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Decision
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Ottawa, 5 August 1987
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Decision CRTC 87-594
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CHUM Limited
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Windsor, Ontario - 862762200
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At a Public Hearing in Toronto on 28 April 1987, the Commission considered an application to renew the broadcasting licence for CJOM-FM Windsor. In addition, the licensee applied to reduce the weekly levels of foreground, combined foreground/ mosaic and enrichment programming as well as the Canadian content level of its musical selections, from those specified in conditions of licence attached to Decision CRTC 85-666 dated 19 August 1985 and in the current Promise of Performance.
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In CRTC - Notice of Public Hearing 1987-19, the Commission announced that it also intended to review the licensee's performance over the current licence term, during which time CJOM-FM has operated under the terms of an experimental FM licence.
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In Decision CRTC 85-666, in which the Commission approved the transfer of the assets of CKWW and CJOM-FM Windsor from Radio Windsor Canadian Limited to CHUM Limited (CHUM), the Commission acknowledged the special characteristics which set Windsor apart from other Canadian radio markets, and the particular difficulties facing private FM broadcasters in that city.
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These had previously been addressed by the Commission in its document entitled Windsor Radio Review (Public Notice CRTC 1984-233 dated 25 September 1984) and in Decision CRTC 85-158 dated 29 March 1985, which approved the transfer of the assets of CKLW and CKEZ-FM (now CKLW-FM) to Keith Campbell, representing a company to be incorporated (now Amicus Communications Inc.). In line with the purpose and intent of the experimental licence issued to CHUM for CJOM-FM in Decision CRTC 85-666, the Commission has allowed the licensee considerable latitude and flexibility. These measures have enabled this Windsor station to innovate and experiment in order to attract and retain an audience in this market which is characterized by particular operational difficulties, given its close proximity to the city of Detroit, Michigan.
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At the Toronto hearing, CHUM indicated that the station is now operating at a profit, that surveys conducted by the Bureau of Broadcast Measurement have indicated that it had attracted, for short periods of time, a Canadian audience of approximately 45,000, primarily in its intended demographic target of 18 to 24 year-olds, and that the station is enjoying growing, positive community reaction manifested in active response to community and promotional events, a higher awareness of CJOM-FM and positive reaction from some advertising clients.
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In order to assess the licensee's compliance with its Promise of Performance and conditions of licence the Commission undertook an analysis of the programming broadcast by the station on 11 October 1986. This analysis revealed several areas of concern, most notably shortfalls in the levels of foreground (3.9%), combined foreground/mosaic (11%) and enrichment (1.1%) programming. In comparison, the conditions of licence attached to the licence granted in Decision CRTC 85-666 required minimum levels of 12% foreground and 33% combined foreground/mosaic, while the station's Promise of Performance specified 3.17% of enrichment programming. Moreover, based on the analysis, the Commission estimated the weekly amount of news content to be 1 hour and 24 minutes as opposed to the 2 hours specified in the licensee's Promise of Performance.
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At the hearing, CHUM indicated that the foreground and foreground/mosaic shortfalls and the reductions in enrichment programming indicated by the analysis were the result of "misunderstanding and misinterpretation in the area of enrichment" and that, following a meeting with Commission staff, problems of interpretation were explained to station personnel.
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Mr. Ian Davies, Program Director for CJOM-FM, assured the Commission that "we had a very comprehensive meeting ... I feel confident that the shortfalls that were identified in the RAP [analysis] have now been taken care of." Further Mr. Ferguson, General Manager of the station, indicated that:
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... our intent was clear. The effort was made. Our problem was a misunderstanding in terms of qualifying enrichment under enrichment, under anecdotal news, under particular categories ... it was not a question of not attempting to fulfill our commitment.
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With respect to the amount of news broadcast by the station, CHUM indicated that its own analysis had also revealed a shortfall and that measures have been taken to rectify the problem. Mr. Ferguson stated, "our intent is very, very clear: to meet, if not exceed, our basic commitment".
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The Commission notes that there were also positive indications arising from its analysis of CJOM-FM: the level of Canadian content music exceeded the 15% imposed by condition of licence; both the number of hits broadcast and the maximum repeat factor were lower than specified in the Promise of Performance; and CHUM's efforts to fulfill the Commission's expectation that the station provide a programming service which reflects a firm Canadian orientation were apparent.
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In view of the licensee's efforts to ensure compliance, particularly with respect to enrichment programming and the subsequent implementation of control mechanisms, the Commission has decided to renew the experimental FM licence for CJOM-FM Windsor from 1 October 1987 to 31 August 1991. This term will allow the Commission to consider the renewal of this licence at the same time as that of CKLW-FM Windsor. The licence will be subject to the conditions specified in this decision and in the licence to be issued.
