ARCHIVED -  Decision CRTC 95-636

Decision

Ottawa, 29 August 1995

Decision CRTC 95-636

CanWest Television Inc.

Winnipeg and Minnedosa, Manitoba - 940951700

Licence renewal for CKND-TV and its transmitter CKND-TV-2

Following a Public Hearing held in Winnipeg beginning on 5 June 1995, the Commission renews the broadcasting licence for the television programming undertaking consisting of CKND-TV Winnipeg and CKND-TV-2 Minnedosa, 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.

CanWest Television Inc. (CanWest) is indirectly owned and controlled by Mr. Israel Asper. CanWest is also the licensee of CFRE-TV Regina, CFSK-TV Saskatoon, and CKVU-TV Vancouver. Mr. Asper also indirectly controls broadcasting undertakings in Ontario and in the Maritime provinces.

Local reflection

On 24 March 1995, the Commission issued Public Notice CRTC 1995-48 in conjunction with the release of decisions renewing the licences of privately-owned, English-language television stations in British Columbia, Ontario and Quebec. In that public notice, 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 areas they are licensed to serve.

In this regard, the Commission expects the licensee to adhere to the commitment in its renewal application to broadcast, at a minimum, an average of 9 hours 30 minutes per week of original local news during the new licence term.

Other local programming

The Commission notes the licensee's success in reflecting its community through programs such as "The Marjorie Stevens Show", "Lifewatch" and "First Nations". It also notes the continuing plans for production of the "Micro-Series", vignettes focusing on various topics of local interest. The Commission further notes CanWest's commitment to continue to broadcast other programs which reflect the community, throughout the new term of licence.

Requirement for either expenditures on or exhibition of Canadian programming - At the licensee's option

As announced in Public Notice CRTC 1995-48, the Commission has adopted a policy, according to which the licensees of most private English-language television stations earning over $10 million in total annual advertising revenues and network payments are being offered the option of either adhering to a condition of licence on Canadian programming expenditures similar to the existing condition, or adhering to a condition of licence requiring the licensee to exhibit a specific number of hours of Canadian drama (category 7), music (category 8) and variety programming (category 9) during the evening broadcast period for each year of the new licence term.

The options and the Commission's policy rationale are described more fully in that public notice.

In the course of discussions at the hearing, the licensee stated that it would prefer to accept a condition of licence related only to the exhibition of a specific number of hours of drama, music and variety programs. Accordingly, in this instance, the option chosen by the licensee is set out in the appendix to this decision as a condition of licence.

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 the licensee's commitment to spend an annual minimum amount of $20,000 on program development, rising to $21,000 in year 3 and to $22,000 by year 6.

Children's programming

With respect to programming directed to children, the Commission notes the licensee's commitment to broadcast on CKND-TV an average of 20 hours per week of Canadian programming directed to children aged 2-11 and a weekly average of one hour of Canadian programming of interest mainly to youth aged 12-17.

Service to the deaf and hard of hearing

The Commission acknowledges the interventions presented at the hearing by Closed Captioning & Subtitles, and by the Winnipeg Community Centre of the Deaf and the Manitoba Chapter of the Canadian Hard of Hearing Association, and has noted the licensee's responses thereto.

Consistent with its policy approach for closed captioning announced in Public Notice CRTC 1995-48, the Commission requires the licensee, from 1 September 1998 to the end of the term of this licence, to caption all local news programming, including live segments, using either real-time captioning or another method capable of captioning live programming.

The Commission also requires the licensee to close caption not less than 90% of all programming during the broadcast day, by the end of the licence term.

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 this regard, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.

The Commission also notes the licensee's broadcast of programs produced by Native Multi-Media Productions Inc., an independent production company. The Commission commends the licensee's support of these independent productions which has created important opportunities for freelance aboriginal correspondents, producers and entertainers.

Interventions

The Commission acknowledges the intervention submitted by Craig Broadcast Systems Inc. (Craig), licensee of CKX-TV Brandon and CHMI-TV Portage La Prairie/ Winnipeg, opposing this application, in respect of CKND-TV-2 Minnedosa. The intervener requested that the Commission impose a condition of licence on CanWest requiring it to permit Craig to continue to delete local Winnipeg commercials from CKND-TV-2, and insert on the Minnedosa undertaking local commercials sold by Craig and inserted in the schedule of Craig's Brandon undertaking, CKX-TV. The Commission notes that CanWest and Craig currently cooperate in such a fashion, based on an informal agreement.

In responding to this intervention, CanWest referred to Craig's application regarding its television undertaking, CHMI-TV Portage La Prairie/Winnipeg, also heard at the 5 June hearing. In that application, Craig requested to be relieved from the expectation that it not solicit local advertising in Winnipeg. CanWest stated that it would agree to continue the current arrangement of deleting local Winnipeg commercials from CKND-TV-2, and substituting therefor local commercials from CKX-TV, as long as Craig was not permitted to solicit local advertising in Winnipeg. During discussions at the hearing, CanWest expressed concern that, if Craig is permitted to continue commercial deletion and substitution on the Brandon undertaking at the same time it is allowed to solicit local advertising in Winnipeg, the delicate balance that exists in these markets would be altered. In that case, CanWest stated that it "must be in a position to have every option available to respond to the loss in revenues which we would undoubtedly suffer."

In a related decision issued today (Decision CRTC 95-634), the Commission has approved Craig's request to be relieved from the expectation that CHMI-TV not solicit local advertising in Winnipeg.

Having considered the views of the licensee and the intervener, the Comission is not convinced that the imposition of a condition of licence requiring CanWest to allow Craig commercial deletion and substitution on CKND-TV-2 is warranted. Moreover, the Commission notes that a separate licence would be required for CKND-TV-2 if the programming broadcast by this transmitter is not solely rebroadcast from CKND-TV.

The Commission acknowledges the concerns expressed in the intervention submitted by the Canadian Association of Broadcasters (CAB) concerning the applications heard at the 5 June hearing for the licence renewal of private television stations earning more than $10 million in annual advertising revenues and network payments. The Commission has addressed this intervention in Decision CRTC 95-589 dated 24 August 1995, renewing the licence for CICT-TV Calgary.

The Commission also acknowledges the many interventions in support of this application, submitted by individuals and organizations in the Winnipeg area.

Allan J. Darling
Secretary General

APPENDIX / ANNEXE

Conditions of licence for CKND-TV Winnipeg and CKND-TV-2 Minnedosa

1. The licensee shall broadcast in the evening broadcast period (between 6:00 p.m. and midnight) the following average number of hours per week of Canadian drama, music or variety programming in each year of the licence term:

 1995-1996 5:30 hours
 1996-1997 6:00 hours
 1997-1998 6:00 hours
 1998-1999 6:00 hours
 1999-2000 6:30 hours
 2000-2001 6:30 hours
 2001-2002 7:00 hours

 For the purpose of the above condition, the categories drama, music and variety have the same meaning as set out in Schedule I of the Television Broadcasting Regulations, 1987.

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.