ARCHIVED -  Decision CRTC 97-341

Decision

Ottawa, 14 July 1997

Decision CRTC 97-341

CHUM Limited

Windsor, Ontario - 951011600

Licence renewal for CIMX-FM

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 CIMX-FM 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.

Minimum amount of Canadian musical selections

3. The Commission denies CHUM Limited's (CHUM) request to reduce the minimum amount of Canadian musical selections broadcast per week on CIMX-FM from 20% to 10%.

4. In Decision CRTC 93-38 dated 29 January 1993, which last renewed the licence for CIMX-FM, the Commission granted the station some flexibility with regard to certain of its programming commitments in view of the unique circumstances of the Windsor market. The Commission indicated that the short-term licence granted therein would enable it to review within a reasonable time CIMX-FM's financial situation and the coresponding level of local service it provides.

5. As part of the current renewal application, CHUM requested additional flexibility by reducing the minimum amount of Canadian musical selections it must broadcast each week, from 20% to 10%. The Commission notes that in Decision CRTC 93-38, it denied a similar request by CHUM to reduce CIMX-FM's requirement from 15% to 10%. In fact, in view of CHUM's ownership of all the local, commercial stations in the Windsor market and the importance that the Windsor Radio Review (Public Notice CRTC 1984-233 dated 25 September 1984) placed upon the maintenance by stations serving that market of a firm Canadian orientation in music programming, the Commission, in that decision, required CHUM, by condition of licence, to increase the minimum level of Canadian content in the category 2 music broadcast on CIMX-FM each week, to 20%.

6. The Commission acknowledges in this regard the interventions submitted by the Canadian Independent Record Production Association (CIRPA), the Canadian Recording Industry Association (CRIA) and the Society of Composers, Authors and Music Publishers of Canada (SOCAN), as well as by Redmond Broadcasting Inc., licensee of CHRE-FM St. Catharines, in opposition to the application.

7. While the Commission recognizes the exceptional circumstances of the Windsor market, it reiterates the position taken in the Windsor Radio Review that stations serving that market maintain a firm Canadian orientation in music programming.

8. In view of the foregoing, and after careful review of CHUM's arguments and 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.

9. Accordingly, the Commission reminds CHUM that it is required, by condition of licence, to ensure that a minimum level of 20% in the category 2 music broadcast on CIMX-FM each week be Canadian.

News and spoken word

10. CHUM also requested deletion of its condition of licence requiring the broadcast of a weekly minimum spoken word level of 5% on CIMX-FM.

11. In Decision CRTC 93-490 dated 23 August 1993, 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. Accordingly, while all policy requirements respecting the level of news and spoken word for commercial FM stations were eliminated consistent with Public Notice CRTC 1993-38 dated 26 May 1993, the Commission denied that part of the applications by CIMX-FM and CIDR-FM Windsor (then CKLW-FM) concerning the deletion of the commitments to minimum levels of news and spoken word programming.

12. 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 this 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.

13. Accordingly, the Commission reminds CHUM that it is required, by condition of licence, to broadcast a weekly minimum spoken word level of 5% on CIMX-FM.

14. It is also a condition of licence that the licensee broadcast a weekly minimum of 1 hour and 30 minutes of news on CIMX-FM.

Format

15. The Commission approves the licensee's request to be relieved of the obligation to broadcast exclusively within the Group I format. Accordingly, it is a condition of licence that this station not be operated within the Specialty format as defined in Public Notice CRTC 1995-60, or as amended from time to time by the Commission.

Canadian talent development expenditures

16. 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

17. 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

18. 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

19. The Commission acknowledges the interventions received in support of this 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.

DEC97-341_0