ARCHIVED -  Public Notice CRTC 1994-110

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Public Notice

Ottawa, 30 August 1994
Public Notice CRTC 1994-110
Victory Christian Fellowship of Lethbridge (1983) Inc.
Lethbridge, Alberta - 931445100Dawson Creek, Pouce Coupé and Rolla, British Columbia - 931041800
The Commission seeks clarification of commitments by the above-noted applicants regarding the provision of balance and adherence to guidelines on ethics in their proposed over-the-air television programming undertakings to broadcast religious programming
I INTRODUCTION
In Public Notice CRTC 1993-78 dated 3 June 1993 and entitled "Religious Broadcasting Policy", the Commission issued its revised policy on reli-
gious broadcasting. The policy allows, for the first time, the licensing of single-faith groups to carry on broadcasting undertakings to provide religious programming services. The two main elements of the religious broadcasting policy relate to the issue of balance, and adherence to a number of new guidelines on ethics for religious broadcasting.
Following issuance of its new policy, the Commission received two applications for broadcasting licences to carry on over-the-air television programming undertakings for the broadcast of religious programming: one from Victory Christian Fellowship of Lethbridge (1983) Inc. (Victory) of Lethbridge, and the other from Cherry Point Community Promotion Association (Cherry Point) of Dawson Creek. The applications were heard at the 6 June 1994 public hearing in Saskatoon.
In their written applications and at the hearing, Victory and Cherry Point outlined their proposals and commitments directed towards meeting the requirements set out in the religious broadcasting policy. In the Commission's view, the applicants did not provide the Commission with sufficient, detailed information as to how, over time, these proposals and commitments would be consistently, fairly and effectively implemented.
The Commission notes that, as the first applicants proposing single-faith ownership of undertakings providing religious services to be heard by the Commission following the release of Public Notice CRTC 1993-78, Victory and Cherry Point had reference to few precedents in preparing their proposals, most particularly with regard to the interpretation and application of the policies on balance and ethics in such cases. The Commission has therefore decided to provide further guidance with reference to its expectations and requirements and to afford the applicants an opportunity to clarify their proposals and commitments pertaining to these specific areas.
II THE ISSUE OF BALANCE
The Broadcasting Act requires a broadcaster who chooses to broadcast programming dealing with a matter of public concern to provide the audience with a variety of perspectives on that issue. The Commission views religious matters to be of public concern. Hence, licensees who broadcast religious programming have a particular obligation to expose their audiences to different points of view on religion itself.
In general, a broadcaster need not provide balance in each program or series of programs, but rather in the overall programming broadcast on the undertaking, over a reasonable period of time.
The onus is on applicants seeking licences to carry on new programming undertakings for the purpose of providing religious programming to demonstrate to the Commission how they intend to ensure the provision of balance.
a) The Applicants' Proposals to Provide Balance
Victory proposed to produce and broadcast 2 hours 30 minutes per week of phone-in programming as a means to encourage community involvement and discussion of different beliefs and viewpoints. The applicant indicated that guests presenting other viewpoints would be interviewed, and topics would be introduced to stimulate discussion about alternative viewpoints.
Victory also proposed to provide air time to other faith groups and denominations within the local area. In addition, the applicant noted that it might acquire documentaries on other faiths from sources such as the Canadian Broadcasting Corporation or the National Film Board.
The applicant proposed to create a Regulatory Review Committee to review the station's performance with regard to balance. The committee would be comprised of six persons, including representatives of station management, program producers and three individuals who are not members of Victory Church.
Cherry Point proposed to provide balance by featuring taped programming segments submitted by local churches, religious organizations and individuals within its daily program "Local Praise". The applicant proposed to remind viewers throughout the program of the opportunity to submit tapes.
The applicant also proposed to produce and broadcast a 30-minute documentary on other faiths once a month.
b) The Commission's Expectations Regarding the Proposed Methods of Providing Balance
The Commission will assess an applicant's plans with respect to the provision of balance by examining, not only the methods it will use to provide different views on religion and on other matters of public concern, but the amount of programming it proposes to include in its schedule presenting such different views.
The following section sets out the Commission's expectations regarding the methods proposed by the two applicants to provide balance. The Commission notes that, although each of these methods may constitute a valid means of achieving balance, other methods that are not described here may also be effective in exposing the audience to other viewpoints.
i) Open-Line Programming
While making air time available for viewers to call in and express their opinions is one valid mechanism to achieve balance, it does not, in itself, ensure that different points of view will be presented on religion and on other matters of public concern. An applicant must make a specific commitment and formulate detailed and effective plans to ensure that different points of view are broadcast, for example, by presenting guests from other faiths on a regular basis.
ii) Programming by Other Religious Groups
