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Decision
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Ottawa, 6 April 1989
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Decision CRTC 89-150
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New Brunswick Broadcasting Co. Limited
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Saint John, Bon Accord, Moncton, Doaktown, Boiestown, Parker Ridge, Newcastle/Chatham and Campbellton, New Brunswick -881015200
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Following a Public Hearing in Halifax, Nova Scotia commencing 6 December 1988, the Commission renews the broadcasting licences for CHSJ-TV Saint John and its rebroadcasting undertakings serving the communities noted above from 1 September 1989 to 31 August 1994, subject to the conditions specified in the appendix to this decision and in the licences to be issued.
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New Brunswick Broadcasting Co. Ltd. (NBB) is ultimately controlled by the Irving family of Saint John. In addition to CHSJ-TV and its rebroadcasters, NBB is the licensee of AM radio station CHSJ Saint John and of the Maritime Independent Television Service (MITV) which is comprised of CIHF-TV Halifax, CIHF-TV-2 Saint John and rebroadcasting undertakings of CIHF-TV at Fredericton and Moncton, New Brunswick and Bridgewater, Truro and Wolfville, Nova Scotia.
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CHSJ-TV was the first Canadian television station to operate east of Montreal. It commenced broadcasting in 1954 as an affiliate of the Canadian Broadcasting Corporation's English-language television network. By virtue of an agreement entered into by NBB and the CBC which became effective when MITV commenced broadcasting on 5 September 1988 and was referred to in Decision CRTC 87-59 dated 22 January 1987 granting a licence to MITV, the amount of network programming to be distributed by CHSJ-TV increased to 88 hours 50 minutes a week, a level equivalent to that provided by the CBC owned and operated station CBHT Halifax. Further, NBB reported at the hearing that CHSJ-TV is currently broadcasting 91 hours 50 minutes of network programming each week.
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The Commission notes that CHSJ-TV will continue to operate as an affiliate of the CBC's English-language television network under the terms of the above-mentioned agreement.
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In its renewal application for CHSJ-TV the licensee stated that in making available the full CBC network schedule, CHSJ-TV contributes to program diversity in New Brunswick. At the hearing, NBB stated that the introduction of the independent television service, MITV:
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has not in any way reduced our level of commitment to CHSJ television. We have been particularly pleased to be able to provide a solution to the long-standing perceived problem of full CBC service in New Brunswick.
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With respect to locally-produced programming, the licensee indicated at the hearing that CHSJ-TV "will continue to fulfill its central role as an important contributor to the community it serves". The Commission notes that the station currently broadcasts 7 hours 10 minutes of original local programming each week and an additional one hour of programming which is produced specifically for viewers in northeastern New Brunswick.
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CHSJ-TV currently broadcasts 3 hours 10 minutes of locally-produced news each week, consisting of a 30-minute late evening newscast Sunday through Friday which is simulcast on MITV and a 10-minute version which is broadcast on Saturdays. This is supplemented by weekday regional news programming received from the CBC facilities in Fredericton, bringing the total amount of New Brunswick-based news to 8 hours 10 minutes per week. The Commission notes that the noon hour magazine program that had been aired on CHSJ-TV continues to be available through the MITV service and that CHSJ-TV now broadcasts the CBC network program "Midday".
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As part of its application, NBB requested to be relieved of its responsibility for the production of a local daily newscast at noon specifically directed to the residents of northeastern New Brunswick. In this regard the licensee stated:
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We concur that the north shore should have news coverage ... What we have decided to do, rather than diminish our presence in the northeast, is to make sure that material of importance to the northeast is included in our regular newscasts.
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The Commission notes that NBB will continue to maintain a production team in Bathurst and, based on information requested by the Commission and received subsequent to the hearing which demonstrates that CHSJ-TV is making an honest effort to cover issues and events relevant to the northern sector of the province, the Commission is satisfied that the licensee recognizes its responsibility in this area. Specifically the Commission notes that NBB currently produces "Focus North" which is broadcast throughout the CHSJ-TV system, and "North Shore NewsReel" and "North Shore Magazine" which are broadcast only on CHSJ-TV-2 Doaktown, CHSJ-TV-3 Boiestown, CHSJ-TV-4 Parker Ridge, CHCN-TV Newcastle/Chatham, and CHCR-TV Campbellton.
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Having considered the licensee's request with respect to its past commitment to broadcast the noon-hour newscasts specifically for northern viewers, the Commission expects the licensee to ensure that its regular newscasts provide adequate coverage of issues and events of interest and concern to the residents of northern New Brunswick. The Commission also expects the licensee to continue to operate the Bathurst news bureau and to honour its commitment to ensure that this region is adequately reflected in its news programming.
