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Public Notice
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Ottawa, 9 July 1998 |
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Public Notice CRTC 1998-62 |
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Exemption order respecting certain native radio undertakings
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1. In Public Notice
CRTC 1998-4 dated 28 January
1998, and pursuant to section 9(4) of the Broadcasting Act (the Act),
the Commission proposed to exempt from licensing requirements persons
carrying on certain native radio undertakings. The Commission received
submissions from four interested parties in response to its proposal: the
Association for Indigenous Radio (AIR), a native broadcasting society;
Television Northern Canada (TVNC), a native broadcaster; the Canadian
Broadcasting Corporation (CBC); and one individual. |
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2. The Commission acknowledges the comments and
suggestions contained in these submissions, and has taken these into account
in developing various modifications to the exemption criteria proposed in its
January 1998 public notice. These modifications are reflected in the
Exemption Order Respecting Certain Native Radio Undertakings (the Order),
which is attached as Appendix A to this notice. |
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3. This Order exempts native radio stations in
remote areas from licensing and from most sections of the Radio
Regulations, 1986 (the regulations). The Commission is satisfied that
this exemption is the most efficient way to ensure that the broadcasting
undertakings falling within the exempted class are able to devote the maximum
amount of their limited resources to the provision of service, rather than to
the fulfilment of administrative requirements. |
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4. At the same time, given the important role
played by this sector within the Canadian broadcasting system, the Commission
will wish to maintain a record of the number and location of native radio
stations operating in Canada. It is satisfied that a simple registration
process will enable it to do so. Accordingly, the Commission expects
new native radio stations that meet the exemption criteria and wish to
take advantage of the exemption order to fill in the registration form
included as Appendix B to this notice and submit it to the Commission. |
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5. This registration is for information purposes
only, and completion of the registration form does not constitute a
Commission determination that the undertaking in question meets the exemption
criteria. The registration process need only be completed once, when a new
station in the exempted class begins operation. Native radio stations that
have been licensed in the past need not register with the Commission. |
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6. In its submission, the CBC raised certain
concerns about the proposed exemption order. These concerns relate primarily
to the degree of recourse available to members of a community in situations
where they believe an exempted station is not adequately fulfilling its
mandate. The Commission acknowledges these concerns, but is confident that
the criteria set out in the purpose and description sections of the final
Order provide a clear outline of the mandate and function of these services.
Members of a community who believe that their local station does not meet the
criteria set out in the exemption order may bring their concerns to the
Commission. |
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7. In Public Notice
CRTC 1998-4, the Commission
specifically asked for comments on whether persons operating exempted
stations should be required to adhere to regulations relating to Canadian
content and the retention of logger tapes. |
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8. TVNC, in its comment, noted that native radio
stations "usually feature local, Canadian talent and have no desire to
diminish the number of hours devoted to Canadian programming." At the same
time, however, it indicated that the limited resources available to these
services make it "difficult to comply with the current requirements of
providing broadcast logs and monitoring [Canadian content] levels." |
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9. The Commission agrees with TVNC that native
radio stations can continue to contribute to the Canadian broadcasting system
without being required to adhere to specific regulations regarding Canadian
content in music programming. The Commission further agrees that a simpler
requirement would allow exempted stations, in TVNC's words, to "comply
without allocating valuable resources to the necessary paperwork which could
be better utilized producing and broadcasting aboriginal programs." |
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10. Accordingly, persons carrying on native
radio undertakings that meet the exemption criteria are exempted from the
Canadian and musical content requirements contained in section 2.2 of the
regulations, as amended from time to time. The text of the purpose section of
the Order has been changed from that contained in the Commission's original
proposal to note that "[t]hese undertakings...make the greatest practicable
use of Canadian creative and other resources in the creation and presentation
of programming." |
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11. Both AIR and TVNC indicated that exempting
native radio stations from the requirement to retain program logs and logger
tapes would free significant amounts of financial and other resources that
could be devoted to improving the service provided to communities. The
Commission agrees that placing such a focus on improved service would be a
productive use of the limited amount of resources available to these
stations. Accordingly, stations that meet the exemption criteria are exempted
from the logs and records requirements contained in section 8 of the
regulations. |
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12. In their submissions, TVNC and the CBC
commented on the broadcasting of religious programming by native radio
stations. The Commission considers that it would not be appropriate to
include within the scope of this Order undertakings that offer a service that
is primarily religious in nature. Accordingly, the Commission has added a new
