarks.
LISTNUM 1 \l 19194 With respect to the intervention filed by Music B.C., we were persuaded by Mr. D'Eith's comments and encouraged by his reference to the fact that Music B.C. has a relationship with FACTOR. FACTOR has advised us that they fully intend to work with Music B.C. and other similar B.C. based organizations to disperse the Vista FACTOR monies to B.C. musicians and in particular to emerging artists in B.C.
LISTNUM 1 \l 19195 FACTOR has explained to us how they have worked with Music B.C. in the past and their practice in awarding funds. We are satisfied that between FACTOR and their reliance on Music B.C., the Vista funds will easily be dispersed to B.C. musicians and emerging artists.
LISTNUM 1 \l 19196 Jason can explain the procedure by which FACTOR has advised us they would work with Music B.C. and how they have done so in the past, if the Commission would desire that information.
LISTNUM 1 \l 19197 Further, we would like to comment with respect to remarks that were made most recently by CBC.
LISTNUM 1 \l 19198 First, regarding CBC's confusion as to the level of impairment that we would suffer, as we have indicated in our intervention, that level of impairment would be with respect to our Ladysmith territory.
LISTNUM 1 \l 19199 Relative to the market that we serve through that station, that is a very small impairment. Our consulting engineer has considered the implications of this proposal on the perspective frequencies that are being sought in Chilliwack and is confident that there will be no interference.
LISTNUM 1 \l 19200 Finally, it is not for us to say what the Commission will have to do regarding decisions or delays. We stand by our proposal to work with CBC's engineers to determine the viability of this proposal, although, as we have indicated, we are quite confident in its feasibility.
LISTNUM 1 \l 19201 We also stand by our earlier position that we will be in a position to file a full technical brief by the end of March or mid‑April.
LISTNUM 1 \l 19202 There was one reference made earlier, as well, with respect to 98.7 and we have some concerns that that signal may in fact interfere with our Courtenay signal which is 98.9.
LISTNUM 1 \l 19203 Those are our remarks and we would be happy to answer any questions.
LISTNUM 1 \l 19204 THE CHAIRPERSON: Thank you, Ms Micallef.
LISTNUM 1 \l 19205 We don't have any more questions and we thank you for your time and your application.
LISTNUM 1 \l 19206 MS MICALLEF: Thank you.
LISTNUM 1 \l 19207 Let me just end on two final points, then.
LISTNUM 1 \l 19208 First, in the event that Astral is awarded this licence and Mr. Parisien makes good on his promise to relocate to Vancouver, my mother has agreed to rent him a room.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 19209 MS MICALLEF: Second, we would like to thank the Commission and the staff for everything that has occurred this week. It has been a very long week and I now fully understand the difference between Adult Contemporary and Oldies. You all look very contemporary and I feel like an oldie.
LISTNUM 1 \l 19210 Thank you.
LISTNUM 1 \l 19211 THE SECRETARY: I would now ask Newcap to come to the presentation table.
‑‑‑ Pause
LISTNUM 1 \l 19212 THE SECRETARY: Please introduce yourself. You have 10 minutes.
LISTNUM 1 \l 19213 Thank you.
REPLY / RÉPLIQUE
LISTNUM 1 \l 19214 MR. MURRAY: Thank you, Madam Chair.
LISTNUM 1 \l 19215 For the record, my name is David Murray.
LISTNUM 1 \l 19216 I would like to thank everyone who was involved in or supported our application, first of all.
LISTNUM 1 \l 19217 You have heard a number of consistent themes this week. You have heard that there are clear opportunities in Vancouver for a diverse new musical based format. Our proposed Adult Urban format is the best choice and the passion for this format best complements the limited coverage of 104.1.
LISTNUM 1 \l 19218 You have heard that intelligent strong news and other spoken word programming can complement the music and contribute to Vancouver's rich cultural diversity. Newcap's 23 hours of spoken word programming and specific diversity initiatives will do just that.
