ARCHIVED - Public Notice CRTC 84-151

Public Notice

Ottawa, 18 June 1984

Public Notice CRTC 1984-151

The Review of Radio - Simplification of the FM Policy

Proposed Amendments to the Radio FM and AM Regulations

In Public Notice CRTC 1984-84 dated 5 April 1984, the Commission endorsed the recommendations of the Consultative Committee on Music and Radio and issued them for public comment. These recommendations dealt with popular music subcategory definitions, station format definitions based on popular music, Canadian content guidelines, the definition of a vocal selection and spoken word programming.

In response to the Notice, the Commission received 18 representations, most of which were in support of the committee's recommendations. One submission was received from the Government of Ontario, 14 from broad casters and their organizations, one from a broadcast consultant, one from Le Conseil populaire des communications de l'est du Québec and one from a broadcasting arts college.

The Commission now issues its decisions adopting the consultative committee's recommendations for the changes in the FM radio policy which are outlined in Appendix I (popular music subcategory definitions), - Appendix II (station formats), Appendix III (station group definitions and Canadian content guidelines). These changes, however, will only come into effect when the proposed amendments to the FM and AM regulations (Appendix IV) which are now issued for public comment in accordance with Statutory requirements come into force. Submissions should only address the proposed amendments outlined in Appendix IV and not on the concerns listed below in Sections 1 to 5 inclusive.

A number of representations raised other related concerns, which are dealt with by the Commission, as noted below:

1. Contemporary Country Music

A number of Country broadcasters have expressed concern about the Canadian content guideline for stations specializing in country music. They note that while there is sufficient Canadian traditional country music to meet the 30% guideline, a new style has emerged.

These broadcasters contend that there is not sufficient Canadian material to maintain a level of 30%, for this new style, called Urban or Contemporary Country, suggesting that 20% is a more appropriate level for this type of music.

The Commission is not prepared to change the guideline which resulted from the work of the committee in which both broadcasters and representatives of the recording industry actively participated.

However, as suggested by the committee, the Commission will undertake a study shortly of the availability of all types of Canadian country music. The results of this study will be made available to interested parties. Applications from broadcasters wishing to vary the guideline will subsequently be considered in light of this study.

2. Dance Music

Representations from two Montreal broadcasters, Radio Mutuel, the licensee of CKMF-FM, and Radio Futura, the licensee of CKOI-FM, indicated that the definitions of the popular music subcategories did not make reference to a current style of popular music - Dance music.

Radio Mutuel suggested that this music has more in common with soft rock and should be included in subcategory 51 (Pop and Rock-Softer), while Radio Futura noted that this music results from a fusion of rock, disco, and rhythm and blues, and therefore, should be classified as subcategory 52 (Pop and Rock-Harder).

The Commission acknowledges that this type of music shares characteristics of each of these types of music. The Dance music selections appearing on the Adult Contemporary charts will be classified as subcategory 51, and those on the AOR charts as subcategory 52. As well, dance music has developed its own charts which list selections that do not appear on the other charts.

The Commission is aware that both Group I and II stations may play some "Dance music". However, it will expect stations wishing to broadcast predominantly Dance music selections, to identify their stations in section D of the Promises of Performance as Group IV stations.

3. Regulation of Enrichment

In Public Notice CRTC 1984-84, the Commission stated that it no longer intended to use the Enrichment guidelines as a basis for assessing proposals or to impose them as conditions. It stressed, however, that the provision of high-quality Foreground and Mosaic programming is an integral part of the FM policy, and stated that licensees proposing minimal amounts of Enrichment would be expected to demonstrate how they could attain the required levels of Foreground and Mosaic programming. The Commission further indicated that, if at subsequent renewals, licensees were unable to attain the required levels, it may, after discussion with the licensees, impose conditions of licence requiring higher levels of Enrichment than those proposed by the licensee.

In its representation, the Canadian Association of Broadcasters indicated a concern that this paragraph of the Notice leaves some ambiguity as to the Commission's approach.

To clarify its position, the Commission states that, while the Enrichment guidelines will no longer be imposed as conditions of licence, it will continue to examine applicants' proposals to ensure that the required levels of Foreground and Mosaic programming can be achieved.

Therefore, licensees who have not proposed a sufficient amount of Enrichment to meet their specific Foreground and Mosaic commitments will be expected to demonstrate at a public hearing, how they intend to meet these commitments.

