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Public Notice
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Ottawa, 10 October 1984
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Public Notice CRTC 1984-249
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Amendments to the Radio (F.M.) Broadcasting Regulations and the Radio (A.M.) Broadcasting Regulations - FM Renewal Applications
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In Public Notice CRTC 1984-151 dated 18 June 1984, the Commission, among other matters, issued for public comment proposed amendments to the Radio (F.M.) Broadcasting Regulations (FM Regulations) and the Radio (A.M.) Broadcasting Regulations (AM Regulations) to expand the definition of Canadian content music and reflect changes in the content categories and subcategories. In addition, the Commission proposed that the definition of "foreground format" be expanded to allow public affairs magazine programs, live concerts produced by the station, and live concerts of Canadian artists to qualify as foreground programs.
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In response to the Notice, the Commission received nine submissions from broadcasters and their representatives as well as from program syndicators, recommending that the definitions be expanded further to allow additional types of magazine programs and all live concerts to qualify.
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The Commission has taken into consideration the submissions received and now announces the amendments to the AM and FM Regulations, which came into force on 30 August 1984, and were published in the Canada Gazette on 19 September 1984 (SOR/84-703 and 704) (see Appendix).
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The changes made in response to the comments received are highlighted below:
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1. Live Concerts
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The proposed amendments permitted live concerts produced by the station and live concerts of Canadian artists to be included as foreground. A number of interveners indicated that, while broadcasters in major markets would be able to produce these live concert programs, other broadcasters in smaller markets would have difficulty either to produce such programs or to purchase programs that would qualify as foreground. In order to ensure that all FM licensees have access to such foreground programs, and to encourage the production of live concert broadcasts by independent producers, the Commission has modified Paragraph 14 (1)(b) of the FM Regulations to read:
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"(b) a live or tape-delayed musical concert produced by a Canadian primarily for broadcast use is broadcast without interruption and the duration of the presentation is at least 15 minutes." (change underlined)
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2. Magazine Programs
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The proposed amendments allowed public affairs magazine programs of at least 30 minutes duration, in which 60 per cent of the presentation is devoted to material from content category 3 - Enrichment, to qualify as foreground.
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A number of interveners suggested that other types of spoken word magazine programs such as comedy, science or arts programs should also be included, even where a theme is not readily identifiable. The Commission agrees with this suggestion but does not consider it appropriate that such programs be interrupted by unrelated surveillance material. The inclusion of surveillance in public affairs programs, however, is in keeping with their nature.
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The Commission has, therefore, modified the definition for foreground program by adding a paragraph to subsection 14 (1) to read:
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(e) a magazine program in which 60 per cent of the presentation is devoted to material from content category number 3 is broadcast without interruption and the duration of the presentation is at least 30 minutes.
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It should be noted that a "presentation" includes all material broadcast, including music and commercial content.
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FM Renewals
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a) Compliance: The licences of the majority of Canada's FM stations expire in September 1985. The Commission will be hearing applications to renew them during the next year.
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In reviewing the licensees' performances in implementing their Promises of Performance, the Commission will continue to examine the same areas that it has in the past, with the exception of the levels for material from the old content categories 2, 3A, 4 and 5, now known as Category 3 - Enrichment.
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As indicated by the Commission in Public Notice CRTC 1984-151, "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."
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In the same Notice, the Commission adopted new music subcategory definitions and station definitions. FM licensees are required to comply substantially with the commitments in their authorized Promises of Performance which currently use the old definitions. Until new Promises of Performance using the changed definitions are authorized, the Commission will continue to assess a licensee's performance in relation to its commitments using the categories in its authorized Promise of Performance.
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b) Substantial Change to Promise of Performance
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In examining applications for the renewal of FM licences, the Commission will generally consider as major amendments to a Promise of Performance, and gazette for public comment, proposals that result in:
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- an increase or decrease of the vocal-to-instrumental ratio across the 50% mark (50% vocal or less, as opposed to more than 50% vocal);
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- a decrease in the amount of Category - News greater than
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- a decrease in the total amount of Spoken Word programming greater than 20%;
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- a decrease in the amount of Category 6 - Music-Traditional and Special Interest;
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- the elimination of any condition of licence;
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- any proposal which is contrary policy;
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- a change in station group or format.
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The Commission notes, however, that its assessment of what constitutes a major amendment to a Promise of Performance will not necessarily be limited to the general areas specified above.
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In Public Notice CRTC 1984-151, the Commission announced its adoption of a new station group system. In order to assess any changes in this area, the Commission will consider that the new Group I includes the Easy Listening, Traditional MOR (Middle-of-the Road), and MOR formats; Group II, the Progressive format; Group III, the Country format; and Group IV, Other 6 (any popular music-based FM format other than those specified above).
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While it is expected that most stations currently classified as Contemporary MOR will be included in Group I, some may fall into other groups depending on the distribution of the popular music subcategories in their existing Promises of Performance.
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The Commission will shortly publish new application forms reflecting the changes in the regulation of FM radio. These forms will be mailed to all FM licensees and will be available at the Commission's main and regional offices in the near future.
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Fernand Bélisle Secretary General
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