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Broadcasting Decision CRTC 2003-195
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Ottawa, 2 July 2003
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Aboriginal Voices Radio Inc.
Montréal, Quebec |
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Application 2002-0286-2
Public Hearing at Montréal, Quebec
3 February 2003 |
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Native FM radio station in Montréal
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In this decision, the Commission
approves the application by Aboriginal Voices Radio Inc. (AVR) for a
new native Type B FM radio station in Montréal that will feature
programming in English, French and Aboriginal languages. The Commission,
however, denies AVR’s request to use 100.1 MHz (channel 261A) in
Montréal and directs the applicant to submit, within six months
of the date of this decision, an amendment to the proposed technical
parameters predicated on the use of another frequency in Montréal.
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Introduction
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1. |
The Commission received an application by
Aboriginal Voices Radio Inc. (AVR) for a broadcasting licence to operate
an English-, French- and Aboriginal-language native Type B FM radio
programming undertaking in Montréal at 100.1 MHz (channel 261A) with an
effective radiated power of 1,000 watts. AVR’s application was
technically mutually exclusive with competing applications by Cogeco
Radio-Télévision inc. (Cogeco) to operate at 100.1 MHz (channel 261C1)
in Trois-Rivières, by Azzahra International Foundation Inc. (Azzahra) to
operate at 100.1 MHz (channel 261A) in Montréal and by TVA Group Inc.
(TVA) to operate at 100.1 MHz (channel 261B) in Montréal. |
2. |
The Commission considered AVR’s application
at a public hearing held in Montréal from 3 to 19 February 2003. At the
hearing, the Commission heard eleven other applications in connection
with the Montréal market. The Commission today also approves four of
these proposals: the operation of a commercial French-language specialty
(jazz and blues) FM radio station (Broadcasting Decision CRTC
2003-192),
of a commercial French-language AM radio station (Broadcasting Decision
CRTC 2003-193) and of an ethnic commercial FM radio station
(Broadcasting Decision CRTC 2003-194) as well as the request for the
addition of a transmitter to the broadcasting licence for a Canadian
Broadcasting Corporation radio station associated with the Radio One
network (Broadcasting Decision CRTC 2003-196). |
3. |
The criteria used by the Commission to
evaluate the applications considered at the 3 February 2003 public
hearing are set out in Introductory statement to Broadcasting
Decisions CRTC 2003-192 to 2003-203: Applications related to radio
stations in the Province of Quebec, Broadcasting Public Notice CRTC 2003-33,
2 July 2003 (the Introductory Statement). In the Introductory Statement,
the Commission also addresses the various proposals that were
technically mutually exclusive and the general interventions to most of
the applications, and states its conclusions on the capacity of the
markets in Montréal, in Sherbrooke, in Trois-Rivières and in Saguenay to
support the addition of one or more new radio stations, taking into
account the competitive state of each market. |
4. |
The present decision addresses the
particulars of AVR’s application. |
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Ownership
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5. |
AVR is a not-for-profit corporation
incorporated under federal jurisdiction on 17 July 2001. It is the
licensee of a native FM radio station in Toronto. The Commission has
already approved applications by AVR for native radio stations to be
operated in Ottawa, Kitchener-Waterloo, Calgary, and Vancouver. AVR is
also the licensee of Aboriginal Voices Radio Network (AVRN), which will
distribute the programming of the Toronto station to other AVR radio
stations. |
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The interventions
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6. |
Eleven groups and individuals submitted
interventions in support of AVR’s application. |
7. |
Radio-Classique Montréal inc. (Radio-Classique),
the licensee of CJPX-FM Montréal, filed an intervention that opposed
AVR’s request to use 100.1 MHz in Montréal. The intervener was concerned
that a station operating at this frequency in Montréal would cause
interference to CJPX-FM. |
8. |
An opposing intervention filed by the
Association des radiodiffuseurs communautaires du Québec and the
comments submitted by the Association québécoise de l’industrie du
disque, du spectacle et de la vidéo, by the Société professionnelle des
auteurs et compositeurs du Québec and by the Union des artistes are
discussed in the Introductory Statement. |
9. |
At the hearing, AVR responded to all the
interventions to its application stating that it is in the process of
establishing a national radio network that will offer programming that
reflects the needs and interests of Aboriginal Canadians. AVR stated
that the station proposed in the present application would fill the need
for an Aboriginal radio voice in Montréal. |
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Programming