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At the next licence renewal hearing the Commission will examine both stations' performance and financial results with a view to assessing whether or not experimental FM licences continue to be required in the Windsor market. While encouraged by several factors including the increases in audience levels, improvements in financial results and efforts to ensure a Canadian orientation in this market in which Canadian FM radio stations compete directly with major market U.S. radio stations not subject to the same regulatory requirements, the Commission will determine the success or failure of the experimental licences only at the time of the next licence renewal hearings of CJOM-FM and CKLW-FM.
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With respect to the proposed reduction in foreground programming (from 12% to 9%), the Commission notes that the proposed level is consistent with the level in effect for CKLW-FM and is the minimum regulatory requirement of foreground programming for independent FM stations. Accordingly, the Commission approves, as a condition of licence, a minimum weekly level of foreground programming of 9%.
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The proposal to reduce the weekly commitment of combined foreground/ mosaic programming from 33% to 30% is denied, as it would be lower than both the regulatory requirements for independent FM stations and the minimum requirement for the other Windsor FM station. The Commission considers that the 33% level, which was imposed as a condition of licence in the last renewal, allows the licensee sufficient flexibility, particularly in view of the other terms of the experimental licence and, therefore, imposes the 33% level of combined foreground/mosaic as a condition of licence.
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With respect to the proposed reduction in the weekly level of Category 3 - Enrichment material from 3.17% to 1%, the Commission notes that although a minimum level is no longer set out in the regulations or policy guidelines, enrichment is a critical element in the production of high-quality foreground programming. Based on the results of the Commission's 11 October 1986 analysis of the station's programming, which demonstrated that 1.1% of enrichment material yielded only 11% combined foreground/mosaic programming, the Commission is not convinced that the licensee would be able to achieve the 33% level noted above with only 1% enrichment material and, therefore, denies the proposed reduction.
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The Commission has also given careful consideration to the licensee's request to reduce the minimum percentage of Canadian music which it must broadcast (15%), and has taken note of the licensee's arguments in this regard. CHUM contends that as Canada's only FM radio station licensed to program contemporary all-hit music, it must fulfill its mandate. It argues that, in the Windsor market, songs by Canadian rock artists receive exposure on its station only if the songs have also been released in the United States and are broadcast by Detroit radio stations. Therefore, CHUM contends, the number of Canadian "hits" recognizable by Windsor's youth is insufficient to permit the station to achieve a weekly 15% Canadian content level on a constant basis. Accordingly, the licensee has suggested that although 15% remains its target, the Commission should permit a minimum level of 10%.
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In its consideration of the licensee's request, the Commission has taken note of the significant measures the licensee has implemented to promote Canadian music talent including the broadcast of station identifications performed by Canadian artists, the very successful month-long annual promotion of the music and performers nominated for Juno Awards, the increasing number of simulcasts with MuchMusic, and interviews with Canadian artists performing in the area. Further, as mentioned earlier in this decision, during its October 1986 analysis of the stations's programming, CJOM-FM exceeded the 15% Canadian content requirement by 1% which, according to the licensee, represents one hour and fifteen minutes of programming.
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The Commission notes that at the public hearing CHUM made a commitment to increase its annual corporate contribution to FACTOR/CTL from $100,000 to $150,000 effective 1 September 1987.
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It is the opinion of the Commission that the licensee must continue to reflect a firm Canadian orientation in its music and spoken word programming and, accordingly, the Commission requires CHUM as a condition of licence to ensure that a minimum of 15% of the category 5 musical selections broadcast weekly on CJOM-FM qualify as Canadian.
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With respect to news, the Commission notes that the licensee intends to increase the time allotted to this category by three minutes per week and that, in response to Decision CRTC 85-666, it has increased the number of newscasts on Saturdays and Sundays. The Commission reminds the licensee of the statement it made at the hearing that "of critical importance is [the news'] orientation, and clearly, it is totally Canadian". The Commission will follow with interest the licensee's efforts in this regard.
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The Commission encourages the licensee to continue its commendable innovative efforts to promote Canadian talent. In addition to those mentioned previously, CJOM-FM provides free promotional announcements on behalf of local Windsor and Essex County music groups, awards an annual cash prize in the Centennial Music Competition, sponsors a public speaking competition and has made a commitment to spend $8,000 annually for the production of four live, local concerts. In fact, in the past year, the station exceeded this last commitment, producing five local concerts.
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It is a condition of licence that the licensee adhere to the CAB self-regulatory guidelines on sex-role stereotyping, as amended from time to time and accepted by the Commission.
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The Commission wishes to emphasize that its purpose in creating the experimental FM licence was to enable it, in very particular circumstances, to extend to licensees a measure of flexibility to investigate and experiment with new means of achieving the objectives of the Broadcasting Act, other than those contemplated by its policies and regulations. It reminds the licensee, however, that it is expected to comply fully and, wherever possible, to exceed the minimum requirements of its Promise of Performance and conditions of licence.
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Fernand Bélisle
Secretary General
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