LISTNUM 1 \l 19219 You have heard that this market, currently dominated by Canada's major broadcasters, calls out for a new independent editorial voice. We agree and we are clearly your best assurance of a sustainable new editorial voice over the long‑term. Vancouver truly is a fiercely competitive market and one of the most expensive Canadian markets to operate in. The major broadcasters dominate over 70 per cent of the share of hours tuned and have multiple media holdings.
LISTNUM 1 \l 19220 Compounding this market challenge is the fact that 104.1 is an impaired frequency, reaching only 56 per cent of the 2.5 million Greater Vancouver residents who would typically be reached by the existing Vancouver stations.
LISTNUM 1 \l 19221 Given this, business plans that depend on attaining a market share of greater than 3 per cent at any point over the first licence term must be viewed by the Commission as highly suspect and anything over 5 per cent is simply not credible.
LISTNUM 1 \l 19222 It is simple math. A 5 per cent share of Greater Vancouver translates into an 8 or 9 per cent share of the Vancouverites served by 104.1. That would put the new station in the top three.
LISTNUM 1 \l 19223 It's nice to aspire to be in the top three. We all shoot for it. But to build your business plan on it is just not reasonable.
LISTNUM 1 \l 19224 Newcap's business plan represents the best use of 104.1 and is one of the few realistic plans before you.
LISTNUM 1 \l 19225 In addition to our very solid business plan, I can't emphasize enough the importance of our B.C. breakout initiative. For the first time since the youthful days of FM radio in the early to late 70s, local bands are getting significant commercial radio airplay in this country courtesy of Newcap's CCD commitments in Ottawa and Calgary.
LISTNUM 1 \l 19226 Literally hundreds of independent local bands are being given the chance to break out onto the national music scene in Canada, again, all courtesy of recent CCD commitments from Newcap.
LISTNUM 1 \l 19227 The energy and tremendous groundswell of optimism emerging from the Canadian music scene today is palpable and is real.
LISTNUM 1 \l 19228 Newcap Radio is harnessing that energy. We are bridging the gap between supply and demand. We are launching careers and we are quite literally changing lives.
LISTNUM 1 \l 19229 With our B.C. breakout initiative, we are asking for the privilege of doing the same thing for the hundreds and thousands of talented aspiring musicians in B.C. and Vancouver markets.
LISTNUM 1 \l 19230 In our Phase I appearance we were asked: How important is this Vancouver licence to your company into your overall plan to expand into British Columbia? I'm here to tell you that this market is very important to us and it is the reason we are appearing before you.
LISTNUM 1 \l 19231 You might not know that half of our radio stations are already in western Canada.
LISTNUM 1 \l 19232 In the words of VOCM's Gerry Phelan who appeared with me earlier this week, Newcap would love to be the first private radio broadcaster to join Rick Hansen and Steve Fonyo in completing the coast‑to‑coast journey begun by Terry Fox.
LISTNUM 1 \l 19233 However, we all know this process is not about poetry or what is best for Newcap or any broadcaster for that matter. This hearing is about what is most in the public interest.
LISTNUM 1 \l 19234 So if you think the public is looking for a new independent editorial voice for Vancouver with the strength and perseverance to serve and survive for the long term, we believe they are looking for Newcap.
LISTNUM 1 \l 19235 If you believe the public is looking for an applicant with the experience to provide high‑quality local news content and 23 hours of spoken word programming and can share relevant stories among stations from coast to coast, and if you think the public is looking for a proven CCD initiative like B.C. Breakout that is already producing stars and changing lives in Ottawa and Calgary and, if expanded into Vancouver, will create the critical mass to make this a national blockbuster initiative, the public is looking for Newcap.
LISTNUM 1 \l 19236 If there is any doubt as to who is best equipped to bring all of these benefits to the public, the answer is Newcap.
LISTNUM 1 \l 19237 To close, Madam Chair and Members, we wish to thank you again for considering our application and thank both you and the Commission staff for running a very fair and very effective hearing.
