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Ottawa, 19 March 1993
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Decision CRTC 93-95
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Canadian Broadcasting Corporation
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Ottawa, Ontario - 920501400 - 920502200 - 920503000 - 920504800
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Pursuant to Public Notice CRTC 1992-67 dated 2 October 1992, the Commission renews the licences held by the Canadian Broadcasting Corporation (the Corporation/CBC) for the English-language Radio (AM) network, the French-language Radio (AM) network, the English-language Stereo (FM) network, and the French-language Stereo (FM) network, from 1 April 1993 to 31 March 2000, subject to the conditions specified in this decision and in the licences to be issued.
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The Commission considers that the Corporation, in a time of financial restraint and uncertainty, should be commended for the general excellence of its radio programming, which stands as a model for broadcasters in Canada and around the world.
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The Broadcasting Act calls upon the Corporation to provide a wide range of programming that informs, enlightens and entertains. The Corporation does so in English and in French with its two complementary radio services. The English- and French-language Radio networks concentrate on the presentation of news and information, while the Stereo networks provide a national showcase primarily for concert music.
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The information programming on the Radio networks is profoundly and distinctly Canadian. It is a forum in which Canadians share their experiences, both at the national and regional levels. For many, the Stereo services are a cultural life-line, presenting the best in music programming, with a particular emphasis on concert music performances, thus making such events available to those who do not have access to urban cultural facilities. The CBC also offers significant national exposure to both composers and performers of Canadian classical music as well as jazz, folk and other categories of music generally under-represented in the programming of commercial stations.
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The CBC radio networks are services upon which Canadians in every region of the country depend for programming that engages the mind and spirit. In this regard, the Commission acknowledges the more than 2,300 interventions submitted in support of the renewal of these network licences.
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Commercial Activity
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The CBC radio networks are currently restricted, by conditions of licence, from broadcasting commercial messages (category 5) other than those in programs available only on a sponsored basis, and those related to federal elections.
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As a part of these applications, the Corporation proposed a change in those conditions of licence that would allow it to broadcast:
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simple statements of sponsorship of occasional special performances (such as concerts, festivals, shows, drama). Such statements may incorporate the name of the sponsor and a brief general description of the types of services or products which the sponsor provides, including name and brand names of the service or product. Such statements must not contain language which attempts to promote particular services or products; for example, such statements may not refer to price, quality, convenience, durability, or desirability, or contain other comparative or competitive references. The Corporation indicated that it did not seek sponsorship advertising for journalistic programs or for programs that are part of the regular schedule.
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Interventions in support of this proposal were submitted by the West Coast Media Society, the Government of Newfoundland and the Université Sainte-Anne. These interveners favoured limited commercial activity, suggesting that the extra revenues could increase the amount of performance programming broadcast and lead to increased support for the arts community.
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Interventions in opposition to this proposal were submitted by the Canadian Association of Broadcasters (CAB), the Central Canada Broadcasters Association (CCBA), two private commercial broadcasting companies and two individuals. The views expressed by these interveners included a concern that approval would result in additional competition for commercial broadcasters who are already suffering financially, and that limited sponsorship could be the first step toward conventional advertising on CBC radio.
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The Commission also notes that, although they did not directly address the sponsorship proposal, several hundred interventions supporting the renewal of the networks specifically mentioned CBC radio's non-commercial nature as one of the reasons for their support.
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In its reply to the opposing interveners, the Corporation emphasized that sponsorship activity would be limited, and the revenues raised extremely small.
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After careful consideration of the views of the Corporation and of interveners, the Commission is not convinced that a move toward commercial activity on CBC radio is desirable, and accordingly denies this proposal. It therefore remains a condition of each network licence that the Corporation not broadcast any commercial message of category 5 except:
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a) during programs that are available to the network only on a sponsored basis, or
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b) as required to fulfil the requirements of the legislation of the Parliament of Canada pertaining to elections.
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The Commission notes that this condition of licence is currently applied to each of the licences concerned, and allows for the continued broadcast of such sponsored programs as "Le hockey des Canadiens" on the French-language Radio network, and the "Metropolitan Opera" on the English- and French-language Stereo networks.
