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Decision
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Ottawa, 28 September 1984
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Decision CRTC 84-844
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Mutual Broadcasting Canada Limited
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Montreal, Quebec - 832931000
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In a Notice of Public Hearing dated 16 May 1984, the Commission announced that, at the 4 July 1984 public hearing in Quebec City, it would consider an application for the renewal of the broadcasting licence of CKMF-FM Montreal and the amendment of its Promise of Performance. After indicating that recent CRTC analyses of CKMF-FM's programming revealed shortfalls, particularly with respect to musical content and French-language vocal music, the Commission stated:
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At the hearing the Commission expects the licensee to explain the state of compliance of CKMF-FM with its existing promise of performance as well as the steps it intends to take in order to ensure compliance. The licensee will also be required to provide good reasons as to why its licence should be renewed.
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The Commission also invited Radio Futura Ltée, licensee of CKVL and CKOI-FM Verdun, to attend the hearing in view of its complaints alleging that CKMF-FM was broadcasting in the Progressive format, while the format authorized by the Commission is Contemporary MOR; that its foreground programming was well under the 20% required by the Commission; that the licensee was not meeting its minimum 65% French-vocal music requirement; and that the station made considerable use of the English language in its programs and interviews.
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The Commission previously renewed the licence of CKMF-FM for a period of thirty months and stated that despite certain improvements made by the licensee, there were still some deficiencies, relating in particular to the station's musical format and its foreground programming (CRTC Decision 82-586). The four analyses of CKMF-FM's programming conducted by the Commission during 1983-1984 again revealed deficiencies in these two areas.
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With regard to musical content, the Commission's analyses indicated that most of the musical selections played by the station, including several selections entitled "dance music", fall within subcategory 65 (rock-oriented) rather than subcategory 61 (general popular), and that its musical format was more Progressive than Contemporary MOR. The licensee replied at the hearing that 70% to 75% of its musical programming consisted of "dance music," which is different from rock-oriented and falls within subcategory 61.
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The Commission agrees that there has been some ambiguity with respect to the classification of "dance music" in its current definitions of the subcategories of popular music. Accordingly, in CRTC Public Notice 1984-151 dated 18 June 1984, the Commission acknowledged the differences of opinion between the licensee and Radio Futura as they relate to the definition of "dance music". In the same public notice the Commission also acknowledged that this type of music could fall within more than one musical subcategory. Although its analyses reveal a significant departure by the licensee from its authorized musical format, given the ambiguity associated with the category definitions and the statements made at the hearing, the Commission cannot conclude that the licensee intentionally contravened its terms and conditions of licence. However, the Commission expects the licensee to comply fully with its Promise of Performance and with the existing musical category definitions.
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In addition, the Commission notes that there is a significant overlap in the selections being broadcast by CKMF-FM and CKOI-FM but considers that there is nevertheless considerable musical diversity in the Montreal market.
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With regard to foreground programming, the licensee's unsatisfactory performance in this area has persisted for a number of years. The most recent analyses conducted by the Commission in April and September 1983 showed a slight increase from 13% to 14.8%, but this is still well under the 20% requirement. The licensee stated at the hearing, "CKMF has fully remedied its inability to produce foreground programming." It specifically mentioned measures taken, and control mechanisms established, to ensure its compliance and stated that it was now broadcasting approximately 26 hours of foreground programming per week, which amounts to slightly more than 20%. The Commission expects the licensee to comply fully with its commitments regarding foreground programming during the next licence term and, in view of the considerable resources at its disposal, to assign sufficient staff for the production of foreground programming.
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With respect to French-language vocal music, the Commission's analyses indicated that this had varied from 48% to 62% over the past two years. In the current application, the licensee proposed a reduction in its French-languge vocal music from 65% to 55% and an increase in English-language vocal music from 32% to 42%. It also proposed reductions in news and jazz-oriented music (subcategory 68) and the elimination of Traditional and Special Interest music (category 7).
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The Commission approves the proposed decrease in news (category 0) from 4 hours and 40 minutes to 3 hours and 15 minutes per week. The Commission notes that the licensee will broadcast five daily news bulletins from Monday to Friday and six on Saturday and Sunday. In addition, the weekly broadcast of 55 newsflashes, 55% of which will be of local content, will provide for a satisfactory distribution of news throughout CKMF-FM's regular programming.
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The Commission is not prepared, however, to authorize the other aforementioned amendments proposed by the licensee in view of its continuing problems regarding compliance with its Promise of Performance and the commitments mentioned in Decision CRTC 82-586.
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The Commission therefore denies the proposals to reduce the French-language vocal music from 65% to 55%, to increase the English-language vocal music from 32% to 42%, to reduce the jazz-oriented music (subcategory 68) from 5 hours to 1 hour per week and to eliminate Traditional and Special Interest music (category 7).
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The Commission notes that CKMF-FM now has a new management team comprised of experienced broadcasters who reiterated at the hearing their intention to adhere to the policies and regulations of the Commission. The following statement reflects the steps being taken to meet this commitment:
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[TRANSLATION] We are maintaining an average minimum of 20% Canadian content. We have reinstated a program of traditional classic music as well as a considerable number of jazz selections. We have substantially increased the number of instrumental selections in order to comply with our current Promise of Performance. Finally, ...we have maintained our high level of performance in terms of foreground programming, even surpassing the minimum objectives of the Commission.
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The Commission has taken note of the licensee's assurances and will closely monitor its performance to ensure that it meets all of its commitments.
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The Commission also notes the licensee's explanations regarding the use of the English-language on CKMF-FM. The licensee stated that during special programs, interviews were conducted in English and French-language with English-speaking artists and that it was not CKMF's policy to broadcast in English.
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The Commission wishes to emphasize the considerable efforts made by the licensee in promoting and encouraging Canadian talent through its "Opération Talcan." The licensee plans to allocate an annual budget of $250,000, including $15,000 in direct expenses, to the broadcast of a weekly one-hour program, promotional campaigns, and the organization of an annual "Mérite Talcan" evening. The Commission encourages the licensee to continue its efforts in this regard.
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In view of the above, the Commission announces that it renews the broadcasting licence of CKMF-FM Montreal from 1 October 1984 to 30 September 1985. The licence will be subject to the conditions of licence specified in the licence to be issued. This period will enable the Commission to consider the renewal of this licence as well that of other FM stations in the region in the context of its recently proposed amendments to the FM Policy and the Radio (FM) Broadcasting Regulations (CRTC Public Notice 1984-151).
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In addition to the intervention presented at the hearing by Radio Futura Ltée, the Commission acknowledges the written interventions submitted with respect to this application by RCA Inc., Spectrum of Montreal, Unidisc and MCA Records (Canada), in order to clarify CKMF-FM's contribution to the development of "dance music".
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Fernand Bélisle Secretary General
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