LISTNUM 1 \l 19238 We look forward to your decision.
LISTNUM 1 \l 19239 THE CHAIRPERSON: Thank you very much, Mr. Cowie, for your time and your application.
LISTNUM 1 \l 19240 THE SECRETARY: I would now ask Touch Canada Broadcasting.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19241 MR. HUNSPERGER: Madam Chair, Commissioners, staff members, from one of the smaller broadcasting companies in this room, but, if you have noticed, from one of the broadcasting companies that has the longest applicant name, out‑beating the Pattison Group, we would like to thank all of you, those that have intervened in support for our application, particularly those who made presentations before you yesterday.
LISTNUM 1 \l 19242 While we didn't appear for Phase II on this proceeding, Touch Canada fully endorses the views expressed by other applicants regarding the CBC proposal. We believe that there are other solutions available to the CBC and that 104.1 would be better utilized in Vancouver rather than Nanaimo.
LISTNUM 1 \l 19243 Madam Chair, Commissioners, CRTC staff, we would like to thank you for your very thorough and thoughtful manner in which this hearing has been conducted.
LISTNUM 1 \l 19244 We wish you good luck in the remaining phases of this hearing and a safe journey home next week.
LISTNUM 1 \l 19245 Thank you.
LISTNUM 1 \l 19246 THE CHAIRPERSON: Thank you, Mr. Hunsperger, for your time and your application.
LISTNUM 1 \l 19247 THE SECRETARY: I would now ask 0785330 B.C. Ltd.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM 1 \l 19248 MR. BADH: And the first shall be last.
LISTNUM 1 \l 19249 Good afternoon, Commissioners. I am here with my partner Jim McLaughlin, Liz Janik and Jaspreet Gill.
LISTNUM 1 \l 19250 We are here to reply to the written and oral interventions to our application.
LISTNUM 1 \l 19251 Jim...?
LISTNUM 1 \l 19252 MR. McLAUGHLIN: We note the interventions by many of the other applicants to the CBC and agree with them that there are other solutions for the CBC, and we will leave our attack on the mother court there.
LISTNUM 1 \l 19253 In Phase I, 6851916 Canada Inc., known as SHORE‑FM ‑‑ I will continue to refer to them as SHORE, if you don't mind ‑‑ raised questions about the wisdom of our inclusion of Category 3 music, our projected market share and therefore our revenues.
LISTNUM 1 \l 19254 We cannot agree with them.
LISTNUM 1 \l 19255 They challenged the research provided by one of Canada's foremost radio researchers, David Oakes. David reviewed 29 different music styles and seven formats to come to his conclusion.
LISTNUM 1 \l 19256 So on what does SHORE‑FM base their certainty that such a mix is not viable?
LISTNUM 1 \l 19257 Well, the research filed with their application asked a total of 13 questions and one about format. They did not ask listeners about their interest in a wide variety of music styles. Therefore, they did not discover the high demand for an Adult Alternative format which features specialty music styles.
LISTNUM 1 \l 19258 SHORE told you that our share projections were not realistic and certainly not for a AAA station. We are confident that our projections are very realistic.
LISTNUM 1 \l 19259 Interestingly enough, their own share projections are remarkably similar to ours in the first years. We have provided you a chart that compares their share projections to ours.
LISTNUM 1 \l 19260 Our numbers in the first three years are very similar. We based our projections on Mr. Oakes' research and actually reduced them slightly to be prudent.
LISTNUM 1 \l 19261 SHORE‑FM did not show any research rationale to support their attack.
LISTNUM 1 \l 19262 Even if we only reached the shares that they project, we are a viable station. We have provided a spreadsheet that shows our restated revenue and profit if we only drew the shares projected by SHORE for themselves.
LISTNUM 1 \l 19263 In this most pessimistic scenario we will still provide a return that makes this a worthwhile endeavour.
