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Decision CRTC 2001-627
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Ottawa, 4 October 2001
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Gary Farmer, on behalf of a corporation to be incorporated
(Aboriginal Voices Radio)
Ottawa, Ontario and Hull, Quebec 2001-0290-6
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22 May 2001 Public Hearing
National Capital Region
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New native FM station to serve the Ottawa-Hull region
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At a public hearing in the National Capital Region, the
Commission considered eleven applications for FM stations to serve
the Ottawa/Hull area. In this and other decisions published today,
the Commission has approved a total of four applications for new FM
stations: one English-language dance music station, one that will
have an Aboriginal focus, a multicultural station, and an
application for a French-language classical music service. The
Commission's overall approach to applications for radio stations to
serve the Ottawa/Hull market is discussed in Public Notice CRTC
2001-105 issued today.
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1. |
Among the applications it considered, the Commission heard two
applications competing for authority to use the FM frequency 95.7
MHz for the operation of new radio services in Ottawa/Hull or in its
vicinity. One was the above-noted application by Aboriginal Voices
Radio (AVR). The other was by Yves Belzile, on behalf of a company
to be incorporated, for a proposed FM station at Buckingham. The
Commission, by this decision, approves the application by AVR.
The licence, when issued to AVR, will be subject to the terms and
conditions set out in the appendix to this decision and in the
licence to be issued. In Decision CRTC 2001-629 of today’s date,
the Commission has denied the application by Mr. Belzile. |
2. |
The Commission is satisfied that the service proposed by AVR is
consistent with the objectives of the Broadcasting Act, in
particular its call for the provision of programming reflective of
Canada’s Aboriginal cultures, and considers that approval of the
application is warranted. |
3. |
The Commission notes in this regard the comments contained in
written interventions, and others presented at the hearing,
concerning the social importance of having an Aboriginal radio
station to serve Canada’s capital, given the very limited amount
of Aboriginal programming offered by existing stations. Further,
this station will play an important role in the newly-licensed
Aboriginal Voices Radio Network, providing listeners with relevant
news from the nation's capital. |
4. |
In its early years of operation, the station’s programming
will, in the main, originate with the proposed FM radio station
licensed to AVR in Toronto (Decision CRTC 2000-204). The applicant’s
plans in this regard are similar to those it has for other AVR
stations recently authorized by the Commission, one in Calgary and
the other in Vancouver (Decisions CRTC 2001-172 and
2001-314). In
the case of the Ottawa-Hull station, AVR stated that it would
introduce local programming over time, increasing to as much as
14 hours 30 minutes per week by the end of the first year of
operation. The applicant set forth, as a further objective, the
establishment of a full-time station staff, a parliamentary reporter
and local studio facilities within the first year. |
5. |
AVR will operate the proposed station as a not-for-profit
undertaking. A spokesperson for the applicant at the hearing
confirmed that AVR does not propose initially to solicit local
advertising. The Commission considers that AVR’s plans in this
regard are consistent with the Commission’s long-standing position
that licensees should generally provide local programming in return
for access to local advertising revenue. |
6. |
In an intervention presented at the hearing, the Canadian
Broadcasting Corporation expressed concern that AVR's proposed use
of frequency 95.7 MHz and associated technical parameters would
cause interference to the signal of its CBOC-FM Cornwall
transmitter. CBOC-FM operates on the frequency 95.5 MHz (channel
238A) and rebroadcasts the Radio One service of CBO-FM Ottawa. |
7. |
In particular, the Corporation was concerned about the proposed
transmitter location at Camp Fortune, Quebec and suggested to AVR
that alternative sites in Ottawa/Hull exist which the applicant
could use to fulfil its coverage objectives, and at the same time
avoid causing interference to CBOC-FM. |
8. |
Industry Canada, in its comments to the Commission on this
matter, first noted that the application as originally filed was
technically unacceptable due to the objection raised by the CBC.
However, with the reduction of the proposed effective radiated power
by AVR, Industry Canada concluded from its technical studies that
the predicted zone of potential of interference is minimal.
Consequently, Industry Canada referred the matter to the Commission
to resolve as a marketing issue. |
9. |
For its part, at the hearing AVR acknowledged the potential for
interference, but argued that its application should be approved in
the interests of spectrum efficiency. It added: |
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We have committed to remedy any interference complaints to
the CBOC service, which cannot be remedied by listeners
switching to the CBO service and we have also committed to test
at our own expense, to prove to Industry Canada and the CBC that
[our proposed transmitter] site can be used without impairing
the CBC’s seamless Radio One coverage now or in the future.
