Broadcasting Decision CRTC 2025-121
Reference: 2024-231
Gatineau, 23 May 2025
Association des francophones du Nunavut
Iqaluit, Nunavut
Public record: 2023-0443-4
Public hearing in the National Capital Region
12 December 2024
French-language community FM radio station in Iqaluit
Summary
The Commission approves an application by the Association des francophones du Nunavut for a broadcasting licence to operate a French-language community FM radio station in Iqaluit, Nunavut. This licence will allow the applicant to change its existing low-power station, CFRT-FM Iqaluit, from unprotected to protected status.
This licence will allow the station to provide better local programming service to the Francophone community of Iqaluit.
Application
- On 7 July 2023, the Commission received an application from the Association des francophones du Nunavut (Association) for a new broadcasting licence to operate its French-language community FM radio station in Iqaluit, Nunavut.Footnote 1
- The station currently operates the low-power French-language community FM radio station CFRT-FM Iqaluit and requested a new licence to change from unprotected to protected status.Footnote 2 The station would operate at 107.3 MHz (channel 297A) with an effective radiated power (ERP) of 500 watts (omni-directional antenna) and an effective height of the antenna above average terrain (EHAAT) of -48.9 metres.
- The Association proposed to broadcast 126 hours of programming per broadcast week, of which 72 hours and 30 minutes would be devoted to local programming, and 53 hours and 30 minutes would be devoted to (non-local) wrap-around programming.Footnote 3
- The Association also proposed to broadcast 22 hours and 30 minutes of news per broadcast week, of which 17 hours and 30 minutes would be devoted to local and regional news and 5 hours to national news.
- The Commission did not receive any interventions regarding this application.
Legal framework
- The Commission has the authority, pursuant to subsections 9(1) and 9.1(1) of the Broadcasting Act (the Act), to issue and renew licences and to make orders imposing conditions on the carrying on of a broadcasting undertaking that it considers appropriate for the implementation of the broadcasting policy set out in subsection 3(1) of the Act.
Issues
- After examining the record for this application in light of applicable regulations and policies, the Commission considers that it must address the following issues:
- whether the applicant’s ownership structure satisfies the requirements for Canadian ownership and control and the Campus and Community Radio PolicyFootnote 4;
- whether the use of the proposed frequency represents an appropriate use of spectrum;
- whether the approval of the application would have an undue economic impact on incumbent stations;
- whether proposed programming would be consistent with the Campus and Community Radio Policy; and
- whether volunteer participation at the station is consistent with the Campus and Community Radio Policy.
Canadian ownership and control
- Pursuant to paragraph 3(1)(a) of the Act, the Canadian broadcasting system shall be effectively owned and controlled by Canadians. As required by the Direction to the CRTC (Ineligibility of Non-Canadians)Footnote 5 (the Direction), no broadcasting licence can be issued to a non-Canadian.
- CFRT-FM is owned and operated by the Association, a non-profit organization controlled by its board of directors, who are all Canadian, consistent with the Direction.
- The Campus and Community Radio Policy requires that a community station be owned, operated and controlled by a non-profit organization. This organization must provide for membership, management, operations, and programming primarily by members of the community served.
- The Association’s by-laws state that membership is open to persons residing in Nunavut who are at least 19 years of age; are not employed by the Association; subscribe to the Association’s mission, objectives, and policies; and have paid their annual dues. Members are entitled to attend and vote at annual meetings and to elect directors.
- In light of the above, the Commission finds that the Association’s ownership structure satisfies the requirements for Canadian ownership and control as well as those of the Campus and Community Radio Policy.
Appropriate use of spectrum
- The Department of Industry (also known as Innovation, Science and Economic Development Canada, hereafter referred to as the Department) has granted conditional technical acceptability of the proposed station. As such, the applicant’s proposal adheres to the Department’s rules governing FM spectrum coordination.
