- In a few cases, specific questions are
proposed. These cover areas where the Commission does not yet consider that it has enough
information to make policy proposals. For ease of reference all proposals and questions
are set out in italics.
|
- In appendix 1, the Commission sets out a number
of clarifications on various matters that were first printed in Public Notice CRTC 1999-30 A proposed policy for campus radio. The Commission
considers that a number of these clarification may also be relevant to community stations.
|
- Background
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- 1. In Public Notice CRTC 1997-105
dated 1 August 1997, An Agenda for Reviewing the Commissions Policies for
Radio, the Commission set out its plans for reviewing all of its policies for radio,
in light of the evolving communications environment. As part of this overall agenda, the
Commission indicated that it would launch a consultative process. The consultation phase
of the community radio review was completed in fall 1998.
|
- 2. The Commission has placed a number of relevant
documents on the public file for this proceeding and, to the extent possible, on its
website. These include:
|
- transcripts of the consultation meeting;
- submissions from the two major associations
representing the majority of community stations in Canada;
- a submission from the Canadian Association
of Broadcasters (CAB);
- a table summarizing issues and concerns;
- additional information on English-language
community stations; and
- financial data on community radio.
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- 3. During the consultation process for campus
radio, the National Campus and Community Radio Association (NCRA), which also represents
some English-language community stations, asked questions about a number of Commission
policies that affect campus stations but are not exclusive to them. These include matters
related to the eligibility of organizations to receive money from commercial stations for
Canadian talent development, and policies related to programming standards. The Commission
responded to these questions in Appendix 1 of Public Notice 1999-30.
Since some of this material may be relevant to community stations as well, the Commission
has reprinted this material as Appendix 1 to this document. The Commission is not seeking
comments on any of these matters.
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- Description of the community radio sector
|
- 4. The Commission has licensed 50 community radio
stations to date, of which 49 are in operation. Of these, 9 are English-language, 35 are
French-language, 3 are bilingual (French- and English-language), one operates primarily in
French with a significant level of ethnic programming, and one provides French and
native-language programming.
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- 5. The existing community radio policy
differentiates between Type A and Type B community stations. The formal definitions of
these two types of stations are set out in Public Notice CRTC 1992-38.
|
- 6. A Type B community station is a station
operating in a competitive market. It is a station in a market where, when its licence is
issued, at least one other station other than a station owned by the CBC, is licensed to
operate in the same language. A Type A community station, on the other hand, provides the
only local radio service in one of the official languages in the market, other than that
provided by the CBC. In many cases, a Type A community station provides the only local
radio service in any language in a community. Of the 50 licensed community stations, 31
are Type A stations and 19 are Type B stations.
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- 7. Community radio stations, by definition, are
owned or controlled by not-for-profit organizations. They are not as driven by the
necessity of showing profits as commercial stations. They operate with limited financial
and other resources and generally achieve lower levels of listenership than other sectors
of the radio industry.
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- 8. Most community stations derive revenues from
various sources: provincial government grants (for the moment, only in the province of
Quebec), federal government grants (for the implementation of minority language community
stations), advertising and fund-raising activities. Lack of stable funding is often a
concern for them.
|
- 9. Community stations rely primarily on volunteers
for programming and other operations. While some community stations have several paid
staff members, the primary function of these staff is to train and facilitate the work of
volunteers. Therefore, stations with a higher number of paid staff often also involve a
higher number of volunteers.
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- Objectives for the sector
|
- 10. The Commissions primary objective for
the community radio sector is that it provide an alternative, local programming service
that differs in style and substance from that provided by commercial stations and the CBC.
The programming should be relevant to the communities served, including minority language
communities. The Commission considers that community stations add diversity to the
broadcasting system by providing alternative programming in both music and spoken word.
They should contribute to diversity at three levels:
|
- Community stations should offer programming
that is different from and complements that of other stations in their market.
|
- Community stations should be different from
the other elements of the broadcasting system, that is, commercial stations and stations
operated by the CBC. Their not-for-profit nature and community access policies contribute
to the achievement of this objective.
|
- The programming broadcast by individual
community stations should be varied, providing a diversity of music and spoken word.
|
- 11. The Commission recognizes the different roles
played by first service, or Type A community stations and community stations operating in
competitive markets. The Commission, however, identifies elements of the role and mandate
that are common to all community stations.
|
- 12. The Commission is also interested in exploring
ways of streamlining the regulation of community stations. It considers that the existing
community radio policy and the application process to which community stations are subject
may be unnecessarily complex. One of the key questions guiding this review is, therefore:
How can the regulatory framework for community stations be simplified while still ensuring
that they provide programming that is different from that provided by other types of
stations?
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- 13. The Commission believes that a healthy and
vibrant not-for-profit sector is essential to fulfil the goals of the Broadcasting Act
(the Act). Community stations play a unique and valuable role in the communities they
serve. The proposals set out below are intended to ensure that they continue to do so.
|
- The consultation process
|
- 14. To prepare for this review, the Commission
held consultations with community radio broadcasters associations, individual
English-language community radio broadcasters and other interested parties over the period
from April 1998 to January 1999. These included:
|
- informal meetings in the spring of 1998
held individually with lAssociation des radiodiffuseurs communautaires (ARC) du
Québec, lAlliance des radiodiffuseurs communautaires (ARC) du Canada and the CAB;
|
- a formal consultation meeting held on
22 October 1998 that was attended by representatives of ARC du Québec, ARC du
Canada, the NCRA, the CAB, the CBC and the ministère de la Culture et des Communications
du Québec; and
|
- written consultations with licensed
English-language community stations not officially represented by any of the community
radio associations and that did not attend the formal consultation meeting.
