ARCHIVED - Decision CRTC 2000-434

Decision CRTC 2000-434

Ottawa, 8 November 2000

Entreprises Radio Etchemin inc.
Lévis, Quebec - 199811568

Application processed by Public Notice CRTC 2000-89  dated 28 June 2000

Licence amendment for CFOM-FM

The Commission denies the licensee's application to reduce from 55% to 45% the percentage of French-language vocal music selections from content category 2 (popular music) that CFOM-FM Lévis must broadcast in their entirety, from Monday to Friday between 6 a.m. and 6 p.m. The Commission considers that an exception to the regulations and the Commercial radio policy 1998 is not justified in the circumstances.

CFOM-FM is a French-language commercial radio station whose current programming format consists solely of "oldies" songs of the 60s, 70s and 80s. In support of its application for an exception to section 2.2(10) of the Radio Regulations, 1986, the licensee invoked, in particular, the limited availability of "juke-box" style songs in the French language that are suitable for its station's format. It stated that its application sought only to limit, on weekdays between 6 a.m. and 6 p.m., the number of repeats of the most popular French-language musical selections in the selected repertoires.

The Commission published its Commercial radio policy 1998 in April 1998 (Public Notice CRTC 1998-41). It stated, with respect to the availability of French-language musical selections, that after almost 25 years of regulated requirements for French-language vocal music, "broadcasters have a considerable catalogue of current and past French-language selections available to them." The Commission reiterated the importance of maintaining a French-language presence on radio and ensuring exposure for French-speaking artists. It chose to maintain the requirement that at least 65% of category 2 vocal musical selections broadcast each week by all French-language stations must be in the French language.

In its policy, the Commission acknowledged the importance of giving broadcasters the flexibility necessary to allow them to adjust their programming to the needs of their listeners and engage in true competition. The Commission considered however that stricter scheduling requirements were required to ensure that French-language vocal music would be distributed reasonably throughout the broadcast day. A Commission study had shown that some French-language stations were broadcasting relatively little French-language music during peak hours and making up the shortfall in other periods. That is why section 2.2(10) of the regulations requires French-language broadcasters, between 6 a.m. and 6 p.m. in any period beginning on the Monday of a given week and ending on the Friday of the same week, to devote 55% or more of their vocal musical selections from content category 2 to French language musical selections broadcast in their entirety.

The Commission also notes that CFOM-FM has benefited from the measures adopted in recent years to provide flexibility for radio stations. In 1995, it abolished programming formats for all FM stations except those broadcasting in the Specialty format. It was then that CFOM-FM adopted the "oldies" format. Since that time, CFOM-FM's listening audience has grown from 90,000 to about 200,000, and is remaining stable according to recent BBM data. The station's revenue has steadily increased since 1995, and its average profit before interest and taxes for the past three years is nearly twice the consolidated 1998-99 average for French-language AM and FM radio stations.

In 1999, the Commission granted more flexibility to radio stations in the "oldies" format (Decision CRTC 99-83) by providing for an exception to the Canadian music percentages required by the regulations. It reduced from 35% to 30%, the minimum percentage of category 2 Canadian music selections that must be broadcast in their entirety in any broadcast week where at least 90% of category 2 musical selections broadcast are selections released before 1 January 1981. This measure enabled CFOM-FM to draw further on the rich source of non-Canadian French-language vocal music available form other Francophone countries.

As mentioned above, the financial data and the most recent surveys for CFOM-FM do not appear to justify an exception to the regulations or the policy for commercial radio. One of the major objectives of the policy is to ensure that the French language is present on radio, particularly in peak listening periods. The new regulatory framework esatblished to achieve this objective came into force in January 1999 and is still quite recent. Therefore, the Commission considers that an exception to the regulatory requirements for the broadcast of French-language vocal music is not justified at this time. It has denied the licensee's application.

The Commission notes two interventions opposing this application, including the one by the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ), and the licensee's responses to those interventions.

Related CRTC documents

• Decision 99-83- Flexibility to broadcast a lower level of Canadian popular music for "oldies" radio stations

• Public Notice 1998-41 - Commercial radio policy 1998
  

• Public Notice 1995-60 - A review of certain matters concerning radio
  

Secretary General

This decision is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca