ARCHIVED -  Decision CRTC 99-513

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Decision CRTC 99-513

  Ottawa, 26 November 1999
  CHUM Limited
Windsor, Ontario – 199902929
– 199902937 – 199902945
  Applications processed by Public Notice CRTC 1999-128 dated 5 August 1999


  In this decision, the Commission approves the licensee's request to broadcast an overall minimum Canadian content level of 20% for popular music broadcast on CKWW, CIMX-FM and CIDR-FM. The Radio Regulations, 1986 require commercial radio stations to broadcast weekly at least 35% Canadian content for popular music. Because it is adjacent to Detroit, one of the largest American radio markets, Windsor receives many strong U.S. radio signals. The Commission considers that the Windsor market is unique and that it requires the programming flexibility envisaged in the CRTC's commercial radio policy (Public Notice CRTC 1998-41). The policy allows licensees, in exceptional circumstances, to broadcast lower minimum Canadian content levels.
  1. The Commission approves the applications by CHUM Limited (CHUM) to amend the licences for its radio programming undertakings CKWW, CIMX-FM and CIDR-FM Windsor. CHUM requested a condition of licence that will allow each station to continue to broadcast a weekly category 2 music Canadian content (Cancon) level of 20% overall and a condition that requires the stations' 20% Cancon level to be distributed over the 6 a.m. to 6 p.m. high listening period, Monday to Friday.
  2. In Public Notice CRTC 1998-132, the Commission announced amendments to the Radio Regulations, 1986 (the regulations) that would give effect to the programming aspects of the Commission’s new policy for commercial radio that was announced in Public Notice CRTC 1998-41. Among other things, the amendments increased the minimum weekly category 2 music Cancon level that commercial radio stations are required to broadcast from 30% to 35%. Licensees must meet the 35% level on both a daily and weekly basis. The amendments also established a weekly Cancon level of 35% for category 2 musical selections broadcast between 6 a.m. and 6 p.m. Monday to Friday. The amendments came into force on 3 January 1999.
  3. In Public Notice CRTC 1998-41, the Commission stated that "some licensees, in exceptional circumstances, are currently subject to conditions of licence allowing for lower minimum Canadian content levels than generally required by way of regulation". It also stated that it "expects these licensees to continue with their current commitments." CHUM’s current applications reflect the Commission’s direction. Prior to adoption of the amended regulations, CKWW, CIMX-FM and CIDR-FM were required, by condition of licence, to broadcast a minimum level of 20% Cancon for category 2 music selections.
  4. The Society of Authors, Composers and Music Publishers of Canada (SOCAN) and the Canadian Independent Record Production Association (CIRPA) submitted interventions opposing these applications. Both interveners claimed that there is ample popular Canadian music available to enable the stations to meet a 35% Cancom level for category 2 music selections.
  5. SOCAN argued that competition from American stations does not justify granting exemptions from the regulations. It further claimed that there is no objective evidence that broadcasting Canadian music is detrimental to a station’s economic health. In addition, SOCAN noted that the amendment to the regulations is intended to increase, not decrease, the level of Canadian music played by radio stations.
  6. Noting that all the Windsor radio stations are owned by CHUM, CIRPA argued that the circumstances of that radio market have changed. The intervener also claimed that the stations are profitable. It noted that the stations have featured Canadian talent and that CHUM has commented publicly on its support for Canadian artists and creators.
  7. CHUM responded that, combined, the three music format radio stations are not profitable. In addition, CHUM pointed out that the Commission has long recognized the special circumstances of the Windsor radio market because it is adjacent to Detroit, one of the largest American radio markets. Furthermore, CHUM noted that it is a founding member of FACTOR and MusicAction as evidence of its commitment to Canadian artists and creators.
  8. The Commission is satisfied with CHUM’s response. The Commission notes that the Windsor radio market is extremely competitive and receives many strong U.S. radio signals. In this regard, the Commission notes that, from 1996 to 1998, tuning to U.S. stations in the Windsor market ranged from 59% to 66%. Accordingly, the Commission considers that the Windsor market is unique and requires programming flexibility. The unique situation of the Windsor market is one envisaged by the Commission and provided for in its policy which allows licensees, in exceptional circumstances, to broadcast lower minimum Canadian content levels.
  Conditions of licence for CKWW, CIMX-FM and CIDR-FM
  9. By condition of each licence the licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986:

in any broadcast week; devote 20% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and


between 6:00 a.m. and 6:00 p.m., in the period beginning on Monday of the broadcast week and ending on Friday of the same week, devote 20% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

  10. For purposes of this condition, the terms "broadcast week", "content category" and "musical selection" shall have the meaning set out in section 2 of the Radio Regulations, 1986.
  Secretary General
  This decision is to be appended to each licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:
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