|
- 15. Interested parties may find transcripts or a
summary of these consultations on the public file. They form part of the public record of
this proceeding.
|
- The proposed policy
|
- 16. This section sets out the Commissions
proposed community radio policy.
|
- 17. In a few instances, where the Commission does
not consider that it has enough information to make a proposal, questions are asked
instead.
|
- 18. The existing community radio policy is set out
in Public Notice CRTC 1992-38, Policies
for Community and Campus Radio, and amended in Public Notice CRTC 1992-72 , A Review of the CRTCs
Regulations and Policies for Radio.
|
- Definition, role and mandate of
community stations
|
- 19. The Commission proposes to adopt the
following definition of a community station:
|
- A community station is a station owned and
controlled by a not-for-profit organization. Membership, management and operation are
provided by members of the community at large. Programming is provided primarily by
volunteers and should reflect the diversity of the market that the station is licensed to
serve.
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- 20. The Commission proposes the following
description of the role and mandate of community stations:
|
- The primary focus of a community station is to
provide community access to the airwaves and to offer diverse programming that reflects
the needs and interests of the community that the station is licensed to serve, including:
|
- music not generally broadcast by
commercial stations;
|
- music by new and local talent;
|
- spoken word programming; and
|
- local information.
|
- Discussion
|
- 21. During consultations, ARC du Canada and ARC du
Québec expressed concern that the current definition of a community station set out in PN
1992-38 implies that community stations must reflect all of the
interests of their respective communities. The proposed definition attempts to clarify
that community stations do not need to reflect all needs and interests of community
members but rather reflect the overall diversity of the community.
|
- 22. The other revisions are designed to clarify
the essential elements of the definition of a community station, as well as the role and
mandate of such stations.
|
- Types of stations
|
- 23. The Commission proposes to continue to
distinguish between Type A and Type B community stations. The definitions of each type are
as follows:
|
- Type A
A community station is a Type A station if, at the time of licensing, no other radio
station, other than one owned by the CBC, is operating in the same language in all or part
of its market.
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- If one or more stations are licensed to operate
in the same language in all or any part of the same market at the time of the licence
renewal, the station will retain its Type A status. In all other cases, including
applications to increase power, the Commission will assess the continuation of Type A
status on a case-by-case basis.
|
- Type B
A community station is a Type B station if, when the licence is issued, at least one other
station other than a station owned by the CBC, is licensed to operate in the same language
in all or any part of the same market.
|
- 24. Under these proposed definitions, the
existence of a campus radio station in the same market will be considered in the
determination of whether to issue a Type A or Type B licence in the same market. CBC
originating stations, however, will not.
|
- Discussion
|
- 25. Currently, Type A community stations have
fewer programming requirements than Type B stations. Type B stations are also subject to
limits on the amount of advertising they broadcast while Type A stations are not.
|
- 26. ARC du Canada and ARC du Québec's major
concern about dividing community stations into two types related to the fact that Type B
stations have restrictions on the amount of advertising they broadcast. The issue of
advertising is addressed later in this document.
|
- 27. These two organizations also requested that,
if a distinction is maintained, the Commission should issue a Type A licence when the only
other station operating in the market is a campus station. Thus a community station would
fall into Type B only when another commercial station is licensed to operate in the
same language in all or any part of the same market.
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- 28. This suggestion appears to address the
situation in Moncton. This market is served by community station CJSE-FM. The only other
French-language private station serving Moncton is CKUM-FM, which is a campus station. As
a result, CJSE-FM is a Type B station. The Commission approved, in Decision CRTC 99-81, an application to amend the licence for CJSE-FM so that it would
not be subject to the advertising limits generally placed on Type B stations. The
Commission will continue to use a case-by-case approach in these cases.
|
- 29. The CAB noted that the Commission's current
policy distinguishes between two types of community radio stations and imposes different
regulatory requirements because they serve fundamentally different markets.
|
- 30. The Commission notes that the distinction
between Type A and Type B community stations recognizes the different environment in which
these stations operate and considers that it is appropriate to maintain this distinction.
|
- Programming commitments
|
- Spoken word
|
- 31. The Commission proposes to continue its
current approach to spoken word programming on community stations. This means that:
|
- For Type A stations, the Commission will
continue to expect that at least 15% of programming each broadcast week be spoken word.
Specific commitments by individual stations will be assessed on a case-by-case basis.
|
- For Type B stations, the Commission will
require that at least 25% of the programming broadcast each week be spoken word, with an
emphasis on community-oriented programming.
|
- Discussion
|
- 32. During the consultation process, all parties
agreed that the 25% spoken word requirement should be maintained for Type B community
stations. No concerns were raised with respect to the requirements for Type A stations.
|
- Music categories
|
- 33. The current definitions of the
Commissions music categories and subcategories are set out in Appendix 2.
|
- 34. The Commission proposes to adopt the
following approach to programming from different music categories by community stations:
|
- Both Type A and Type B community
stations will be required to ensure that at least 20% of musical selections played each
broadcast week do not fall under the definition of "Pop, Rock and Dance"
(currently subcategory 21).
|
- Both Type A and Type B community
stations will be required to ensure that at least 5% of musical selections played each
broadcast week are from category 3 (Traditional and Special Interest music).
|
- 35. The Commission may, however, revise this
approach following the reception of comments submitted in response to this Notice and to
Public Notice CRTC 1999-xx issued today. In the following section, the Commission
suggests a number of questions for interested parties to address when commenting on this
proposal.
|
- Discussion
|
- 36. Both ARC du Canada and ARC du Québec
requested that the Commission eliminate minimum requirements for music from category 3.
