ARCHIVED -  Decision CRTC 85-359

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Decision

Ottawa, 22 May 1985
Decision CRTC 85-359
CFCF Inc.
Montreal, Quebec - 843228800
At a Public Hearing in Montreal on 25 March 1985, the Commission considered an application by CFCF Inc. for the renewal of the broadcastig licence for CFQR-FM Montreal. The new Promise of Performance submitted proposed a percentage of hits of 49 % rather than the presently authorized 15 %, and a vocal/instrumental ratio of 75:25 rather than 45:55.
An analysis of CFQR-FM's musical programming conducted by the Commission on 5 December 1984 revealed a significant shortfall between the vocal/instrumental ratio at the time (60:40) and the ratio contained in the current Promise of Performance (45:55), which gives the station a different musical format, MOR (Middle-of-the-Road) rather than Easy Listening.
A self-analysis of CFQR-FM's programming, conducted by the licensee during the entire week of 28 January to 3 February 1985 at the request of the Commission, confirmed the situation which the Commission had noted in December 1984, revealing a vocal/instrumental ratio of 57.9:42.1. At the hearing, the licensee did not deny these findings.
CJFM-FM Montreal submitted a written intervention with respect to this application to oppose the change in the station's musical format, implemented without authorization, and the proposed amendments to CFQR-FM's Promise of Performance.
The basic goal of the FM radio policy adopted by the Commission is to ensure that the overall FM services offered in a market are varied and comprehensive. It is therefore important that each licensee honour its Promise of Performance which is a condition of licence and contains commitments related to its orientation, target audience and musical format. Non-compliance affects the balance of services provided by other broadcasters and is contrary to the Commission's objective of ensuring that the public is provided with a varied and comprehensive FM service.
In recent public notices, including Public Notice CRTC 1984-22 entitled "A Review of Broadcasting Concerns in Windsor, Ontario", the Commission warned FM licensees "that it cannot undertake an adequate assessment of the situation ... unless, and until, broadcasting undertakings are operated in full compliance with their Promises of Performance, Commission policies and regulations." Moreover, when the Commission had reason to believe that licensees were deviating from the conditions of their licences (Public Notices CRTC 1983-14, 1984-43 and 1984-303), the Commission stated that it was not prepared to render decisions on applications for amendments to FM licences until it had made the required analyses to assess whether the licensees were operating in compliance with their Promises of Performance. The Commission considers that this practice ensures fairness to all broadcasters competing in the same market and is intended to safeguard the integrity of the licensing process.
Based on its analysis of the licensee's performance, the Commission cotes that the licensee is operating the station generally in compliance with its Promise of Performance, except for the vocal/instrumental ratio. The Commission, therefore, has decided to renew the licence for CFQR-FM for one year only and denies the proposed amendments to the Promise of Performance.
Therefore, the Commission renews the broadcasting licence for CFQR-FM from 1 October 1985 to 30 September 1986, subject to the conditions specified in the licence to be issued.
The Commission notes that the station will be operated in the "Group I" music format, defined in Public Notice CRTC 1984-151 on the Review of Radio, which encompasses its current Easy Listening format.
The Commission will undertake further analyses of CFQR-FM's programming to determine whether the station is operating in compliance with the conditions of its licence. In particular, the Commission expects the licensee to remain within the parameters of its authorized musical format, and it will not be prepared to consider amendments to the licence until subsequent analyses show that the station is operating in compliance with its Promise of Performance. The Commission will send a copy of the results of its analyses to the licensee, and, in the context of its next licence renewal, the licensee will have the opportunity to submit its comments thereon.
Fernand Bélisle Secretary General

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