criterion to the exemption order to address this concern. This criterion
states: "The primary purpose of the undertaking is not to provide a religious
programming service." The Commission considers that this criterion will
ensure that an exempted station is not used primarily as a vehicle to promote
the views of one religious group or denomination in a community. |
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13. The Commission emphasizes that the
Canadian content, logger tape, program log and balance in programming
requirements remain important components of its regulatory and policy
framework for the Canadian broadcasting system. The Commission's decision
to exempt certain native radio stations from those requirements is based on
the fact that, although culturally important, these stations have limited
resources, provide radio services in unique circumstances and, by definition,
operate in areas where no commercial stations are operating. |
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14. The Commission notes that AIR, although
generally supportive of the proposed exemption order, raised two concerns in
its submission. AIR noted that "digital radio will be the radio mechanism of
the future" and questioned whether exemption would reduce the entitlement of
native radio stations to digital radio frequencies. AIR also commented on the
definition of a "low power" radio station and the use of low power
frequencies by native radio stations. |
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15. The Commission considers that the exemption
of native radio undertakings should not be permitted to have any negative
impact on their ability to make use of digital technology. It notes in this
regard that all Type A native radio stations currently in operation have been
included in the Department of Industry's allotment plan for digital radio.
Although broadcasting certificates from the Department of Industry will still
be required for native radio broadcasting undertakings that are exempted from
CRTC licensing, the Commission expects that future requests for certificates
from exempted native radio stations will not be given lower priority for
digital radio frequencies than those from licensed services. Nevertheless,
all stations using unprotected low-power frequencies may continue to be
treated differently from stations using protected frequencies. |
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16. With respect to AIR's comments about the use
of low power frequencies by native radio undertakings, the Commission notes
that neither the definition of a native radio undertaking nor the exemption
criteria includes any reference to the level of power used by such an
undertaking. Thus, a station's eligibility for exemption is not affected by
this technical parameter. In the Commission's view, any other issue or
concern about the definition of low-power radio stations should be raised in
the context of the Commission's policy on low-power radio frequencies (as set
out in Public Notice CRTC 1992-21
dated 21 March 1992). |
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17. The exemption order applies to native radio
undertakings whose service contours do not enclose any area in which a
commercial radio programming undertaking is licensed to operate. The
Commission wishes to clarify that this restriction includes areas
served by the retransmission facilities of commercial stations, as well as
the service areas of terrestrial radiocommunication distribution undertakings
that rebroadcast the programming of a commercial radio station. In other
words, native radio undertakings are exempted only where there is no
commercial radio station, no rebroadcaster of a commercial radio station, and
no terrestrial radiocommunication distribution undertaking of a commercial
radio station operating in all or any part of the area served by the native
radio undertaking or its rebroadcasters. |
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18. The Commission notes that a station must
meet the exemption criteria at all times. Thus, in situations where a
commercial radio service, including that provided by a rebroadcaster or a
terrestrial radiocommunication distribution undertaking, begins operating in
all or any part of the area served by a previously-exempted native radio
station, or where the previously-exempted station ceases to comply with any
of the other exemption criteria, the native radio station will no longer fall
within the scope of the Exemption Order and will thus be subject to licensing
requirements and all applicable regulations under the Act. |
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19. Finally, the Commission notes that certain
native radio undertakings that do not meet the strict definition of a Type A
native radio station may have been given "Type A" status on a case-by-case
basis in the past. Any such station that does not meet the exemption criteria
set out in the exemption order attached to this notice will not, of course,
be exempted and will continue to require a broadcasting licence from the
Commission. |
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20. In addition to the modifications noted
above, other minor changes are reflected in the final Order in the interests
of increased clarity and precision. |
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Laura M. Talbot-Allan
Secretary General |
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This document is available in alternative
format upon request. |
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Appendix A to Public Notice 1998-62 |
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EXEMPTION ORDER RESPECTING CERTAIN NATIVE RADIO
UNDERTAKINGS |
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The Commission, by this order made pursuant to
section 9(4) of the Broadcasting Act (the Act), exempts those persons
carrying on radio programming undertakings of the class defined below from
the requirements of Part II of the Act, with the exception of the
requirements set out in sections 32 and 34. Such persons shall also be
subject to the requirements of sections 3, 3.1, 4 and 5 (broadcasting
content) of the Radio Regulations, 1986, with the necessary
modifications |
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I. Purpose |
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The purpose of these radio programming
undertakings is to provide radio programming that reflects the interests and
needs of, and is specifically oriented to, the native communities they serve.
