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Decision
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Ottawa, 27 September 1985
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Decision CRTC 85-924
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Mutual Broadcasting Canada Limited
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Quebec City, Quebec - 850163700
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At a Public Hearing in Quebec City on 18 June 1985, the Commission considered an application by Mutual Broadcasting Canada Limited for the renewal of the broadcasting licence for CHIK-FM Quebec City. The new Promise of Performance proposed that the station operate according to the Group I music format, as defined in Public Notice CRTC 1984-151 on the Review of Radio, which encompasses the current Easy Listening format. The new Promise of Performance also proposed a level of hits of 49% rather than the presently authorized 15% and a vocal/instrumental ratio of 85/15 rather than the presently authorized 35/65.
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An analysis of CHIK-FM's musical programming conducted by the Commission for the week of 21 to 27 January 1985 revealed a significant shortfall between the vocal/instrumental ratio at the time (56/44) and the ratio contained in the current Promise of Performance (35/65). This analysis also revealed that only 5% of Foreground programming was broadcast instead of the 20% required by the Commission, and that the level of French-language vocal music was only 60%, which is below the 65% requirement. These discrepancies indicated a change of music format from Easy Listening to MOR (Middle-of-the- Road).
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Self-analyses of CHIK-FM's programming, conducted by the licensee during the weeks of 21 to 27 January and 6 to 12 May 1985, confirmed the situation which the Commission had noted, revealing vocal/instrumental ratios of 57/43 and 60/40 respectively. In January the level of Foreground programming was only 6%, and in May, according to the licensee, it had increased to 19.5%. The levels of French-language vocal music fell short of the required 65% level, with results of 60% in January and of 57% in May.
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Based on its analysis of CHIK-FM's programming, and on the licensee's self-evaluation, the Commission notes that the station is not operating in compliance with its Promise of Performance, particularly with respect to the vocal/instrumental ratio, and the levels of French-language vocal music and Foreground programming. The Commission has, therefore, decided to renew the licence of CHIK-FM Quebec City for a one-year period only and, as it has done in previous non-compliance cases, and as long as this situation continues, it denies the proposed amendments to the Promise of Performance to increase the vocal/instrumental ratio from 35/65 to 85/15 and to increase the level of bits from 15% to 49%.
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The Commission therefore renews the broadcasting licence for CHIK-FM Quebec City from 1 October 1985 to 30 September 1986, subject to the conditions specified in the licence to be issued. The station will operate in accordance with the Group I music format.
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As noted in Decision CRTC 85-359 dated 22 May 1985, the Commission is "not prepared to render decisions on applications for amendments to FM licences until it has 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".
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The Commission will undertake further analyses of CHIK-FM Quebec City's programming to determine whether, as stated by the licensee at the hearing, the station is operating in compliance with its Promise of Performance. In particular, the Commission expects that the licensee will remain at all times within the parameters of its presently authorized Promise of Performance, particularly in terms of its Foreground programming and its music format. The Commission is not 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.
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The licensee requested a reduction in the amount of category 6 programming (Music-Traditional and Special Interest) from 8 hours to 5 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 less than 8 hours per week. Stations which initially undertook, and were authorized to broadcast less than 8 hours per week of Music-Traditional and Special Interest would be required to maintain their authorized levels as a minimum commitment. 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 the licensees in the scheduling and selection of category 6 music.
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The Commission considers that a departure from the policy is not warranted in this case. Accordingly, it denies the proposal to reduce the level of Music-Traditional and Special Interest (category 6) and, as previously discussed with the licensee in the course of the public hearing and as authorized in its present licence, requires the licensee to continue to broadcast a minimum of 8 hours per week of such programming.
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In terms of local talent development, the Commission has noted that the licensee intends to devote $40,740 to its "Talcan" project in the next year, of which $30,000 is be for air-time, $3,740 for promotion and $7,000 for financial support of the participants. The Commission encourages the licensee to pursue its efforts in this regard.
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The Commission notes the intervention submitted by CJMF-FM Ltée in opposition to this station's proposed changes in its Promise of Performance and its music format.
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Fernand Bélisle Secretary General
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