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Decision
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Ottawa, 25 April 1988
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Decision CRTC 88-293
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CIRC Radio Inc.
Toronto, Ontario - 870759800
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J. Robert Wood on behalf of a company to be incorporated
Toronto, Ontario - 872233200
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At the 1 February 1988 public hearing, the Commission considered an application by CIRC Radio Inc. (CIRC) to amend the broadcasting licence for CIRV-FM Toronto by changing the frequency from 88.7 MHz to 92.5 MHz and by increasing the effective radiated power from 22 to 223 watts.
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The Commission also considered a technically competitive application by J. Robert Wood (Wood), on behalf of a company to be incorporated, for a licence to carry on an English-language musical Group IV (Dance and Rythm-and-Blues) FM radio broadcasting undertaking at Toronto, operating on the frequency of 92.5 MHz with an effective radiated power of 4,708 watts. This application was predicated upon the use of channel 223 as a "drop-in" at Toronto and the deletion of channel 222 at Oshawa from the Canadian FM Broadcasting Allotment Plan.
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The CIRC Application
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In Decision CRTC 86-236 dated 20 March 1986, the Commission approved an application by CIRC for a broadcasting licence to operate an ethnic FM radio station at Toronto on the frequency 88.7 MHz, channel 204, with an effective radiated power of 22 watts. In that decision, the Commission noted that the new FM station (now CIRV-FM) would provide over-the-air radio service to various ethnic groups by means of a low-power transmitter "which, in the applicant's view, is the most cost-effective means of serving ethnic neighbourhoods." CIRC's proposal was predicated on the use of an unprotected "drop-in" channel and, in the Commission's opinion, represented an efficient utilization of the broadcasting spectrum, given the scarcity of frequencies, both AM and FM, in the Metropolitan Toronto area. The Commission considered that, as represented by the applicant at the hearing preceding Decision CRTC 86-236, CIRC should be able "to provide an interference-free service to northwestern Toronto and the surrounding area enclosed by the 3 mV/m (primary) contour and an adequate signal to a much larger area, including parts of Metropolitan Toronto and Mississauga".
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In its recent application, CIRC maintained that CIRV-FM is now unable to serve its intended market and therefore it requires the frequency 92.5 MHz in order to achieve financial viability. The applicant submitted that interference resulting from an increase in the effective radiated power of radio station WBFO-FM Buffalo, New York has caused problems with CIRV-FM's reception in downtown Toronto and areas to the east, such that the station's coverage area is significantly smaller than that for which it claimed it was licensed.
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To address this matter, CIRC's application involved, in addition to a change in frequency, a change in transmitter and antenna location from Weston in northwestern Toronto to downtown Toronto, a change of status or class of station from a low-power unprotected to a regular Class A FM station, and a major expansion of CIRV-FM's licensed service area.
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As noted earlier, Decision CRTC 86-236 clearly stated that the channel which CIRC had applied for and which the Commission had approved was an unprotected channel. Furthermore, the Commission had highlighted the fact that CIRV-FM's interference-free coverage area encompassed only northwestern Toronto and surrounding area. At the time of its original application and of the licensing of CIRV-FM, CIRC was aware of the fact that its proposed low-power operation on the 88.7 MHz frequency would be both restricted in coverage and subject to interference, and it understood and accepted these limitations. The Commission notes in this regard that at the 1 February hearing, CIRC revealed for the first time that it had proceeded with its original application and the technical parameters for which it was approved, despite having had full knowledge before the original hearing in 1985 that WBFO-FM Buffalo had already increased its power and would thus constitute a source of interference.
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If, in its original application, CIRC had identified as its market the larger area it now wishes to serve, the Commission would in all likelihood have denied the application on the basis that the unprotected frequency for which it was applying was inadequate to provide a satisfactory signal throughout the intended coverage area. The Commission notes that, instead of applying for the low-power frequency 88.7 MHz, CIRC could have submitted a competing application for at least one other "high power" frequency available at the time (see Decision CRTC 86-232). In the Commission's opinion, approval of CIRC's present application to change its frequency in order to extend its original coverage area, particularly in light of the fact it was fully cognizant of the limitations and potential interference problems associated with its original proposal, would undermine the integrity of the licensing process.