Instead, it should continue only with the requirement that a minimum of 20% of all musical
selections played each broadcast week be music from subcategories other than Pop, Rock and
Dance.
|
- 37. The CAB, however, expressed concern that
eliminating requirements for category 3 music would decrease programming diversity and
also have a negative effect on Canadian talent development.
|
- 38. The NCRA questioned the extent to which the
limitation on Pop, Rock and Dance music helps to ensure that community stations provide
musical diversity.
|
- 39. All participants in the consultations,
however, expressed concerns about the current definitions of the Commissions music
categories and subcategories. They suggested that the current categories and their
definitions are outdated and do not provide an appropriate measure of musical diversity.
|
- 40. The proposed revisions set out in Public
Notice 1999-76, also released today, are designed to broaden
somewhat the musical genres that would fall into category 3, as well as to simplify and
clarify the definitions so that they will be easier for licensees to understand and apply.
The Commission urges community stations to participate in this process and to submit
comments by 7 July 1999.
|
- 41. The Commission considers that the primary
objective for community radio is to provide an alternative, local programming service that
differs in style and substance from that provided by other elements of the broadcasting
system. The requirement that at least 20% of music played not be "Pop, Rock and
Dance" adds to this diversity. Few commercial stations play music from
category 3. As a result, community stations contribute significantly to the diversity
of programming available when they play such selections. The Commission therefore proposes
to establish a requirement that at least 5% of musical selections broadcast each week be
selections from category 3. In the past, the Commission has asked each community station
to make a category 3 commitment but did not specify a minimum level that would be
satisfactory.
|
- 42. In order to clarify this matter, the
Commission seeks comments on the following questions:
|
- (1) Is the proposed requirement that 5% of
musical selections played each broadcast week be from category 3 appropriate given the
existing definitions of the music categories?
|
- (2) What level of category 3 music would be
appropriate if the Commission were to adopt the proposed new definitions of music
categories proposed in Public Notice 1999-76.
|
- The maximum repeat factor and level of hits
|
- 43. The Commission proposes to no longer place
restrictions on the use of hit musical selections or the number of times individual
musical selections may be repeated during a broadcast week.
|
- 44. The Commission may, however, impose
restrictions in particular circumstances. In the next section, the Commission suggests a
number of questions that interested parties may wish to address when commenting on this
proposal. They relate to the types of restrictions that may be appropriate and the
circumstances under which such restrictions might be imposed.
|
- Discussion
|
- 45. Under the current policy, Type B community
stations may not repeat any non-Canadian musical selection more than 10 times in a
broadcast week. This is referred to as the "maximum repeat factor."
|
- 46. English-language community stations must also
make a commitment with respect to the maximum percentage of musical selections each
broadcast week that will be "hits." For community stations, a "hit" is
defined as a musical selection that has reached a top 40 position on one or more specific
charts. The names of these charts are set out in Public Notice CRTC 1997-42. The Commission evaluates
commitments relating to the use of hits by English-language community stations on a
case-by-case basis.
|
- 47. Limitations on the use of hits do not
currently apply to French-language community stations or commercial stations. The
Commission eliminated such limitations for all FM French-language stations in 1990 when
the Commission released its FM Policy for the Nineties (Public Notice CRTC 1990-111). The magazine Palmarès,
however, publishes a list of French-language selections most played by commercial
stations.
|
- 48. The Commission considers that, for the
majority of community stations, it is not necessary to limit the number of times musical
selections may be repeated or the level of hits that they play. However, it considers that
it might be necessary to impose limits in these areas in some circumstances.
|
- 49. The Commission suggests the following
questions for those wishing to comment on this issue:
|
- (3) Under what circumstances would it be
appropriate for the Commission to place limits on English-language Type B community
stations regarding the use of hit musical selections?
|
- (4) Should French-language Type B community
stations be subject to a limit on the level of French-language hits that may be broadcast?
If so:
|
- Under what circumstances?
|
- How should French-language hits be
defined?
|
- What would the appropriate limit be?
|
- If not, is there another regulatory tool that
might be used to ensure that French-language community stations continue to provide
musical diversity?
|
- Canadian content
|
- Canadian content level for category 2 music
|
- 50. The Commission proposes to increase from
30% to 35%, the minimum level of Canadian content in category 2 that all community
stations must broadcast, measured over the broadcast week.
|
- 51. The Commission, however, wishes to ensure
that this increased level does not act as a disincentive for community stations to
broadcast music in new and emerging genres in which less Canadian music is available. The
Commission therefore proposes to establish a separate Canadian content level for periods
of programming devoted to musical genres where the availability of Canadian music is low.
|
- 52. In the next section, the Commission raises a
number of questions for interested parties designed to help it determine the type of
musical genres for which a lower level of Canadian content would be appropriate, and what
the level should be.
|
- Discussion
|
- 53. Following the development of its new policy
for commercial radio, the Commission amended the regulations that apply to commercial
stations to increase the weekly level of Canadian content required for category 2
selections from 30% to 35%.
|
- 54. All parties except the NCRA considered that a
35% level of Canadian content would be appropriate for community stations.
|
- 55. The NCRA argued that the Canadian content
level should remain at 30% for category 2 music. It claimed that little Canadian music is
available in certain new and emerging musical genres its member stations play.
|
- 56. In the context of the campus radio policy
review, the CRTC commissioned a research study on the availability of Canadian music
appropriate for campus stations. The Music Availability Study for Campus Radio has
been placed on the public file for the campus radio review.
|
- 57. The music availability study found, among
other things, that:
|
- Campus stations appear to have difficulty
finding Canadian material in certain genres, particularly the genres known as
"urban", "electronica", and "international" or
"world" music.
|
- The limited availability of Canadian music
in these genres appears to be due to two major factors: a lack of Canadian material being
produced, and a general lack of national promotion and distribution of recordings. Campus
stations therefore find it difficult to obtain new recordings or to know what recordings
are available.
|
- Campus stations rely predominantly on
small, independent music sources that have insufficient resources to promote their artists
and music nationally. These problems tend to affect stations in smaller markets the most.
|
- There is a relatively high availability of
Canadian music in certain genres appropriate for campus radio airplay, including
"indie pop", "alternative rock" and "folk/acoustic" music.
|
- 58. Although a similar music use study was not
commissioned for the community radio sector, a number of these findings may apply to some
community stations, such as Type B French- and English-language stations operating in
urban centres.
|
- 59. The Commission considers that playing Canadian
music, particularly Canadian music not played by other radio stations, is a vital part of
community radios mandate to provide alternative programming, especially for those
stations operating in competitive markets (Type B stations). Moreover, the Commission is
of the view that there is an adequate supply of Canadian recordings available in many
established musical genres to support an increase in the required level of Canadian
category 2 music on French and English-language community stations.
|
- 60. Community stations help to introduce new
musical genres, which may later be adopted by commercial stations. This, in turn, may
result in more Canadian recordings in these genres. In this sense, the Commission
considers that community stations may have a special role to play in developing Canadian
creative talent in new and emerging musical genres.
|
- 61. The Commission therefore wishes to ensure that
an increased level of Canadian content does not act as a disincentive for community
stations to broadcast music in new and emerging genres in which less Canadian music is
available. It therefore proposes to establish a separate Canadian content level for
periods of programming devoted to musical genres where the availability of Canadian music
is low.
|
- 62. Under this proposal, community stations would
be permitted to exclude programming periods (generally specialty music programs) devoted
to low-availability musical genres from the calculation of their compliance with the
Canadian content regulations, provided that they meet the separate level of Canadian
content specified for these programming periods.
|
- 63. The Commission expects that these
low-availability musical genres will encompass the genres identified as such in the music
availability study, particularly "urban", "electronica" and
"international" music.
|
- 64. The Commission invites comments from all
interested parties on the following questions:
|
- (5) Are there musical genres that fall under
the definition of category 2 (general music) and that are appropriate for airplay by
community stations in which there is a low availability of Canadian music? If so, what are
these genres?
|
- (6) How may these genres be defined so as to
clearly distinguish them from other musical genres, excluding genres that are commonly
played by commercial stations?
|
- (7) What would be the appropriate level of
Canadian content for periods of programming devoted to music in the genres defined above?
|
- Distribution of Canadian category 2 selections
|
- 65. The Commission does not propose to
introduce a formal requirement related to the distribution of Canadian selections by
community radio stations. Further, the Commission proposes to amend its regulations to
remove the requirement, for community stations, that Canadian selections be distributed
"in a reasonable manner throughout the broadcast day."
|
- 66. Instead, the Commission would indicate, in
its community radio policy, that it expects community stations to schedule Canadian
category 2 musical selections in a reasonable manner throughout the broadcast day.
|
- Discussion
|
- 67. The Canadian content regulations that
currently apply to community stations require that Canadian selections be scheduled
"in a reasonable manner throughout each broadcast day."
|
- 68. Under the existing community radio policy,
reasonable distribution is defined as follows:
|
- at least 25% of popular music selections
broadcast between 6 a.m. and 7 p.m., Monday through Friday, should be Canadian;
|
- Canadian selections should receive
reasonably even distribution throughout these dayparts and throughout the broadcast week;
and
|
- there should be a significant presence of
Canadian music in high audience periods, these traditionally being the morning and
afternoon drive periods.
|
- 69. Following the commercial radio review, the
Commission amended the regulations for commercial stations to set out new requirements
regarding the distribution of Canadian content in category 2. The regulations now require
that at least 35% of category 2 musical selections broadcast between 6:00 a.m. and 6:00
p.m. from Monday through Friday be Canadian selections.
|
- 70. The Commission notes, however, that no parties
raised concerns regarding the inappropriate distribution of Canadian content on community
radio stations under the existing system. It therefore considers that distribution
requirements relating to Canadian selections are not necessary for community stations.
|
- Canadian content level for category 3 music
|
- 71. The Commission proposes to increase from
10% to 12%, the minimum weekly level of Canadian content in category 3.
|
- Discussion
|
- 72. Category 3 music encompasses traditional and
special interest music. The definition of category 3 music is set out in Appendix 2 of
this notice.
|
- 73. As part of the new commercial radio policy set
out in Public Notice CRTC 1998-41, the
Commission now expects commercial radio licensees that broadcast significant amounts of
category 3 music to propose, in the context of licence renewal applications, increases in
the level of Canadian category 3 music they play.
|
- 74. Public Notice CRTC 1998-41
also noted that:
|
- Most of the category 3 music that is programmed on
Canadian radio is broadcast on stations owned and operated by the CBC and on
not-for-profit stations. The appropriate level of Canadian music for these stations will
be considered during the separate reviews for these sectors proposed by the Commission in
Public Notice CRTC 1997-105.
