ARCHIVED - Decision CRTC 2001-709

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Decision CRTC 2001-709

Ottawa, 22 November 2001

William Evanov
Newmarket, Ontario 2001-0402-6

Application processed by
Public Notice CRTC 2001-91
dated 8 August 2001

Denial of the request to broadcast more than 50% hits on CKDX-FM


The Commission denies the application to relieve CKDX-FM Newmarket from its current condition of licence requiring that it broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42, as amended from time to time.


The licensee claimed that CKDX-FM, a "small station" with a "small signal", is operating at a competitive disadvantage in its own market with the strong signals of Toronto's major commercial FM stations that penetrate the Newmarket area. In order to compete with the mainstream music formats offered by these larger stations, the licensee developed "Dancing Oldies", a unique music format, not duplicated by its competitors, that focuses on dance music drawn from the 70's, 80's and 90's. The licensee stressed that access to the large pool of 70's disco hit music is critical to the success of this format.


The Commission notes that CKDX-FM's current condition of licence related to hits allows the licensee to devote up to almost half (49.9%) of its weekly play list to hits drawn from the 70's disco era. At the same time, under the revised hits policy set out in Public Notice CRTC 1997-42, all music released after 31 December 1980 qualifies as non-hit material for stations operating outside the Ottawa-Hull and Montréal radio markets. The licensee, therefore, is not restricted in the number of popular dance music selections from the 80's and 90's that CKDX-FM can air.


In view of the foregoing, the Commission is satisfied that the licensee does not need additional flexibility with respect to the level of hits it broadcasts to successfully program the "Oldies Dancing" format described in its application. Accordingly, it remains a condition of licence for CKDX-FM that the licensee broadcast, in any broadcast week, less than 50% hit material as defined in Public Notice CRTC 1997-42, as amended by Circular No. 445 dated 14 August 2001, and further amended from time to time during the term of the present licence.


The Commission has noted the comments in the interventions submitted by CHUM Limited, Corus Entertainment Inc. and Rogers Media regarding this application and the licensee's response.

Related CRTC documents

  • Public Notice 1997-42 - Revised policy on the use of hits by English-language FM radio stations
  • Circular No. 445 - Changes to the charts used by the Commission to determine what constitutes a hit

Secretary General

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Date Modified: 2001-11-22

Date modified: