ARCHIVED -  Decision CRTC 93-32

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Decision
Ottawa, 26 January 1993
Decision CRTC 93-32
Radio Communautaire Kapnord Inc.
Kapuskasing, Ontario - 920589900
Following a Public Hearing in the National Capital Region beginning on 5 October 1992, the Commission approves the application for a broadcasting licence for a French-language FM community radio programming undertaking at Kapuskasing on the frequency 89.7 MHz, (channel 209A), with an effective radiated power of 3,000 watts.
Pursuant to Public Notice CRTC 1992-38 dated 29 May 1992 entitled Policies for Community and Campus Radio, the Commission will issue a licence for a Type A community radio station. This licence will expire on 31 August 1999 and will be subject to the conditions specified in this decision and in the licence to be issued.
The applicant proposes to serve, in addition to Kapuskasing, several small northeastern Ontario communities, including Opasatika, Harty, Val-Rita, Moonbeam, Fauquier, Strickland and Smooth Rock Falls. The proposed coverage area is not currently served by any local French-language station. The majority Francophone population of this area receives CBC radio via retransmitters in Sudbury. Private radio services are provided by Pelmorex Broadcasting Inc. (Pelmorex) through its local English-language station CKAP Kapuskasing, and CHYK Kapuskasing, which rebroadcasts the French-language programming of CKOY Timmins. The Commission also notes that Radio de l'Épinette Noire Inc. operates French-language community radio station CINN-FM in Hearst, about 100 kilometres from Kapuskasing.
Pelmorex intervened at the public hearing to oppose this application. The intervener stated that, because of the economic situation in the area and the limited advertising market, implementation of the new station could jeopardize the survival of its broadcasting undertakings in Kapuskasing, Timmins and Hearst.
In reply, the applicant argued that its proposed local community radio service is essential to the development of the Francophone community in the area. It stated that CKAP has been operating in Kapuskasing for over 30 years and has a well established audience and advertising clientele. The applicant also noted that several industrial projects are scheduled to commence over the next few years, and that they should boost the local economy. It added that, in order to minimize the impact of the new station on existing services, it intends to serve a new client base, including some 300 businesses it has identified in predominantly French-speaking communities outside Kapuskasing and which currently purchase very little radio advertising. The applicant estimates that about 30 per cent of its advertising revenue will be derived from these new markets.
In its policy for community and campus radio issued in May 1992, the Commission announced that there would be no limit on advertising by Type A community stations. It indicated, however, that where the introduction of a community station in a market already served by one or more stations operating in the other official language could create a problem, it will assess such applications on an individual basis. In the present case, having considered the Pelmorex intervention and the current economic situation, the Commission has decided to impose a condition of licence that the applicant not broadcast more than 6 minutes of advertising in each hour of broadcast time. The Commission is of the view that, with this condition, implementation of this new community station should not jeopardize the viability of the Pelmorex stations in this market. The Commission notes that Pelmorex has access to considerable resources and is licensed to operate several other radio stations in Ontario. Further, the Commission is satisfied that this condition will allow the station to obtain adequate advertising revenues and will also provide an incentive to diversify its sources of income as much as possible. As stated in its policy, the Commission views revenue diversification as essential to the existence and preservation of the distinctive character of community radio.
The applicant forecast capital expenditures of about $300,000 to establish the station, and filed the required documentation certifying that the necessary funds are available. The documentation includes a letter from the Department of the Secretary of State of Canada confirming that the applicant is eligible for a grant covering 50% of its capital expenditures, and letters from the Kapuskasing Caisse Populaire indicating the availability of a further amount of more than $120,000, including a loan of $73,250. The applicant also stated that several grants are available to the station from the Department of the Secretary of State, Employment and Immigration Canada, and the Ontario Ministry of Culture and Communications during the initial years of operation.
Further, the applicant noted the strong support for the project that the community has demonstrated since the project was first proposed. It stated that it has about 300 active members, has received letters from approximately 800 other supporters, and, despite the recession, has collected some $80,000 through annual fund-raising campaigns and other activities in the community. In view of all of the foregoing, the Commission is confident that the applicant has the necessary financial resources and community support to establish the proposed service.
The applicant committed to produce a minimum of 66 hours of live local programming per broadcast week, and to increase this amount depending upon the participation of volunteers. The applicant also committed to broadcast each week 50 hours of locally-produced automated programming, and 10 hours of programs originating at community station CINN-FM Hearst. A volunteer training committee established to co-ordinate the four short-term broadcasts authorized by the Commission from 1990 to 1992 remains active and in place, and the applicant advised that several other individuals and groups have offered to become involved in programming.
The Commission notes that the station will broadcast 19 hours per week of spoken word programming primarily oriented towards the communities it serves. News programming will be 90 per cent local and regional, and will include three major daily newscasts at 8:00 a.m., noon, and 6:00 p.m. National and international news content will be received from the Nouvelles Télé-Radio service (NTR). With regard to music programming, the applicant committed to broadcast a minimum of 65 per cent French-language vocal music and to maintain broad diversity in its musical selections.
The Commission expects community radio to develop innovative and alternative forms of community-oriented programming that contribute to the diversity and variety of radio services within a community. It also expects community radio to focus on all aspects of the community, by offering programming that examines issues affecting all of its members, as well as programs that deal with matters of interest to specific elements within it, such as neighbourhoods, surrounding towns, villages, and specific interest groups.
In its policy on community radio released in May 1992, the Commission encouraged community broadcasters to continue to promote the development of local artists on their stations. The applicant committed to broadcast 20 programs per year featuring local artists in co-operation with the local cable community channel; to provide local artists with access to its studios and with the resources they require to record their works; and to award an annual prize to the best composer-lyricist-performer.
In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. It considers that community radio stations should be particularly sensitive to this issue in order to reflect fully the communities they serve. It encourages the applicant to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
It is a condition of licence that the applicant 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.
It is also a condition of licence that the applicant 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. The Department of Communications (DOC) has advised the Commission that this application is conditionally technically acceptable, and that a Broadcasting Certificate will only be issued once it has been determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
In accordance with subsection 22(1) of the Broadcasting Act, the Commission will only issue the licence, and the authority granted herein may only be implemented, at such time as written notification is received from the DOC that its technical requirements have been met, and that a Broadcasting Certificate will be issued.
It is a condition of licence that construction of this undertaking be completed and that it be in operation within twelve months of the date of receipt of the DOC notification referred to in the preceding paragraph or, where the applicant applies to the Commission within this period and satisfies the Commission that it cannot complete implementation before the expiry of this period and that an extension is in the public interest, within such further period of time as is approved in writing by the Commission.
The Commission notes the interventions filed in support of this application by the Alliance des Radios communautaires du Canada; Centre régional de Loisirs culturels Inc.; the Kapuskasing chapter of Club Richelieu; Kapuskasing District Catholic Separate School Board; Kapuskasing and District Chamber of Commerce; Le Mot de Passe; Mouvement des Intervenants et intervenantes communautaires en radio de l'Ontario (MICRO); Perspective 8; Stéphane Laberge; Marco Dubé; Donald Leclerc; Bernard Thibodeau; and Robin Tremblay.
Allan J. Darling
Secretary General
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