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Decision
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Ottawa, 14 July 1989
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Decision CRTC 89-459
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Cariboo Central Interior Radio Inc.
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Prince George and Vanderhoof, British Columbia - 883151300
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At a Public Hearing in Vancouver on 20 February 1989, the Commission considered an application by Cariboo Central Interior Radio Inc. (Cariboo) for the renewal of the broadcasting licences for CIRX-FM Prince George and CIRX-FM-1 Vanderhoof (formerly CIBC-FM and CIBC-FM-1). The Promise of Performance filed with the application indicated that the licensee proposed to operate the station in a Group II (Rock and Rock-harder) musical format, rather than the currently authorized Group I format (Softer Pop-Rock). The new Promise of Performance also proposed a decrease in the level of news content to be broadcast each week.
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On 10 September 1987 (Decision CRTC 87-740), the Commission renewed the licences for CIRX-FM and CIRX-FM-1 for a period of two years only because of shortcomings in the licensee's performance with respect to its Promise of Performance, in particular the station's music format, foreground programming and excessive use of hit material. During the current licence term, the Commission conducted an analysis of CIRX-FM's programming for the week of 21 to 27 August 1988 which revealed several compliance problems.
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The analysis indicated that CIRX-FM was operating in a Group IV music format, rather than in its authorized Group I format. While the station is currently required to broadcast at least 70% of its popular music from subcategory 51, the analysis indicated a level of 62.1%. At the hearing, the licensee explained that the station's classification of uncharted category 5 music selections did not always agree with the Comission's classifications. Station staff have since consulted with Commission staff in order to have a better understanding of the criteria for the categorization of uncharted material and the licensee has undertaken to re-classify its music library. The licensee also provided the Commission with a self-analysis of the programming broadcast on 17 February 1989 as evidence of its compliance with its subcategory 51 requirement.
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With respect to the licensee's use of hit material, the analysis of the programming broadcast in August revealed that CIRX-FM had broadcast a level of 54.1% hits, which is in excess of its commitment of a maximum of 49%. The licensee stated at the hearing that, effective 5 September 1988, it had substituted nine hours of hit-oriented syndicated programming. The licensee pointed out that the new programs should contain less hit material.
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In this respect, the Commission reiterates that it expects Cariboo to ensure that the weekly level of hits remains consistently below 50% of all popular music selections broadcast, in accordance with the commitment made by the licensee's in its Promise of Performance and with the Commission's FM policy.
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The Commission further notes that the analysis revealed a shortfall in category 6 music (Traditional and Special Interest). In a letter dated 10 January 1989, the licensee was informed that calculations for this music should be based on the actual "needle-time" of the musical selections rather than the entire program during which such selections were played.
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The licensee stated at the hearing that, to ensure that it meets the required level of 8 hours each week of category 6 music, it will schedule at least 10 hours of such programming. The licensee added that the station intends to replace the Canadian syndicated program "Steps Ahead" with "Jazz Inspiration" which, it is confident, will qualify as category 6 material.
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Subsections 8(5) and 8(6) of the Radio Regulations, 1986 (the regulations) require each licensee to retain and furnish to the Commission upon request "a clear and intelligible tape recording or other exact copy of all material broadcast" for a period of at least four weeks from the date of the broadcast. In this respect, the licensee was unable to provide the Commission with complete and audible logger tapes for the programming between 6:00 a.m. and noon on Monday, 22 August 1988.
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At the hearing, the licensee indicated that it had reviewed all of the tapes before shipment and it was at a loss to explain the poor audio quality of these six hours of programming. At the hearing, the licensee explained that it is company policy to retain back-up tapes for 90 days. However, since the Commission did not inform the licensee of the missing portion of the tapes until 24 January 1988, CIRX-FM was unable to provide a substitute.
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The Commission reiterates the importance of ensuring that appropriate measures are taken to make certain that its regulations are adhered to at all times and will closely monitor the licensee's performance in this regard during the new licence term.
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In its application for licence renewal, the licensee proposed to operate CIRX-FM in the Group II (Rock and Rock-harder) music format.
