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Decision
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Ottawa, 5 August 1987
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Decision CRTC 87-593
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CHUM Limited
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Toronto, Ontario - 870276300
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At a Public Hearing in Toronto on 28 April 1987, the Commission considered an application by CHUM Limited (CHUM) to renew the broadcasting licence for CHUM-FM Toronto, expiring 30 September 1987. The application proposed that the station be operated within the Group IV music format which, the licensee contended, encompasses its currently authorized Progressive format. The Commission also considered the licensee's proposals for changes to the station's Promise of Performance, most notably a reduction from 18 hours 57 minutes to 13 hours 19 minutes in the weekly level of spoken word programming.
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In order to assess the licensee's compliance with its current Promise of Performance, the Commission analysed the programming broadcast by CHUM-FM on 5 March and 19 November 1986. Both analyses revealed non compliance in relation to foreground programming and the level of hit material broadcast by the station.
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In both analyses of the foreground programming, a randomly selected, single day in mid-week was examined, indicating foreground levels of 9.8% and 7.3% respectively, as opposed to the required level of 15%. However, the licensee's logs of the material broadcast over the full broadcast week in each case revealed that CHUM-FM's performance was in substantial compliance with the level of foreground programming to which it was committed in its Promise of Performance. The discrepancy between the Commission's and the licensee's calculations is attributable to the station's logging of the two-hour Monday to Thursday program "Lights Out" as foreground material, which, according to Commission analysis, did not qualify. Subsequent discussions between Commission staff and the licensee, however, resulted in adjustments to the program which resolved these difficulties.
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With respect to the amount of hit material broadcast by the station, the Commission's 5 March and 19 November analyses showed a level of hits greater than 50%. The licensee's self-assessments for these days indicated hit levels of 54% and 48.2% respectively (or a level of 48.7% for the week of 17 to 23 November 1986), indicating that it had made an adjustment to correct the discrepancy. At the hearing, the licensee noted that it calculates the level of hits on the basis of the industry trade charts in its possession on the day it prepares the playlists and that, unlike other FM stations, it does not make allowances for recordings which may have moved into the Top 40 section of the charts by the time the musical selections are actually broadcast. The Commission reminds the licensee that this method of calculation was previously discussed in the context of the licence renewal of CHUM's Peterborough station, CKQM-FM (Decision CRTC 85-921 dated 27 September 1985) and was found to be unsatisfactory.
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The Commission reiterates that it fully expects CHUM-FM and all other FM licensees to obtain the necessary information to ensure that the daily level of "hits" remains consistently below 50% of all musical selections broadcast, in accordance with the commitments made in their Promises of Performance and the Commission's F.M. policy. The Commission notes that the issues of a number of trade magazines including RPM, The Record and Billboard, are available to the industry in advance of the official publication date. In this regard, the Commission reminds the licensee that the level of hit material as committed to in the Promise of Performance is a condition of licence which must be respected, and that compliance in this area is one of several considerations the Commission examines at licence renewal.
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Because the Commission has received the assurance of the licensee, supported by evidence in subsequent analyses, that the shortfalls in foreground programming occasioned by the original approach to the "Lights Out" program have been corrected, and in view of the licensee's efforts on behalf of Canadian talent development and its involvement in the community which are discussed later in this decision, the Commission has determined that a full-term renewal of this licence is warranted. Accordingly, the Commission renews the broadcasting licence of CHUM Limited for CHUM-FM Toronto from 1 October 1987 to 31 August 1990, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to consider the renewal of this licence at the same time as that of other FM stations in the region.
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Following a thorough examination of CHUM-FM's playlists and of the evidence provided by the licensee both in its application and at the hearing, the Commission agrees that while technically the proposal to operate the station within the Group IV music format pursuant to the Radio Regulations, 1986 (the regulations) constitutes a format change, in actual fact there will be no change in the musical sound of the station. In this respect, the licensee stated at the hearing:
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Under your new terminology, CHUM-FM's [music] format can only be described as Group IV. First and foremost CHUM-FM is a rock station. Our music is a blend of subcategories 51 and 52.
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Our playlist of recordings is drawn from the centre of the contemporary pop and rock universe with a large flavouring of black, urban, new age and jazz... We are Toronto's top-ranked station in that [23-41] age group... We have no intention of changing formats or abandoning this loyal audience.
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CHUM-FM indicated that it proposes to provide a "fairly equal split" between subcategories 51 (Pop and Rock-Softer) and 52 (Pop and Rock-Harder) and has requested a 10% "cushion" between these subcategories to give it a measure of programming flexibility. It emphasized that it does not intend to draw more than 60% of the music it broadcasts from either of the aforementioned subcategories and thus cannot be classified as a Group I (Pop and Rock-Softer) or Group II (Pop and Rock-Harder) station, each of which by definition must devote not less than 70% of category 5 music to the appropriate primary subcategory.
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Having considered the views put forward by CHUM-FM, the Commission approves the licensee's proposal to operate the station in the Group IV format and its proposal to divide its category 5 (Music General) music equally between subcategories 51 and 52; nevertheless, it has determined to allow a margin of no more than 5%. Further, as proposed by the licensee in its Promise of Performance, the Commission approves a level of 20% Canadian content for category 5 musical selections.
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The Commission also approves the proposed reduction in the amount of spoken word programming from 18 hours 57 minutes to 13 hours 19 minutes per week, noting that this reduction is primarily attributable to the removal of weekend repeats of the station's "In Toronto" program and its Sunday evening comedy program. The Commission notes, however, that the proposed Promise of Performance indicates only a minimum commitment to enrichment material. In this regard, as reiterated in Public Notice CRTC 1984-151 entitled "The Review of Radio - Simplification of the FM Policy", the provision of high quality foreground and mosaic programming is an integral part of the FM policy and the Commission will wish to be satisfied that the required levels of foreground and mosaic programming set out in each licensee's Promise of Performance are maintained at all times and that the foreground programming is evenly distributed throughout the broadcast week.
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The Commission congratulates CHUM-FM for its highly acclaimed foreground documentary program, "Walking In The Rain", which dealt with the subject of teenage suicide. It notes that the station has made this program available to numerous school groups and for broadcast in other markets.
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The Commission approves the licensee's proposals to broadcast a minimum weekly level of 17.3% foreground and 50% combined foreground/mosaic programming and expects CHUM-FM, given all of the resources available to it, to improve upon these commitments.
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The Commission has taken note of the licensee's proposal to increase the amount of news from 1 hour to 2 hours 7 minutes per week by increasing the frequency of newscasts and adding updates throughout the course of the week. The Commission expects the licensee to continue its current approach to news coverage, which includes the provision of complementary human interest and background information material.
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The Commission places great importance on the role of licensees in the development of Canadian talent and commends CHUM for its significant record of support for Canadian artists and performers.
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In Toronto, the continuing talent development programs of CHUM-FM include daily listings of live performances, simulcasts with CITY-TV and MuchMusic, strong support for the Juno Awards evidenced by technical and professional advice as well as special promotions and in-depth coverage of the Junos. CHUM-FM also provides in-depth coverage of the Festival of Festivals and maintains an association with Yuk-Yuk's Comedy Club. The station also features Canadian performers in foreground segments and provides awards and support to local broadcasting schools including seminar leaders.
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Further, it is committed to continue its free announcement plan which, at the time of the hearing, totalled 6,186 free commercials for new Canadian albums during the current licence term, representing support for 75 projects featuring 67 individual performers.
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Further, Mr. Duff Roman, Operations Manager of CHUM, personally devoted over 50% of his time between November 1986 and March 1987 to FACTOR/CTL of which he is President. At the Toronto public hearing, Mr. Roman reported that in 1982 the fund administered by FACTOR to provide forgiveable loans for the production of Canadian recordings totalled $200,000, while by 1986 FACTOR/CTL's annual funding from private sources, including broadcasters from across Canada, exceeded $900,000. Further in September of 1986 the federal Department of Communications (DOC) entered a 5-year agreement with FACTOR/CTL and MusicAction to contribute $3.7 million annually to the development of Canadian recording talent. Of this amount, $2.2 million is administered by FACTOR/CTL and the remaining $1.5 million by MusicAction.
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The Commission reiterates that it considers the exposure of Canadian artists on Canadian airwaves to be of utmost importance in the continuing development of Canadian talent and it encourages all broadcaster initiatives to this end.
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It notes that the various FACTOR/CTL initiatives should result in the wider availability of more Canadian records of good quality, and it will wish to assess the results with its radio licensees.
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In this respect, the Commission notes that at the hearing, CHUM undertook to increase its annual contribution as a corporate entity to FACTOR/CTL from $100,000 to $150,000 effective 1 September 1987. When combined with its corporate contributions of $50,000 per year in direct expenses to MusicAction and $250,000 in direct contributions and administrative costs to VideoFACT, the amount contributed to these organizations represents a total financial commitment of $450,000 per year to the development of Canadian talent, or an average of $18,000 for each of its 25 stations.
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It is a condition of licence that the licensee adhere to the CAB selfregulatory guidelines on sex-role stereotyping as amended from time to time and accepted by the Commission.
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The Commission has taken note of the licensee's initiatives in this area and its statement:
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It is our firm opinion that responsible broadcasters should and can be expected to voluntarily exercise their best efforts in the changing interaction of men and women in today's society.
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The Commission acknowledges the intervention from CIRPA which noted that CHUM's financial and human commitment to FACTOR/CTL has been substantial. In a more general sense, CIRPA expressed concern that no attempt has been made to study the impact of Canadian content regulation by comparing the level of Canadian content broadcast by stations with their audience levels. To this end, it has arrived at a preliminary assessment/monitoring formula which it discussed with the Commission at the public hearing.
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The Commission also acknowledges the intervention submitted by Standard Radio Inc. (Standard), licensee of CKFM-FM Toronto, which supported the renewal of the CHUM-FM licence but expressed its concern that if CHUM-FM is operated as a Group IV station with reduced spoken word content, most notably with respect to enrichment material, the station may not be able to attain the required levels of foreground and mosaic programming. Standard is also concerned that the diversity of programming available to Toronto listeners may be reduced. The Commission considers that these matters have been adequately addressed in this decision.
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Fernand Bélisle
Secretary General
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