4. French-language Foreground

In Public Notice CRTC 1984-84, the Commission noted that French-language broadcasters on the committee had indicated that a number of factors, including a lack of pre-produced French-language foreground programs, placed an extra burden on French-language broadcasters. Two representations suggested that the Commission form a working group with broadcasters to study this problem.

The Commission intends to undertake a study of the particular circumstances affecting French-language broadcasters in the provision of Foreground programs. It will, therefore, soon contact French-language FM broadcasters and other interested parties with a view to setting up a working group, including program syndicators, artists and their associations.

5. Canadian content guidelines

A number of broadcasters have inquired whether licensees with commitments to Canadian content higher than the guidelines for their Group would be able to reduce their level to the guideline.

The Commission has adopted the consultative committee's recommendation that the Canadian content guidelines be neither raised nor lowered. Those licensees with higher Canadian content commitments made these commitments in knowledge of the Commission's practices with regard to Canadian content at the time, which were generally the same as those proposed. Therefore, the Commission will expect these licensees to respect their commitments.

6. Implementation

In Appendix IV to this Public Notice, the Commission proposes, for public comment, amendments to the FM Regulations that would update references to content category numbers and expand the definition of Foreground format to include "a public affairs magazine program" and remove the definitions of the Content categories and subcategories from the Regulations. In referring to general content categories and subcategories, the definitions contained in the Appendix to Public Notice CRTC 1983-43 and, in the case of popular music subcategories, the definitions in Appendix I to this Notice should be used. In addition, an amendment to the AM regulations that would allow additional instrumental selections composed by Canadians to qualify as Canadian is proposed.

Comments on the proposed amendments to the regulations outlined in Appendix IV should be sent to the Secretary General, C.R.T.C., Central Building, 1, Promenade du Portage, Hull (Quebec), K1A 0N2, not later than 30 July 1984.

The Commission wishes to emphasize that, until the amendments come into force, it will continue to hear applications based upon existing policies, guidelines and regulations. Once the Regulations have been amended, the Commission will use amended application forms and will assess applications for new licences and renewal or amendment of existing licences on the basis of the new content categories, station groups and amended regulations.

A number of other matters were raised for consideration by the Commission, including multilingual radio. In the Introductory Statement to Decisions CRTC 84-444 to 446 dated 24 May 1984 on multilingual specialty services, the Commission indicated that it intended to review its policies concerning multilingual broadcasting services. Radio will be included in this review. The Commission intends to issue a Public Notice in this regard in the near future.

Fernand Bélisle Secretary General

APPENDIX I

POPULAR MUSIC SUBCATEGORY DEFINITIONS

Subcategory 51: Pop and Rock - Softer

This subcategory includes music from the softer side of the pop and rock music spectrum and ranges from "easy listening" and "beautiful music" to "pop adult" and "soft rock", as well as other music forms generally characterized as MOR (Middle-of-the-Road), and musical selections listed in recognized trade publications as Adult Contemporary.

Subcategory 52: Pop and Rock - Harder

This subcategory includes music from the harder side of the pop and rock music spectrum and ranges from "rock and roll" and "rhythm and blues" to rock and hard rock as well as other music forms generally characterized by a rock beat, including musical selections listed in recognized trade publications as "AOR" (Album-Oriented Rock).

Subcategory 53: Country and Country-Oriented

This subcategory ranges from "country and western" and bluegrass to Nashville and country-pop styles and other music forms generally characterized as country, including musical selections listed in recognized trade publications as Country.

Subcategory 54: Folk-Oriented

This subcategory includes music in a folk style composed by the troubadours and chansonniers of our time, popular arrangements of authentic folksongs, and popularizations of folk idioms.

Subcategory 55: Jazz-Oriented

Music sung or played in a popular style by performers with a jazz background, including the work of the jazz influenced dance bands, "cocktail" jazz and jazz improvisation when presented against a popularized orchestral background, but not including jazz-rock falling under subcategory 52.

APPENDIX II

DEFINITIONS OF STATION FORMATS

Special FM Licence: Every licence to operate an FM station, other than a CBC FM licence, in which the number, duration or kind of commercial messages that may be broadcast is restricted by the conditions of the licence, other than those conditions that refer to the portion of the station's most recently approved application to the Commission entitled the Promise of Performance, is a Special FM licence. These shall be divided among the following classifications by Commission designation:

Educational: This station is controlled by an "independent corporation" as defined in the Direction to the CRTC issued as Order in Council P.C. 1972-1569, 13 July 1972 and broadcasts primarily educational programming of the type described in the Direction.

