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Ottawa, 25 August 1993
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Decision CRTC 93-510
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Sun Radio Limited
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Halifax, Nova Scotia - 930184700 - 930485800
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Licence amendments for CIEZ-FM
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In Public Notice CRTC 1993-72 dated 31 May 1993, the Commission announced the receipt of applications by Sun Radio Limited (Sun Radio) to amend the broadcasting licence for CIEZ-FM Halifax, as follows:
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- by decreasing the level of instrumental musical selections;
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- by deleting Promise of Performance requirements with respect to minimum levels of News and Spoken Word and the maximum amount of advertising; and
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- by converting annual direct expenditures for Canadian talent development to indirect expenditures.
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The applications noted above are approved in part.
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With respect to the reduction of instrumental music, the Commission approves the application to amend the Promise of Performance for CIEZ-FM, by reducing the level of instrumental musical selections from at least 50% to at least 35% of all musical selections played each week.
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In Public Notice CRTC 1992-72 entitled "A Review of the CRTC's Regulations and Policies for Radio" dated 2 November 1992, the Commission adopted a policy whereby instrumental selections on Easy Listening stations (those with instrumental levels of 35% or more) must be reasonably distributed throughout the broadcast day and week. The Commission encourages the licensee to schedule its instrumental selections in a reasonable fashion, in accordance with that policy.
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As stated in Public Notice CRTC 1990-111 entitled "An FM Policy for the Nineties", an FM licensee with a commitment to a level of instrumental selections of 35% or greater may receive Commission approval, by condition of licence, for a variation of the regulation respecting Canadian content. This regulation requires all FM licensees, during each broadcast week, to devote at least 30% of the musical selections in content category 2 to Canadian selections.
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In accordance with the aforementioned policy, the Commission requires, by condition of licence, that the licensee, during each broadcast week where the number of instrumental musical selections amounts to 50% or more of all musical selections, devote 15% or more of the musical selections from content category 2 to Canadian selections and schedule those selections in a reasonable manner throughout each broadcast day; and that the licensee, during each broadcast week where the number of instrumental musical selections amounts to at least 35%, but less than 50% of all musical selections, devote 20% or more of the musical selections from content category 2 to Canadian selections and schedule those selections in a reasonable manner throughout each broadcast day.
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The Commission notes the interventions submitted in opposition to this application by Halifax residents Marie Smith, Robert Cooke, Jane Jeffrey and Matthew and Amy Mills. The interveners expressed concern primarily related to the musical programming to be broadcast on CIEZ-FM. The Commission notes the licensee's responses to the concerns raised, and the licensee's stated intention to remain an Easy Listening station with an instrumental level of at least 35%, enabling Sun Radio "to continue to serve older listeners in the metro Halifax area, while providing a broad service to all adult listeners attracted to easy listening vocal selections".
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The Commission also acknowledges the intervention in support of this application, submitted by Charlie Morshead of Halifax.
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In Public Notice CRTC 1993-38 dated 19 April 1993, the Commission announced the elimination of all policy requirements respecting levels of news and spoken word for commercial FM stations, and licensees of such stations were invited to apply to delete news and spoken word commitments from their Promises of Performance. In light of the foregoing, the Commission approves the application by Sun Radio to amend the broadcasting licence for CIEZ-FM by deleting the Promise of Performance commitments respecting minimum levels of news and spoken word programming.
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Similarly, in Public Notice CRTC 1993-38, the Commission announced that it would no longer impose limits on the amount of advertising broadcast by commercial FM stations, and that licensees of such stations could apply to delete such commitments from their Promises of Performance. Accordingly, the Commission approves the application to delete the Promise of Performance commitment regarding the maximum amount of advertising on CIEZ-FM.
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As a part of these applications, the licensee also sought approval for the conversion of annual direct expenditures for Canadian talent development to indirect expenditures, until the station becomes more profitable. In support of this request, Sun Radio stated that, as a stand-alone operation with financial losses greater than anticipated, CIEZ-FM's continuing annual commitment of $17,500 in direct expenditures would exacerbate the station's poor financial situation.
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The Commission has carefully considered the above-noted request, and is of the opinion that the reduction of instrumental music approved herein may assist the licensee to increase the revenues, and hence improve the financial situation of CIEZ-FM. The Commission further considers that commitments to Canadian talent development made in the context of a competitive hearing should be maintained throughout the first term of licence. It also reminds the licensee that, at the time CIEZ-FM was originally licensed (Decision CRTC 90-216), the Commission noted the licensee's "access to additional sources of funding sufficient to ensure that all of its programming and other commitments are respected should advertising revenues fall short of projections". The request to convert the annual direct commitments to indirect commitments is therefore denied.
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Allan J. Darling
Secretary General
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