ARCHIVED -  Decision CRTC 97-339

Decision

Ottawa, 14 July 1997

Decision CRTC 97-339

CHUM Limited

Windsor, Ontario - 951009000

Licence renewal for CKWW

1. Following Public Notice CRTC 1996-98 dated 12 July 1996, Decision CRTC 96-585 dated 30 August 1996, and Decision CRTC 96-801 dated 20 December 1996, the Commission renews the broadcasting licence for the radio programming undertaking CKWW Windsor, from 1 September 1997 to 31 August 2003, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in the licence to be issued.

2. The licence term granted herein, while less than the maximum of seven years permitted by the Broadcasting Act (the Act), will enable the Commission to consider the next licence renewal of this undertaking in accordance with the Commission's regional plan and to better distribute the workload within the Commission. This term is not reflective of any Commission concern regarding the licensee's performance.

Weekly minimum level of news

3. As part of the current application, CHUM Limited (CHUM) requested the deletion of its condition of licence requiring the broadcast of a weekly minimum of 1 hour and 30 minutes of news on CKWW.

4. In Decision CRTC 93-37 dated 29 January 1993, the Commission approved the applications by CHUM for authority to acquire the assets of CKLW, now CKWW, and CKLW-FM Windsor, now CIDR-FM, and granted a short-term licence that would enable it to review within a reasonable time CKWW's financial situation and the corresponding level of local service it provides.

5. The Commission stated that it considered it vital that CHUM provide a firm Canadian orientation in the news services it produces for Windsor residents and approved, by condition of licence, the proposal contained in CHUM's applications to broadcast a weekly minimum of 1 hour and 30 minutes of news on CKLW (now CKWW) and CKLW-FM.

6. In Decision 93-490 dated 23 August 1993, which denied CHUM's applications concerning the deletion of the commitments to minimum levels of news and spoken word programming on two of the four stations that CHUM operates in the Windsor market, the Commission stated that it considered the radio market in Windsor to be unique in that one licensee operates all four local commercial radio stations, and reiterated its view that stations operating in such a broadcasting environment must reflect a firm Canadian orientation in news and spoken word programming.

7. In view of the foregoing, and after careful review of the licensee's arguments and of the station's financial situation, the Commission has determined that CHUM has failed to demonstrate that approval of its current request is justified in the circumstances. Furthermore, the Commission is of the view that the licensee has failed to demonstrate that approval of this request is essential to the station's competitive position vis-à-vis U.S. stations.

8. Accordingly, the Commission reminds CHUM that it is required, by condition of licence, to broadcast a minimum weekly level of 1 hour and 30 minutes of news on CKWW.

Canadian talent development expenditures

9. The licensee is required, by condition of licence, to make payments to third parties involved in Canadian talent development at the level identified for it in the Canadian Association of Broadcasters' (CAB) Distribution Guidelines For Canadian Talent Development, as set out in Public Notice CRTC 1995-196 or as amended from time to time and approved by the Commission, and to report the names of the third parties associated with Canadian talent development, together with the amounts paid to each, on its annual return. The payments required under this condition of licence are over and above any outstanding commitments to Canadian talent development offered as benefits in an application to acquire ownership or control of the undertaking.

Sex-role portrayal

10. It is a condition of licence that the licensee adhere to the guidelines on gender portrayal set out in the CAB's 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.

Employment equity

11. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

Interventions

12. The Commission acknowledges an intervention opposing this licence renewal application. The Commission also acknowledges the interventions received in support of the application.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

This document is available in alternative format upon request.

DEC97-339_0