Institutional: This is a station, other than an educational station, which is owned or controlled by a on-profit organization associated with an institution of post-secondary education. This includes "student FM" radio stations.

Community Access: This station is owned or controlled by a non-profit organization whose structure provides for membership, management, operation, and programming primarily by members of the community at large.

Joint, Independent, and First radio service FM Licences:

Ethnic: Station authorized by the Commission to broadcast more programming than is normally permitted under Section 17 of the Radio (FM) Broadcasting Regulations, in languages other than English, French, Canadian Indian, or Eskimo.

Talk: As shown in Section B of the Promise of Performance, this station devotes not less than 50% of its weekly broadcast time between 6:00 AM and 12:00 midnight to matter from categories 1 through 4, and does not devote 30% or more to matter from category 1.

News: As shown in Section B of the Promise of Performance, this station devotes not less than 50% of its weekly broadcast time between 6:00 AM and 12:00 midnight to matter from categories 1 through 4, and devotes 30% or more to matter from category 1.

Classical-Fine Arts: As shown in Section B of the Promise of Performance, this station devotes less than 50% of its weekly broadcast time between 6:00 AM and 12:00 midnight to matter from categories 1 through 4; devotes more than 50% of its time in categories 5 and 6 to matter from category 6; and devotes 50% or more of its time in categories 5 and 6 to matter from sub-categories 61, 62, or 63 or any of these latter three in combination.

Jazz: As shown in Section B of the Promise of Perfomance, this station devotes less than 50% of its weekly broadcast time between 6:00 AM and 12:00 midnight to matter from categories 1 through 4; devotes more than 50% of its time in categories 5 and 6 to matter from category 6; and devotes more than 50% of its time in categories 5 and 6 to matter from sub-category 65.

Other-6: As shown in Section B of the Promise of Performance, this station devotes less than 50% of its weekly broadcast time between 6:00 AM to 12:00 midnight to matter from categories 1 through 4; devotes more than 50% of its time in categories 5 and 6 to matter from category 6; and does not fall within either the Classical-Fine Arts or Jazz definitions.

CATEGORY 5 BASED FORMATS

As shown in Section B of the Promise of Performance, these stations devote less than 50% of their weekly broadcast time between 6:00 AM and 12:00 midnight to matter from categories 1 through 4; devote more than 50% of their time in categories 5 and 6 to matter from category 5. For greater specifity these formats fall into the following four (4) groups:

Group I: Not less than 70% of all category 5 music falls in subcategory 51 (POP and Rock-Softer)

Group II: Not less than 70% of all category 5 music falls in subcategory 52 (POP and Rock-Harder)

Group III: Not less than 70% of all category 5 music falls in subcategory 53 (country and country-oriented)

Group IV: Stations which will make specific reference to the various subcategories of category 5 music as outlined in Section D of its Promise of Performance.

APPENDIX III

CANADIAN CONTENT GUIDELINES

Group I - at least 20% for stations whose vocal-to-instrumental ratio is greater than 1.

- at least 10% for stations whose vocal-to-instrumental ratio is less than 1.

Some stations, which would fall under Group I, are currently required to devote 15% of their music to Canadian content because of the nature of their music programming. These stations may continue at their current levels where justified by the special nature of their programming.

Group II - at least 20%

Group III - at least 30%

Group IV - on a case-by-case basis.

APPENDIX IV

PROPOSED AMENDMENTS TO RADIO (F.M.) BROADCASTING REGULATIONS

1.(1) The definitions "content category" and "content subcategory" in section 2 of the Radio (F.M.) Broadcasting Regulations are revoked and the following substituted therefor in alphabetical order within the section:

""content category" means a category of content of broadcast matter described in Notice CRTC 83-43 dated March 3, 1983; (catégorie de teneur)

"content subcategory" means a subcategory of content of broadcast matter described in Notice CRTC 83-43 dated March 3, 1983; (sous-catégorie de teneur)"

(2) The definition "number" in section 2 of the said Regulations is revoked.