|
- 75. During informal consultations, ARC du Canada
and ARC du Québec suggested that the Commission consider replacing the current
requirement with an overall Canadian content percentage that includes both category 2 and
category 3 music. They considered that this would help community stations to avoid
compliance problems related to the Canadian content level in category 3. ARC du Canada
proposed an overall level of Canadian content of 30% but agreed, in principle, to a 35%
level that would be evenly distributed over the entire broadcast day. However this
proposal was not reiterated at the formal consultation meeting where both associations
agreed, in principle, to be subject to the same requirement as commercial stations.
|
- 76. The Commission considers that there is
sufficient Canadian music available in category 3 to justify an increase to 12%. It also
notes that the proposed revisions to the music categories set out in Public Notice CRTC 1999-76 somewhat expand the types of music
that would fall into category 3. This may make it easier for stations to achieve a
higher level of Canadian content.
|
- French-language vocal music
|
- 77. The Commission proposes to maintain the
current requirement for French-language community stations that a minimum of 65% of the
vocal music selections in category 2 played each broadcast week be in the French language.
|
- Discussion
|
- 78. As part of its new policy for commercial
radio, the Commission indicated that French-language commercial stations would continue to
be required to ensure that at least 65% of the category 2 vocal music selections played
each broadcast week are in the French-language.
|
- 80. The CAB recommended that the new commercial
radio regulations apply to community radio stations with respect to French-language vocal
music.
|
- 81. The Commission agrees that the 65%
minimum requirement remains appropriate.
|
- Distribution of French-language
category 2 selections
|
- 82. The Commission does not propose
to introduce a formal requirement relating to the distribution of French-language music on
community radio.
|
- 83. Further, the Commission
proposes to amend its regulations to remove the requirements for French-language community
stations that French-language vocal music selections be distributed "in a reasonable
manner throughout the broadcast day."
|
- 84. Instead, in its
policy, the Commission proposes to indicate that it expects French-language
category 2 musical selections to be scheduled in a reasonable manner throughout the
broadcast day.
|
- Discussion
|
- 85. The regulations relating to
French-language vocal music that currently apply to French-language community stations
require that category 2 French-language musical selections be scheduled "in a
reasonable manner throughout each broadcast day."
|
- 86. The Commission notes that the distribution of
French-language vocal music was considered during the commercial radio review. As part of
its revised regulations for commercial radio licensees, the Commission now requires that
French-language commercial stations ensure that a minimum of 55% of category 2 vocal music
selections broadcast between 6 a.m. and 6 p.m. from Monday to Friday be in the
French-language.
|
- 87. The Commission notes that no concern were
raised regarding the distribution of French-language vocal music on community radio
stations under the current regime. It considers that it is not necessary to introduce more
stringent requirements at this time.
|
- New forms of expression
|
- 88. The Commission does not consider that it
yet has enough information to develop a proposal in the areas of turntablism and radio
art.
|
- 89. Therefore, in the next section, the
Commission poses a number of questions to interested parties concerning how it should deal
with these new forms of expression.
|
- Discussion
|
- 90. During the consultation process, the NCRA
raised questions about new forms of artistic expression, such as turntablism and radio
art, broadcast on some urban Type B English-language community stations. In
particular, the NCRA suggested that such stations should be permitted to include such
programming, when it is performed by a Canadian, for the purposes of calculating
compliance with the Canadian content regulations.
|
- 91. The Commission understands that turntablism
refers to the use of one or more turntables to alter (for example, by scratching, changing
the speed, or adding effects) and combine parts of pre-recorded music to the extent that
the turntable is used as a musical instrument. Some parties argue that turntablists
are musicians who use turntables to create new and unique musical compositions.
|
- 92. The Commission understands that radio art
refers to programming pieces in which fragments of recorded noise, speech, music and
"found sounds" (that is, sounds produced by everyday machinery or technology or
otherwise found in the ordinary environment) are arranged in original or unusual ways.
|
- 93. The Commission does not consider it has enough
information on the extent to which these new forms of expression are broadcast on English
and French-language community radio stations. It also considers that it needs further
input from interested parties before deciding whether these new forms of expression should
qualify as Canadian for purposes of the Canadian content regulations.
|
- 94. In light of these concerns, the
Commission invites responses on the questions set out below:
|
- (8) How much programming involving turntablism
and radio art do community stations currently broadcast?
|
- (9) Is radio art music programming or spoken
word programming?
|
- (10) On what basis should pieces involving
turntablism and radio art be recognized as Canadian musical selections for the purpose of
the Canadian content regulations?
|
- (11) How would the recognition of pieces
involving turntablism and radio art as Canadian musical selections contribute to the
objectives of the Act?
|
- Approach to English-language stations
|
- 95. The Commission has no indication that
certain elements of the community radio policy other than French-language vocal music,
should apply differently to English-language community stations than to French-language
stations. However, in the next section, it poses a number of questions to clarify this
issue. It would welcome comments from interested parties.
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- Discussion
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- 96. To date, the Commission has licensed nine
English-language community stations; four Type A and five Type B.
|
- 97. Under the existing community radio policy, all
aspects of the policy apply equally to English- and French-language community stations,
with two exceptions:
|
- Only French-language community stations are
subject to the requirement that at least 65% of the vocal musical selections from category
2 broadcast be in the French-language; and
|
- English-language stations are required to
make specific commitments on the level of hits they plan to broadcast at the issuance or
renewal of their licences.
|
- 98. Earlier in this document, the Commission
indicated that it proposed to no longer restrict the level of hits that community stations
may broadcast, except in exceptional circumstances.
|
- 99. In order that it might further clarify this
matter, the Commission welcomes comments in response to the following questions:
|
- (12) Should any elements of the proposed
community radio policy other than French-language vocal music, apply differently to
English-language community stations than to French-language community stations?
|
- (13) If so, what elements should the Commission
treat differently and how should it treat them?