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10. |
The programming to be offered by the
proposed station would be primarily that of AVRN, originating with the
Toronto station. Since December 2002, AVRN has broadcast a test signal
comprised primarily of Aboriginal music with no commercial messages,
some news and a community events calendar. The network plans to address
the needs, interests and concerns of Aboriginal Canadians, particularly
those living in urban areas. AVRN proposes to provide programming
primarily in English and French, with regular inclusions of many native
languages, as well as Spanish and other languages. According to the
applicant, the proposed Montréal station represents an important step in
its plan to develop a greater Francophone presence on the network. |
11. |
AVR stated that its proposed station would
offer the only Aboriginal radio service in the Montréal market. The
applicant stated that the proposed station’s programming would allow the
members of Montréal’s Aboriginal community to be better informed and
able to interact with other Aboriginal communities across Canada. |
12. |
AVR stated that the schedule of programming
in Montréal would present information from an Aboriginal viewpoint,
including full Aboriginal news reports, a women’s round table
discussion, specialty music programs, and programs focused on issues
related to language, youth, elders, and health. Montréal audiences would
have opportunities to participate in call-in programs and music request
shows through both telephone and Internet access. |
13. |
As part of its application, AVR made
commitments that at least 2% of all programming aired in each broadcast
week and at least 2% of all vocal musical selections would be in a
Canadian Aboriginal language. AVR also committed to ensure that at least
25% of all programming broadcast in each broadcast week would be spoken
word and that music programming would feature a mix of primarily
Canadian and World Aboriginal artists in a broad range of genres. |
14. |
AVR made commitments to offer at least
14.5 hours of original local programming originating in Montréal in each
broadcast week, increasing to at least 30 hours in each broadcast week
by the end of the licence term, and to devote a minimum of 12 hours of
its local programming to French-language programming. While the network
programming offered on the Montréal station would be primarily
music-oriented, most of the local programming would be spoken word and
would include news reports, a 1- to 2-minute activity community
calendar, public service announcements and special events. Local music
programming would feature local and regional Aboriginal artists. Where
possible, live studio appearances or live broadcasts from local musical
venues would present well-known and previously unrecorded artists. |
15. |
Initially, the local programming would
feature material provided by volunteer producers in Montréal. As
resources become available, AVR planned to hire one or two local
journalists or producers to provide enhanced local coverage. The local
programming produced in Montréal would also be carried on the national
network. |
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Canadian talent development
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16. |
AVR expressed its belief that the greatest
contribution it can make to Canadian talent development is to broadcast
the music of Canadian Aboriginal artists. |
17. |
The applicant noted that the proposed
station would be part of the AVRN network of radio stations and that
Aboriginal artists in the Montréal area would therefore see their
exposure to the entire country increase dramatically. AVR is committed
to the development of Canadian native talent, and would extensively
promote and feature music by new and seldom-heard artists. It made a
commitment to ensure that at least 25% of all musical selections
broadcast would be from Canadian Aboriginal artists. AVR also stated
that Aboriginal artists would receive featured exposure on programs with
spoken-word background information through its plans to broadcast two
two-hour weekly programs focusing on Aboriginal music and artists. |
18. |
In addition to the commitments noted above,
AVR proposed to feature in-studio interviews with Aboriginal artists,
programs hosted by Aboriginal guests and live studio performances. The
applicant also set out plans to offer free promotion of performances by
native artists. As resources become available, AVR would also produce an
annual talent showcase for emerging Aboriginal musical talent and a
compact disk compilation. |
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Business plan
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19. |
AVR proposed that the new station would
operate as a part of AVRN. The network is dependent upon national
advertising, which would be enhanced by the granting of a licence to
operate in Montréal, a desirable market for national advertisers. The
applicant further stated that the projected increase in national
advertising revenue would defray the costs of operating a Montréal
station. AVR does not propose to solicit local Montréal advertising
initially. AVR stated that if it wished to do so in the future, it would
request prior approval from the Commission to solicit local advertising.