These undertakings have a distinct role in fostering the development of
aboriginal cultures and, where possible, the preservation of ancestral
languages. These undertakings broadcast programming in any native Canadian
language or in either or both of the two official languages, and make the
greatest practicable use of Canadian creative and other resources in the
creation and presentation of programming. |
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II. Description |
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1. The undertaking is owned and controlled by a
not-for-profit organization whose structure provides for board membership by
the native population of the region served. |
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2. The primary purpose of the undertaking is not
to provide a religious programming service. |
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3. No commercial AM, FM or digital radio
programming undertaking or terrestrial radiocommunication distribution
undertaking that distributes the programming of a commercial radio
undertaking is licensed to operate in all or in any part of the undertaking's
geographical area enclosed within: (a) in the case of a native AM station,
the 5 millivolt-per-metre daytime official contour; or (b) in the case of a
native FM station, the 500 microvolt-per-metre official contour. For greater
clarity, the official contour includes the service contour marked for each
transmitter on the map that pertains to that station and that is most
recently published under the Department of Industry Act by the Minister of
Industry. |
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4. The Commission would not be prohibited from
licensing the undertaking by virtue of any Act of Parliament, of the
Direction to the CRTC (Ineligibility of Non-Canadians), the Direction
to the CRTC (Ineligibility to Hold Broadcasting Licences) or of any
other direction to the Commission by the Governor in Council. |
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5. The undertaking's programming complies with
the guidelines on gender portrayal set out in the Canadian Association of
Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio
Programming and the provisions of the CAB's Broadcast Code for
Advertising to Children as may be amended from time to time and approved
by the Commission. |
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6. The undertaking meets all technical
requirements of the Department of Industry and has acquired all
authorizations or certificates prescribed by the Department. |
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Appendix B to Public Notice CRTC 1998-62 |
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Registration for Exempted Native Radio Stations |
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New native radio stations that meet the
exemption criteria set out in the Exemption Order Respecting Certain
Native Radio Undertakings and that have never held a licence from
the Commission should complete and submit this form. This form is also
available on the Commission's web site, at
http://www.crtc.gc.ca . |
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Community |
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Province |
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Name of station or Call sign |
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Band O AM O FM |
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Frequency |
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Transmitter power (watts) |
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Name of person or group
responsible for the station |
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Mailing address of station |
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Name, address and/or
email address of person
who completed form
(if different from above) |
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This registration form is for information
purposes only. Completion of this form does not constitute a Commission
determination that the undertaking identified herein meets the exemption
criteria set out in the Commission's Exemption Order Respecting Certain
Native Radio Undertakings. |
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Please complete and submit to: CRTC, Ottawa,
Ontario, K1A 0N2, FAX: (819) 994-0218. |
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Forms may also be submitted to one of the
following CRTC Regional Offices: |
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HALIFAX MONTREAL WINNIPEG
Bank of Commerce Bldg. Place Montreal Trust 275 Portage Ave.
1809 Barrington Street 1800 McGill College Ave. Suite 1810
Suite 1007 Suite 1920 Winnipeg, Manitoba
Halifax, Nova Scotia Montreal, Quebec R3B 2B3
B3J 3K8 H3A 3J6 FAX: (204) 983-6317
FAX: (902) 426-2721 FAX: (514) 283-3689 |
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VANCOUVER
530-580 Hornby St.
Vancouver, B.C.
V6C 3B6
FAX: (604) 666-8322 |