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10. |
The applicant confirmed that its commitment includes AVR’s
willingness to reduce the effective radiated power of the station to
less than the 6,000 watts proposed in its application, should tests
reveal this as necessary to ensure the integrity of the CBC’s
service. It further indicated that, if the coverage of the proposed
station were to become severely limited as a consequence, AVR
would consider use of an alternate transmitter site. |
11. |
The Commission has carefully considered the views of both the
applicant and the intervener regarding the potential for technical
interference. It has also taken into account the advice on this
matter provided by Industry Canada. In the Commission’s view, the
CBC has raised legitimate concerns. Nevertheless, the Commission is
also satisfied that AVR has offered the CBC reasonable and
sufficient guarantees that the Corporation’s concerns for
potential interference will not be permitted to materialize. |
12. |
A number of interventions in opposition to this application were
also submitted by various organizations in the francophone community
in the Ottawa area. These interveners expressed concerns related to
the impact that licensing this and other applications might have on
the future development of French-language radio stations to serve
Ottawa/Hull. This matter is discussed in detail in Public Notice 2001-105, also published today. |
13. |
In light of all the above, in particular the value and importance
of the service that the proposed radio station will provide to
Aboriginal listeners in the Ottawa-Hull region, the Commission is
satisfied that approval of the application, as filed, is warranted.
As noted in the appendix, however, the Commission will only issue
the licence and grant the authority to operate when it receives
notification from Industry Canada that its technical requirements
have been met, and that a broadcasting certificate will be issued.
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Related CRTC documents
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• Public Notice 2001-105 – Introductory
statement to decisions CRTC 2001-625 to
2001-629: Radio applications
considered at the 22 May 2001 public hearing in the National
Capital Region |
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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
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Appendix to Decision CRTC 2001-627
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Terms and conditions pertaining to the licence to be issued to
Gary Farmer, on behalf of a corporation to be incorporated
(Aboriginal Voices Radio), for a new FM station to serve the
Ottawa-Hull region
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Industry Canada has advised the Commission that it is prepared to
declare this application as being conditionally technically
acceptable. The Department will only issue a broadcasting
certificate once it has determined that the proposed technical
parameters will not create any unacceptable interference with
aeronautical NAV/COM services and with CBCO-FM Cornwall. |
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Therefore, and in accordance with section 22(1) of the Broadcasting
Act, the Commission will only issue the licence and grant the
authority to operate when it receives notification from Industry
Canada that its technical requirements have been met, and that a
broadcasting certificate will be issued. |
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Further, the Commission will only issue the licence, and it will
only be effective at such time as:
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· the Commission receives documentation
establishing that an eligible Canadian corporation has been
incorporated in accordance with the application in all material
respects and that this corporation may be issued a licence; and |
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· the licensee confirms in writing that
it is ready to begin operation. This must take place within
12 months of today’s date. Any request for an extension to
that deadline requires Commission approval and must be made in
writing within that period. |
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Consistent with the Native Broadcasting Policy, the
licence will be for a Type B Native FM radio undertaking. The
licence, when issued, will expire 31 August 2006,
coincident with the expiry of the other licences to be issued to AVR.
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The new undertaking will operate on the frequency 95.7 MHz,
channel 239B, with an effective radiated power of 6,000 watts,
rather than 8,000 watts as set out in Notice of Public Hearing CRTC 2001-4, unless Industry Canada subsequently approves other technical
parameters for AVR. Following publication of that notice, the
applicant revised its proposed technical parameters after
consultation with Industry Canada regarding potential interference
with existing radio station signals.
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Conditions of licence
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This licence will be subject to the conditions specified in this
decision and in the licence to be issued. By conditions of licence,
the licensee must:
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· provide a minimum of 2% of all
programming broadcast in a Canadian aboriginal language; |
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· provide a minimum of 2% of all vocal
musical selections played during each broadcast week in a Canadian
aboriginal language; |
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· provide a minimum level of 25% spoken
word programming each broadcast week; |
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· provide a minimum level of 35%
Canadian selections played in their entirety as a percentage of all
musical selections from Category 2 – Popular music, played in each
broadcast week; |
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· adhere to the guidelines on gender
portrayal set out in the Canadian Association of Broadcasters' (CAB)
Sex-role portrayal code for television and radio programming, as
amended from time to time and approved by the Commission; and |
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· adhere to the provisions of the CAB's
Broadcast code for advertising to children, as amended from time to
time and approved by the Commission. |
Date Modified: 2001-10-04
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