ARCHIVED -  Decision CRTC 97-342

Decision

Ottawa, 14 July 1997

Decision CRTC 97-342

Redmond Broadcasting Inc.

St. Catharines, Ontario - 950953000 - 199700422

Licence renewal for CHRE-FM

1. Following Public Notice CRTC 1996-98 dated 12 July 1996, Decision CRTC 96-585 dated 30 August 1996 and Decision 96-801 dated 20 December 1996, the Commission renews the broadcasting licence for the radio programming undertaking CHRE-FM St. Catharines, 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, 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.

3. As part of its renewal application, Redmond Broadcasting Inc. (Redmond) requested authority to amend its Promise of Performance by increasing the maximum weekly use of hits from less than 50% to 100%. This request for amendment is made in response to Public Notice CRTC 1992-3 Guidelines for Assessing Applications for Programming Flexibility from Licensees of Radio Stations in Border Markets and Small Markets. Approval of this request would be an exception to the Commission's policy that limits the use of hit musical selections on FM radio stations to less than 50% of all musical selections broadcast each week.

4. The Commission notes that a request by Redmond to increase CHRE-FM's level of hits to 85% was denied in Decision CRTC 93-655 dated 21 October 1993. The Commission indicated that approval of this exception would provide CHRE-FM with a programming advantage not available to the other stations serving the St. Catharines/Niagara region. The Commission notes that while St. Catharines/ Niagara qualifies as a border market, based on the guidelines set out in Public Notice CRTC 1992-3, the main competition for stations in the St. Catharines area is from out-of-market Canadian stations, not from foreign broadcasters.

5. In assessing Redmond's current request, the Commission has determined that the licensee has failed to provide new information that would justify an exception to the policy, and maintains that stations serving the Niagara Peninsula should all be subject to the same restrictions, as provided in the policy.

6. Taking into consideration the foregoing, the Commission denies Redmond's request.

7. Furthermore, the Commission notes that in Public Notice CRTC 1997-42 dated 23 April 1997 entitled Revised Policy on the Use of Hits by English-language FM Radio Stations, it announced a new definition of a hit that will apply to all English-language commercial FM stations other than those serving the Montréal and Ottawa/Hull markets, which will grant licensees operating in those markets greatly enhanced flexibility in the programming of music.

8. The Commission reminds the licensee that it is required, by condition of licence, to broadcast less than 50% hit music weekly.

9. 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.

10. 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.

11. It is a condition of licence that the licensee 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.

12. 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.

13. The Commission acknowledges the opposing interventions submitted by licensees of radio stations operating in local and adjacent markets with respect to Redmond's request to increase the maximum weekly use of hits, and the licensee's reply thereto.

14. The Commission also acknowledges the other interventions submitted both in support of and in opposition to 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.

DEC97-342_0