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Unimplemented Projects
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In Decision CRTC 88-181, which renewed the network licences from 1 April 1988 until 31 March 1991, the Commission expected the Corporation to:
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implement the outstanding 19 radio projects already authorized by the Commission [...] within the three-year renewal term. As a first step, the CBC is required to submit a report within six months of the date of this decision commenting on the status of each proposal and providing a timetable for implementation.
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Subsequent to the decision, it was discovered that there were actually 21 unimplemented authorities. The licences for these authorities were renewed with an expiry date coinciding with that of the CBC radio networks. Since 1988, five of these authorities (Sheet Harbour, Nova Scotia; Geraldton and Manitouwadge, Ontario; Gillam and Lynn Lake, Manitoba) have been implemented and one (Brockville, Ontario) was surrendered because service to the community was already being provided from another transmitter. In the present renewal applications, the CBC has indicated that it would implement four more projects as soon as possible: CJBC-FM Toronto (French-language Stereo), CBCR-FM Kirkland Lake, Ontario (English-language Radio), CBHS-FM Amherst/ Springhill, Nova Scotia (English-language Radio) and CBF-FM-2 Sherbrooke, Quebec (French-language Stereo). The Commission notes that CJBC-FM Toronto began broadcasting in October 1992.
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An intervention was submitted by André Hamel, a member of the Quebec National Assembly, requesting that the CBC make the French-language Stereo service available in the Estrie region. In its reply to the intervener, the Corporation indicated that implementation of CBF-FM-2 Sherbrooke will accomplish this. The CBC noted that this project has been given top priority, and will be implemented as soon as funds are available.
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Accordingly, for administrative reasons, the Commission hereby renews the licences for CJBC-FM Toronto, CBCR-FM Kirkland Lake and CBF-FM-2 Sherbrooke, from 1 April 1993 to 31 March 1994, to coincide with the licence expiry dates of most CBC local stations and transmitters across the country.
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In a decision related to a separate application released today (Decision 93-96), the Commission also renewed the CBC's licence for CBHS-FM Amherst/Springhill from 1 April 1993 to 31 March 1994.
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The Corporation has indicated that, due to financial constraints, the remaining 11 projects will not be implemented, and thus has not applied for the licence renewal of the following undertakings:
CHFA-9-FM Bonnyville, Alberta French-language Radio/Radio française
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CBX-2-FM High Level, Alberta English-language Radio/Radio anglaise
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CBX-1-FM High Prairie, Alberta English-language Radio/Radio anglaise
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CBX-4-FM Marten Mountain/
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Slave Lake, Alberta English-language Radio/Radio anglaise
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CBX-3-FM Wabaska, Alberta English-language Radio/Radio anglaise
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CBXF-FM Whitecourt, Alberta English-language Radio/Radio anglaise
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CBML-FM Val d'Or, Québec English-language Radio/Radio anglaise
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CBBB-FM Belleville, Ontario English-language Stereo/Radio anglaise stéréo
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CBBA-FM Brockville, Ontario English-language Stereo/Radio anglaise
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stéréo
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CBBS-FM Sudbury, Ontario English-language Stereo/Radio anglaise
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stéréo
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CBOS-FM Sudbury, Ontario French-language Stereo/Radio française
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stéréo
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The Commission notes that, in the case of the Belleville and Brockville Stereo projects noted above, alternate means of providing service are being considered by the CBC.
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Two interventions addressed the issue of the unimplemented transmitter at Bonnyville, Alberta. They were from l'Association canadienne-française de l'Alberta and la Fédération des aîné(e)s franco-albertain(e)s. Both interventions requested that the CBC be required to implement the Bonnyville transmitter. The CBC replied that plans for this project have been postponed, and a new application to serve Bonnyville will be submitted when funds are available.
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Other Technical Issues
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With regard to long-term priorities for CBC radio, Decision CRTC 88-181 specified three goals. These were the implementation of the outstanding projects under the Accelerated Coverage Plan (ACP), the eventual replacement of private affiliates, and the extension of stereo services to 75% of the population in each province.