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- Advertising
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- 100. The Commission proposes to eliminate all
restrictions on the amount of advertising broadcast by Type B stations, as is currently
the case for Type A stations.
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- Discussion
|
- 101. Under the existing community radio policy,
Type B community stations are permitted to broadcast up to 504 minutes of advertising per
week, with an average of 4 minutes per hour and a maximum of 6 minutes in any single hour.
|
- 102. The existing policy also notes that community
stations may exclude up to 60 minutes per week of advertising material contained in
Canadian syndicated programs when calculating the amount of advertising they broadcast.
This provided an incentive to broadcast Canadian syndicated programs.
|
- 103. During the consultation process, ARC du
Canada and ARC du Québec argued that there should be no difference between the amount of
advertising permitted on Type A and Type B stations. In effect, they requested that all
limits on the amount of advertising be removed from Type B stations.
|
- 104. The NCRA, on the other hand, opposed the
elimination of advertising limits. They contended that such a policy would be an incentive
for community stations to cultivate a more commercial sound in order to attract more
advertising dollars. In its view, this would be contrary to the mandate of community
stations.
|
- 105. The CAB considered that, when the Commission
reviewed the advertising levels on community station in 1992, one of the key elements that
set community radio apart from commercial stations was that its revenues were to come from
diverse sources. Such diverse funding allowed community stations to retain a distinctive
character. In the CABs view, this reasoning is even more appropriate in todays
economy. The CAB also considered that the community radio sector should have the
opportunity to tap into other sources of financing so it can continue to offer alternative
services as part of the broadcasting system.
|
106.
According to the 1997 CRTC Financial Database, aggregate total advertising revenue
accounted for 52.9% of the total aggregate revenue generated by 37 community stations
(Type A and B combined). |
107. In
the case of Type A stations, advertising accounted for 43% of total revenues, while in the
case of Type B stations, advertising accounted for 57% of total revenues. |
108. The
total revenues generated by community stations represent only 0.6% of all Canadian radio
advertising revenues. In volume, the advertising revenue of community radio stations
amounted to $5.4 million. On the other hand, total Canadian radio advertising revenue
reaches close to $850 million. |
109. The
Commissions priority is to ensure that community stations provide an alternative
programming service that is different in style and substance from that provided by other
types of stations. It believes that limiting or restricting advertising is not the most
effective way of fulfilling this objective. The Commission considers that its proposed
approach to programming, which focuses on a set of clear and simplified commitments, will
provide assurance that this objective is met. |
- 110. In Public Notice CRTC 1997-105, an Agenda for Reviewing the
Commissions Policies for Radio, the Commission notes, in paragraph 12, that:
|
- In the past, community stations have benefited
from funding from government sources but such funding has been reduced in recent years,
and many community stations have found it increasingly difficult to raise private funding.
|
- 111. The Commission also indicated its plans to
consider additional innovative methods that might be proposed to increase the financial
resources available to community stations.
|
- 112. No alternative and innovative methods to
increase community stations financial resources were proposed during the
consultations.
|
- 113. The Commission considers that, in order for
Type B community stations to fulfil their proposed role and mandate, they need an adequate
and greater range of financial tools. Government funding is limited for the majority of
community stations. Such funding is often unstable since it is subject to cuts depending
on the economic environment and the government that is in place. However, the government
of Quebec provides funding for community stations operating in that province.
|
- Developmental stations
|
- 114. The Commission proposes to introduce a
streamlined regulatory framework for low-power developmental stations. The objective of
this approach would be to allow new stations to begin broadcasting expeditiously,
primarily for training purposes.
|
- 115. The regulatory framework for developmental
community stations would include the following components:
|
- The framework will apply only to
stations using a transmitter power of 5 watts or less.
|
- The Commission will develop a
streamlined application form.
|
- Applications will be considered in an
expedited public process, except in extraordinary circumstances.
|
- Applicants for developmental community
radio licences will not be required to show evidence of the availability of funds.
|
- The presence of paid staff will not be a
criterion used in the assessment of these applications.
|
- Developmental stations will be expected
to conform to the portions of the community radio policy setting out the role of community
stations, the Canadian content requirements and, for French-language community stations,
the French vocal music requirements. Such stations would generally not be expected to
comply with other elements of the policy, such as programming requirements.
|
- Developmental community stations will be
subject to fundamental licensing requirements such as those concerning Canadian ownership,
technical certification by the Department of Industry, and adherence to standard industry
self-regulatory codes.
|
- Discussion
|
- 116. The NCRA, representing a number of
English-language community stations, advocated the introduction of special licences for
new community radio stations that wished to begin broadcasting using a very low power
signal. They made the same request for campus stations during consultations for the campus
radio review.
|
- 117. In effect, this would provide a
"developmental" period for potential licensees. During this period they could
learn how to meet all of their obligations under the Act as well as the Commissions
regulations and policies, while simultaneously generating sufficient interest and support
from the community to develop a viable permanent operation.
|
- 118. The NCRA also mentioned the difficulty faced
by potential licensees in applying for new community radio licences. In particular, it
noted that, for not-for-profit stations, financial, volunteer and other resources tend to
become available once a station has increased its profile by broadcasting a signal over
the air.