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The Wood Application
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Wood proposed a Group IV Dance and Rhythm-and-Blues format targeted to a "new mainstream" audience reflecting the multicultural, multiracia1 mosaic of Toronto. The applicant stated that dance music and rhythm-and-blues selections, particularly those written and performed by Canadian visible minorities, are neglected by conventional broadcasters. It described "dance music" as follows:
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The sound ... combines the words of Canadian, American, British and European artists with new world or Third World rhythmic experiments and developments, like reggae, soca, salsa, afro-beat or the diasporic variations and hybrids of these sources ...
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Wood proposed a Canadian content level of 20%, of which 7 to 10% would be devoted to Canadian selections written, composed, performed or produced by members of visible minorities.
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At the hearing, Wood stated that its plan was "to speak to the new mainstream of Toronto, in a language and with a rhythm that it understands", and to "represent a window of opportunity for a large and important segment of Canadian talent, particularly Black musicians, male and female, whose works are ignored by radio and record companies and whose only opportunity for exposure is limited to live performances". This plan was supported by a number of interventions, many of which were presented orally at the hearing, from major Black community organizations in Toronto, representatives of the Canadian recording industry and Canadian recording artists, and from numerous individuals and business persons.
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The Commission acknowledges the support of these interveners and their enthusiasm for a broader reflection of the Canadian mosaic and the increased exposure of Canadian musical talent, particularly talent which is currently under-represented, in the programming and operation of Canada's broadcasting undertakings.
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The Commission notes, however, that there was a divergence between the precise details of the format proposed by Wood in its Promise of Performance (POP) and its statement that its station "will be the first mainstream radio station in Canada to reflect Canada's multiracial identity by representing a diversity of opinions, news sources and music unavailable in radio today". In this respect, one existing broadcaster pointed out in its intervention opposing the Wood application that, while only about 10% of the selections on the applicant's sample playlist were hits, the applicant's POP actually proposed a hit ratio of 49:51. Moreover, the Commission notes that, in its POP, Wood proposed a weekly playlist of only 500 to 750 selections with a maximum repeat factor (MRF) of 18 - the highest permitted. The proposed MRF and hit ratio are identical to those of the mainstream conventional FM stations in the Toronto market.
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Given the ultimate effect that the above proposed musical discriminators, together with a Canadian content level of only 20%, would have on the applicant's musical programming, the Commission questions whether the proposed station would indeed be capable of providing significant opportunities for the increased exposure of Canadian visible minority talent or of consistently offering a substantial degree of musical diversity.
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Further, the Commission questions the extent to which the Wood application would actually increase the diversity of opinions and news sources, as claimed by the applicant, or allow for the expression of the views of the multicultural mosaic of Toronto, given that it proposed only 11 hours 57 minutes of spoken word programming of which only 2 hours 5 minutes would be news. The Commission notes that these levels would be lower than those offered by any of the other FM stations currently licensed to serve Toronto.
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Conclusion
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Since the frequency 92.5 MHz appears to represent one of the last "high power" FM frequencies available for use in the Toronto-Hamilton area at this time, the Commission, in carefully assessing the two applications before it, was especially concerned to ensure that any application which it would approve would be the best possible under the circumstances, and, particularly, would add a significant degree of diversity to the Toronto radio market.
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For the reasons set out above, the Commission is not satisfied that the Wood application has met these criteria so as to be deserving of being awarded this scarce frequency. Accordingly, the Commission denies the Wood application.
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For the reasons set out earlier in this decision, the Commission also denies the CIRC application.
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Fernand Bélisle
Secretary General
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Date Modified: 1988-04-25
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