2.(1) The definitions "foreground format", "gramophone format" and "rolling format" 1 in subsection 14(1) of the said Regulations are revoked and the following substituted therefor in alphabetical order within the subsection:

""foreground format", in respect of a time segment and subject to subsections (2), (3) and (6), means a format of presentation, other than gramophone format or rolling format, in which

(a) the matter broadcast is broadcast without interruption, the intrinsic intellectual content of the matter broadcast is entirely related to one theme or subject and the duration of the presentation is at least 15 minutes,

(b) a live or tape-delayed musical concert produced by the station is broadcast without interruption and the duration of the presentation is at least 15 minutes,

(c) a live or tape-delayed concert of a Canadian artist produced primarily for broadcast use is broadcast without interruption and the duration of the presentation is at least 15 minutes, or

(d) a public affairs magazine program is broadcast in which 60 per cent of the presentation is devoted to material from content category 3 and the duration of the presentation is at least 30 minutes; (formule premier plan)

"gramophone format", in respect of a time segment, means a format of presentation of broadcast matter in which one or more musical compositions are broadcast without interruption and without accompanying broadcast matter other than

(a) matter within content category number 1 or 2 if the interruption for the presentation of such matter occurs not more than once, and

(b) matter within content category number 7 or 8; (formule-phonographe)

"rolling format", in respect of a time segment, means a format of presentation of broadcast matter in which one or more musical compositions are broadcast without interruption and without accompanying broadcast matter other than

(a) matter within content category number 1 or 2 if the interruption for the presentation of such matter occurs more that once, and

    (b) matter within content category number 7 or 8; (Formule-continuité)"

(2) Subsection 14(3) of the said Regulations is revoked and the following substituted therefor:

  "(3) A time segment that consists only of a single unified artistic work from content category number 5 or 6 may be associated with the next preceding or following time segment in which the work commences or concludes for the purposes of calculating whether or not the segment is in a foreground format."

(3) Section 14 of the said Regulations is further amended by adding thereto the following subsection:

"(6) For the purpose of the definition "foreground format", a broadcast shall be deemed not to be interrupted if it is interrupted by

(a) matter within content category number 7 or 8; or

(b) matter within content subcategory number 24 if the matter

(i) is directly related to the theme or subject of the presentation,

(ii) is used in substitution for matter within content category number 8 in a network or syndicated program and provision is made for the use of matter within content category number 8, or

(iii) is used in substitution for matter within content category number 8 in a program prerecorded by the licensee where the duration of the matter broadcast within content category number 7 or 8 and content subcategory number 24 does not exceed three minutes per quarter hour block."

3. Section 17 of the said Regulations is revoked and the following substituted therefor:

"17. No holder of an FM licence shall, with a person who is not an employee of the licensee, enter into or renew a contract respecting the provision by that person for use by the FM station of pre-recorded matter intended primarily for broadcast unless

(a) the pre-recorded matter is solely within content category number 1, 7 or 8 or content subcategory number 24, 25 or 41;

(b) the time segments in which the pre-recorded matter is to be used are in a foreground format or mosaic format;

(c) the contract is an affiliation agreement filed with the Commission pursuant to section 24; or

(d) the pre-recorded matter is solely within content category number 5 or 6 and is by a Canadian as defined in section 12 of the Radio (A.M.) Broadcasting Regulations."

4. Section 21 of the said Regulations is revoked and the following substituted therefor:

"21.(1) For the purpose of these Regulations, broadcast matter is divided into content categories and content subcategories.

(2) Broadcast matter shall be classified only under the content category and content subcategory the description of which most obviously or clearly applies to it, and these shall be treated as mutually exclusive.

(3) Subject to subsection (4), an applicant to the Commission for the issuance, amendment or renewal of a licence shall, in his application, refer to any matter proposed to be broadcast by citing the content category in which the matter falls.

(4) Where matter proposed to be broadcast falls into content category number 5 or 6, the applicant shall, in his application, cite the content subcategory into which the matter falls."

5. Schedule II to the said Regulations is revoked.

PROPOSED AMENDMENTS TO RADIO (A.M.) BROADCASTING REGULATIONS

1.(1) Subsection 12(2) of the Radio (A.M.) Broadcasting Regulations is revoked and the following substituted therefor:

"(2) A musical composition shall be considered to be a Canadian composition if it

(a) fulfills two of the conditions set out in subsection (4);

(b) is performed on an instrument and the music was composed by a Canadian and the lyrics were written by a Canadian; or

(c) is a performance of an instrumental piece composed by a Canadian."

(2) Paragraph 12(4)(a) of the French version of the said Regulations is revoked and the following substituted therefor:

"(a) que la musique ou les paroles soient principalement exécutées par un Canadien;"