ARCHIVED - Broadcasting Decision CRTC 2003-70

Broadcasting Decision CRTC 2003-70

Ottawa, 25 February 2003

CHUM Limited
Kingston, Ontario

Application 2002-0731-7
Broadcasting Public Notice CRTC 2002-67
1 November 2002

CKLC Kingston - Licence amendment

The Commission approves the application by CHUM Limited to amend the broadcasting licence for CKLC Kingston, Ontario in order to broadcast a lower level of Canadian popular music.

The application

1.

The Commission received an application by CHUM Limited (CHUM) to amend the broadcasting licence for the radio programming undertaking CKLC Kingston, Ontario in order to broadcast a lower level of Canadian popular music.

2.

CHUM submitted that, in accordance with the Commission's policies, CKLC should be permitted to broadcast a minimum level of 30% Canadian popular music rather than the minimum level of 35% required by the Radio Regulations, 1986 (the Radio Regulations) because the station offers a music format based on the presentation of older musical selections. The applicant stated that there are a relatively limited number of Canadian musical selections in this genre.

Interventions

3.

The Commission received two interventions opposing CHUM's proposal from Mr. David Yateman and Mr. Neill Perry. They considered that many well-known contemporary Canadian artists would not have achieved recognition without the exposure they had received as a result of the requirement that Canadian commercial radio stations broadcast a minimum level of 35% Canadian popular musical selections. The interveners further maintained that unknown Canadian musicians should be given more airtime on Canadian radio stations.

The applicant's reply

4.

In response, CHUM reiterated that the music format offered by CKLC features older musical selections. CHUM stated that CKLC's format is directed to an older audience and that most of its playlist draws on music produced before 1981, a period in which the production of Canadian recordings was relatively limited. The applicant also pointed out that contemporary artists, such as the ones identified by interveners, are supported on radio stations which offer Top 40 and other contemporary FM formats and which are subject to the 35% Canadian content requirement.

The Commission's analysis and determination

5.

In Regulations Amending the Radio Regulations, 1986 - Commercial radio programming,Public Notice CRTC 1998-132, 17 December 1998 (Public Notice 1998-132), the Commission announced amendments to the Radio Regulations that require commercial radio stations to broadcast a minimum level of 35% of Canadian popular music both over the broadcast week and between 6 a.m. and 6 p.m. Monday to Friday. At the same time, the Commission established that radio stations whose formats are based on the presentation of older music could request flexibility to broadcast a minimum level of 30% of Canadian musical selections.

6.

Having examined the concerns raised by the interveners and considered the applicant's response, the Commission finds that the proposed licence amendment would be consistent with the policy outlined in Public Notice 1998-132. Accordingly, the Commission approves the application by CHUM to amend the broadcasting licence for CKLC in order to add the following condition of 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 where at least 90% of musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:

•  in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety; and

• between 6 a.m. and 6 p.m., in the period beginning on Monday of that week and ending on Friday of the same broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

The licensee will also be responsible for specifying, on the music lists it provides to the Commission, the year of release for all musical selections it broadcasts.

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