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Further, the Commission expects CHSJ-TV to continue to produce one and one-half hours per week of programming reflecting the needs, tastes and concerns of residents in the northern portion of the province and encourages the licensee to broadcast these programs on all transmitters that distribute the programming of CHSJ-TV. In the event that the licensee does not transmit these programs in this manner, the Commission expects the licensee to provide for their transmission by means of a separate feed to those rebroadcasters that serve the northeastern region of the Province of New Brunswick. Further, the licensee should ensure that the programs directed to northshore viewers do not pre-empt either CBC network programs or other locally-produced programs.
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Other local programs broadcast by CHSJ-TV include "Reach For The Top" a high school quiz show, "Choices" a program directed to senior citizens, "Reflections", which deals with the cultural history of the province, "All About Travel" which describes foreign lands and "Sports Replay", a program which provides a weekly review of local and national sports activities. The Commission notes that NBB intends to continue producing and broadcasting each of these programs during the new licence term.
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The Commission commends CHSJ-TV for its contribution in the field of children's and local talent programming and notes that the station has recently sold its children's series "Blue Rainbow" to Global Television, and that it intends to continue to broadcast a weekly variety program featuring local musical talent on a weekday evening at 7:00 p.m. in order to provide "optimum exposure for New Brunswick talent". Further, in this regard, the Commission notes the licensee's statement that MITV will also produce a 13-episode talent program which, like "CHSJ Variety", will also be broadcast on both MITV and CHSJ-TV and its rebroadcasters, thereby enhancing regional exposure for local performers.
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The Commission expects CHSJ-TV to broadcast "CHSJ Variety" during the evening broadcast period. It notes that in a revised schedule submitted by the licensee pursuant to a request made at the hearing, the CBHT Halifax program, "Land and Sea" appears in the time slot previously assigned to the talent program. Moreover, because "Land and Sea" has direct relevance to New Brunswick residents, the Commission will also expect CHSJ-TV to schedule it in a popular time slot.
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The Commission also commends the licensee for its production of the "Crime Stoppers" series in both English and French. CHSJ-TV has produced over 125 "Crime of the Week" clips during the past three years and has made these available for broadcast by the French-language CBC station, CBAFT Moncton, and by local cable television undertakings. The Commission notes that the licensee has made a commitment to continue producing "Blue Rainbow", "CHSJ Variety" and "Crime Stoppers" segments during the new licence term.
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Through an intervention presented at the hearing by The Maliseet Nation at Tobique, the Commission was made aware of the formation of the Maritime Aboriginal Broadcasting Corporation (MABC) which represents approximately 34,440 aboriginals in Atlantic Canada. The organization is seeking support to initiate, develop and distribute radio and television programs of interest to its aboriginal audience with secondary attention to be given to broadcasting programs of interest to general audiences. CHSJ-TV stated at the hearing that it has met with Mr. Jeff Bear, Interim Chairman of MABC, provided production advice to the organization and contacted the Atlantic Association of Broadcasters to seek support for MABC. The Commission encourages the licensee to pursue its discussions with the native representatives with a view to assisting the efforts of MABC.
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With respect to its involvement with the independent production community, the licensee stated that in the past it had invested $5,000 in an independent production intended as a pilot for a CBC series. It has also invested $15,000 for the development of the pilot of the drama series "Chestnut Avenue" which will be produced with other private Canadian television stations and a Canadian independent producer. The Commission notes the licensee's statement that it is "committed to staying involved" in this series.
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A further initiative currently under development by CHSJ-TV and other CBC-affiliated stations is a series on the immigrant peoples of Canada entitled "Traditions". At the hearing the licensee stated that CHSJ-TV will be producing 3 of the 12 episodes and that its own productions will profile the Irish, Loyalist and Acadian communities.
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With respect to CHSJ-TV revenues, the Commission notes that the licensee considers that revenues have remained "respectable" and that the decrease experienced in the current year is attributable to the increase in CBC network programming on CHSJ-TV, reduced network payments from CBC, and the introduction of the competitive MITV service. The licensee's projections for the new term of licence indicate a steady growth beyond inflation of 2% per annum, a forecast which supports its prediction that the "New Brunswick economy will provide steady, responsible and reliable growth".
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According to its financial projections, CHSJ-TV will expend $700,000 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 revenues. Accordingly, inasmuch as CHSJ-TV's advertising revenues in 1987/88 were less than $10 million, this expectation applies in respect of this station.
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In the Promise of Performance submitted for the new licence term, CHSJ-TV has undertaken to provide 7 hours 10 minutes per week of original local programming including the half-hour program "Focus North" and, in addition, to maintain its two half-hour weekly programs specifically directed to northshore residents. The Commission expects CHSJ-TV to adhere throughout the new licence term, at a minimum, to the levels of local production specified in its application.