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It remains the Commission's expectation that the Corporation take effective action towards achieving each of these important targets.
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The Commission notes that the Corporation has advised that the outstanding projects of the ACP are included in the Long Range Radio Plan.
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With respect to the Affiliate Replacement Plan, the Commission notes that the Corporation currently has six private commercial stations affiliated to its English-language Radio service and four to its French-language Radio service. It is expected that at least three of these stations will disaffiliate within a year following the date of this decision. The Commission also notes that there are no private commercial stations affiliated to either its English- or French-language Stereo networks.
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In particular, the Commission reiterates the expectation that the CBC "extend its English and French stereo (FM) services to at least 75% of the Canadian population in each language and to at least 50% of the population in each province in each language".
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Decision CRTC 88-181 indicated that the expectation could be met by the Corporation's establishing transmitters for the English-language Stereo service in Victoria, British Columbia; Charlottetown, Prince Edward Island; Marystown and Stephenville, Newfoundland; and for the French-language Stereo service in Toronto, Ontario; Allardville and Campbellton, New Brunswick.
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The Commission notes that the CBC has since established transmitters for the English-language Stereo network in Victoria and, as noted above, for the French-language Stereo network in Toronto.
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The establishment of these two transmitters results in British Columbia and Ontario meeting the 50% criterion. However, more than 50% of the residents of each of New Brunswick, Prince Edward Island, Newfoundland and Saskatchewan are still without the English-language Stereo service.
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Eleven interventions addressed the issue of extension of stereo services. The communities noted included Allardville and Campbellton, New Brunswick; Salmon Arm, British Columbia; Inuvik, Northwest Territories; Sherbrooke and Quebec City, Quebec; and Yarmouth, Nova Scotia. The general CBC response to these interventions was that it cannot expand the stereo services in view of its present financial circumstances. Nevertheless, the Commission considers the extension of stereo service to at least 50% of the population of each province in each language to be of paramount importance, and therefore reiterates this goal as an expectation for the new licence term.
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Decision CRTC 88-181 also included an expectation that the CBC study and report on the implications of extending basic Radio (AM) service to communities with populations of between 200 and 500. The CBC reported in 1989 that 177 transmitters would be required to achieve this level of service, and that the total additional population that would be served would be slightly less than 50,000. The report also indicated that there are 170 communities with populations of 500 or more that still do not receive adequate CBC radio service. A total of 28 transmitters would be required to provide service to these communities.
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Twelve interventions addressed the issue of extension of the radio service to communities not yet receiving either basic CBC English- or French-language Radio service, or both. Other interventions received from Victoria, British Columbia, Newfoundland and Prince Edward Island expressed interest in receiving programming produced and originating in those areas.
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The interventions from Victoria reflect a long-standing concern that this city is the only provincial capital without a CBC radio station that originates programming. Victoria residents currently receive the programming of the CBC Radio network from CBU Vancouver. In its reply to interventions from Victoria, the CBC indicated that it would conduct a re-examination of the Victoria situation to see what courses of action might be open and indicated that establishment of a CBC Radio bureau and transmitter for Victoria was a top priority. The Commission notes that the CBC improved service to Victoria during the past licence term by establishing transmitters to broadcast the programming of the English-language Stereo network, and encourages it to pursue plans to establish an originating English-language Radio service during the upcoming term of licence.
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The interventions received from Prince Edward Island and Newfoundland expressed concern over the lack of French-language Radio programming originating in those provinces. In its replies to those interventions, the CBC indicated it plans to maintain the current levels of service to these areas. It noted that there is a full-time reporter in Newfoundland for the French-language Radio network, and that the weekday PEI edition of the program "Bonjour Atlantique" produced in Moncton, New Brunswick will continue.
