ARCHIVED -  Decision CRTC 85-516

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Decision

Ottawa, 5 July 1985
Decision CRTC 85-516
H.F. Dougall Company Limited
Thunder Bay, Ontario - 850133000
Following a Public Hearing in Hull, Quebec on 30 April 1985, the Commission renews the broadcasting licence for CJSD-FM Thunder Bay from 1 October 1985 to 30 September 1987, subject to the conditions of licence specified in this decision and in the licence to be issued. This two-year term should provide the licensee with sufficient time to respond to the concerns discussed at the hearing with respect to compliance with its Promise of Performance and to demonstrate to the Commission whether the requirements set out in this decision have been adequately met.
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 MOR format.
When the Commission conducted an analysis of CJSD-FM's programming, it determined that the level of the licensee's programming broadcast in the Foreground format, and the combined Foreground-Mosaic format total, were considerably below the respective levels of 20% and 50% per week required in its Promise of Performance as a joint licensee.
A further analysis by the Commission indicated that the licensee had achieved a level of 12.4% for Foreground, with a combined level of only 25.6% for Foreground and Mosaic; that the number of musical selections which qualified as "hits" was 56%, whereas the licensee was required to adhere to a level below 50%; and that CJSD-FM was being operated in a Contemporary MOR format rather than the authorized MOR format. A review of the licensee's station logs for the week of 13 to 19 January 1983 also showed that less than 8 hours of category 6 (Music - Traditional and Special Interest) programming was broadcast, despite a commitment of 9 hours 30 minutes.
At the hearing, the licensee stated that these shortfalls were due to differences of interpretation between the licensee and the Commission with respect to definitions in the FM policy and regulations. The licensee has since consulted with Commission staff on several occasions concerning these problem areas, and considers that the station is now operated in compliance with its Promise of Performance.
With respect to Foreground and Mosaic programming, the licensee stated that it has now implemented a mechanism whereby the station's programming is monitored to ensure that its commitments are met every week. The licensee assured the Commission that its commitment of 20% of all programming in the Foreground format, with a combined total of 50% for Foreground and Mosaic, would be met at all times and that sufficient enrichment material would be included to ensure that the status of its Foreground programs is not in question. Moreover, the licensee stated that "we are evenly distributing our Foreground programming through the seven days."
The Commission also requested a reduction in the amount of category 6 programming from 9 hours 30 minutes to 4 hours per week. In its Policy statement on the Review of Radio in March 1983 and in a number of subsequent decisions, the Commission reaffirmed that FM stations authorized to broadcast Music - Traditional and Special Interest would generally not be permitted to reduce this programming to a level of less than 8 hours per week. In doing so, the Commission emphasized the importance of providing an adequate level of specialized music in order to ensure that varied and comprehensive listening fare is available in that market. At the same time, it offered greater flexibility to FM licensees in the scheduling and selection of category 6 music.
The Commission recognizes that certain types of traditional and special interest music are not compatible with some forms of popular music and reminds the licensee that it has the freedom to choose the type of category 6 music which is most compatible with its music format. The licensee also has the choice of Presenting these musical selections in identifiable blocks of programming, or interspersed with other selections.
The Commission considers that a departure from the policy is not warranted in this case. Accordingly, the licensee's proposal to reduce the amount of Traditional and Special Interest music (category 6) from 9 hours 30 minutes to 4 hours per week is approved in part. The Commission approves a reduction of music from this category to 8 hours per week.
With regard to the level of hits, the licensee stated that its current level is approximately 43% and that, in accordance with the FM policy, a level of 49% would not be exceeded in the future.
In view of the licensee's assurances that the shortfalls found in the programming of CJSD-FM have been corrected, the Commission has renewed this licence for two years, during which time the Commission will undertake a further analysis of CJSD-FM's programming to determine whether and to what extent the station is operating in compliance with its Promise of Performance. Copies of the results of this analysis will be sent to the licensee for its contents.
The Commission does acknowledge the licensee's efforts in support of local talent, in particular its contribution towards the establishment of a band shell in Thunder Bay, a new community auditorium and to the local theatre. The licensee indicated that "local people are involved in our shows all the time", including performers from neighbouring communities of Thunder Bay such as Schreider, Terrace Bay, Geraldton and Sioux Lookout. The Commission also acknowledges the licensee's commitment to record local concerts and broadcast them on the station as a means of promoting local artists, and it encourages the licensee to undertake such activities as often as possible.
Fernand Bélisle Secretary General

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