ARCHIVED - Decision CRTC 95-696
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Ottawa, 29 September 1995
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Decision CRTC 95-696
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Blackburn Radio Inc. (formerly Blue Water Broadcasting Limited)
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Sarnia, Ontario - 940284300
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Licence amendment related to CFGX-FM
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Following Public Notice CRTC 1995-86 dated 29 May 1995, the Commission approves the application by Blackburn Radio Inc. (Blackburn), to amend the Promise of Performance for CFGX-FM Sarnia by increasing the weekly maximum level of hits from less than 50% to 85%.
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Blackburn's proposal constitutes an exemption to the Commission's FM Policy outlined in CRTC Public Notice 1990-111 dated 17 December 1990, which requires FM stations to restrict their use of hits to less than 50% of all music selections broadcast each week. The applicant has requested flexibility based on Public Notice CRTC 1992-3 "Guidelines for Assessing Applications for Programming Flexibility From Licensees of Radio Stations in Border Markets and Small Markets" (the Guidelines).
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In support of its request, Blackburn expressed its belief that the Sarnia market qualified for programming flexibility under the Guidelines, and stated that approval of the application would allow it to repatriate listeners from American radio stations. Blackburn also stated that, given the differences in format and programming between CFGX-FM and the other local stations, approval of a higher percentage of hits weekly would not significantly affect other local stations.
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An intervention in opposition to this application was submitted by Sarnia Broadcasters (1993) Ltd. (Sarnia Broadcasters), licensee of CHOK Sarnia. Sarnia Broadcasters stated that approval of this application would give CFGX-FM a competitive advantage over CHOK, a stand-alone and family-owned AM station.
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In response to the intervention, Blackburn stated that approval of this request would not seriously impact on CHOK, since the most serious competition for CFGX-FM is from over 60 radio stations in Detroit and Port Huron, Michigan. Blackburn further stated that the majority of CHOK's audience is over 45, while most listeners to CFGX-FM are under the age of 35. Moreover, Blackburn stated that the only time period which could undergo significant change would be after 7:00 p.m. Changes to CFGX-FM during this time period would have minimal impact on CHOK, which programs play-by-play sports and other talk programs during those hours.
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The Guidelines noted above stipulate that, for a radio station to be eligible for the flexibility offered to border market stations in Public Notice CRTC 1992-3, that market must be experiencing substantial (more than 20%) tuning to foreign radio stations, and the stations in the market, on average, have been unprofitable over the five years preceding the application.
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The Commission has carefully considered the views of the applicant and of the intervener. It is satisfied that the Sarnia market meets the criteria of a border market, as set out in Public Notice CRTC 1992-3, and based on the evidence available to it, the Commission is satisfied that approval of this application will not have an undue negative impact on other stations in the market.
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Allan J. Darling
Secretary General |
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- Date modified: