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Public Notice
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Ottawa, 5 April 1984
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Public Notice CRTC 1984-84
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The Consultative Committee on Music on FM Radio
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In Public Notice CRTC 1983-43 dated 3 March 1983 on the Review of Radio, the Commission outlined its general approach to the regulation of FM Radio stating that it intended to improve and simplify the implementation of the FM policy, so as to ensure greater flexibility while maintaining the objectives of the policy in particular "that FM radio programming plays a major role in the provision of a varied and comprehensive broadcasting service." The FM regulations and administrative practices were, therefore, simplified and up dated in several areas.
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In keeping with the Commission's objective for more streamlined and flexible procedures, and in response to submissions received from FM radio broadcasters, the Commission indicated that it would update the definitions of the popular music subcategories and station formats. However, before revising its criteria in these areas it considered it desirable to avail itself of the views and expertise of the radio broadcasting and recording industries, and formed a consultative committee for this purpose.
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The committee, chaired by Commissioner J.R. Robson, included nine representatives of the Canadian Association of Broadcasters from across Canada, representatives of L'Association canadienne de la radio et de la télévision de langue française Inc. and L'Association des radiodiffuseurs communautaires du Québec, and one independent broadcaster. Other participants included representatives of the Canadian Recording Industry Association, the Canadian Independent Record Production Association, L'Association du disque et de l'industrie du spectacle québécois, the publisher of a Canadian trade magazine and CRTC staff.
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The committee, which met on three occasions (19, 20 July, 13, 14 September, and 8, 9 November 1983) was asked to make recommendations in the following areas:
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1. the music subcategory definitions;
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2. the station format definitions;
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3. Canadian content requirements; and
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4. the definition of a vocal selection.
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The committee was subsequently authorized to add to its agenda a discussion of issues related to regulatory requirements with respect to spoken word programming.
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The Commission found this process of consultation to be most useful and has benefited from this experience. These meetings afforded all parties the opportunity for a thorough discussion of difficult issues, particularly those related to the classification of music on FM radio. The Commission has gained a better appreciation and understanding of the day-to-day problems of FM radio broadcasters, and of the complexities of the music industry.
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The Commission has adopted the recommendations submitted by the committee, and they are outlined below for public comment.
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1. Popular Music Subcategory Definitions
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It is proposed that definitions of subcategory 51 - General Popular, subcategory 52 - Rock and Rock-Oriented and sub category 53 - Country and Country- Oriented set out in the Appendix to Public Notice CRTC 1983-43 on the Review of Radio (the Appendix) be withdrawn and replaced by the following:
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Subcategory 51: Pop and Rock - Softer
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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.
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Subcategory 52: Pop and Rock - Harder
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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).
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Subcategory 53: Country and Country-Oriented
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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.
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All other subcategories would remain unchanged.
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While the Commission does not encourage its licensees to base their selection of music on charts, it recognizes that, in cases where music has characteristics of one or more musical styles, the listings in trade publications will allow for impartial categorization. Licensees are encouraged to continue to select the music played on their stations from a variety of sources, taking into account local tastes and availability of local and regional artists.
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The consultative committee concluded that the three listings mentioned in the definitions of subcategories 51, 52 and 53 (Adult Contemporary, AOR and Country), are the most appropriate. However, to ensure that the language used in the definitions remains in step with developments in the music field, the Commission will continue to consult with the broadcasting and music industries, whenever appropriate. Any proposed changes to music definitions as a result of such consultation, will be submitted for public comment.
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English-language licensees have access to a substantial number of trade publications for categorization of music, whereas French-language broadcasters do not have as large a selection. Therefore, it is expected that in categorizing French-language selections less use will be made of trade publications.
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2. Station format definitions based on popular music
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Since there are a large number of station formats that continually evolve in response to changing music styles, the Commission, when refering to the new categorization of stations proposes to use the term "station group", rather than "format". Each group covers a range of station sounds, and licensees would be permitted to adjust their music programming within the parameters of their group without having to apply for an amendment of licence. Each licensee would be required to identify in its Promise of Performance the group within which its station falls.
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For stations whose programming is based on popular music, that is, stations proposing in their Promise of Performance to devote less than 50% of their weekly broadcast time to Spoken Word material from categories 1 to 4, as defined in the Appendix and more than 50% of their music programming to material from category 5 - Music-General, the groups would be as defined below:
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Group I - stations that devote 70% or more of their programming from category 5 (Music-General; as defined in the Appendix) to material from subcategory 51 (Music, Pop and Rock - Softer).
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Group II - stations that devote 70% or more of their programming from category 5 (Music-General, as defined in the Appendix) to material from subcategory 52 (Music, Pop and Rock - Harder).
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Group III - stations that devote 70% or more of their programming from category 5 (Music-general; as defined in the Appendix) to material from subcategory 53 (Music, Country).
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Group IV - stations that outline specific musical programming plans with direct reference to sub-categories from category 5 (Music-General), as defined in the Appendix.