- The Association proposed to operate the new station on 107.3 MHz (channel 297A) in Iqaluit, which would eliminate the availability of this frequency in Iqaluit and surrounding areas. However, the Commission notes that there are other frequencies that could provide similar coverage to that proposed by the Association. Moreover, there are no other main markets in the vicinity that would be affected by the use of this frequency.
- In light of the above, the Commission finds that the use of frequency 107.3 MHz in Iqaluit would have a negligible impact on the availability of frequencies in Iqaluit and surrounding areas.
Economic impact on incumbent stations
- The proposed FM primary contour would serve the town of Iqaluit and include the small community of Apex, Nunavut, while the secondary contour would include Hill Island, Nunavut, and surrounding areas. The Commission calculated that with this technical change the station would increase its primary contour. As a result, the population served would be increased by 18%.
- In light of the above and given that the radio station is already in operation, that CFRT-FM’s total projected revenues are in line with the station’s historical revenues, and that the Commission has received no interventions in opposition, the Commission finds that approval of the application would not have an undue economic impact on the incumbent stations.
Proposed programming
- In the Campus and Community Radio Policy, the Commission established that, by various means, community stations offer programming based on the needs and interests of a community.Footnote 6 It also stated that community radio:
- permits and facilitates communication among members of the community by fostering diversity in the broadcasting of opinions, spoken word content, and musical programming;
- participates in the stimulation of socio-economic endeavours and in the cultural enrichment of the communities; and
- reflects the diversity of the communities served – local programming is produced, in part, by volunteers.
- Further, the Commission established that campus and community radio programming should distinguish itself from that of the commercial and public sectors in both style and substance, offering programming that is rich in local information and reflection. It also stated that this programming should meet the needs and interests of the communities served by these stations in ways they are not met by commercial radio stations and the Canadian Broadcasting Corporation. Such programming should consist of music, especially Canadian music, not generally broadcast on commercial stations. It should also consist of in-depth spoken word programming and programming targeted to specific groups within the community.
Applicant’s proposal
- The Association proposed to broadcast 126 hours of programming per broadcast week, of which 72 hours and 30 minutes would be devoted to local programming (of which 14 hours and 30 minutes would be rebroadcast programming), including spoken word and music programming, and 53 hours and 30 minutes to wrap-around (non-local) programming. The programming would remain the same as that currently broadcast.
- The Association indicated that 10% of the musical selections broadcast would be drawn from content subcategory 21 (Pop, rock and dance) and that it would devote at least 20% of its musical selections to selections drawn from content subcategories other than content subcategory 21. It also stated that the programming would include Inuit-language music.
- In regard to news programming, the Association proposed to devote 22 hours and 30 minutes per broadcast week to news bulletins, of which 17 hours and 30 minutes would be devoted to local and regional news, and 5 hours to national news. Local programming would be comprised of daily live and pre-recorded programs.
- The Association indicated that, should the application be approved, it would comply with the conditions of service (previously, conditions of licence) set out in Broadcasting Regulatory Policy 2012-304.
- The Association specified that the total number of hours of wrap-around programming would be 53 hours and 30 minutes, of which 38 hours and 30 minutes would consist of programs produced by the Alliance des radios communautaires du Canada (ARC). The remaining 15 hours would come from other Francophone stations in Canada.Footnote 7 The Association stated that CFRT-FM is a member of ARC, which shares programs it produces with its members to enrich their programming and better serve Francophones who listen to community radio stations across Canada.
- Further, the Association explained that the variety of wrap-around programming it proposes would reflect the diverse needs and interests of Iqaluit’s French-speaking listeners, who come from different communities and countries.
- The Association stated that the proposed programming would encourage the development and promotion of local talent by conducting interviews with local artists, organizing artistic activities, and regularly broadcasting musical selections by local artists on its station and on its various platforms, including the station’s website.
- In light of the above, the Commission finds that the proposed programming is consistent with the Campus and Community Radio Policy.
