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Decision
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Ottawa, 6 April 1989
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Decision CRTC 89-134
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Frontenac Broadcasting Company Limited
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Kingston, Ontario -881073100
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Following a Public Hearing in the National Capital Region commencing 22 November 1988, the Commission renews the broadcasting licence for CKWS-TV Kingston from 1 September 1989 to 31 August 1994, subject to the conditions specified in the appendix to this decision and in the licence to be issued.
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All of the issued shares of Frontenac Broadcasting Company Limited (Frontenac) are owned by Katenac Holdings Limited, a wholly-owned subsidiary of Power Corporation of Canada (Power). Ultimate control of Power rests with Mr. Paul Desmarais of Westmount, Quebec through associated companies and family trusts. Frontenac is also the licensee of CKWS and CFMK-FM Kingston. Power's other Ontario-based broadcasting undertakings are held through Kawartha Broadcasting Company Limited, licensee of CHEX-TV and its two rebroadcasting undertakings, CHEX and CFMP-FM Peterborough, CJOY and CKLA-FM Guelph, CIAM Cambridge, CKCB Collingwood and CKBB Barrie.
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CKWS-TV, which is the only local television station in Kingston, was first licensed in 1954 and operates as an affiliate of the Canadian Broadcasting Corporation's English-language television network. The block program schedule submitted by the licensee with its application indicated that in the fall of 1988 the station had tentatively scheduled 12 hours 40 minutes of original local programming per week, exclusive of specials. The Commission notes that the level of original local programming during the broadcast year 1984/85, was somewhat below the 15 hours 25 minutes per week commitment contained in its current Promise of Performance. The Commission has, however, discussed this situation with the licensee and has acknowledged that extenuating circumstances existed at that time. Moreover, the situation had been rectified by 1986/87 when the station broadcast 17 hours 9 minutes of original local programming each week. CKWS-TV's Promise of Performance for the new licence term contains its commitment to broadcast on a weekly basis 16 hours 23 minutes of local programming, exclusive of repeats.
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In its application, Frontenac stated that its policy is:
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to maintain our local identity against our competition, which we will attain by providing the service that only CKWS-TV is prepared to provide; a commitment to programming for the benefit of our community.
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The licensee noted that in addition to serving Greater Kingston's population of 116,000, its coverage area encompasses Belleville, Trenton, Napanee, Smiths Falls, Brockville and other smaller south-eastern Ontario communities. Frontenac stated that its success in maintaining its audience share is due to its extensive community involvement which is demonstrated in many areas, most notably in its support for the local arts community. The Commission notes that Frontenac has supported the restoration and renovation of the Grand Theatre, and that it actively supports the Kingston Symphony Orchestra, the Kingston Folk Arts Council as well as other community groups. In association with Queen's University it participated in a project on behalf of the Kingston Arts Council. CKWS-TV has also hosted fund-raising telethons for local service groups.
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Noting Kingston's 300-year history, the President of Frontenac stated that CKWS-TV attempts to serve and reflect the various aspects of community life and Kingston's civic pride with professionalism and quality programming.
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CKWS-TV's fall 1988 program schedule indicates that the station broadcasts in excess of 8 hours 40 minutes of original local news programming each week. During the current licence term the station has added a co-anchor and an arts and entertainment reviewer for its early evening newscast, installed a Newstar computer system and a second ENG suite, and has expanded its weekly news and events coverage to include Belleville and Brockville. In the fall of 1988, CKWS-TV also purchased a satellite reception system which is dedicated to domestic and foreign news. Frontenac also noted that it increased its Saturday news programming by one hour and broadcasts one-hour newscasts on seven of the nine statutory holidays.
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CKWS-TV intends to improve its weekly commitment to news and information programming during the new term of its licence by adding a series of community reports to its "News Hour" program and, in the fall of 1989, to add 1 hour 15 minutes of local news, weather and sports to the CBC program "Midday" so that it will include "a regionalized outlook produced by our newsroom". Further, CKWS-TV will add a half-hour early evening news program and expand its 15 minute late edition to a half-hour newscast. The Commission commends the licensee for proposing these further improvements.
