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Public Notice
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Ottawa, 19 February 1990
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Public Notice CRTC 1990-21
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FRENCH-LANGUAGE POPULAR MUSIC
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Related documents: Public Notices CRTC 1985-100 dated 22 May 1985; 1986-67 dated 19 March 1986; 1988-84 dated 26 May 1988; and 1989-45 dated 11 May 1989; Decision CRTC 89-458 dated 10 July 1989; and Notice of Public Hearing 1989-8 dated 11 August 1989.
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1.Background
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At a Public Hearing held in Montreal beginning on 7 November 1989, the Commission heard interventions by representatives of broadcasters, record companies, and the concert and music industries in order to assess the situation in terms of the availability and distribution of French-language popular music and to determine the appropriate levels. The Public Hearing followed a temporary reduction in the required level of French-language popular music. Under this reduced requirement, all AM stations were authorized to decrease temporarily their French-language popular music content from 65% to 55%. Some FM stations were also allowed to reduce their levels to 55% as an absolute minimum.
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This temporary measure was taken following the report of the consultative committee, which was created in 1985 to seek solutions to problems of availability and distribution of French-language material. In Public Notice CRTC 1986-67, the Commission described a number of the consultative committee's recommendations, and promised to review the question after a two year experimental period. This temporary measure was taken to permit the implementation of incentive programs for the production of French-language material, as proposed by the consultative committee.
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2.The Commission's decision
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a) French-language popular music content
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The Commission decided that a return to the 65% French-language popular music content requirement for all French-language AM and FM stations is justified, irrespective of station format or market. A number of studies submitted to the Commission in the context of this public hearing reveal a notable improvement in the quality of French-language Canadian material since 1986, and the Commission feels that enough French-language material is now available to allow the stations to reach this level.
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b) Calculation of French-language popular music content
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The Commission has decided to continue calculating content levels for AM and FM radio on a weekly basis. This measure should give broadcasters the flexibility they have requested: it will allow them to achieve the distinctive sound they desire in the various portions of the broadcast day or week and include special broadcasts in their program schedules from time to time. However, the Commission expects French-language broadcasters to maintain a reasonable distribution of French-language popular music throughout the day and week, and will monitor closely their performance in this area.
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c) Canadian content of French-language popular music
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The Commission feels that a minimum content requirement over and above those prescribed in the Regulations Respecting Radio (AM) Broadcasting or the Policy on FM Radio is unwarranted. The Commission nonetheless encourages French-language broadcasters to achieve a 50 per cent level of Canadian content of French-language popular music selections.
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d) Role of English-language radio stations
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The Commission is of the view that the primary role of an English-language radio station operating within a predominantly francophone area is first and foremost to provide a service to the anglophone residents of that area. Therefore, the Commission feels that the imposition of a higher level of French-language popular music on these stations cannot be justified. Rather, it encourages them to continue providing on-air promotion and financial assistance for Canadian talent in the markets they serve.
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e) Incentives for the production of French-language recordings
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In view of the success achieved to date, the Commission strongly encourages the broadcasters and other organizations responsible for the various incentive programs for French-language recordings and francophone talent searches to continue their efforts to increase the availability of quality French-language material. In addition, the Commission strongly supports the establishment of a liaison committee of representatives from the recording and radio industries as proposed by the Association canadienne de la radio et de la télévision de langue française Inc. (ACRTF).
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3. Studies and Comments
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For the first time in the history of Canadian broadcasting, the French-language broadcasting industry (represented by ACRTF) and the French-language record industry (represented by ADISQ) joined forces to present a study to the Commission. This study was divided into three parts:
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- Distribution, broadcasting and promotion of French-language vocal music (ACRTF)
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- Availability of French-language vocal music in Canada: economic and industrial context (ADISQ)
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- Musical listening habits of the French-language Québécois (CROP Survey)
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The first study dealt with the economic and industrial situation of the broadcasting industry, the various methods used by broadcasters to obtain musical material, the scheduling of musical material and the promotion of Canadian music.
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In the second study, attention was given to an economic and industrial overview of the evolution of record sales and releases, in Canada and abroad. The third study consisted of the results of a survey conducted among francophone consumers to discover their broadcasting and recording needs and interests.
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The Commission found these studies to be of considerable assistance in assessing the present situation, and it thanks both organizations for their joint effort.
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3.The intervenors' positions
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a)The broadcasting industry
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French-language broadcasters were represented at the Public Hearing by ACRTF, Radio Futura Ltée, the Canadian Broadcasting Corporation (CBC), the Association des radiodiffuseurs communautaires du Québec Inc. (ARCQ), and Gens de la radio. English-language broadcasters were represented by CHUM Limited and Standard Broadcasting Ltd.
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ACRTF
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ACRTF stipulated that the Commission's decision should consider three important factors. The first dealt with the difficulties facing regional broadcasters in trying to obtain French-language recordings, which in turn diminishes their ability of broadcast the required level of French-language music.
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The second consideration concerned the transfer of francophone audiences to English-language stations, as revealed in the audience figures submitted as part of the study. According to ACRTF, the viability of French-language radio stations is of paramount importance if we are to ensure the broadcast of francophone material, and this viability depends to a great extent on those stations' ability to repatriate a portion of the francophone audiences which tune into English-language stations.
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The third point raised by ACRTF related to the need to ensure the survival of AM stations, who are currently in a precarious financial position, by allowing them the weekly and daily scheduling flexibility they need in order to claim back a certain portion of their audience.
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ACRTF recommends that the existing requirements of 65% for FM stations and 55% for AM stations be adopted on a permanent basis. The group suggests that the Commission grant some exemptions in accordance with six criteria:
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- the station's musical format;
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- the relative availability of material;
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- the competitive environment;
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- other requirements relating to spoken word and music content applicable to the station;
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- other measures implemented voluntarily by the station; and
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- the historical context of station operations.
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ACRTF recommends that the Commission apply the above requirement on a weekly, rather than daily, basis, and that there be no increase in the French-language popular music requirement applicable to English-language stations. It recommends that French-language stations be given all the flexibility they need to try to repatriate francophone listeners.
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In order to continue encouraging and promoting French-language popular music, ACRTF makes two very interesting proposals:
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- the creation of a bank of new talent, involving the allocation of air time by all French-language radio stations to promote artists releasing their first record; and
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- the establishment of a permanent liaison committee of representatives from the recording and broadcasting industries with a view to solving the current marketing, promotion and radio station procurement problems and developing new promotional activities.
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Radio Futura Ltée
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CKOI-FM is one of the French-language FM stations that are currently broadcasting 55% French-language popular music as a condition of licence. Radio Futura endorses ACRTF's recommendation, and requests the Commission to continue to grant it an exemption by virtue of its progressive rock format, which requires it to broadcast a high level of non-popularized selections. Radio Futura added that it is losing its audience to English-language stations, and claims that this is the primary cause of the erosion of its profits over the last two years. Radio Futura is opposed to increasing the level of French-language popular music on English-language stations, arguing that it would undoubtedly aggravate audience transfer.
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The Canadian Broadcasting Corporation
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In general, the Corporation recommends that AM and FM stations maintain a level of 65% calculated on a weekly basis, but that exceptions be made for some FM stations in accordance with the following factors:
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- the distribution of French-language music throughout the program schedule;
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- the station's success in promoting Canadian French-language music;
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- the station's previous levels of French-language music content; and
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- competition within the market.
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In an effort to provide alternate solutions to the problems outlined by broadcasters, the Corporation suggested increasing the number of older selections on station playlists and developing mechanisms designed to improve product distribution in small markets.
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CHUM Limited
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The licensee for stations CHOM-FM and CHTX Montreal feels that the same French-language popular music content requirements should apply to all English-language stations operating in predominantly francophone markets. It submits that the role of English-language radio broadcasters is to serve the anglophone residents of their markets and promote French-language vocal music which is compatible with the sound of their stations.
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Standard Broadcasting Ltd.
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The licensee for CJFM-FM and CJAD Montreal is opposed to any increase in the current level of 5% French-language popular music applicable to English-language radio stations. It says that its role is to promote new English-speaking Canadian artists and local francophone stars. It says it already promotes the French-speaking artists of Quebec through on-air promotion and its substantial contributions to MusicAction.
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ARCQ
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ARCQ favours the minimum weekly requirement of 65% French-language popular music "[TRANSLATION] in markets where the concentration of francophones permits", and says French-language popular music should not be shunted into off-peak listening periods. However, ARCQ is greatly concerned with the difficulties encountered by community stations in trying to procure French-language material, and the fact that the record companies do not seem interested in providing such material to them because these stations have limited coverage or because they are not located near large cities.
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Gens de la radio
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This organization does not recommend a specific level of French-language popular music content; rather, it suggests that radio broadcasters give special attention to French-language songs every day. It also proposed calculating content on the basis of air time rather than the number of selections. With a view to encouraging young artists, Gens de la radio proposes "[TRANSLATION] the establishment of a production assistance program to provide distribution support for songwriters and performers who cannot take advantage of well established programs like MusicAction because they are just starting out in their careers". They also propose a tax shelter to stimulate private investment in the recording and radio industries.