The Commission considers that the broadcast of programming by other denominations and faith groups offers a valid means of providing alternative points of view, as well as serving the needs of the local community.
It is not sufficient, however, merely to make air time available to other groups. A broadcaster must actively solicit such programming to ensure that different views are presented. An applicant should demonstrate to the Commission that it has contacted other religious groups, and present evidence that a willingness exists on the part of other faith groups to participate. Moreover, it should indicate to the Commission how it will ensure that programming from the various faith groups in the community will continue to be available on an on-going basis.
An applicant must also satisfy the Commission that different points of view will be broadcast by providing minimum commitments regarding how often programming by other denominations and faith groups will be broadcast.
The Commission encourages applicants proposing to provide air time to groups in the community to develop policies to ensure fair access to all groups. It also encourages applicants to consider the possibility of acquiring programming that would meet the needs of local faith groups who are not able to produce their own programming.
In the event that other faith groups do not wish to provide programming for broadcast, an applicant must find another means to ensure that a variety of perspectives is provided.
iii) Broadcast of Documentaries
The broadcast of documentaries on other faiths on a regular basis represents another appropriate method by which balance may be achieved. The Commission expects that applicants proposing such a method of providing balance to make commitments regarding the minimum amount of such programming that will be broadcast.
iv) Monitoring Balance
The Commission expects applicants to provide detailed plans on how balance will be monitored and on what corrective action will be taken in the event that the requirement for balance is not being met.
III GUIDELINES ON ETHICS
The Commission expects all licensees who broadcast religious programs to adhere to the guidelines on ethics set out in Public Notice CRTC 1993-78. The purpose of the guidelines is to serve as an effective guide to program development, production, acquisition and scheduling, and to protect viewers and listeners against intolerance and exploitation, particularly those vulnerable to religious solicitations.
The onus is on applicants seeking licences to carry on new programming undertakings to provide religious programming to demonstrate to the Commission how they intend to ensure compliance with the guidelines.
a) The Applicants' Proposals
Victory indicated that the proposed Regulatory Review Committee would monitor the station and its programs to ensure compliance with the guidelines on ethics. The committee would also review any new programs to ensure compliance with the guidelines and monitor the manner in which funds are solicited.
Cherry Point stated that it would preview new programs, as well as any programs that it suspected might violate the guidelines on ethics. The applicant also proposed to remove programming if a violation of the guidelines was considered to be major and there were indications that such a violation might be repeated.
b) The Commission's Expectations Regarding the Administration and Enforcement of the Guidelines on Ethics
i) Administration of the guidelines
Licensees are responsible for ensuring that all religious programming broadcast complies with the guidelines on ethics. The Commission therefore expects applicants seeking licences to carry on undertakings for the broadcast of religious programming to make commitments regarding how they will administer the guidelines with respect to all programming they will broadcast, including open-line programming, live programming, and non-Canadian programming. The Commission recognizes that it may sometimes be difficult for a licensee to review all programs prior to broadcast to ensure they meet the guidelines. However, there are a number of other mechanisms that may be used for this purpose, including:
* providing the guidelines to programming staff, program providers and groups wishing to purchase air time;
* obtaining assurances from program providers and groups wishing to purchase air time that the guidelines will be adhered to; and
* screening calls or employing delay systems for open-line programming.
ii) Monitoring and Enforcement of the Guidelines
The Commission expects applicants to provide detailed plans on how compliance with the guidelines on ethics will be monitored and what action will be taken in the event that a violation of the guidelines occurs.
IV PROCEDURAL MATTERS
As indicated above, the Commission hereby invites the two applicants, Victory and Cherry Point, to respond to the matters raised in this public notice by submitting clarification of their proposals and commitments for adherence to the balance requirements and guidelines on ethics set out in the religious broadcasting policy.
The applicants shall have until Monday, 28 November 1994 to file their responses pertaining to these specific matters with the Secretary General, CRTC, Ottawa, Ontario K1A 0N2. These responses will then be placed on the public file. The applicants must also provide a copy of their responses to each of the parties who intervened to their applications.
In the case of each application, all interveners of record, if they so wish, will then have until Monday, 12 December 1994 to submit comments to the Secretary General at the above address on the applicant's response. A copy must also be sent to the applicant.
All such comments will be considered by the Commission and will form part of the public record of the proceeding without further notification to the intervener, provided the above procedure has been followed.
The Commission intends to complete its deliberations and issue decisions on the two applications as quickly as possible thereafter.
Allan J. Darling
Secretary General

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