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The Commission notes that in January 1988, Frontenac opened an office/studio complex in Belleville which is currently staffed by a secretary and a salesperson. The licensee stated at the hearing that early in the new licence term it intends to add a journalist/reporter who will be responsible for news coverage in the Belleville/Trenton area, a technician/operator and a camera person. The Commission notes the licensee's statement that CKWS-TV has wide appeal for Belleville residents and encourages Frontenac to add the proposed staff at the Belleville studio complex as soon as possible in order that the licensee may make full use of this new facility and that viewers may enjoy full advantage of the programming opportunities which it provides.
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With respect to the balance of the licensee's locally-produced programming, the Commission notes that CKWS-TV produces half-hour documentaries focusing on a variety of local private industries and businesses as part of "Community Journal" and features the community-access program "Morning Break".
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CKWS-TV stated at the hearing that it considers children's programming to be a priority. With CHEX-TV in Peterborough, the station is currently producing 26 episodes of "The Corner Store", a series which the licensee describes as "informative and educational with entertainment value". It is also broadcasting re-runs of its children's series, "Harrigan".
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The Commission notes that CKWS-TV has made arrangements with CFMK-FM to promote local musical performers in the form of a talent search; the winners are to be featured quarterly in a television "prime time broadcast".
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In Public Notices CRTC 1985-58 dated 20 March 1985 and CRTC 1986-177 dated 23 July 1986, the Commission set out guidelines respecting the production of co-operative ventures among broadcasters. Frontenac stated at the hearing that it has "taken full advantage of the new definitions" to work with other stations. In addition to "The Corner Store", CKWS-TV is working with CHEX-TV and several other Canadian television stations and a Canadian independent producer on the development of a Canadian drama series entitled "Chestnut Avenue". It has made a financial commitment of $15,000 to the series and intends to be involved further in a production and/or post-production capacity. The station is also producing, with CFPL-TV London and other broadcasters, a two-hour made-for-television movie "Superconductor" which it anticipates will be completed in the fall of 1989.
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CKWS-TV has also been involved with the independent production sector in several projects including the children's programs "The Whimblies" and "Harrigan"; the syndicated series "Best Sellers" and "Lest We Forget"; and "Sketches of Our Town", a program which highlights various smaller communities in southern Ontario. Future projects include a sitcom entitled "Doc and Eddie" and a 13-episode instructional art review series with the working title "Let's Talk Art".
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The licensee indicated that since the costs of production have risen:
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... we have to take the opportunity now to reach out and search [out] partners who can help us do good, professional, creative productions ... so that we are proud of the product that we have.
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In this regard the licensee indicated at the hearing that there was an infusion of capital when the station was acquired by Power (Decision CRTC 87-72 dated 29 January 1987) and that there is currently a $1 million project underway to expand the current production facilities. This, it states, will be useful to local independent producers. Frontenac said at the hearing:
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We are trying to make it as easy as can be for them to do the type of programming that they want without leaving the City of Kingston or the area. We don't want to force people to have to leave. We want them to use our facility and work with us.
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The licensee also stated that it will continue to seek out and encourage local producers to "approach us with proposals" and cited its state-of-the-art production facilities which include digital effects units and editing suites as well as its flexibility in providing access to its facilities.
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The Commission encourages Frontenac to continue its involvement with co-operative ventures and co-production activities.
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With respect to its acquired programming, Frontenac informed the Commission that due to escalating costs and increased competition in terms of program purchasing, in recent years it has been buying programs through CHCH-TV Hamilton. This approach, it states, has allowed it to keep programming consistent over two to three years thereby assisting its efforts to "maintain our audience share against our competition".
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Frontenac anticipates that it will continue to derive a significant amount of revenue from the sale of local advertising noting that its new production facilities will be available to its advertising clients. The station plans to be "much more aggressive" in sales to advertisers to the east and west of Kingston, and particularly in the Belleville and Brockville markets.
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The licensee considers that its projected revenues, which reflect an economic downturn in 1990, are realistic and will enable it to fulfill the commitments contained in its proposed Promise of Performance. Frontenac stated that it has been "conservative" and "prudent" in its revenue projections so that it "would be able to come up with some concrete commitments in terms of expenditures that would match".
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In terms of the exhibition of Canadian programming, the Commission notes that during the current licence term CKWS-TV has exceeded the Commission's regulatory requirements.
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Based on all of the foregoing, particularly Frontenac's production of local news and information programs and its children's programs, the Commission is satisfied with the licensee's performance during the current licence term. Further, noting CKWS-TV's intention to continue and expand these efforts and to increase its participation in the production of drama in the new licence term, the Commission considers that a full-term renewal of the licence is warranted.