Volunteer participation at the station
- In the Campus and Community Radio Policy, the Commission established that community radio must integrate volunteers in programming and other aspects of station operations.
- The Association indicated that community members can participate in the station’s programming, and that it recruits volunteers to produce and direct programs or to participate in the station’s projects. It also stated that volunteers play a key role in producing local programming.
- In light of the above, the Commission finds that the proposed plan for volunteer participation is consistent with the Campus and Community Radio Policy.
Other consideration
Consultations with official language minority communities
- Section 5.1 and subsection 5.2(1) of the Act impose obligations on the Commission in regard to official language minority communities (OLMCs). While section 5.1 requires the Commission to enhance the vitality of OLMCs and support and assist their development, subsection 5.2(1) requires that the Commission consult with OLMCs when making decisions that could adversely affect them.
- In this case, the transition of the Association’s station to protected status and the increase to the station’s contours, which would result in an increase in the French-speaking population served in Iqaluit, would meet the obligations imposed by section 5.1 of the Broadcasting Act and subsection 41(1) of the Official Languages Act. The Commission notes that the proposed technical changes could enhance the vitality of a Francophone OLMC in Canada and support its development.
- Moreover, as the Association is the only group representing OLMCs that the Commission was able to identify in the region, no further consultation was deemed necessary.
Conclusion
- In light of all of the above, the Commission approves the application by the Association des francophones du Nunavut to obtain a broadcasting licence to operate a French-language community FM radio station with protected status in Iqaluit. The licence will expire 31 August 2031.
- Pursuant to paragraph 9(1)(f) and subsection 21(1) of the Act, the Commission will revoke the current broadcasting licence for CFRT-FM and issue a new licence once the Department has confirmed its technical requirements have been met, and when the applicant has informed the Commission in writing that it is ready to commence operations under the new technical parameters.
Conditions of service
Standard conditions of service
- There are standard conditions of service that apply to all undertakings of a particular class. In this case, the Commission considers it appropriate that the licensee adhere to the standard conditions of service for community radio stations set out in the appendix to Broadcasting Regulatory Policy 2012-304.
- Further, pursuant to subsection 49(2) of the Online Streaming Act, any regulation made under paragraphs 10(1)(a) or 10(1)(i) of the old Broadcasting Act is deemed to be an order made under section 9.1 of the new Broadcasting Act. As a result, the Commission considers it appropriate to require the licensee to adhere to these requirements as conditions of service.
- Accordingly, pursuant to subsection 9.1(1) of the Act, the Commission orders the Association des francophones du Nunavut to adhere to the standard conditions of service set out in Broadcasting Regulatory Policy 2012-304, as well as to all applicable requirements set out in the Radio Regulations, 1986 (the Regulations), that were made under paragraph 10(1)(a) or under paragraph 10(1)(i) of the old Act.
National Public Alerting System
- The Commission considers that the full participation of the broadcasting industry is important for the National Public Alerting System (NPAS) to be effective in safeguarding and warning Canadians.
- Consequently, the Commission has implemented obligations in respect of the broadcast of emergency alerts. For reference, see section 16 of the Regulations, as well as Broadcasting Regulatory Policy 2014-444. The licensee must implement the public alerting system for each of its transmitters, and ensure that any alert broadcast decoders (e.g., ENDEC) used for the purposes of broadcasting emergency alert messages are installed and programmed to properly account for the applicable contour (as set out in paragraph 16(2)(b) of the Regulations) of the station as well as that of any rebroadcasting transmitter that may appear on the licence for that station.
- The Commission considers it appropriate that the licensee be required to implement the NPAS in the manner set out in the Regulations.
- Accordingly, pursuant to subsection 9.1(1) of the Act, the Commission orders the Association des francophones du Nunavut to implement the NPAS.
- The specifics of the above orders are set out in the conditions of service for the undertaking.
