ARCHIVED -  Decision CRTC 95-351

Decision

Ottawa, 23 June 1995

Decision CRTC 95-351

Dufferin Communications Inc.

Orangeville, Ontario - 941530800 - 941912800 - 942319500

Licence amendments for CIDC-FM - Approved

In Public Notice CRTC 1995-28 dated 21 February 1995, the Commission announced applications by Dufferin Communications Inc. (Dufferin), requesting the following amendments to the broadcasting licence for CIDC-FM Orangeville:

- a reduction in the required amount of local programming, from 100 hours to 42 hours per week, and the deletion of other requirements contained in CIDC-FM's Promise of Performance that specify a minimum weekly number of distinct musical selections, excluding repeats, and the maximum number of times weekly that a distinct musical selection may be broadcast;

- the deletion from the licence of the terms specifying the location of the transmitting antenna and studios; and

- a change in the authorized program source from studios located at Orangeville to studios located at Brampton, Ontario.

Interventions in opposition to these applications were submitted by David Tilson, MPP for Dufferin-Peel, Michael Hill, Chair of the Orangeville Business Improvement Area, Mary T. Rose, Mayor of the Town of Orangeville and Alfred G. Richmond Q.C. of Alton.

The interveners expressed various objections to these applications, including the station's recent alteration of its musical focus to "dance" music, and a concern that approval of the request to delete the reference to the transmitter site could result in removal of the Orangeville transmitter from that community. Most frequently-mentioned, however, was the potential loss of the Orangeville orientation of CIDC-FM that could result from the proposal to move the studios to Brampton.

With respect to the musical format of the station, the Commission notes that the currently authorized format of CIDC-FM is "Group I - Pop, Rock and Dance". To remain in this format, at least 70% of the music broadcast must fall within subcategory 21 - Pop, Rock and Dance music, which encompasses diverse forms of pop music. Any shift of emphasis within the general description of an authorized format Group is entirely at the discretion of the licensee.

With respect to the transmitter site, the licensee explained that no transmitter move was planned, and that, in fact, the transmitter could not be moved in any case, since unacceptable interference with the signals of other stations would be the result. The Commission notes that licensees of radio stations must apply to the Commission for approval to change their coverage area, and that no such application with respect to CIDC-FM has been submitted.

With regard to the change of studio location, the licensee reponded to the concerns expressed by the interveners, explaining that the building in which CIDC-FM studios currently are housed is not designed to cope with the demands of modern radio broadcasting, and that the cost to renovate those premises to bring them up to broadcast standard would be prohibitive.

Dufferin is a wholly-owned subsidiary of CKMW Radio Ltd. which is the licensee of AM radio station CIAO in nearby Brampton. Dufferin stated that the existing facilities used by CIAO in Brampton were designed for use as radio studios, and that the economies of scale resulting from the operation of two stations in one location will permit additional technical improvements.

In response to the concern that local service to Orangeville will be diminished, the licensee stated that such service has in fact been increased, and includes traffic reports that now cover an expanded area. The licensee also made the commitment that an office would be maintained in Orangeville for public relations, sales, marketing and news-gathering and that "relocation of the studios of CIDC-FM to Brampton will not hamper the supply of programmes directed to Local Area Communities, including News, Sports, Road and Airborne Traffic information, Ski Reports, Marine Reports, and Public Service Announcements".

The Commission has carefully considered the views of the applicant and of the interveners, and notes that the amendments regarding weekly music list size, the use of repeat selections, and the elimination of references to the transmitter site from the licence are all consistent with the flexibility generally available to commercial FM stations, in accordance with Public Notice CRTC 1992-72 "A Review of the CRTC's Regulations and Policies for Radio".

With respect to the decrease of local programming from a minimum of 100 hours weekly to a
minimum of 42 hours weekly, the Commission notes that this amendment is consistent with the flexibility generally available to commercial FM stations, in accordance with Public Notice CRTC 1993-38 "Policies for Local Programming on Commercial Radio Stations and Advertising on Campus Stations". The Commission also notes that while the lower amount proposed by the licensee is the minimum amount allowable by policy, very few radio stations have actually reduced their local programming to the minimum level, since most licensees consider a higher level of locally-originated programming to be necessary to attract and retain local audiences.

For all the reasons set out above, the Commission approves the proposed licence amendments related to station production, weekly music list size, repeated selections and references in the licence to the transmitter site.

With respect to the proposed amendment concerning studio location, the Commission notes the historical and continuing unprofitability of this undertaking, and is satisfied that, under the existing circumstances, the station is unlikely to achieve profitability. Accordingly, the Commission also approves the request to move the studio location to Brampton, and hereby changes the program source specified in the licence from "...programs received from studios located at Orangeville, Ontario..." to, "...programs received from studios located at Brampton, Ontario...". In approving this request, the Commission has taken particular notice of the licensee's assurances, quoted above, to maintain a significant level of service to Orangeville and area.

With the approval of the licensee's request to move the CIDC-FM studio location to Brampton, the Commission notes that no further action is required on that portion of application 941912800 requesting the deletion of the studio location from the licence.

The Commission acknowledges and has considered all of the interventions submitted in support of these applications.

Allan J. Darling
Secretary General