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CBC presented an intervention at the hearing asking that all of the provisions of the CBC/NBB agreement be imposed as a condition of the CHSJ-TV licence. The Commission has reviewed the agreement and has taken into account NBB's statements that it intends to adhere to the agreement and that it would not object to a condition of licence being imposed with regard to the programming aspects of the agreement, specifically clauses 2 and 3. Accordingly, NBB is required, as a condition of licence, to adhere to the provisions of clauses 2 and 3 of the 10 September 1986 agreement with the CBC as well as to schedule A which is referred to in clause 2 and which requires that CHSJ-TV broadcast a weekly minimum of 88 hours 50 minutes of CBC-originated programming.
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As regards the remainder of the CBC's intervention, the Commission notes that the Corporation has indicated a willingness to negotiate an earlier expiry date for the renewable ten-year agreement in order that it may establish its own television system in New Brunswick when funds are available and further, that the establishment of owned and operated CBC stations is predicated on the use of the television channels currently assigned to NBB for the CHSJ-TV service. Reiterating the position which the Commission expressed in Decision CRTC 87-59, should the parties involved terminate their agreement at some future point, the Commission:
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would not envisage renewing the licences for CHSJ-TV and its rebroadcasters for a further term and would, moreover, strongly expect NBB to surrender its licences for these services.
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The Commission will expect the licensee to submit a copy of its forthcoming affiliation agreement with the CBC within one month of its signing.
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At the hearing, NBB outlined the technical improvements undertaken at CHSJ-TV during the current licence term including computerization of the studio, camera upgrading, the installation of Beta production facilities and an automated on-air service. It also indicated that there are no capital improvements required to either its studio or transmitters and that only normal maintenance, additions and replacements are foreseen during the new licence term.
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In renewing these licences, the Commission also authorizes the licensee to make use of the Vertical Blanking Interval. The Commission expects the licensee 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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With respect to services for the deaf and hearing impaired, the licensee stated that it utilizes the vertical blanking interval to distribute approximately 185 hours of CBC-provided closed-captioned programs each year. While it stated that it does not envisage close-captioning its local programs in the next licence period, the licensee indicated that it would "like to continue investigating installing a computer ... at least for scripted portions of the news". The Commission notes that the licensee has already computerized its studio which should facilitate its ability to undertake local closed captioning and, accordingly, it encourages NBB to pursue this initiative more actively in order that CHSJ-TV, during the first year of the new licence term, may provide at a minimum, closed-captions for the headlines and appropriate scripted portions of its local newscasts.
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The Commission also expects CHSJ-TV to acquire a telephone device for the deaf (TDD) during the first year of the new licence term and to install it wherever is most appropriate, such as in the master control room, to ensure access to the station by deaf and hearing-impaired viewers over the entire broadcast day.
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In addition to the interventions mentioned previously, the Commission wishes to acknowledge the intervention presented at the hearing by the Atlantic provinces' regional component of the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) which encouraged the licensee to produce programs "by and about Maritimers", as well as the interventions by the Canadian Association of Broadcasters and the national office of ACTRA, both of which are addressed in the Public Notice introducing this and other television renewal decisions released today.
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Fernand Bélisle
Secretary General
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APPENDIX
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Conditions of licence for CHSJ-TV Saint John, and its rebroadcasting undertakings CHSJ-TV-1 Bon Accord, CHMT-TV Moncton, CHSJ-TV-2 Doaktown, CHSJ-TV-3 Boiestown, CHSJ-TV-4 Parker Ridge, CHCN-TV Newcastle/Chatham and CHCR-TV Campbellton
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1. The licensee shall operate CHSJ-TV Saint John, CHSJ-TV-1 Bon Accord and CHMT-TV Moncton as affiliates of the English-language television network operated by the Canadian Broadcasting Corporation.
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2. The licensee shall operate CHSJ-TV-2 Doaktown, CHSJ-TV-3 Boiestown, CHSJ-TV-4 Parker Ridge, CHCN-TV Newcastle/Chatham and CHCR-TV Campbellton, New Brunswick, as part of the English-language television network operated by the Canadian Broadcasting Corporation with the programs received part-time from CHSJ-TV Saint John and part-time from studios located at Saint John, New Brunswick.
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3. The licensee shall adhere to clauses 2 and 3 of the 10 September 1986 agreement between it and the Canadian Broadcasting Corporation, as well as to schedule A which is referred to in clause 2 and which requires that CHSJ-TV broadcast a weekly minimum of 88 hours 50 minutes of CBC-originated programming.
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4. 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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5. 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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