LISTNUM 1 \l 19264 You have heard from a number of applicants that turning to radio has declined in this market, and you asked interveners yesterday and today why this is so, particularly amongst the younger people. We believe that a significant reason is that radio is not offering listeners the format choices that match their actual interest.
LISTNUM 1 \l 19265 The sameness of formats arises from the practice of using industry charts to determine the safe songs to play, meaning the ones that make it to the top of the airplay charts. With consolidation in the industry there has been a move among some broadcasters to make centralized corporate decisions about which songs are played. So the majority of programmers are not watching local retail and they are not plugged into the streets to find the latest buzz.
LISTNUM 1 \l 19266 Our inclusion of Category 3 music is based on identified listener needs and, contrary to SHORE‑FM's claims, is very viable.
LISTNUM 1 \l 19267 Liz...?
LISTNUM 1 \l 19268 MS JANIK: We were able to identify the listeners' needs by using David Oakes' comprehensive reliable research. These listeners ‑‑ he found a large demand in Vancouver for an Adult Alternative radio station whose listeners share a common interest in Category 3 music styles.
LISTNUM 1 \l 19269 Specifically, 100 per cent of The Planet's core listeners said that they wanted to hear blues on the new radio station; 82 per cent said that they wanted to hear reggae; 81 per cent said folk; and 68 per cent agreed that they wanted to hear world beat played on the radio in Vancouver.
LISTNUM 1 \l 19270 The common denominator among these listeners is that they want to hear this eclectic mix of Category 3 music styles with Adult Alternative music.
LISTNUM 1 \l 19271 We agree with some of the other applicants who has said that Vancouver can support more than one AAA station. This is certainly the case in many markets throughout the United States. In particular, you could look at Santa Fe with a population of less than 100,000 people, which has three Adult Alternative radio stations.
LISTNUM 1 \l 19272 Contrary to the comments made by SHORE, the assertion that we would not be able to launch successfully and that we would not reach our projected shares, this is simply not true.
LISTNUM 1 \l 19273 I can say this to you because I have worked with research such as David Oakes' research, and in fact with David Oakes, in many major American markets creating radio station formats that were new to the market based on quality information, reliable information about what listeners really want and combined with the courage of owners to try an original format.
LISTNUM 1 \l 19274 Therefore, I am completely confident that The Planet will succeed as Vancouver's new Adult Alternative.
LISTNUM 1 \l 19275 MR. BADH: Thanks, Liz.
LISTNUM 1 \l 19276 Commissioners, Astral and Harvard both stated that the Commission should be careful and licensing an independent since it would be very possible that they could sell out in short order and disappear.
LISTNUM 1 \l 19277 The Beat was sold within the first term of licence.
LISTNUM 1 \l 19278 With respect, Commissioners, we do not believe that example is applicable to us. They had financial problems right off the bat. This is not an issue for us. We plan to be players in this industry for years to come.
LISTNUM 1 \l 19279 There are many successful independent broadcasters across Canada. Here are but a few examples.
LISTNUM 1 \l 19280 Pineridge Broadcasting in Cobourg has operated in a difficult, competitive situation for many, many years. Paul Larche has survived and flourished as a stand‑alone operator in a number of markets. Haliburton Broadcasting is doing very well in Northern Ontario. Milestone has now been operating for a term of licence as a stand‑alone station in Canada's most competitive market, Toronto. Just up the road from here in Kamloops, NL Broadcasting is also thriving.
LISTNUM 1 \l 19281 If we look at the big guys, there is no guarantee that they will still be licensees if you grant them the licence. A year ago who would have thought Standard Broadcasting would no longer exist? And who would have thought CHUM would no longer exist?
LISTNUM 1 \l 19282 Madam Chair, Members of the Commission, there is no guarantee that by licensing to a large player that the same licensee will be there for licence renewal.
LISTNUM 1 \l 19283 But there is one guarantee: If you do not license to an independent, well‑financed, local player, you will not have a diverse new editorial voice in Vancouver, one that is sensitive to the multicultural reality of Vancouver.
