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Public Notice CRTC 2001-70
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Ottawa, 15 June 2001
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Changes to conditions of licence for certain native radio
undertakings
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1. |
In Public Notice CRTC 2000-105 dated 17 July 2000, the Commission
called for comments on proposals to amend certain conditions of
licence for 20 native radio stations and three native radio networks
whose current terms of licence expire in 2001. The proposals relate
to Canadian content in music, advertising content, and programming
acquired from other radio stations. All of the undertakings
concerned also operate in markets where commercial radio stations
operate. Decisions dealing with the renewal of each licence have
been issued separately today (Decisions CRTC 2001-329 to 351).
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2. |
To allow for the review of all comments received, the Commission
administratively renewed all of the affected licences, from 1
September 2000 to 31 August 2001.
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Canadian content
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3. |
In PN 2000-105, the Commission sought public input on a proposal
to increase the required level of Canadian content in popular
(Category 2) music, from 30% to 35%, for the affected native radio
undertakings.
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4. |
Most of the licensees stated that they would be willing to accept
a condition of licence requiring the broadcast of a minimum of 35%
Canadian content in popular music. Some stated that they already
devoted a percentage higher than that to Canadian music.
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5. |
The majority of public comments received on this matter supported
an increase in Canadian content for native radio stations.
Commercial radio licences argued that non-exempt native radio
stations could and should be expected to meet the same Canadian
content requirements as other broadcasters. Following recent policy
reviews, the Commission increased from 30% to 35% the minimum
percentage of all popular music that commercial, community and
campus radio stations are required to devote to Canadian selections.
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6. |
After reviewing all comments and input, the Commission is
satisfied that a 35% level of Canadian content in Category 2 music
is feasible for non-exempt native radio stations. A condition of
licence will be applied to the licences of each of the affected
undertakings, requiring that a minimum of 35% of the musical
selections from content category 2 during each broadcast week be
devoted to Canadian selections.
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7. |
"Canadian selection" and "broadcast week" are
defined in the Radio Regulations 1986.
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Advertising
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8. |
Currently, non-exempt native radio undertakings may broadcast no
more than an average of 4 minutes of advertising per hour, with no
more than 6 minutes of such material in any given hour. As part of
this process, the Commission also sought comment on whether the
current restriction of advertising on such undertakings was still
appropriate.
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9. |
Some native licensees stated that the current restrictions are
not problematic, since they either do not broadcast advertising at
all, or they are not able to sell enough advertising to fill the
time currently allowed.
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10. |
Other licensees disagreed, and were of the opinion that the
restrictions should be lifted. These native licensees argued that,
given diminishing resources for funding, advertising is of utmost
importance, representing their best hope for growth. These licensees
were of the opinion that the ability to access more revenues from
advertising would allow for greater self-sufficiency and less
reliance upon financial support from governments and band councils.
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11. |
The Commission notes that the broadcast of advertising material
is no longer limited for commercial and community radio licensees,
and the removal of such restrictions on native licensees would put
them on the same footing as most other Canadian radio broadcasters. The
Commission has, therefore, decided not to impose conditions of
licence limiting the level of advertising material broadcast on
native radio stations.
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Non station-originated programming
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12. |
The public notice also asked parties to comment on the
appropriateness of "wrap-around" programming. This term
describes blocks of programming that originate from other radio
stations. The source is often a distant commercial station, and the
practice eliminates the need for the native station to sign off at
the end of limited daily programming.
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13. |
Many native radio stations broadcast only station-produced
programming. For the most part, the ones that broadcast non
station-originated programming do so in very limited amounts. A
small number of native radio stations do, however, carry large
amounts of wrap-around programming, especially in the evening hours.
For example, some native licensees complete their local programming
at 6:00 p.m. and then rebroadcast a popular urban commercial station
until local broadcasting resumes the following day.
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14. |
This practice can have a negative impact on a commercial
broadcaster operating in the same market as the native licensee,
especially if the wrap-around programming is in the same format as
that used by the commercial station.
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15. |
The Commission sought comments from interested parties on what
remedies might be appropriate in cases where wrap-around programming
has a negative impact on other broadcasters in their market.
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16. |
The Commission received four submissions that discussed
wrap-around programming. None of the submissions entirely opposed
its use, although CJCD Radio Ltd., licensee of CJCD, a commercial
radio station in Yellowknife, suggested that the broadcast of
wrap-around programming be permitted only under specific conditions.
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17. |
The Canadian Association of Broadcasters (CAB) was of the view
that wrap-around programming can have an impact and is particularly
harmful in areas where there is more than one commercial radio
station in the market. The CAB recommended that native radio
undertakings wishing to carry wrap-around programming should be
required to use programs that originate either from another native
radio station or an aboriginal network located in the same province
or region.
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18. |
The Commission is of the opinion that the scenario suggested
above would be compatible with the definition of a native
undertaking as outlined in the Native Broadcasting Policy.
That policy stipulates that the programming available on a native
undertaking "should be specifically oriented to the native
population and reflect the interests and needs specific to the
native audience it is licensed to serve".
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19. |
The Commission is aware that the acquisition of wrap-around
programming from native radio stations may not always be possible or
practical, given the small number of such undertakings across Canada
that broadcast around the clock. At the same time, the Commission
notes that it has recently issued a licence for a new, national
native radio network to be known as Aboriginal Voices Radio Network
(AVRN) (Decision CRTC 2001-39). While AVRN is not yet in operation,
it proposes to offer programming on its native radio network 24
hours per day. AVRN will be available to all regions across the
country. The Commission considers that wrap-around programming
acquired from AVRN would better meet the intent of the Native
Broadcasting Policy than would non-native programming.
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20. |
For the reasons set out above, at the time of licence renewal, native
stations wishing to carry wrap-around programming will be either
encouraged or required to use programming from another native
station or network. The approach taken may depend upon whether
complaints or interventions related to wrap-around programming are
received.
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Native licences that do not expire in 2001
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21. |
This new approach applies at this time only to the native radio
undertakings renewed in Decisions CRTC 2001-329 to 2001-351. There
remain several native radio licensees whose licences do not expire
in 2001 and are therefore not immediately affected by these changes.
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22. |
Any native radio undertaking not affected by these changes may
apply to the Commission at any time, for authority to amend
conditions of licence, consistent with the changes discussed above.
In general, the Commission will be inclined to amend both the
Canadian music and advertising conditions at the same time for each
station.
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Conditions of licence regarding gender portrayal and advertising
to children
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23. |
The Commission reminds the licensees that any radio undertaking
that broadcasts 42 or more hours of local programming during a
broadcast week is subject to the following conditions of licence:
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It is a condition of licence that the licensee 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.
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It is a condition of licence that the licensee 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.
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Related CRTC documents
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• Public Notice 2000-14 – Revised content categories and
subcategories for radio
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• Public Notice 1990-89 – Native broadcasting policy
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Secretary General
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This document is available in alternate format upon request
and may also be examined at the following Internet site: http://www.crtc.gc.ca
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