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In support of this proposal, the licensee explained that a local rock-oriented FM station would increase diversity in the market while enabling CIRX-FM to serve a younger "under-served" demographic (persons 18 to 34 years of age). It argued that a "rock music station would repatriate listeners from Vancouver stations. There is no doubt about the demand for such a service (and) ... that (it) will ... serve the business community..." seeking to reach a younger audience. In this respect, the Commission notes the licensee's statement at the hearing that four local stations compete for listeners and that "advertisers must buy the more expensive AM stations' (advertising time) rather than being able to truly target their advertising." Noting the fragile financial situation of CIRX-FM in the past, the licensee contended that the proposed change in format "will finally give CIRX-FM the distinct product that will allow it to become a commercial success."
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In light of the non-compliance problems related to the unauthorized shift to a Group IV music format, the continued high level of hits despite the present short-term renewal for shortcomings in this area of its performance, the shortfall in category 6 musical selections, and with regard to the provision of complete logger tapes, the Commission has decided to renew the licences for CIRX-FM and its rebroadcaster CIRX-FM-1 for a period of one year only.
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Accordingly, the Commission renews the broadcasting licences for CIRX-FM and CIRX-FM-1 from 1 September 1989 to 31 August 1990, subject to the conditions specified in this decision and in the licences to be issued. The stations will operate in accordance with the currently authorized Group I music format.
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Further, the Commission is not prepared to consider most of the proposed amendments to the Promise of Performance until it has conducted further analyses of the programming broadcast by CIRX-FM. The Commission considers that this practice ensures fairness to all broadcasters and safeguards the integrity of the licensing process.
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In particular, the Commission expects the licensee to operate at all times in accordance with the commitments contained in its currently authorized Promise of Performance, particularly with respect to its use of hits and the level of category 6 music selections. The Commission hereby puts the licensee on notice that any deviation from the obligations and requirements set out in this decision and its Promise of Performance may jeopardize the further renewal of its licences.
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As it has done in previous cases, and until the licensee is in compliance, the Commission denies the proposed change in music format.
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The Commission has, however, considered the licensee's proposal to decrease the weekly level of news content from 6 hours to 4 hours 6 minutes. The Commission notes that this market is well served with respect to news content and that adequate coverage could be achieved within the proposed schedule. Accordingly, the Commission approves the proposed reduction in news.
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With respect to Canadian talent development, the Commission notes that the licensee, as clarified in a letter dated 2 March 1989, has committed up to $11,000 in direct expenditures during the 1989/90 broadcast year for the acquisition of Canadian syndicated programming. Further, Cariboo undertook to assist local artists in the production of demo tapes of original compositions, at a direct cost of $4,880. Cariboo will also contribute $600 to FACTOR. The Commission reaffirms the particular importance it attaches to the development of Canadian talent and encourages the licensee to continue its efforts during the new licence term.
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It is a condition of licence that the licensee adhere to the Canadian Association of Broadcasters' (CAB) self-regulatory guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.
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It is also a condition of licence that the licensee adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
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An intervention was received from the Canadian Independent Record Production Association stating that all FM radio stations should be required to broadcast a minimum of 30% Canadian content. In reply, Cariboo stressed at the hearing that its current commitment of 20% Canadian content is a minimum to be exceeded.
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Also, the Commission notes the intervention received from Radio Station CKPG Limited, licensee of CKPG Prince George, expressing concern that the proposed format changes would duplicate its service and has taken note of Cariboo's reply.
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The Commission acknowledges the supporting interventions received from an elected official, local businesses, syndicated programming companies, local organizations and area residents.
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The Commission notes that Cariboo also operates an AM radio station. At the hearing, the licensee was reminded of its obligation to provide separate annual financial results for each licensed undertaking. The licensee is required to report within three months of the date of this decision outlining an acceptable cost allocation system which will enable it to file revenue and expense statements for each of its licensed undertakings on a stand-alone basis.
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Fernand Bélisle
Secretaty General
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