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Statistics included in the CBC application indicate that the English-language Radio service is available to 94% of Canadians and the French-language Radio service to 93%. The statistics provided by the Corporation for the 1987 renewal hearing indicated a coverage rate of 99% for both the English and French Radio services. One possible explanation for this variance may be the fact that the 1987 statistics included the unimplemented projects whereas the new statistics do not. Another factor is population growth in the unserved areas. It is clear, however, that the English-language Radio service is still not available to approximately 1,280,000 English- speaking Canadians and the French-language Radio service to approximately 530,000 French-speaking Canadians.
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The Commission considers that the goal of extending service to smaller communities remains a valid one. The Commission therefore encourages the CBC to redouble its efforts to provide its Radio services to the unserved areas, and requires the Corporation to include the 28 transmitters noted above in the Corporation's Long Range Radio Plan. Service to Francophones Outside Quebec
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Also included in Decision CRTC 88-181 was the expectation that the programs of the French-language Radio network should more accurately reflect the different regions of the country. The Commission further expected the CBC to undertake a study of the broadcasting needs of Francophones outside Quebec, and formulate a plan of action based upon the study.
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The Corporation's report submitted in early 1990 detailed a series of objectives and action plans to meet these expectations, but cautioned the Commission that none of the plans could be implemented without additional funding. In the current renewal applications, the Corporation restated its commitment to maintain the service currently offered to Francophones outside Quebec, and to continue its efforts to improve the quality of this service.
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Ten interventions dealt specifically with how Canada's regions are reflected in the Corporation's French-language Radio service. Almost all were from groups representing the interests of French-speaking communities outside Quebec.
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While all of these interveners supported the renewal of the CBC licences, and noted the contributions CBC radio has made toward promoting Francophone culture outside Quebec, many stressed that the network programming should provide a better reflection of the diversity of French-speaking communities outside Quebec.
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In its reply to the interveners, the CBC noted that it has made the improvement of service to Francophones outside Quebec one of its highest priorities over the last licence term and will continue to do so in the future, despite a shortage of funding.
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The Commission expects the Corporation to maintain and improve its current service, while incorporating more regional elements into the programs produced by the French-language Radio network. Canadian Music
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The CBC radio networks are currently required, by condition of licence, to ensure that at least 50% of the popular music (category 2) selections and at least 20% of the traditional and special interest (category 3) musical selections broadcast each week are Canadian.
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Two Canadian content analyses of each of the four networks were undertaken by the Commission during the past licence term. The English-language Radio network was found to be in full compliance in both analyses. Minor shortfalls were noted in each analysis for each of the remaining three networks.
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The Corporation has indicated that it is addressing the compliance difficulties which resulted in the above-noted shortfalls by instituting Canadian content quotas on a per-program basis, by developing a computerized system to track compliance more accurately, and by adding to the schedules more programs with higher levels of Canadian music.
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While not unmindful of the significant role CBC radio plays in the promotion and production of varied types of Canadian music, the Commission considers that the Corporation should also serve as a model of over-achievement with regard to Canadian content. The Commission acknowledges the above-noted measures to be taken by the Corporation to ensure compliance with the conditions of licence noted below at all times.
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It is a condition of both the English- and French-language Radio (AM) network licences that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day. It is also a condition of both the English- and French-language Radio (AM) network licences that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian.
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It is a condition of both the English- and French-language Stereo (FM) network licences that 50% or more of the category 2 music selections broadcast each broadcast week be Canadian.
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It is also a condition of both the English- and French-language Stereo (FM) network licences that 20% or more of the category 3 music selections broadcast each broadcast week be Canadian and that these selections be scheduled in a reasonable manner throughout the broadcast day.
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Gender Portrayal and Employment Equity
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In March 1991, the Board of Directors of the CBC approved revisions to the Corporation's guidelines on sex-role portrayal. The Commission approved these revisions in Public Notice CRTC 1991-109 and expressed confidence that the Corporation was adopting a leadership role in this area.
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It remains a condition of each network licence that the licensee adhere to its self-regulatory guidelines on sex-role portrayal as amended from time to time and approved by the Commission, and, as a minimum, to the CAB's Sex-role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
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In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In the case of the Corporation, the Commission will review these matters at the time of the CBC television network renewals.
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Allan J. Darling
Secretary General
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