ARCHIVED -  Decision CRTC 95-109

Decision

Ottawa, 24 March 1995

Decision CRTC 95-109

Power Broadcasting Inc.

Peterborough and Bancroft, Ontario - 940626500

Licence renewal for CHEX-TV Peterborough and its transmitter

Following a Public Hearing in Toronto beginning on 3 October 1994, the Commission renews the broadcasting licence for the television programming undertaking consisting of CHEX-TV Peterborough and its transmitter CHEX-TV-1 Bancroft, from 1 September 1995 to 31 August 2002, subject to the conditions in effect under the current licence as well as to those conditions specified in the appendix to this decision and in the licence to be issued.

The Commission is satisfied that the licensee has generally met all of its commitments and the Commission's expectations during the current licence term.

CHEX-TV is an affiliate of the Canadian Broadcasting Corporation's English-language television network.

Local reflection

In Public Notice CRTC 1995-48 of today's date introducing the decisions renewing this and other privately-owned English-language television stations, the Commission reiterated the importance of the principle of local reflection and reminded television licensees that they have a special responsibility to serve the public within the particular geographic area they are licensed to serve.

In this regard, the Commission expects the licensee to adhere to the commitment made in its renewal application to broadcast a minimum weekly average of 9 hours and 0 minutes of original local news programming.

CHEX-TV is the only television station in the Peterborough market that offers local news programming. During the current licence term, CHEX-TV introduced weekend newscasts and has produced annual year-end news specials since 1990.

While the licensee indicated in its renewal application that it will continue to produce "Campus Quiz" and "Sportsbeat" and various special programs throughout the year, it made no commitment to produce other programs. The Commission encourages CHEX-TV to produce, either on its own or in concert with others, additional programming of relevance to local audiences, to the extent that resources permit.

Program development

The Commission reminds the licensee of the Commission's expectations set out in Public Notice CRTC 1989-27 dated 6 April 1989 and entitled "Overview: Local Television for the 1990s" regarding the important role that local television stations play in program development.

In this regard, the Commission notes that according to its financial projections, CHEX-TV will spend $150,000 on the development of Canadian programming during the new licence term.

The Commission notes the active role CHEX-TV has played in the development and production of new Canadian programs during its current licence term. Moreover, as stated in Decision CRTC 89-94 which last renewed CHEX-TV's licence, many of those programs such as "Heritage Minutes" were successful and received national recognition. The Commission encourages the licensee to continue to allocate funds for the development of Canadian programming during the new licence term.

Children's programming

The Commission notes the licensee's commitment, in its renewal application, to broadcast 7.5 hours per week of programming directed to the 2 to 11 age group, and 3 hours per week of programming directed to the 12 to 17 age group during each year of the new licence term.

Expenditures on Canadian programming

In Public Notice CRTC 1989-27 dated 6 April 1989, the Commission stated that licensees of private, English-language television stations earning $10 million or less in total advertising revenues and network payments annually would be expected to adhere to their projected first-year expenditures for Canadian programming, at a minimum, and adjust such expenditures in subsequent years in accordance with the prescribed formula linked to the station's advertising revenues.

As stated today in Public Notice CRTC 1995-48, the Commission shall continue to expect such licensees to expend on Canadian programming in accordance with the formula. The Commission will continue to apply this expectation in a seamless fashion moving from the current into the new licence term. All policies pertaining to the formula as set out in Public Notices CRTC 1989-27, 1992-28, 1992-89, 1993-93 and 1993-174 will continue to apply, with the clarification that licensees will not be permitted to credit any overexpenditure made in the previous licence term towards Canadian programming expenditures in any year or years of the upcoming licence term.

Accordingly, inasmuch as the licensee's advertising revenues and network payments in the broadcast year ending 31 August 1994 were less than $10 million, the Commission expects the licensee to expend, in the first year of the new licence term, at a minimum, the amount it was expected to expend in the 1994-1995 broadcast year, before consideration of any overexpenditures or underexpenditures from prior years, increased or decreased in accordance with the prescribed formula linked to the station's advertising revenues and network payments. In each subsequent year of the licence term, the Commission expects the licensee's Canadian programming expenditures to be adjusted in accordance with the Commission's prescribed formula.

The Commission notes that the licensee has elected to average the percentage increase in total advertising revenues and network payments over a period of three years. In accordance with the provisions contained in Public Notice CRTC 1995-48, the Commission expects the licensee to adhere to this same three-year averaging mechanism throughout the new licence term.

The expected amounts of Canadian programming expenditures are minimums. The Commission notes, however, that in its application, the licensee indicated that it would spend well in excess of these amounts.

Service to the deaf and hard of hearing

The Commission notes that CHEX-TV exceeded its commitment to provide closed captioned programs in the latter half of the current licence term. The Commission also notes that the licensee continues to work with its In-House Advisory and Monitoring Panel with respect to social issues.

The Commission commends the licensee for its efforts in this area and reiterates the importance it attaches to the provision of captioned programs to serve deaf and hard-of-hearing viewers. Therefore, consistent with its policy approach for closed-captioning announced in Public Notice CRTC 1995-48, the Commission expects CHEX-TV to caption, by the end of the new licence term, all local news programming, including live segments, using either real-time captioning or another method capable of captioning live programming.

Furthermore, the Commission expects the licensee to close caption, by the end of the licence term, at least 90% of all programming during the broadcast day.

Employment equity

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 Power Broadcasting Inc., the Commission addressed these matters at a cor-porate level in the decision renewing the licence for CKWS-TV Kingston, also released today. It encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

Interventions

The Commission notes the numerous interventions in support of this application submitted by public and private organizations, as well as by individuals from the community.

Allan J. Darling
Secretary General

APPENDIX / ANNEXE

Conditions of licence for CHEX-TV Peterborough and its transmitter CHEX-TV-1 Bancroft

1. The licensee shall operate this undertaking as an affiliate of the English-language television network operated by the Canadian Broadcasting Corporation.

2. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).

3. The licensee shall adhere to the guidelines on the depiction of violence in television programming set out in the CAB's "Voluntary Code Regarding Violence in Television Programming", as amended from time to time and accepted by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the CBSC.

4. The licensee shall adhere to the provisions of the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and accepted by the Commission.