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In a submission dated 22 November 1988, and as confirmed at the hearing, the licensee adjusted the Canadian program expenditure projections contained in its renewal application. According to its financial projections, CKWS-TV will expend $1,497,000 on Canadian programming in the first year of the new licence term. As stated in the Public Notice introducing this and other television renewal decisions issued today, the Commission expects licensees of television stations that earned less than $10 million in total advertising revenues in 1987/88 to adhere to their projected first-year expenditures for Canadian programming at a minimum, and to adjust such expenditures in subsequent years in accordance with the prescribed formula, which is linked to station advertising revenues. The Commission is satisfied that this approach offers a reasonable and fair means of ensuring that the Canadian program expenditures of each station keep pace with changes in its revenue. Accordingly, inasmuch as CKWS-TV's advertising revenues in 1987/88 were less than $10 million, this expectation applies in respect of this station.
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With respect to its plans for the new term of its licence, CKWS-TV will remain an affiliate of the CBC English-language television network and stated at the hearing that it will:
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serve our viewing audience with the combined offering of CBC and local programming. A strong commitment to provide the best that we can offer to our large viewing community is a policy that we have had since our inception and will continue in the future.
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The Commission expects CKWS-TV to abide by its commitment to schedule a minimum of 16 hours 23 minutes per week of original local programming throughout the new licence term. The licensee noted, in this regard that 80% of its total Canadian programming expenditures are devoted to local programs and that this ratio will be maintained during the new term of its licence.
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Further, Frontenac proposed an annual program development commitment ranging from $32,000 in year 1 to $51,000 in year 5, some of which has been allocated to the programming initiatives outlined earlier in this decision. The balance of the development funds may be used to produce 13 one-hour plays with local theatre groups during the new licence term. The Commission refers Frontenac to the guidelines for program development funds set out in the Public Notice of today's date introducing this and other renewal decisions.
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The licensee also indicated that it will continue to invest capital to "enable the station to provide the finest broadcast programming and production facility possible" and to investigate options for improving the quality of its signal in outlying areas.
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During the current licence term, in addition to the studio upgrading noted earlier in this decision, CKWS-TV converted its broadcast facilities to provide stereophonic sound. It has made a commitment to spend $2.56 million over the new licence term on replacement of existing equipment and the probable replacement of its transmitter.
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At the hearing, the licensee stated:
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We are fully prepared, of course, to commit ourselves to those portions of our program promise and those portions of our capital expenditures and we are fully committed to the rest Page>of our promises relative to that which we have filed... We certainly intend not only to follow our commitments but to improve on them as time goes on, in relationship to whatever revenues we have".
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In renewing this licence, the Commission also authorizes the licensee to make use of the Vertical Blanking Interval. The Commission expects CKWS-TV to adhere to the guidelines set out in Appendix A to Public Notice CRTC 1989-23 dated 23 March 1989 entitled "Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM)".
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The Commission notes the licensee's statement that the Newstar system will enable it to increase program accessibility to the deaf and hearing-impaired, in that the licensee will close caption the scripted portions of its newscasts "early in the term of our licence". The Commission expects the licensee to implement this plan and, at a minimum, during its early evening newscasts, to also close caption its news headlines, within the first year of the new licence term. The Commission notes that this local programming will serve to complement the approximately 895 hours of network closed-captioned programs and 44 hours of acquired closed-captioned programs which the licensee broadcasts on an annual basis.
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The Commission also expects CKWS-TV to acquire a telephone device for the deaf (TDD) during the first year of its new licence term and to install it in the master control room or wherever most appropriate, to ensure access to the station by deaf and hearing-impaired viewers throughout the broadcast day.
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The Commission acknowledges the interventions submitted in support of this renewal application three of which are from local institutions and service groups and three from independent producers.
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Fernand Bélisle
Secretary General
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APPENDIX
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Conditions of licence for CKWS-TV Kingston
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1. The licensee shall operate this broadcasting undertaking as an affiliate of the English-language television network operated by the Canadian Broadcasting Corporation.
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2. The licensee shall adhere to the Canadian Association of Broadcasters' self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.
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3. The licensee shall adhere to the provisions of the Broadcast Code for Advertising to Children published by the Canadian Association of Broadcasters as amended from time to time and approved by the Commission.
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