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With regard to English-language stations, Gens de la radio suggests that they be required to broadcast a level of French-language music equal to the level of non-French-language material played by French-language stations.
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(b)The recording industry
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The recording industry was represented by Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ), Union des artistes (UDA), and Société professionnelle des auteurs et des compositeurs du Québec (SPACQ).
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ADISQ
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In its written as well as oral interventions, ADISQ requested that more on-air exposure be given to francophone artists on French-language radio stations. According to ADISQ, the broadcasting of French-language music has a direct impact on record sales, and consumers surveyed quoted radio as the primary inducer to buy records. Studies submitted by ADISQ reveal there was an improvement in the quality of French-language Canadian recordings, as evidenced by the number of cuts per album that are now being broadcast. According to this group, this qualitative increase has a direct impact on the availability of French-language selections, and should ensure that the number of selections available is sufficient to meet a 65% requirement.
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Furthermore, according to the results of the consumer survey, it appears that 43% of the people surveyed believe that French-language broadcasters do not play enough music from francophone Québecois artists, while 2% find that too much is being aired.
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ADISQ recommends that the minimum requirement of 65% -- calculated daily and based on four-hour periods between 6 a.m. and 6 p.m. -- be reinstated for all AM and FM stations. It also stresses that French-language popular music should be featured during peak listening periods to reach as many listeners as possible, and suggests that no exceptions be made on the basis of format or market.
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ADISQ says that the principal role of French-language radio is "[TRANSLATION] to disseminate and promote our music and songs". The organization feels that enough material is now available to ensure musical diversity, and it does not believe that the artists involved will suffer from overexposure if their records are played slightly more often.
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ADISQ says it is prepared to sit on the committee proposed by ACRTF to provide liaison between the recording and radio industries.
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UDA
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UDA recommends that the 65% requirement -- calculated on a daily basis between 6 a.m. and 6 p.m. -- be reinstated for all AM and FM stations. This measure should produce a better spread of French-language selections and greater access to the largest audiences. It would allow exceptions depending on availability in certain music formats, which should be determined and analyzed by the Commission. UDA feels that a greater contribution should be required of English-language broadcasters operating in the province of Quebec, and suggests a level of 10% French-language popular music in order to reach francophones who listen to English-language stations.
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UDA also recommends that the Commission "[TRANSLATION] require broadcasters to disclose the detailed results of all promotional activities and, where applicable, to state why, after three years, such initiatives have not enabled them to achieve a level of 65% French-language vocal music".
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SPACQ
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SPACQ recommends a level of 65% French-language popular music for all AM and FM stations with the possible exception of ethnic broadcasters. Levels should be calculated on the basis of three-hour periods. It also recommended that 60% of French-language music selections be Canadian so that our artists can be featured. Some of SPACQ's suggestions aimed at expanding and maintaining production volumes include the identification of selections receiving radio airplay, the creation of training programs for songwriters to enhance the creative process in music, increasing the MusicAction budget, and compiling a catalogue of all Canadian French-language music composed over the last forty years.
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SPACQ recommends a level of 20% French-language popular music for English-language radio stations operating in predominantly francophone markets so that Quebec artists can reach as many francophone listeners as possible.
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4.Findings
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The Broadcasting of French-Language Popular Music
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(a) Availability and Broadcasting
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According to RadioActivité data, and as confirmed by the ACRTF/ADISQ study, the number of French-language records on the market has not increased since 1985. However, while there has been no quantitative increase in French-language records, both industries say that the quality of the material available is considerably higher. In 1983, an average of 2.04 music selections from each album were played; in 1988, this figure rose to 3.5, representing an effective increase in the number of French-language music selections available. The Commission is of the opinion that this return to the 65% level should stimulate the record industry to maintain this quality in order to ensure a continued availability of French-language recordings.
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A study of the playlists of French-language FM stations in the Montreal and Quebec City markets shows that very few French-language music selections are rotated frequently. The Commission's FM Policy (Public Notice CRTC 1983-43) allows a maximum repeat factor of 18 for all music selections, except Canadian selections, which are not subject to a ceiling. However, the playlists that were analysed indicate that very few French-language selections are broadcast more than once a day, and that most selections (91.5%) are not repeated more than three times a week. A copy of this study was also placed on the public file.
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While taking into consideration ACRTF's concerns regarding the danger of overexposing individual artists or records, the Commission feels that some French-language music selections could be played more often, thereby allowing for increased exposure of French-language artists.
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A study of all AM stations' Promises of Performance reveals that stations operating in large markets have a rather high verbal content, while music plays a secondary role. However, regional AM stations have a musical level that is quite similar to that of FM stations, although they are not subject to the same degree of competition, and their musical formats are of a more flexible nature. These stations should therefore be able to increase their level of French-language popular music to that proposed in this notice.
