ARCHIVED - Broadcasting Decision CRTC 2002-329

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Broadcasting Decision CRTC 2002-329

Ottawa, 21 October 2002

CHUM Limited
Barrie and Parry Sound, Ontario

Application 2001-1327-5
Public Hearing in the National Capital Region
6 May 2002

Licence renewal for CKVR-TV Barrie and its transmitter CKVR-TV-1 Parry Sound


The Commission has considered the application by CHUM Limited (CHUM) for the renewal of the licence for the television programming undertaking CKVR-TV Barrie and its transmitter CKVR-TV-1 Parry Sound.


The Commission received 44 interventions with regard to this application, and all have been taken into account by the Commission in its deliberations. All of these interventions were in support of the renewal of the licence to operate CKVR-TV, and are discussed in Licence renewals for seven CHUM Limited television stations, Broadcasting Decision CRTC 2002-323, 21 October 2002 (Decision 2002-323) which introduces this and other decisions of today's date.

Simulcast of foreign films on CKVR-TV and CITY-TV Toronto


As a part of this application, CHUM also requested the removal of CKVR-TV's condition of licence requiring CHUM to ensure that non-Canadian feature films broadcast on CKVR-TV between 6:00 p.m. and midnight were also broadcast at the same time on CITY-TV, with the exception of one evening per week.


The purpose of ensuring the simulcast of most foreign films on CITY-TV and CKVR-TV stemmed from the fact that CHUM, with ownership of both stations, could have a potentially unfair competitive advantage in the Toronto market, through its ability to present programming to that audience on two different television stations, only one of which is licensed to serve Toronto as its primary market, although both are available on cable in the market.


In presenting its request for removal of the condition, CHUM indicated that approval of its proposal would provide CHUM with flexibility respecting programming, would have the potential to generate additional audience and revenues, and would be consistent with the treatment of CKVU-TV and CIVI-TV, the two CHUM television stations in the Vancouver market.


The Commission considers that, in view of the current competitive realities of the Toronto television market, approval of the licensee's request is both appropriate and consistent with the Commission's treatment of similar situations both in the Toronto market and elsewhere. The Commission therefore approves the licensee's request for removal of the condition of licence requiring simulcasting of foreign films on CKVR-TV and CITY-TV.

Channel placement of CKVR-TV on distribution undertakings


At the hearing, CHUM raised the issue of the channel placement of CKVR-TV on broadcast distribution undertakings (BDUs) in the Greater Toronto Area (GTA). Specifically, CHUM sought the Commission's assurance that the recent licensing of two new competitors in the Toronto/Hamilton market will not disrupt CKVR-TV's cable distribution in these markets.


In 1996, the Commission considered licence renewal applications by Rogers Cablesystems Limited (Rogers) for its cable distribution undertakings serving Metropolitan Toronto and Downsview. As part of its applications, Rogers requested to be relieved, by condition of licence, of the requirement of section 9 of the Broadcasting Distribution Regulations that it distribute CKVR-TV Barrie on the basic band, so long as the service is distributed as part of the basic service.


CHUM submitted an intervention to the Rogers renewal applications, suggesting that the Commission should direct metropolitan Toronto cable licensees to continue to distribute CKVR-TV on channel 20. In response, Rogers argued that such an action would be contrary to Commission policy, as set out in Access rules for broadcasting distribution undertakings, Public Notice CRTC 1996-60, 26 April 1996 (the Access Policy).


In Licence renewal, Decision CRTC 96-831, 23 December 1996, which renewed Rogers' cable licences, the Commission granted Rogers' request for relief from the regulatory requirement that it distribute CKVR-TV on the basic band. Although the Commission required that Rogers distribute the Barrie signal as part of the basic service, it did not stipulate any specific channel for this purpose.


CKVR-TV Barrie is currently distributed on channel 20 by most BDUs in the GTA. The Commission notes that, in a letter from Rogers to CHUM dated 3 May 2002 and subsequently filed by CHUM on 22 May 2002, Rogers confirmed its intention not to change the channel used for the distribution of the Barrie station on its Toronto area cable undertakings. The Commission considers that the proper time for discussion of the issue of channel placement is when a distributor is either requesting an exemption from regulatory requirements concerning the distribution of a signal, or when the renewal of a distributor's licence is under consideration. Neither circumstance currently applies in the case of the various cable systems distributing CKVR-TV in the GTA. Nevertheless, the Commission considers that Rogers' letter should alleviate CHUM's concern.

Term of licence


Based on its examination of this application, the Commission is satisfied that a long-term renewal of the licence for CKVR-TV is justified, and renews the licence from 1 December 2002 to 31 August 20091. The licence will be subject to the conditions of licence set out below, as well as to others contained in Decision 2002-323.

Conditions of licence

1.a) The licensee shall broadcast, at a minimum, in each broadcast year, an average of eight hours per week of Canadian programs in the priority program categories between 7:00 p.m. and 11:00 p.m., from Monday to Sunday. As defined in Definitions for new types of priority programs; revisions to the definitions of television content categories; definitions of Canadian dramatic programs that will qualify for time credits towards priority programming requirements, Public Notice CRTC 1999-205, 23 December 1999 (Public Notice 1999-205), the priority program categories are:
Canadian drama programs; Canadian music and dance and variety programs; Canadian long-form documentaries; Canadian regionally-produced programs in all categories other than News and information and Sports; Canadian entertainment magazine programs.
b) For the purpose of fulfilling the above-noted condition, the licensee may claim the dramatic programming credit announced in Public Notice 1999-205, as it may be amended from time to time.
2. Beginning 1 December 2002, the licensee shall caption 90% of all programming during the broadcast day, including 100% of all category 1 - News programming.
3.a. Beginning 1 September 2004, the licensee shall broadcast between 7:00 p.m. and 11:00 p.m. an average of three hours per week of described video programming.
b. Beginning 1 September 2006, and for the remainder of the licence term, the licensee shall broadcast between 7:00 p.m.and 11:00 p.m. an average of four hours per week of described video programming.

In fulfilling this condition, all of the described video programming must be Canadian, and a minimum of 50% of the required hours must be original broadcasts. Further, the licensee may broadcast up to one hour per week of described children's programming at an appropriate children's viewing time.

Other matters


The Commission expects the licensee to adhere to its commitment to expend a minimum of $119,000 over the licence term on expenditures for script and concept development.


The Commission expects the licensee, during each broadcast week, to broadcast a minimum of 14 hours of local programming. As set out in Decision 2002-323, the licensee may replace a maximum of one hour per week of local programming with regional programming, provided that the regional programming is drawn from a category other than news.


The Commission further expects the licensee to ensure that a minimum of 75% of the described video programming required under condition of licence 3 above, is priority programming.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site:
1 In Broadcasting Decision CRTC 2002-238, 22 August 2002, the Commission granted a three-month administrative renewal for CITY-TV, CFPL-TV, CHWI-TV, CKVR-TV, CHRO-TV, CKNX-TV and CKVU-TV, from 1 September to 30 November 2002.


Date Modified: 2002-10-21

Date modified: