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Broadcasting Decision CRTC 2003-149
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Ottawa, 9 May 2003
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CHUM Limited
Windsor, Ontario
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Application 2002-0740-9
Broadcasting Public Notice CRTC 2003-7
12 February 2003
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CIMX-FM Windsor - Licence renewal
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1.
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The Commission received an application by CHUM Limited (CHUM) to renew the broadcasting licence for the radio programming undertaking CIMX-FM Windsor.
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2.
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The Commission did not receive any interventions in connection with this application.
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3.
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Windsor is adjacent to Detroit, one of the largest American radio markets, and therefore receives many strong U.S. radio signals. The Commission considers that the Windsor market is unique and requires the programming flexibility envisaged in Commercial Radio Policy 1998, Public Notice CRTC 1998-41, 30 April 1998. Most commercial radio stations must broadcast a minimum Canadian content level of 35% for popular music, as required by the Radio Regulations, 1986. In Decision CRTC 99-513, 26 November 1999, however, the Commission approved an application by CHUM to broadcast an overall minimum Canadian content level of 20% for popular music broadcast on CIMX-FM.
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4.
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The Commission analyzed the programming broadcast by CIMX-FM during the week of 4 to 10 November 2001. The analysis revealed that only 18.6% of the category 2 musical selections broadcast by the licensee between 6:00 a.m. and 6:00 p.m., Monday to Friday, were Canadian musical selections. This finding constitutes a breach of CIMX-FM's condition of licence, which stipulates that the licensee shall "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."
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5.
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In Practices regarding radio non-compliance, Circular No. 444, 7 May 2001, the Commission described its approach relating to radio stations operating in non-compliance.
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6.
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Given that this is the first infraction by the licensee and consistent with Circular No. 444, the Commission renews the licence for CIMX-FM for a four-year term from 1 September 2003 to 31 August 2007, instead of the maximum term of seven years. This period will allow the Commission to assess, at an earlier date, the licensee's compliance with its condition of licence regarding the distribution of category 2 Canadian popular music.
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7.
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The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999. The licence will also be subject to the following conditions of licence:
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- 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:
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- in any broadcast week; devote 20% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and
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- 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.
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- The licensee shall, in each broadcast week, broadcast a minimum level of 5% of spoken word programming.
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- The licensee shall, in each broadcast week, broadcast a minimum of 1 hour and 30 minutes of news programming.
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8.
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For purposes of these conditions, the terms "broadcast week", "content category" and "musical selection" shall have the meaning set out in section 2 of the Radio Regulations, 1986.
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9.
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Because this licensee is subject to the Employment Equity Act and files reports concerning employment equity with Human Resources Development Canada, its employment equity practices are not examined by the Commission.
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Secretary General
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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: http://www.crtc.gc.ca
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Date Modified: 2003-05-09