Andrea Langlois et al - Islands of Resistance - Pirate Radio in Canada

Setting Sail • 15
Policing the Airwaves
There are two bodies that regulate radio in Canada, the CRTC and
Industry Canada. The CRTC deals with the “content, formatting and
benefits to society” 18 of radio transmission, while Industry Canada
oversees issues relating to the technical requirements of operating a
radio station (wattage, interference, borders and use of the airwaves).
The latter acts as the enforcement agency in cases of pirate radio transgression.
For both regulatory bodies, any unlicensed radio in Canada
is officially considered illegal. “The Radiocommunication Act stipulates
that no radio apparatus that forms part of a broadcasting undertaking
may be installed or operated without a broadcasting certificate
issued by the Minister of Industry.” 19 Any station seeking a broadcasting
certificate or licence must apply for it. The granting of the licence
is by no means certain, and the application process requires extensive
documentation, a sizeable capital outlay and an agreement to abide by
CRTC rules regarding studio construction, procedures, language and
content.
Although unlicensed radio is deemed illegal in Canada, enforcement
is typically complaint driven. Because Industry Canada is chronically
short-staffed, this lack of enforcement agents on their part limits the
active regulation of pirate radio. Sometimes Industry Canada staff
discover a station at random and attempt to shut it down, but more
commonly complaints are made by individuals who are offended by
the content and/or language being broadcast, or else concerns are
voiced by commercial radio stations claiming interference with their
programming or reporting unlicensed broadcasting as a form of lawbreaking.
Given the number of stations that we have become aware
of which are, or have been, active in Canada over the years, it is fair
to surmise that regulators do not view pirate radio as a high priority
or more stations would have been shut down than has been the
case. However, if Industry Canada representatives should knock on
a radio pirate’s door, there are a number of options available. It has
been reported that these government enforcement agents typically ask
that the pirate cease and desist — in other words, to quit broadcasting.
If the station voluntarily complies, the Industry Canada personnel
assigned to the case will likely leave it with only a warning. If voluntary
compliance is not forthcoming, then steps may be taken to con-