Pachul ‘stands mute’ in low-key CRTC hearing on Star Ray’s illegal broadcasting

Jan Pachul had promised a media circus at the CRTC hearing on Sept. 19 in Hull PQ looking into his illegal broadcasting activities. But what actually transpired was quite different – a subdued, quiet process in an almost empty hearing room in which the pirate broadcaster responded simply, "I stand mute" to many of the questions posed by CRTC legal counsel. Pachul was called before the commission to determine whether a mandatory cease and desist order should be issued against him for operating a TV station without a licence in Toronto since last September (CCR, Aug. 15/01). CRTC legal counsel William Howard asked Pachul if he disputed facts on file that he was indeed carrying on a broadcasting undertaking in Toronto. "I stand mute," he replied, as he did when asked if he had received more than two experimental broadcasting licences from Industry Canada, or at what power and level his station, Star Ray TV, was broadcasting. Pachul told CCR after the hearing that many of the Star Ray TV supporters who intended to come to Ottawa to protest opted out after the Sept. 11 terrorist attacks on the World Trade Centre and the Pentagon. "After what happened last week, it just slowed everything down," he said. "There were people who were going to come down today, but they decided not to. But we’ve got a big protest coming up on Oct. 19 at the Media Democracy Centre in Toronto." One of two supporters who did show up in support of Pachul told CCR that the "room would have been full if the hearing was held in Toronto." David Bachner booked a day off work and rode a bus all night to appear at the hearing to come out to stress the importance of "public access media." Pachul also used the occasion to question the commission’s refusal to grant Star Ray a TV licence. "You know like the question I have: ‘Whose airwaves are the Canadian airwaves?’ Are they just a handful of industry insiders that are allowed to engage in broadcasting activities? Or is the public actually somehow in that equation? It doesn’t appear to be so," he said at the hearing. He added, "I have tried to legalize this operation for years and years and years, and all I’ve been getting is stonewalled…So what’s with all these procedural gymnastics?" Pachul has tried some procedural gymnastics of his own, filing an application with the Federal Court of Appeal requesting a stay in the CRTC hearing. Pachul claims the CRTC has failed to disclose some documents, such as the staff recommendation to commissioners regarding Star Ray’s failed bid for a licence. He also alleges that "two industry heavyweights clearly submit their intervention two days passed the deadline and they accepted. "You know like all the views in the media just have to be filtered through maybe five corporations. Nobody else has the ability to speak out and broadcast. You know like I don’t really know how the CRTC represents democracy," Pachul proclaimed at the hearing.CRTC acting chair David Colville wrapped up the hearing by asking Pachul what steps he would be prepared to take to operate Star Ray within the confines of the Broadcasting Act. Pachul remained defiant, responding, "I don’t really know how it’s possible if you’re not accepting any applications for low-power television operations right now, because you are ‘studying the matter’. " The CRTC is expected to release a policy framework for the licensing of low-powered television stations sometime this fall, but it isn’t expected to be in a position to accept applications this year.

Pachul ‘stands mute’ in low-key CRTC hearing on Star Ray’s illegal broadcasting

Broadcast | September 27, 2001

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