LISTNUM 1 \l 19284 Jim and I do not have to tell you that we will move to Vancouver; we already live here.
LISTNUM 1 \l 19285 Finally, I would be remiss not to thank the many people who took time to write letters to you and the people who took their time out to come here yesterday morning.
LISTNUM 1 \l 19286 Three local mayors have told you the importance of local ownership and of my involvement in the community. Almost 100 multicultural and non‑profit organizations in Vancouver have told you that they think it is time for a visible minority owner in mainstream media in this city.
LISTNUM 1 \l 19287 Musicians have told you of the incredible interest in a variety of special musics, special music styles, including the fusion between styles. As a specialty service by condition of licence, The Planet cannot change format.
LISTNUM 1 \l 19288 Commissioners, we made this commitment well before Gazette date.
LISTNUM 1 \l 19289 And the same musicians told you of the value of our proposed CCD initiatives.
LISTNUM 1 \l 19290 Madam Chair, Commissioners, two years from this date Vancouver will receive the world to the 2010 Winter Olympics and Paralympics. Vancouver is a diverse city with much to offer: natural beauty, multicultural population, with an emerging new mainstream that includes aboriginal people, East and South Asians and many other ethnic groups.
LISTNUM 1 \l 19291 We hope that when the world comes to Vancouver, they will be able to listen to The Planet.
LISTNUM 1 \l 19292 I would like to thank the Commissioners for their patience and thorough examination of all the applicants at this hearing. Commission staff members have been extremely helpful, and we would like to thank them as well, including the examination room staff.
LISTNUM 1 \l 19293 We understand that this is Ms Waugh's first hearing as a Secretary of the hearing and we congratulate her on a successful debut.
LISTNUM 1 \l 19294 Thank you.
LISTNUM 1 \l 19295 THE CHAIRPERSON: Thank you very much, Mr. Badh and Mr. McLaughlin and the panel, for your time and for your application.
LISTNUM 1 \l 19296 At this time I believe you are the last applicant and I would just like to say a word for all of the applicants.
LISTNUM 1 \l 19297 I spent the rest of the hearing since yesterday looking for more relatives in the audience so that I could slough off more questions to Commissioner Cugini, but no luck.
LISTNUM 1 \l 19298 I hope my moments of panic up here provided you with moments of humour and some much deserved moments of relief from your hard work.
LISTNUM 1 \l 19299 I thank you very, very much for your applications, the courtesy and patience you have shown to the Commission and the respect you have shown for the process.
LISTNUM 1 \l 19300 Please pass on the Commission's appreciation to your interveners who came out to participate and tell them that their contribution is much felt.
LISTNUM 1 \l 19301 A special thanks to our Commission staff and for the Vancouver leg of the journey, Mr. Joe Aguiar, Ms Gendron, Ms Pinsky, Mr. Daigle, Mr. Parker and Cindy‑Lee Scullion and Claude Perrier, and my colleagues and fellow Commissioners.
LISTNUM 1 \l 19302 We have a very, very difficult decision to make and we know how important this all is to you, and all of the time and hard work you put into your application is much appreciated and your submissions are helpful and are valued.
LISTNUM 1 \l 19303 Thank you.
LISTNUM 1 \l 19304 THE SECRETARY: This concludes the Vancouver market portion of the hearing.
LISTNUM 1 \l 19305 We will continue next week on Monday, starting at 9:30, with the Chilliwack market.
LISTNUM 1 \l 19306 Thank you.
‑‑‑ Whereupon the hearing adjourned at 1456, to resume
on Monday, March 3, 2008 at 0930 / L'audience
est ajournée à 1456, pour reprendre le lundi
3 mars 2008 à 0930
REPORTERS
____________________ ____________________
Barbara Neuberger Beverley Dillabough
____________________ ____________________
Jean Desaulniers Fiona Potvin
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