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Advisory Circle
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20. |
AVR’s main advisory board, the Aboriginal
Voices Advisory Circle, made up of people from across Canada in
different professions, would promote and publicize the radio station’s
programming, gather material for AVRN and recruit members for a smaller
group to be known as the Montréal Media Advisory Circle. The smaller
group would communicate the particular needs and interests of the local
Aboriginal community to the network, and provide feedback and advice to
the network on the programming needs of the Montréal audience. |
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Employment equity
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21. |
AVR stated that it is essentially a
gender-balanced organization with an Aboriginal component and, if
licensed to operate in Montréal, would have every intention of including
persons with disabilities in its staff. The applicant added that, while
the staff of the proposed station would be predominantly Aboriginal and
there would be requirements for knowledge of Aboriginal issues for some
positions, qualified non-Aboriginal candidates would certainly be
considered for employment. It further indicated that it has drafted an
employment equity policy that recognizes women, Aboriginal peoples,
persons with a disability and visible minorities. AVR’s advisory board
has not yet authorized this policy. |
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Cultural diversity
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22. |
Section 3(1)(d)(iii) of the Broadcasting
Act (the Act) states, in part, that the Canadian broadcasting system
should reflect the "multicultural and multiracial nature of Canadian
society and the special place of Aboriginal peoples within that
society." |
23. |
AVR stated that, although the station would
be operated predominantly by Aboriginal Canadians and focus primarily on
Aboriginal issues and concerns, it would reflect the reality of Canada’s
cultural diversity in its employment practices, news, music and
promotion of Canadian artists. |
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The Commission’s conclusion
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24. |
The Commission is satisfied that AVR’s
proposal will not have a significant negative financial impact on any
existing local Montréal radio station, and that the entry of AVR into
the Montréal market will not change the competitive balance of that
market. |
25. |
The Commission considers that the business
plan presented by AVR is satisfactory. |
26. |
With respect to the applicant’s plans for
Canadian talent development, the Commission is aware that, as a
not-for-profit station, the proposed undertaking would not be able to
dedicate a large budget to financial assistance for talent development
initiatives, in comparison to those of commercial radio stations. The
Commission notes, however, the applicant’s plans for the development of
Canadian talent, and is satisfied that providing increased airplay for
Aboriginal musicians will be beneficial to their careers. |
27. |
The Commission is satisfied that the
programming service proposed by Aboriginal Voices Radio Inc. is
consistent with the objectives of the Act, in particular its call for
the provision of programming reflective of Canada’s Aboriginal cultures.
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28. |
The Commission therefore approves
the application by Aboriginal Voices Radio Inc. for a broadcasting
licence to operate an English-, French-, and Aboriginal-language native
Type B FM radio programming undertaking in Montréal. The Commission,
however, denies AVR’s request for the use of 100.1 MHz (channel
261A) in Montréal and directs the applicant to submit, within
six months of the date of this decision, an amendment to the proposed
technical parameters predicated on the use of another frequency in
Montréal. |
29. |
As mentioned earlier in this decision,
AVR’s application was technically mutually exclusive with competing
applications by Cogeco, Azzahra and TVA to operate at 100.1 MHz. In
Commercial French-language FM radio station in Trois-Rivières,
Broadcasting Decision CRTC 2003-201, released today, the Commission
approves Cogeco’s application to operate a French-language radio station
at 100.1 MHz (channel 261C1) in Trois-Rivières. The Commission denies
the competing applications by Azzahra and TVA to operate at 100.1 MHz in
Montréal in Denial of various applications considered at the 3
February 2003 Montréal Public Hearing, Broadcasting Decision CRTC
2003-204, 2 July 2003. |
30. |
In the circumstances, the Commission
considers that the concerns raised in the intervention by Radio-Classique
are no longer applicable to AVR’s application. |
31. |
The Commission considers that it is
appropriate to impose, as conditions of licence, the applicant’s
programming commitments described earlier in this decision. The
conditions of licence are set out in the appendix to this decision. |
32. |
In accordance with AVR’s commitment, the
Commission expects the applicant to file with the Commission a list of
the members of the Montréal Media Advisory Circle, within six months of
the date of this decision. |
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Issuance of the licence
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33. |
Consistent with the Commission’s Native
Broadcasting Policy, Public Notice CRTC
1990-89, 20 September 1990,
the licence will be for a native Type B FM radio programming
undertaking. The licence will expire 31 August 2009 and will be subject
to the conditions specified therein and set out in the appendix to this
decision. |
34. |
The licence for this undertaking will be
issued once the applicant has: |
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- filed, within six months of the date of this decision, an
application proposing the use of a frequency and that it is acceptable
to both the Commission and the Department of Industry. Any request for
an extension of time must be approved by the Commission and should be
submitted within the six-month period;
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- informed the Commission in writing that it is prepared to commence
operations. The undertaking must be operational at the earliest
possible date and in any event no later than 24 months from the date
of this decision, unless a request for an extension of time is
approved by the Commission before 2 July 2005. In order to ensure that
such a request is processed in a timely manner, it should be submitted
at least 60 days before this date.
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Secretary General |
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This decision is to be appended to the
licence. It is available in alternative format upon request, and may
also be examined at the following Internet site:
http://www.crtc.gc.ca |