|
- 119. ARC du Canada opposed this approach. It
considered that the Commissions analysis of an applicant's financial viability
forces those proposing to develop a community station to make sure that their project is
viable and serious before they receive a licence from the Commission.
|
- 120. ARC du Québec also had reservations
regarding NCRAs proposal. Their concern was that applicants might not take their
project seriously enough if they did not have to prove financial viability.
|
- 121. While acknowledging the concerns of ARC du
Canada and ARC du Québec, the Commission considers that there may be advantages to
implementing a specific approach for "developmental" community stations as it
has proposed for campus stations. It believes that its proposed framework outlined above
will provide a significantly streamlined and simplified regulatory approach, while at the
same time providing these stations with an incentive to apply for a full-fledged community
radio licence within a relatively short time.
|
- Local talent development
|
- 122. Community stations would be asked to
promote and feature music by new Canadian artists, local artists and artists whose music
is seldom heard on other stations.
|
- Discussion
|
- 123. Under the existing policy, community stations
do not make monetary contributions to the development of Canadian talent. Instead, they
are expected to outline plans to promote and feature music by new Canadian artists, local
artists and artists whose music is seldom heard on other stations.
|
- 124. This element of the policy was not discussed
extensively during the consultation process. However, the CAB indicated that community
stations should be encouraged to do more to promote young Canadian artists within their
communities.
|
- 125. The Commission considers that local talent
development remains an important part of community radios role. While not-for-profit
stations generally have limited financial resources and cannot be expected to make
monetary contributions to the development of Canadian artists, the Commission considers
that community stations make significant contributions in this area through other
initiatives such as providing on air exposure for local artists.
|
- Network and acquired programming
|
- 126. The Commission proposes to continue its
existing policy relating to the use of network and acquired programming. This policy is as
follows:
|
- Type A stations may affiliate with
networks or acquire programming from other radio stations so that they do not have to sign
off at the end of their local programming periods.
|
- Type B station applicants and licensees
will be required to demonstrate that the network or acquired programs they wish to
broadcast will complement, but not replace, their local programs.
|
- Discussion
|
- 127. During consultations, the CAB expressed
concern that allowing community stations to form networks is incompatible with the
definition of community radio.
|
- 128. The Commission notes that it licensed ARC du
Canada to provide a network for community stations in Decision CRTC 98-23. This network
will be called le Réseau francophone dAmérique (RFA). The Commission wishes to
remind ARC du Canada and community radio licensees that, under the community radio policy,
the programming provided by ARC du Canadas network to Type B community stations must
complement but not replace the stations local programming.
|
- Hours of broadcasting
|
- 129. The Commission proposes to continue to
permit community radio stations to increase or decrease their weekly hours of broadcasting
by up to 20% without application to the Commission.
|
- Discussion
|
- 130. None of the participants in the consultations
raised concerns regarding the current level of flexibility given to community stations in
this area. The Commission considers that this element of the policy remains appropriate.
|
- Volunteer participation
|
- 131. All community radio licensees will be
expected to facilitate community access to their programming by clearly informing the
public of opportunities for community participation. The Commission would further expect
community radio applicants to describe, in their applications for new licenses or licence
renewal, their current and/or proposed measures to:
|
- facilitate community access to their
programming;
|
- promote volunteer training; and
|
- train and supervise volunteers.
|
- Discussion
|
- 132. The existing community radio policy addresses
the issue of volunteer participation as follows:
|
- The Commission will not require community
broadcasters to maintain any specific minimum level of volunteer involvement. At the same
time, all community radio licensees will be expected to facilitate community access to
their programming by clearly informing the public of the opportunities for community
participation. The Commission further expects community radio applicants and licensees to
describe in their licence applications or renewal applications the measures to be taken to
promote volunteer training and the mechanisms put in place to train and supervise
volunteer workers.
|
- 133. None of the participants in the consultations
raised any concern regarding this matter.
|
- 134. The Commission notes, however, that, earlier
in this document, it proposed to amend the definition of a community station to indicate
that programming must be produced primarily by volunteers. The policy proposal on
volunteer participation reflects the importance of having a very high level of volunteer
involvement in programming.
|
- Regulatory approach
|
- 135. The Commission proposes to implement its
new approach to community radio through the following steps:
|
- Community stations will no longer be
required to complete a Promise of Performance or supplementary questions (currently Parts
2 and 3 of the community radio application form) as part of the application process for
either new licences or licence renewals.
|
- Certain programming and other
requirements set out in the final community radio policy will be listed in the community
radio application form, with a question asking whether applicants are willing to accept
each as a condition of licence. The Commission will give applicants an opportunity to
explain why a particular condition should not apply to them, if they choose.
|
- Conditions of licence will be listed on
each community radio stations licence. The Commission will note any exceptions to
these conditions of licence in the stations licensing or renewal decision.
|
- Other programming questions may be added
to the standard application form but the commitments made would generally not be imposed
as conditions of licence.
|
- 136. As part of the application for either a
new community radio licence or a licence renewal, applicants will be asked to submit their
proposed program schedule as a sample of the kind of programming they will provide.
|
- Discussion
|
- 137. When applying for new licences or licence
renewals, community stations currently complete a detailed Promise of Performance (PoP),
to which they must adhere by condition of licence.
|
- 138. In addition to the PoP, current community
radio application forms include a number of supplementary questions. Commitments made in
response to these supplementary questions do not constitute conditions of licence for
community stations.
