ARCHIVED -  Decision CRTC 93-38

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Ottawa, 29 January 1993
Decision CRTC 93-38
CHUM Limited
Windsor, Ontario - 911878700
Following a Public Hearing in the National Capital Region beginning on 21 September 1992, the Commission renews the broadcasting licence for CIMX-FM Windsor from 1 March 1993 to 31 August 1996, subject to the conditions specified in this decision and in the licence to be issued.
In a related decision released today (Decision CRTC 93-37), the Commission approved applications by CHUM Limited (CHUM) to acquire the assets of CKLW and CKLW-FM Windsor. The short-term licence granted herein takes into account the precedent-setting nature of Decision CRTC 93-37 and will enable the Commission to review, following a reasonable time, CIMX-FM's financial situation and the corresponding level of local service it provides as well as its contribution to Canadian talent development.
Windsor is located immediately adjacent to Detroit, Michigan. Commercial radio stations operating in Windsor experience intense competitive pressure from the multitude of U.S. signals emanating from Detroit, the sixth largest radio market in the U.S. As a group, Windsor's four local radio stations have operated at a loss over the entire period of 1981-1991. In Public Notice CRTC 1984-233 dated 25 September 1984, entitled "Windsor Radio Review" and in subsequent decisions related to Windsor, the Commission acknowledged the special characteristics that set Windsor apart from other Canadian markets. Given the particular difficulties facing private FM broadcasters in Windsor, the Commission has taken an extraordinarily flexible approach in the regulation of FM radio stations in that city.
As part of its renewal application, CHUM asked the Commission to grant CIMX-FM flexibility with respect to certain programming commitments. CHUM based its requests upon the special circumstances of the Windsor market noted in the "Windsor Radio Review", as well as upon Windsor's status as a border market under the guidelines set out in Public Notice CRTC 1992-3. Among other requests, CHUM asked the Commission to attach to CIMX-FM's licence a condition authorizing the station to broadcast a minimum weekly level of 10% Canadian popular music.
The Commission acknowledges in this regard the intervention submitted by the Canadian Independent Record Production Association opposing CHUM's proposal to program a minimum level of 10% Canadian content in the category 2 music broadcast each week on CIMX-FM.
In Decision CRTC 85-666 dated 19 August 1985, the Commission required the station to broadcast a minimum level of 15% Canadian content in popular music in accordance with its status as an experimental licensee. Subsequently, in Decision CRTC 87-594 dated 5 August 1987, the Commission denied a request by CHUM to reduce the required level of Canadian content for popular music from 15% to 10%. Currently, the Radio Regulations, 1986 (the regulations) require both AM and FM stations to broadcast a minimum weekly level of 30% Canadian content for popular music.
Given CHUM's ownership of all the local, commercial stations in the Windsor market and the importance that the "Windsor Radio Review" placed upon the maintenance by stations serving that market of a firm Canadian orientation in music programming, the Commission considers that CHUM should be required to increase the level of the Canadian content in the popular music broadcast on CIMX-FM. The Commission therefore denies CHUM's request to be allowed to broadcast a minimum level of 10% Canadian content in the category 2 music broadcast each week on CIMX-FM. Rather, the Commission requires CHUM, as a condition of licence, to ensure that a minimum level of 20% in the category 2 music broadcast on CIMX-FM each week be Canadian.
In view of the unique circumstances of the Windsor market, the Commission is prepared to extend the flexibility requested by CHUM with regard to certain of its other programming commitments.
Specifically, the Commission approves, by condition of licence, CHUM's request to broadcast a weekly minimum spoken word level of 5% on CIMX-FM, rather than the minimum weekly level of 15% required by the regulations.
Accordingly, no further action is required on an earlier application (911833200) by CHUM which proposed to broadcast a minimum weekly level of 9% spoken word on CIMX-FM.
As outlined in Public Notice CRTC 1990-111 entitled "An FM Policy for the Nineties", the Commission's FM policy requires FM stations to broadcast at least 3 hours of news per week and a hit level of less than 50% of all popular music selections.
Taking into account the very particular circumstances of the Windsor market, the Commission approves, by condition of licence, CHUM's request to amend the Promise of Performance of CIMX-FM by decreasing the level of news to 1 hour 30 minutes weekly.
In the circumstances, the Commission has also decided to exempt CIMX-FM from any regulatory requirement with respect to hits. Moreover, the Commission has determined not to impose a requirement regarding adherence to a stated format on CIMX-FM. CHUM proposed to maintain the commitments in its Promise of Performance for CIMX-FM of a playlist of at least 300 distinct musical selections and a maximum repeat factor of 42. In accordance with Public Notice CRTC 1992-72 dated 2 November 1992 entitled "A Review of the CRTC's Regulations and Policies for Radio", the Commission has decided to relieve CIMX-FM from its commitments with respect to the number of distinct musical selections and of repeats.
The Commission reaffirms the particular importance it attaches to the development of Canadian talent and notes CHUM's proposed direct expenditure commitment of $20,000 annually for this purpose. However, the Commission advises the licensee that the amount of $3,000 allocated to a contest offering a trip to the Juno Awards, as well as the $2,000 committed to a research program on new Canadian rock music, do not qualify as direct expenditures for Canadian talent initiatives. CHUM's proposed direct expenditure commitment has therefore been reduced to $15,000 annually. Nevertheless, the Commission considers that CHUM's commitment to Canadian talent development is acceptable in view of CIMX-FM's financial situation.
The Commission encourages the licensee to continue its efforts during the new licence term with respect to the support, development and on-air exposure of local and regional talent.
In Public Notice CRTC 1992-59, the Commission announced implementation of its employment equity policy. The Commission advised licensees that, at the time of licence renewal or upon considering applications for authority to transfer ownership or control, it would review with applicants their practices and plans to ensure equitable employment.
Subsequent to the hearing, CHUM submitted a report on its activities with regard to employment equity. In its report CHUM acknowledged that, within its organization, the numbers of "aboriginal people, people with disabilities and visible minorities are admittedly low". CHUM did, however, indicate its intention to conduct a new census of employees.
The Commission recognizes CHUM's involvement in various employment equity initiatives, as well as its efforts with respect to the representation of women in on-air positions. Nevertheless, the Commission considers that CHUM could increase its efforts with regard to employment equity, particularly in relation to visible minorities, people with disabilities and aboriginal people.
The Commission requires CHUM to develop and implement an effective plan of action to ensure that adequate employment equity practices are followed throughout its organization. The Commission also encourages CHUM to promote equitable representation in on-air staff positions and in voice-overs of station-produced commercial messages. The Commission will review with the licensee its progress in these areas at the time of the licence renewal of the CHUM stations.
The Commission acknowledges the supporting interventions submitted by the Canadian Association of Broadcasters, as well by individuals and music retailers in the Windsor area.
Allan J. Darling
Secretary General

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