- The Commission notes that the formal broadcasting licence document issued to a licensee may set out additional requirements for the undertaking, relating to, for example, technical parameters or prohibitions on transfer. Pursuant to subsection 9(1) of the Act, the licensee shall also adhere to any such requirements set out in the broadcasting licence for the undertaking.
- The terms as well as the specifics of the conditions of service are set out in the appendix to this decision.
- Finally, the Commission notes that the matters set out in the above orders were subject to a public proceeding that provided both the applicant and other interested parties notice of and an opportunity to make comments with respect to the proposed orders. The Commission is satisfied that, in this case, the public proceeding was sufficient to achieve the purpose of the publication and consultation requirement set out in subsection 9.1(4) of the Act.
Secretary General
Related documents
- A targeted policy review of the commercial radio sector, Broadcasting Regulatory Policy CRTC 2014-554, 28 October 2014
- Amendments to various regulations, the standard conditions of licence for video-on-demand undertakings and certain exemption orders - Provisions requiring the mandatory distribution of emergency alert messages, Broadcasting Regulatory Policy CRTC 2014-444 and Broadcasting Orders CRTC 2014-445, 2014-446, 2014-447 and 2014-448, 29 August 2014
- Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012
- Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010
This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2025-121
Terms, conditions of service, expectations and encouragement for the French-language community FM radio undertaking in Iqaluit, Nunavut
Terms
The licence will expire 31 August 2031.
The station will operate at 107.3 MHz (channel 297A) with an effective radiated power (ERP) of 500 watts (with an effective height of antenna above average terrain [EHAAT] of -48.9 metres).
Pursuant to subsection 22(1) of the Broadcasting Act, no licence may be issued until the Department of Industry (also known as Innovation, Science and Economic Development Canada) notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.
Furthermore, the Commission will only issue a licence for this undertaking once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be in operation by no later than 23 May 2027. To request an extension, the applicant must submit a written request to the Commission at least 60 days before that date, using the form available on the Commission’s website.
Conditions of Service
- The licensee must adhere to the conditions set out in the appendix to Standard conditions of licence for campus and community radio stations, Broadcasting Regulatory Policy CRTC 2012-304, 22 May 2012, as well as the requirements set out in the undertaking’s broadcasting licence.
- The licensee shall adhere to all applicable requirements set out in the Radio Regulations, 1986 that were made under paragraphs 10(1)(a) or 10(1)(i) of the former Broadcasting Act.
- The licensee must implement the National Public Alerting System (NPAS) by the station’s launch in the manner set out in section 16 of the Radio Regulations, 1986, and in Amendments to various regulations, the standard conditions of licence for video-on-demand undertakings and certain exemption orders – Provisions requiring the mandatory distribution of emergency alert messages, Broadcasting Regulatory Policy CRTC 2014-444 and Broadcasting Orders CRTC 2014-445, 2014-446, 2014-447 and 2014-448, 29 August 2014, as amended from time to time.
Expectations
Board of directors
As set out in Campus and community radio policy, Broadcasting Regulatory Policy CRTC 2010-499, 22 July 2010, the Commission expects all campus and community licensees to file yearly an update on the composition of their board of directors. These annual updates can be submitted at the time of submission of annual returns, following annual board of directors’ elections, or at any other time. As noted in Appendix 3 to that regulatory policy, licensees may submit such documentation via the Commission’s website.
Cultural diversity
The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.
Encouragement
Employment equity
In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the licensee should consider employment equity in its hiring practices and in all other aspects of its management of human resources.
Amendments to the Broadcasting Act resulting from the Online Streaming Act place greater emphasis on the inclusion of equity-deserving communities and individuals in the broadcasting system. As a result, the Commission may examine the employment equity policy and diversity-related policies in the context of the consultations on inclusion and diversity announced in its Regulatory plan to modernize Canada’s broadcasting framework. In the meantime, the Commission encourages the licensee to consider the amendments to the Broadcasting Act in furthering its employment equity practices.
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