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(a) Scheduling
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The Commission's review of the playlists of 30 French-language radio stations shows that, in general, French-language popular music is generally well distributed throughout the broadcast day and week.
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However, a comparison of levels of French-language popular music and ratings for four French-language FM stations in Montreal showed a trend among hard rock-oriented stations to reduce slightly their levels of English-language music during peak listening periods for the 18-34 age group and to increase French-language music content when that audience group decreases. A copy of the study was placed on the public file.
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Nevertheless, a quick review of all francophone countries shows that Canada's French-language radio stations have the highest level of French-language popular music.
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While not wishing to understate the role of regulations in this respect, the Commission acknowledges the important contribution of broadcasters in playing and scheduling French-language material, and it encourages them to continue their efforts in this area and to work toward a balanced mix of French-language popular music.
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c) Canadian content
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The study of the playlists of 30 French-language radio stations, shows that an average of 42.9% to 55.1% of the French-language popular music broadcast each week is Canadian; the percentages vary depending on the market. Since most French-language titles available are of Canadian origin, it is doubtful whether an intervention on the part of the Commission is necessary to ensure that these levels are maintained.
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Financial situation in the two industries
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The results of the study by ACRTF and ADISQ and the data made available to the Commission indicate that the French-language recording and broadcasting industries are in fairly good financial health.
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a) The broadcasting industry
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In 1988, the financial performance of the broadcasting industry in Quebec was comparable to that of the Canadian industry as a whole: the Quebec industry's revenues increased by 9.2% and the national industry's, by 9.3%. However, while the pre-tax and pre-interest profits of the Canadian industry increased by 12.5%, those of the Quebec industry grew by 30.4%. This upward trend has continued since 1983. In addition, while the financial health of AM stations in Canada as a whole continues to deteriorate, Quebec AM stations, although in a deficit situation, are improving financially. At the Public Hearing, and in the ACRTF/ADISQ study, numerous rating statistics were provided to show that francophone listeners are switching to English-language stations, primarily in the Montreal market. A CRTC study of the audience ratings of English and French stations in Montreal showed that this trend is not widespread; it affects primarily the stations targeting the 18-34 age group (CKMF-FM, CKOI-FM and CHOM-FM). Further, surveys conducted in Fall 1989 showed that the ratings for CKMF-FM and CKOI-FM had risen significantly since Fall 1988, while those of CHOM-FM had dropped. During this period, the amount of French-language popular music broadcast by the two French-language stations had not decreased.
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The Commission recognizes, however, that the industry must be viable in order for French-language popular music to be broadcast to the general public. Accordingly, it has chosen to be flexible in the scheduling of music selections and has avoided imposing minimum requirements on a daily or time slot basis.
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b) The record industry
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Despite the reduction in the amount of French-language popular music broadcast, the Quebec record industry has experienced considerable expansion since incentive programs were established by various levels of government, in particular the joint initiatives by government and industry (MusicAction) and the broadcasters' programs for developing local Canadian talent. Particularly noteworthy is the substantial increase in the number of gold and platinum French-language records produced in Canada. The Commission congratulates all the organizations involved for the important role they have played in the production of Canadian French-language material.
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The Commission takes special note of the results obtained by MusicAction and by the Sound Recording Development Program (SRDP) of the Department of Communications. Further, according to ACRTF and the data available to the Commission, Quebec broadcasters in 1988 invested more than $800,000 in record production and the discovery of new talent, including contributions to MusicAction.
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The Commission feels that these investments in new talent by the recording and broadcasting industries are essential to the discovery and promotion of new artists, and it strongly encourages the producers of French-language records to continue to make such investments.
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5. Application of the policy
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In Decision CRTC 89-458, the Commission approved, by condition of licence, the request by ten French-language radio stations to extend until 30 June 1990 the authority to broadcast less than 65% French-language popular music. Accordingly, the policy set out in this notice will come into effect on 1 July 1990 for these stations. In the case of other French-language FM stations whose Promise of Performance include a condition of licence to broadcast a lower level of French-language popular music, this condition will lapse at the expiry date of their licences. All French-language AM radio stations will be expected to comply with this policy effective 1 July 1990.
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The Commission wishes to thank all those who participated in the Public Hearing, namely ACRTF, Radio Futura Ltée, the CBC, ARCQ, CHUM Limited, Standard Broadcasting Ltd., ADISQ, Gens de la radio, UDA and SPACQ. The Commission also thanks the individuals and organizations that submitted written observations, as their views were also taken into consideration in the development of this policy.
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Fernand Bélisle
Secretary General
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