|
- 139. The Commission considers that many of the
questions contained in the detailed PoP and supplementary questions may no longer be
appropriate for community radio.
|
- 140. Accordingly, conditions of licence will
appear on the licence or in the accompanying decision.
|
- Other matters
|
- Harmonizing policy frameworks
|
- 141. As part of its review of radio, the
Commission wishes to consider the extent to which its policy frameworks for the various
types of not-for-profit radio may be harmonized. This matter will be considered not only
in the community radio review, but in the context of the Commissions review of the
other community elements of the broadcasting system. This will allow the Commission to
identify policy areas where all types of not-for-profit radio stations can be dealt with
in a similar way.
|
- 142. The Commission invites comments from
interested parties on the following questions:
|
- (16) Would it be appropriate for the Commission
to develop a more harmonized framework for campus and community stations? If so, what
specific policy elements should be harmonized? How should this be accomplished?
|
- Ethnocultural programming
|
- 143. The Commission acknowledges the significant
role played by community stations in providing programming to the ethnocultural
communities they serve. This programming contributes to the diversity of the broadcasting
system and addresses the needs of some minority communities that may otherwise not be
offered relevant programming. The Commission encourages the community radio sector to
continue its efforts in this area.
|
- 144. Section 3(1)(d)(ii) of the Act states, in
part, that the broadcasting system should reflect the multicultural and multiracial nature
of Canadian society. The mandate of community stations is to provide community access to
the airwaves and to offer diversified programming that reflects the needs and interests of
the community it is licensed to serve. This places some of the community stations in a
position to make a strong contribution to the reflection of Canadas cultural
diversity, especially in reflecting new and developing artists from minority cultural
groups. This is consistent with the mandate of community stations to expose music not
often played by commercial stations. As well, community stations may provide spoken word
programming that reflects the perspectives and concerns of minority cultural groups for
the benefit of all listeners. The Commission expects these community stations to maintain
and strengthen their efforts in this regard, both in their programming and in their
employment practices.
|
- Call for comments
|
- 145. The Commission invites written comments that
address the issues and questions set out in this notice. The Commission will accept
comments that it receives on or before Wednesday, 7 July 1999.
|
- 146. The Commission will not formally acknowledge
written comments. It will, however, fully consider all comments and they will form part of
the public record of the proceeding, provided that the procedures for filing set out below
have been followed.
|
- Procedures for filing comments
|
- 147. Interested parties should send their comments
to the Secretary General, CRTC, Ottawa, K1A ON2.
|
- Parties must file all submissions in
"hard copy format" (i.e. on paper).
|
- Comments longer than five pages should
include a summary.
|
- 148. The Commission also encourages parties to
file electronic versions of their comments by e-mail or on diskette. The Commissions
e-mail address for electronically filed documents is procedure@crtc.gc.ca
|
- Electronic submissions should be in the
HTML format. As an alternative, those making submissions may use "Microsoft
Word" for text and "Microsoft Excel" for spreadsheets.
|
- Please number each paragraph of the
comment. In addition, please enter the line ***End of Document*** following the last
paragraph. This will help the Commission verify that the document has not been damaged
during transmission.
|
- 149. The Commission will make comments filed in
electronic form available on its web site at www.crtc.gc.ca in the official language and
format in which they are submitted. This will make it easier for members of the public to
consult the documents.
|
- 150. The Commission also encourages interested
parties to monitor the public examination file for additional information that they may
find useful when preparing their comments
|
- Examination of public comments and related
documents at the following Commission offices during normal business hours
|
- Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec
K1A ON2
Tel: (819) 997-2429
TDD: 994-0423
Telecopier: (819) 994-0218
|
- Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia
B3J 3K8
Tel: (902) 426-7997
TDD: 426-6997
Telecopier: (902) 426-2721
|
- Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec
H3A 3J6
Tel: (514) 283-6607
TDD: 283-8316
Telecopier: (514) 283-3689
|
- Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel: (204) 983-6306
TDD: 983-8274
Telecopier: (204) 983-6317
|
- 530-580 Hornby Street
Vancouver, British Columbia
V6C 3B6
Tel: (604) 666-2111
TDD: 666-0778
Telecopier: (604) 666-8322
|
- CRTC Documentation Centre
55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Telephone: (416) 952-9096
Telecopier: (416) 954-6343
|
- CRTC Documentation Centre
Cornwall Professional Building
2125, 11th Avenue
Room 103
Regina, Saskatchewan
S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319
|
- Related CRTC documents
|
- Public Notice 1999-76: Call for comments on proposed
revised music categories
- Public Notice 1999-30: Call for comments on a proposed policy for campus radio
- Public Notice 1998-135: Review of the broadcasting policy reflecting Canada's
linguistic and cultural diversity Call for Comments
- Public Notice 1998-132:
Regulations amending the Radio Regulations, 1986 Commercial Radio Policy
- Public Notice 1998-41: Commercial radio policy 1998
- Public Notice 1997-105: An agenda for reviewing the Commission's policies for
radio
- Public Notice 1997-42: Revised policy on the use of hits by English-language FM
radio stations
- Public Notice 1995-196: Contributions by radio stations to Canadian talent
development - A new approach
- Public Notice 1992-72: A review of the Commission's regulations and policies for
radio
- Public Notice 1992-38: Policies for community and campus radio
- Public Notice 1990-111: An FM policy for the nineties
- Public Notice 1988-161: Balance in programming on community access media
|
- Secretary General
|
- This notice is available in alternative format
upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca
|