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Stations that devote more than 50% of their time to material from the Spoken Word categories 1 to 4 but that also devote some time to material from category 5 would indicate the general thrust of their popular music programming by referring to the category 5 music subcategories.
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Stations devoting more than 50% of their music to material from category 6 (Music-Traditional and Special Interest) but also proposing to broadcast some material from category 5 (Music - General), would be expected to outline their music plans with specific reference to the music subcategories in both categories 5 and 6.
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While the Commission proposes to use these group definitions to assess compliance with the general music programming proposed by stations, it recognizes that music is only one of the elements that differentiate stations. In analyzing programming proposals for new stations, as well as the programming of existing stations, the Commission intends to continue to take into account a variety of factors, particularly the target audience of the station, in determining whether a station provides a diverse and comprehensive programming service to the area it is licensed to serve.
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In addition, applicants and existing licensees are encouraged to describe more fully their musical and other plans in the Description of Programming which will be considered a guideline or indicator rather than a condition of licence. However, in some cases, especially in competitive licensing situations, after discussion at a public hearing the Commission may require that some specific commitments, made in the Description of Programming and considered as essential to the licence, be adhered to as conditions of licence.
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In analyzing the programming needs of each service area, the Commission will not necessarily require that there be stations in each of the four groups before licensing additional stations in one of the groups. Applicants for new licences, or for changes in station group, will be expected to demonstrate how their proposals respond to the specific programming needs of each of the communities they propose to serve and to show how their proposals contribute to diversity.
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3. Canadian Content Requirements
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Participants from both the broadcasting and recording industries indicated that, as a general rule, the Canadian content guidelines now in effect for FM are adequate and should neither be raised nor lowered.
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Therefore, the Commission proposes that Canadian content guidelines continue to vary according to station group, taking into consideration the amount of Canadian music available to each type of station. These guidelines are:
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Group I - at least 20% for stations whose vocal-to-instrumental ratio is greater than 1.
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- at least 10% for stations whose vocal-to-instrumental ratio is less than 1.
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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.
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Group II - at least 20%
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Group III - at least 30%
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Group IV - on a case-by-case basis.
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Stations may, of course, propose higher levels of Canadian content than the guidelines.
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4. Definition of a vocal selection
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The consultative committee recommended that the definition of "vocal" should be changed so that selections in which no verbal material other than a short phrase is used once or repeated several times will qualify as instrumentals.
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5. Spoken Word Programming
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In its 1975 FM Policy, the Commission called for programming on FM to be different in both content and form from that on AM. The Commission implemented a regulation requiring joint FM licensees to devote 20% of their broadcast time to programs in the Foreground Format; for independent FM Licensees the current requirement is 12%. In addition, joint licensees are now expected, by guideline, to devote 50% of their schedules to programs in the Foreground and Mosaic for mats; for independent licensees the guideline is 33%.
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In decisions issued during the initial phase of implementation of the FM Policy, the Commission indicated to licensees proposing a minimal amount of material from the "Enriched" Spoken Word categories that it would expect them to indicate how they were able to provide high quality Foreground and Mosaic programming with such low levels of Enrichment. In the second phase, the Commission found that those stations that reached the required levels provided certain amounts of enriched material. Consequently, the Commission introduced a guideline requiring joint FM licensees to devote from 9% to 12% of their content from the enrichment categories, the specific percentage depending on the resources of each licensee. For independents, the guideline was 6%.
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The consultative committee noted that FM licensees now have had enough experience with the provision of Foreground and Mosaic programming that the Enrichment guidelines are no longer necessary. The Commission stresses that the provision of high quality Foreground and Mosaic programming is an integral part of its FM policy. Licensees, therefore, will continue to be expected to comply with the Foreground regulations and the target levels for combined Foreground and Mosaic programming. However, the Commission would no longer use the Enrichment guidelines as a basis for assessing proposals or impose them as conditions of licence.
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New and existing licensees proposing minimal amounts of Enrichment, however, will be expected to demonstrate at a public hearing how they will attain the required levels of Foreground and Mosaic programming. If, at subsequent renewals, the Commission is not convinced that the licensees have been able to provide sufficient Foreground and mosaic programming of high quality, it may, after discussion with the licensees, impose conditions of licence requiring higher levels of Enrichment than those proposed by the licensees. These levels would be determined on a case-by-case basis and would not necessarily be the same as the current guidelines.
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Concerns were expressed during the consultative process on the lack of pre-produced French-language Foreground programs for use by French-language FM stations. It was suggested that the cost of producing all their Foreground programs has created a significant financial burden for these stations. The Commission intends to examine this matter further and will wish to benefit from the comments of all parties concerned.
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The Commission would like to thank all the members of the consultative committee who gave generously of their time and expertise. The success of these exchanges has convinced the Commission that consultation has a valuable role to play in complementing the public process.
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Comments in response to the proposals outlined in this notice should be addressed to Mr. J.G. Patenaude, Secretary General, CRTC, Ottawa, K1A 0N2, and should be received not later than 4 May 1984.
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J.G. Patenaude Secretary General
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