ARCHIVED -  Decision CRTC 89-95

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Decision

Ottawa, 6 April 1989
Decision CRTC 89-95
Canadian Broadcasting Corporation
Toronto, London, Kitchener, Sarnia, Chatham, Wingham, Wiarton, Geraldton, Manitouwadge, White River, Wawa, Marathon, Beardmore, Hornepayne, Ontario -881094700
Following a Public Hearing in Toronto on 3 October 1988, the Commission renews the broadcasting licences for CBLT Toronto and its rebroadcasting undertakings from 1 September 1989 to 31 August 1994, subject to the conditions of licence specified in the appendix to this decision and in the licences to be issued.
During the course of the hearing and in its application, CBLT described its unique position among CBC's owned-and-operated stations since it shares production facilities with the CBC's English-language television network.
At the hearing, the licensee described CBLT's primary market area as reaching west to the London, Kitchener/Waterloo region, north to Collingwood/Midland, east to Peterborough and Cobourg and south to the Niagara Falls/Welland area. With the exception of those communities in the province that are served by private stations affiliated to the CBC, Eastern Ontario which is served by CBOT Ottawa, and CBET Windsor's coverage area in the southwest portion of the province, CBLT and its rebroadcasters provide the CBC's English-language television network service to about 5 million Ontarians. As a result, CBLT considers that it has a responsibility to provide a certain amount of programming that reflects the interests of its viewers as citizens of Ontario. Although items of local interest to many of the smaller communities in CBLT's coverage area are regularly featured in CBLT's news and information programming, the station does "not intend to nor try to be a local station for ... all these small places".
According to the existing Promise of Performance for CBLT, the licensee has committed to broadcast 15 hours 10 minutes per week of original local programming. The Commission notes that budget cuts imposed on the CBC in recent years have had considerable effect on the production and telecast of local programming. In CBLT's case, "the impact has been approximately $2 million. Nearly 25 positions disappeared and nearly 350 hours of original programming has been lost to our viewers".
In the area of news and information, the cuts necessitated the cancellation of the 2-hour weekday program "CBLT Morning", the loss of community programming such as the "Neighbourhood" series, the "Concerts In the Park" series, and other variety and community specials. CBLT indicated, however, that it has been negotiating with the independent production sector in order to restore some additional community programming to its schedule.
In a further attempt to offset these losses, CBLT has recently made improvements to its news and information programming by establishing an investigative unit and increasing the volume of regional stories in its newscasts, and has proposed scheduling several on-location versions of the supper-hour news show. CBLT has also co-operated with CBET Windsor and CBOT Ottawa to produce "This Week in Ontario", "Dateline Ontario" and province-wide weekend news programs.
Currently, CBLT broadcasts 10 hours of news and information programming weekly, including its supper-hour and late-night newscasts, and the weekly public affairs program entitled "Monitor".
The Commission notes CBLT's development of and participation in the 13-part $4.2 million ethnic drama series "Inside Stories", which it co-produced with an independent producer. The series, which also involves the participation of the network, Telefilm Canada and the provincial government, features stories written, directed and performed by members of Toronto's various ethnic communities. The Commission notes CBLT's intention to co-produce another series of "Inside Stories" in the new licence term, depending on the public's response to the first.
The Commission notes the intervention submitted by the Alliance of Canadian Cinema Television and Radio Artists (ACTRA) expressing concern about the importance of maintaining a professional pool of creative talent for local drama and entertainment productions on CBC stations. ACTRA strongly supports the development of local and regional talent and takes issue with the centralization of decision-making at the network level in respect of the production funds allocated to individual CBC television stations.
The Commission stresses the important role of local stations in the development and promotion of musical and other local talent and acknowledges that recent decreases in local production budgets have made it more difficult for CBC owned and operated stations to continue to provide regular musical and variety programming. The Commission notes that although CBLT does not broadcast a regular locally-produced musical/variety series, its initiatives in this area over the current licence term have included charity specials, awards programs, the annual Caribana Parade, and "Telefest", a showcase for young Ontario film makers.
In its application, CBLT outlined its plans to enhance its musical talent/variety programming with a proposal to broadcast four variety specials in 1988/89 for a total production cost of $435,000. In addition, it indicated that it is negotiating with producers from the private sector to co-produce more "Concerts In the Park" programs.
Amongst CBLT's contributions to programming at the network level, the Commission acknowledges its contributions to the network drama series "The Way We Are". In addition, CBLT stated that many of the documentaries it produces for its news and public affairs programs are carried on network shows such as "The Journal" and "Midday".
With respect to children's programming, the Commission notes that for the new licence term, CBLT intends to continue to make weekly contributions to CBOT Ottawa's production of "Switchback" and to produce two or three episodes itself each year.
An area of some concern to the Commission was the extent to which CBLT had adhered to the expectation set out in Decision CRTC 81-885 that the station reflect matters of particular interest to viewers served by its Geraldton, Manitouwadge, White River, Wawa, Marathon, Beardmore and Hornepayne transmitters. In response to questioning at the hearing, station officials admitted that while the licensee had given an undertaking to do so, other than three or four half-hour presentations of particular relevance to viewers in Northern Ontario, budget reductions had forced it to "retrench" and that its "ability to relate more than ... headline(s)" is limited.
The Commission notes, however, that CBLT has featured a number of half-hour presentations of particular interest to Northern Ontario viewers over the past three years on its public affairs series "Monitor" and has committed to continue this approach during the next licence term. In this respect, the Commission encourages the CBC to develop means to meet more fully the needs of viewers of CBLT's rebroadcasters, and expects the CBC to report by the end of the third year of the new licence term on how CBLT has met these needs and on further measures it intends to undertake to improve this aspect of its service for the rest of the licence term.
The Commission acknowleges CBLT's active participation with the Canadian independent production industry. Over and above the eleven projects noted in its application under "past and current" involvement with independent film and video production companies, CBLT intends to continue to develop such projects as a home show, a weekly entertainment program, a variety series and a number of specials. The Commission considers independent program producers to be a vital Canadian resource and encourages the CBC to continue its efforts to develop such projects at the local and regional level.
The Commission notes that in its renewal application, CBLT committed to provide 12 hours 22 minutes per week of original local production, a level that is 2 hours 48 minutes less than the amount contained in the June 1981 Promise of Performance. At the hearing, the CBC stated that this reduction is largely the result of the Corporation's Canadianization plan and CBLT's requirement to carry more network programming, and referred to occasional specials that will augment this proposed level of production. The Commission expects the licensee to ensure that CBLT, at a minimum, achieves the level of local production set out in the Promise of Performance submitted as part of its licence renewal application.
According to financial projections in its renewal application, CBLT will expend $8,354,000 on Canadian programming in the first year of the new licence term, increasing to $9,507,000 in year five. In accordance with the percentage allocations for local productions filed by the licensee, the Commission notes that virtually all of these expenditures will be for local productions, as CBLT intends to continue to earmark 2% of its Canadian programming expenditures for projects with the independent production community.
The Commission notes CBLT's commitment to expend $26,000 in each year of the new licence term for script and concept development in under-represented categories: specifically, $11,000 for drama, $1,000 for children's programming, $5,500 for Canadian musical talent, $1,500 for variety and $7,000 for documentaries. The Commission further notes that CBLT has specified that these amounts are to be spent on programs for local broadcast and refers the licensee to the program development expenditure criteria set out in the Public Notice introducing this and other television renewal decisions released today.
CBLT has also committed to budget over $200,000 for production and transmitter-associated technical improvements, including the acquisition of a new switcher and video effects unit and replacement of the existing audio console.
The Commission notes the CBC's intention to make available to each of its English-language regional television stations, an additional 30 minutes per week of local programming in the evening, as referred to in the Public Notice introducing this and other renewal decisions released today. In this respect, the Commission requires the CBC to report before the end of the third year of the new licence term on its precise plans to implement additional local production on CBLT. Should this result in a substantial variation in the weekly level of local production as set out in Schedule I of the Promise of Performance, CBLT should so advise the Commission.
As part of its renewal application, the CBC also requested that the Commission not reattach the condition of licence which stipulates:
It is a condition of licence that CBC not solicit any advertisements from the area to be served by the Blenheim/Chatham, Kitchener, London, Sarnia and Wingham, Ontario transmitters.
CFPL Broadcasting Limited (CFPL), licensee of CFPL-TV London appeared at the hearing to intervene against the CBC's request and maintained that allowing the CBC to solicit local advertising would have an impact on its "ability to achieve [the] revenue forecasts on which our commitments are built".
The Commission is not convinced that a departure from its policy, as stated in Public Notice CRTC 1988-131 dated 5 August 1988, regarding local television advertising is justified in this case. Further, it considers that its reasons for imposing this condition, as set out in Decision CRTC 87-332 dated 1 May 1987 are still valid. Accordingly, the Commission has decided to reattach this condition of licence.
In response to the written interventions submitted by the Canadian Association of the Deaf and the Ontario Closed Caption Consumers, the Commission has noted the CBC's plans with regard to its regional stations, as discussed in the Public Notice introducing the decisions released today. In this respect, the Commission expects CBLT to acquire as soon as possible, the necessary equipment to caption, at a minimum, headlines and appropriate scripted portions of its early evening newscasts during the new licence term.
In renewing these licences, the Commission also authorizes CBLT 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)".
The Commission also expects CBLT to acquire a telephone device for the deaf (TDD) during the first year of the new licence term and install it wherever it 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.
The Commission received a number of other interventions both supporting and opposing the licence renewal of CBLT. The Association of Television Producers and Directors (ATPD) of Toronto, represented by Mr. David Barlow, indicated its support for the Canadianization strategy, but expressed reservations that because of the perception of CBLT as a network station, resources for local production might not be made readily available to this station. ATPD is of the view that, in this particular case, network production would increase at the expense of local programs.
Mr. David Brough of the Hillsburg International Communications Institute also appeared at the hearing to encourage the use of more community resources in CBLT's local programming and to indicate his concern that too much emphasis was placed on news and information programming. It was Mr. Brough's contention that if additional production and artistic talent was utilized at the local level, more programming in the variety and entertainment area could be developed.
The CBC indicated that it "will be working on a distinctive plan for CBLT" in the context of the Canadianization strategy and that in doing so it would take into account the concerns raised by these interveners.
Having assessed CBLT's past accomplishments as reviewed at the Toronto hearing, including the station's news and public affairs programming and network contributions, and taking into account the licensee's commitments for the next five years, particularly its co-production initiatives with the independent production community, the Commission is satisfied that CBLT's licence should be renewed for a full term.
Fernand Bélisle
Secretary General
APPENDIX
Conditions of licence for CBLT Toronto and its rebroadcasting undertakings CBLN-TV London, CBLN-TV-1 Kitchener, CBLN-TV-2 Sarnia, CBLN-TV-3 Chatham, CBLN-TV-4 Wingham, CBLN-TV-5 Wiarton, CBLAT Geraldton, CBLAT-1 Manitouwadge, CBLAT-2 White River, CBLAT-3 Wawa, CBLAT-4 Marathon, CBLAT-5 Beardmore and CBLAT-6 Hornepayne, Ontario
1. It is a condition of licence that the CBC not solicit any advertisements from the area served by the Blenheim/Chatham, Kitchener, London, Sarnia, Wingham, Ontario transmitters.
2. The licensee shall adhere to the CBC guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission. Until such time as the Commission has approved the revised CBC guidelines, the CBC shall adhere to its current guidelines on sex-role stereotyping (as set out in Part C of Appendix A to Public Notice CRTC 1986-351 dated 22 December 1986) and, as a minimum, to the CAB's guidelines on sex-role stereotyping, as amended from time to time and approved by the Commission.
3. The licensee shall adhere to the standards for children's advertising set out in the Corporation's Advertising Standards Policy C-5 dated 4 June 1986 and entitled "Advertising Directed to Children Under 12 Years of Age", as amended from time to time and approved by the Commission, provided that the policy meets as a minimum the standards set out in the CAB's The Broadcast Code for Advertising to Children, revised in January 1988, as amended from time to time and approved by the Commission.
Further, the licensee shall not broadcast any commercial message during any child-directed programming or any child-directed commercial message between programs directed to children of pre-school age. For the purpose of this condition, programs directed to children and scheduled before 12:00 noon during school-day morning hours will be deemed to be programs directed to children of pre-school age.

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