|
Decision
|
|
Ottawa, 15 November 1989
|
|
Decision CRTC 89-842
|
|
H.F. Dougall Company Limited
|
|
Thunder Bay, Ontario - 883269300
|
|
Following a Public Hearing in the National Capital Region commencing 27 June 1989, the Commission renews the broadcasting licence for CJSD-FM Thunder Bay from 1 January 1990 to 31 August 1992, subject to the conditions specified in this decision and in the licence to be issued. This term will enable the Commission to assess, at an early date, the licensee's adherence to the commitments contained in its Promise of Performance.
|
|
During the current licence term, the Commission had requested the licensee to submit its logger tapes of the programming broadcast by CJSD-FM during the week of 12 to 18 February 1989. Due to incorrectly identified logger tapes, the Commission received the programming tapes for the period of 11 to 17 February 1989. Nonetheless, the Commission is satisfied that the submitted tapes are representative of CJSD-FM's weekly programming. Based on the analysis of a large sample of the programs intended to be in the foreground format, the Commission estimated that the station's weekly amount of foreground material was low at 12%. The Commission requires that joint licensees broadcast a minimum level of 15% foreground material each week. The licensee explained at the hearing that certain programs which it had claimed as foreground had been disqualified due to program length and the failure of some acquired Canadian syndicated programming to meet foreground requirements.
|
|
At the hearing, the licensee also indicated that it has already taken measures to ensure future compliance. Specifically, the licensee has undertaken daily tabulations and random spot checks of the programming which will allow the station to compensate with additional foreground if a shortfall were revealed. The Commission notes that the licensee described other safeguards to ensure the compliance of syndicated programming with the foreground requirements.
|
|
The Commission views with concern CJSD-FM's non-compliance. The Commission considers that control mechanisms should have been instituted earlier as a normal management practice.
|
|
As part of the station's licence renewal application, the licensee has proposed to amend its Promise of Performance by changing the currently authorized Group I musical format to a Group IV format. The Commission notes in this respect that the aforementioned analysis of the station's programming revealed in fact that CJSD-FM was operating in the proposed musical format.
|
|
At the hearing, the licensee pointed out that its non-compliance in this regard was due to a difficulty in correctly identifying whether certain selections were soft or hard rock. The licensee stated that subsequent information provided by the Commission, the use of more music charts, including the AOR charts, and the implementation of daily music playlists have resulted in CJSD-FM's compliance with its authorized format.
|
|
In light of the station's non-compliance problems, the Commission is not prepared to approve the amendment to CJSD-FM's musical format. As it has done in previous cases and until the licensee is in compliance, the Commission denies the proposed change in musical format. Accordingly, the Commission requires the licensee to submit a revised Promise of Performance within three months of the date of this decision.
|
|
The Commission has, however, considered the licensee's proposal to decrease the weekly level of spoken word programming from 22 hours 28 minutes to 14 hours 55 minutes, including a reduction in news content from 5 hours 45 minutes to 2 hours 52 minutes each week. At the hearing, the licensee explained that it intends to focus on "local newscasts originating from Thunder Bay with Thunder Bay stories". While reducing the actual length of each newscast, the licensee pointed out that the frequency and the number of CJSD-FM newscasts will remain unchanged and that the proposed time allotment to news is a minimum figure which may, on occasion, be exceeded.
|
|
Moreover the licensee has also committed to continue producing a 30-minute public affairs magazine "Thunder Bay Today" broadcast each weekday. Further, the Commission notes that CJSD-FM will continue to broadcast the current level of enrichment material (9 hours 33 minutes).
|
|
In view of all of the foregoing, the Commission approves the proposed reductions in spoken word and news programming.
|
|
The licensee has also requested a decrease in its amount of category 6 (Traditional and Special Interest) music. At the hearing, the licensee stated that two programs, "Rock of the New Dawn" and "Jazz Inspiration", have not succeeded in capturing significant audiences, despite the station's attempts at rescheduling and, in the case of the former show, changing the program host. The Commission also notes that CJSD-FM has in the past scheduled both folk and classical music programming with limited success.
|
|
The Commission has considered the licensee's arguments in this regard and notes the efforts made by the licensee to meet the current level of category 6 music. In view of all the foregoing, the Commission approves the proposal to reduce category 6 music from 8 hours to 4 hours each week. Notwithstanding the above approval, the Commission encourages the licensee to schedule the proposed jazz program "Jazz at Dawn" at more convenient time periods for exposure to more listeners.
|
|
With respect to the licensee's failure to provide the particular logger tapes requested by the Commission, the licensee advised the Commission at the hearing of the station's procedures that will ensure future compliance to this fundamental provision. The licensee stated that a back-up logger machine was in place and operating and that a staff signature will now be required following the verification of logger tapes.
|
|
The Commission reminds CJSD-FM of its obligation, pursuant to subsections 8(5) and 8(6) of the Radio Regulations, 1986 (the regulations), to retain and furnish upon request "a clear and intelligible tape recording or other exact copy of all matter broadcast" for a period of at least four weeks from the date of broadcast.
|
|
The Commission will continue to monitor the programming of CJSD-FM during the new licence term to assess the effectiveness of all the measures put in place by the licensee to ensure its compliance. In this respect, the Commission reminds the licensee that it is expected to comply at all times with Commission policy, regulations and the commitments in CJSD-FM's Promise of Performance.
|
|
The Commission reaffirms the particular importance it attaches to the development of Canadian talent and is satisfied with the annual budgets allocated by the licensee in its renewal application and in letters to the Commission dated 14 July and 15 August 1989. It expects the licensee to respect its commitment to spend at least $20,550 each year during the new licence term through its various initiatives for the support, development and on-air exposure of local and regional talent. The Commission acknowledges the intervention received from the Canadian Independent Record Production Association suggesting that CJSD-FM increase the amount of Canadian musical selections broadcast each week as part of an amended Promise of Performance. In reply, the licensee indicated that an increase at the present time is unwarranted and that the intervener's arguments would best be considered in the context of the upcoming review of the Commission's FM radio policy. The Commission is satisfied with the licensee's response.
|
|
The Commission also acknowledges the eight supporting interventions received from the city of Thunder Bay, local businesses, organizations and a resident of Thunder Bay.
|
|
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.
|
|
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.
|
|
Fernand Bélisle
Secretary General
|
|
|