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Broadcasting Decision CRTC 2003-460
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Ottawa, 15 September 2003
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Russ Wagg, on behalf of a corporation to be incorporated
Port Alberni, British Columbia
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Application 2002-0839-9
Public Hearing in the National Capital Region
26 May 2003
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Low-power FM radio station in Port Alberni
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In this decision, the Commission denies the application by Russ Wagg, on behalf of a corporation to be incorporated, to operate a low-power FM radio station in Port Alberni.
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The application
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1.
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The Commission received an application by Russ Wagg, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a commercial low-power English-language FM radio programming undertaking in Port Alberni at 102.1 MHz (channel 271LP) with an effective radiated power of 50 watts.
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2.
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The applicant stated that all of the station's programming would be locally-produced. The station would broadcast live-to-air from 6 a.m. to 6 p.m., seven days a week, and rely on voice-tracks and automation for the remaining hours of the broadcast day. It would offer a classic rock format targeted to listeners in the 25 to 49 age group. At least 25% of the weekly broadcast would be devoted to spoken word programming of which at least 30% would be devoted to news.
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Interventions
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3.
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The Commission received 25 interventions in support of this application. Opposing interventions were filed by CJAV Limited, the licensee of CJAV Port Alberni, the only local commercial radio station in the market and by seven residents of Port Alberni. In addition, Inner City Films filed an intervention commenting on the application.
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4.
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CJAV Limited stated that, as one of the few remaining independent local radio stations in British Columbia, it is struggling to become profitable. The intervener expressed concern with the fact that the applicant's proposed low-power FM station would cover the entire city of Port Alberni and that its proposed target audience is also CJAV's primary audience. The intervener contended that the Port Alberni market can barely support one local commercial radio station because of difficulties in the local economy and that licensing the proposed new station would ultimately force the closure of CJAV.
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5.
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The opposing interventions submitted by individual residents of Port Alberni also maintained that the market cannot support another local commercial radio station. They considered that the applicant's proposed station would not offer anything new to the community. While stating that an FM service would be their preferred option, they opposed licensing a service that would have a negative impact on the incumbent radio service, CJAV.
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6.
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The Commission notes the comments by Inner City Films, the concerns it raised on the subject of cultural diversity, and its desire to see an "opening up (of) a new dialogue on diversity."
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7.
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In response to the opposing interveners, the applicant expressed confidence that there are sufficient advertising revenues in the Port Alberni market to sustain two local commercial radio stations. The applicant alleged that listeners in the community are tuning to out-of-market stations because, despite enjoying a monopoly in the market for 20 years, CJAV has not improved the quality of its service. While acknowledging that the proposed music format would target the same listeners as CJAV, the applicant pointed out that residents of all ages would listen to the local news and sports to be broadcast by its proposed station.
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The Commission's analysis and determination
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8.
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The Commission notes that Port Alberni covers a small geographical area and that, even though the applicant proposed to operate a low-power undertaking, the contours of the proposed station would effectively cover the community's entire central radio market.
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9.
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With regard to the concerns raised by the interveners that Port Alberni could not sustain more than one commercial radio station, the Commission notes that the radio market in that community has experienced a decline in the past two years, reporting two consecutive years of negative profit before interest and tax. Based on the evidence available to it, the Commission finds that this small community would not be able to support two commercial radio stations without causing an undue negative impact on the incumbent radio station, CJAV.
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10.
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The Commission notes that the musical selections that would be broadcast as part the applicant's proposed classic rock format are not, for the most part, offered by the adult contemporary format currently provided by CJAV. The Commission, however, finds that the proposed music format would target listeners in the 25 to 49 age group, the same age group targeted by CJAV.
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11.
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With regard to the applicant's allegation that listeners in the Port Alberni market are tuning to out-of-market radio stations because of the poor quality of CJAV's service, the Commission notes that BBM Bureau of Measurement data do not reveal a high level of, or an increase in tuning to out-of-market radio stations.
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12.
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Based on all of the foregoing, the Commission considers that approval of the application would not be in the public interest. Accordingly, the Commission denies the application by Russ Wagg, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a commercial low-power English-language FM radio programming undertaking in Port Alberni at 102.1 MHz (channel 271LP) with an effective radiated power of 50 watts.
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Secretary General
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This decision is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
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Date Modified: 2003-09-15