ARCHIVED - Broadcasting Decision CRTC 2002-327

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Broadcasting Decision CRTC 2002-327

Ottawa, 21 October 2002

CHUM Limited
Wheatley and Windsor, Ontario

Application 2001-1325-9
Public Hearing in the National Capital Region
6 May 2002

Licence renewal for CHWI-TV Wheatley and its transmitter CHWI-TV-60 Windsor

1.

The Commission has considered the application by CHUM Limited (CHUM) for the renewal of the licence for the television programming undertaking CHWI-TV Wheatley and its transmitter CHWI-TV-60 Windsor.

2.

The Commission received 19 interventions with regard to this application, and all have been taken into account by the Commission in its deliberations. All but one of these interventions were in support of the licence renewal for CHWI-TV Wheatley. The exception was an intervention from the Mayor of Windsor, Michael Hurst, who made concerned comments regarding CHUM's contingent local programming commitments for CHWI-TV Wheatley. This intervention, and the other interventions received in connection with this application are discussed in Licence renewals for seven CHUM Limited television stations, Broadcasting Decision CRTC 2002-323, 21 October 2002 (Decision 2002-323) which introduces this and other decisions of today's date.

3.

Based on its examination of this application, the Commission is satisfied that a long-term renewal of the licence for CHWI-TV is justified, and renews the licence from 1 December 2002 to 31 August 20091. The licence will be subject to the conditions of licence set out below, as well as to others contained in Decision 2002-323.

Conditions of licence

1.a) The licensee shall broadcast, at a minimum, in each broadcast year, an average of eight hours per week of Canadian programs in the priority program categories between 7:00 p.m. and 11:00 p.m., from Monday to Sunday. As defined in Definitions for new types of priority programs; revisions to the definitions of television content categories; definitions of Canadian dramatic programs that will qualify for time credits towards priority programming requirements, Public Notice CRTC 1999-205, 23 December 1999 (Public Notice 1999-205), the priority program categories are:
Canadian drama programs; Canadian music and dance and variety programs; Canadian long-form documentaries; Canadian regionally-produced programs in all categories other than News and information and Sports; Canadian entertainment magazine programs.
b) For the purpose of fulfilling the above-noted condition, the licensee may claim the dramatic programming credit announced in Public Notice 1999-205, as it may be amended from time to time.
2. Beginning 1 December 2002, the licensee shall caption 90% of all programming during the broadcast day, including 100% of all category 1 - News programming.
3.a. Beginning 1 September 2004, the licensee shall broadcast between 7:00 p.m. and 11:00 p.m. an average of three hours per week of described video programming.
b. Beginning 1 September 2006, and for the remainder of the licence term, the licensee shall broadcast between 7:00 p.m.and 11:00 p.m. an average of four hours per week of described video programming.

In fulfilling this condition, all of the described video programming must be Canadian, and a minimum of 50% of the required hours must be original broadcasts. Further, the licensee may broadcast up to one hour per week of described children's programming at an appropriate children's viewing time.

4. The licensee is authorized to broadcast a maximum of 6.5% of the commercial availabilities on CHWI-TV Wheatley separately from those broadcast on CFPL-TV London, for each hour of original, station-produced programming broadcast exclusively on CHWI-TV each week.

Other matters

4.

The Commission expects the licensee to adhere to its commitment on behalf of CFPL-TV London, CHWI-TV Wheatley and CKNX-TV Wingham, to retire by the end of 2004, the outstanding benefits of $360,000 related to the new CHUM Program Production Fund which had been noted in Approval of applications by Baton Broadcasting Incorporated and certain of its subsidiaries, CHUM Limited, and CTV Television Network Ltd. for authority to transfer either the assets, or share equity representing effective control, of the CTV Television network, and of various English-language television and other programming undertakings across Canada, Decision CRTC 97-527, 28 August 1997. The Commission expects that the CHWI-TV portion of the outstanding benefits (15%) will be paid out at a rate of $27,000 annually in each of the first two years of the new licence term.

5.

The Commission expects the licensee, during each broadcast week, to broadcast a minimum of 7 hours of local programming. As set out in Decision 2002-323, the licensee may replace a maximum of one hour per week of local programming with regional programming, provided that the regional programming is drawn from a category other than news.

6.

The Commission also expects the licensee, through the CHUM New Program Development Fund, to continue to fund and develop local productions that reflect London, Windsor, Wingham and Southern Ontario.

7.

The Commission further expects the licensee to ensure that a minimum of 75% of the described video programming required under condition of licence 3 above, is priority programming.

8.

The Commission expects the licensee to continue to achieve closed captioning levels of 95% to 97% of news programming. The Commission also expects the licensee, by the time of the next licence renewal, to be captioning 100% of all news programming broadcast on CHWI-TV.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca
1 In Broadcasting Decision CRTC 2002-238, 22 August 2002, the Commission granted a three-month administrative renewal for CITY-TV, CFPL-TV, CHWI-TV, CKVR-TV, CHRO-TV, CKNX-TV, and CKVU-TV, from 1 September to 30 November 2002.

Date Modified: 2002-10-21

Date modified: