Broadcasting Staff Letter addressed to Karen Gifford (Corus)

Ottawa, 21 April 2023

Reference(s): 2022-0653-1

BY E-MAIL

Karen Gifford
Corus
25 Dockside Drive
Toronto, Ontario, m5a 0b5
corus.regulatory@corusent.com

Subject: Performance evaluation report - Licence renewal application # 2022-0653-1 CFGQ-FM Calgary, Alberta Corus Radio Inc. Weeks of:  Sunday 22 January to Saturday 28 January 2023 and Sunday 29 January to Saturday 4 February 2023

Thank you for providing the material requested within the specified deadline in our request for information dated 14 February 2023 within the context of application 2022-0653-1.

Based on the documentation and audio recording provided, Commission staff was able to proceed with the evaluation of CFGQ-FM Calgary. Please refer to the following summary performance evaluation results for the station. This analysis is preliminary and will be used by Commission members in their deliberations.

Compliance Analysis

1.   Station format

Standard condition of licence 7 for commercial stations states that an FM station shall not operate within the Specialty Format unless authorized to do so per condition of licence. A station operates in the specialty format if it meets one or more of the following) ^Footnote13 :

- the language of broadcast is neither English nor French;
- more than 50% of the broadcast week is devoted to Spoken Word;
- less than 70% of the music broadcast is from subcategory 21 (Pop, Rock and Dance) and/or subcategory 22 (Country and Country-oriented).

In the cover letter dated 10 March 2023, you stated that CFGQ-FM devoted “258 hours to Category 1 (Spoken Word) during the weeks in question”. While analyzing the station’s programming, Commission staff confirmed that the station’s entire programming for the evaluation period was devoted to Category 1 (Spoken Word) programming. Consequently, the licensee operated CFGQ-FM in a specialty format resulting in an apparent non-compliance with its condition of licence 7 concerning FM stations’ format.

2.   Broadcast of local programming

Based on our analysis of the local programming broadcast, it appears that the station offers well under the 42 hours of such programming to be considered in compliance with the minimum requirement to solicit advertising as stipulated in condition of licence 8 for commercial stations) ^Footnote14 .

In the Commercial Radio Policy 2006 (Broadcasting Public Notice CRTC 2006-158), paragraph 183, Local programming is defined as follows:

Local programming includes programming that originates with the station or is produced separately and exclusively for the station. It does not include programming received from another station and rebroadcast simultaneously or at a later time; nor does it include network or syndicated programming that is five minutes or longer unless it is produced either by the station or in the local community by arrangement with the station.

In their local programming, licensees must include spoken word material of direct and particular relevance to the community served, such as local news, weather and sports, and the promotion of local events and activities.

Commission staff analyzed CFGQ-FM’s program log as well as the audio files provided and observed that it aired local advertising (Calgary area). Given that CFGQ-FM’s entire programming was rebroadcast from CHQR for the evaluation period, the licensee is in apparent non-compliance with condition of licence 8 to broadcast a minimum of one third of local programming to solicit or accept local advertising.

3.   Simulcast from CHQR

Based on our analysis of the documents provided by the licensee, as well as the statements provided in the 10 March 2023 cover letter, commission staff notes that CFGQ-FM’s entire programming for the evaluation period was rebroadcast from CHQR. The licensee is not authorized to simulcast the programming of CHQR to CFGQ-FM.

As set out in subsection 14(1) of the Regulations, an F.M. licensee that is also an A.M. licensee shall not, during the broadcast day, broadcast simultaneously on its F.M. station the same matter that is being broadcast on its A.M. station if any part of the F.M. station’s 3 mV/m contour or the digital radio station’s digital service area overlaps with any part of the A.M. station’s daytime 15 mV/m contour. Pursuant to subsection 14(3), notwithstanding subsection (1), a licensee may broadcast simultaneously for a maximum of 42 hours during any broadcast week.

Accordingly, the licensee is in apparent non-compliance with subsections 14(1) and 14(3) of the Regulations regarding the simulcast of its programming from CHQR to CFGQ-FM.

According to the results of this performance evaluation, the licensee appears to be in compliance with sections 8(1) and 8(5) as well as subsections 2.2(8), 2.2(9), 2.2(3)(b), 9(3)(a) and 9(3)(b) of the Radio Regulations, 1986.

Due to the above-mentioned simulcast from CHQR as well as the insufficient broadcast of local programming, it appears that the licensee is not in compliance with subsections 14(1) and 14(3) of the Regulations and conditions of licence 7 and 8 as set out in the Broadcasting Regulatory Policy CRTC 2022-334.

In this regard, more information is requested from the licensee further below, and should be received by the Commission no later than 1 May 2023.

Considering the above request, once the license renewal application is completed with this additional information the Commission will re-publish the application for additional comments. The timelines for the proceeding will be as follows:

·       The deadline for the filing of additional interventions will 10 calendar days after publication.
·       The deadline for the filing of replies to the interventions by the applicant will be 5 calendar days after the closure of the intervention period.

Instances of Apparent Non-Compliance

Please note that in evaluating instances of apparent non-compliance, the Commission considers factors such as the quantity, recurrence and seriousness of non-compliance. The Commission will impose measures according to the nature of the non-compliance, and consider the circumstances, the arguments provided by the licensee, as well as the actions taken to rectify the situation) ^Footnote15.

Upon receipt of your response to the questions set out in this letter regarding instances of apparent non-compliance, no further letter requesting additional information will be sent unless exceptional circumstances justify it. It is the licensee’s responsibility to provide a response that includes complete and accurate information, including any necessary supporting evidence, as this is your opportunity to comment in writing on the preliminary findings concerning CFGQ-FM’s instance(s) of apparent non-compliance described in this letter.

Please repeat each question in your response.

In the absence of a response on your part by the specified deadline, the licensee will be in a situation of apparent non-compliance with section 9(4) of the Regulations which requires licensees to respond to Commission requests for information relating to adherence to their regulatory obligations. 

Your response or other documents be submitted electronically by using the secured service “My CRTC Account” (Partner Log In or GCKey) and filling the “Broadcasting Cover Page” or the “Broadcasting Online Form and Cover Page” located on this web page.   Also on this web page you will find information on the submission of applications to the Commission “Filing Broadcasting and Canadian Program Certification documents with the CRTC: Privacy and Security”.

Should you have any questions regarding the present performance evaluation, please contact Marie-Joelle LeBlanc at 819-664-7197 or at the following e-mail: SurveillanceRadioMonitoring@crtc.gc.ca. For other matters, please contact Laurent Robillard-Cardinal 819-271-9404 – Laurent.Robillard-Cardinal@crtc.gc.ca

A copy of this letter and all other related correspondence will be placed on the station’s ongoing analysis file and to the public record of the proceeding.

Best regards,

Laurent Robillard-Cardinal
Senior Radio Analyst
Radio Policy and Applications

Questions

As set out in subsection 14(1) of the Regulations, an F.M. licensee that is also an A.M. licensee shall not, during the broadcast day, broadcast simultaneously on its F.M. station the same matter that is being broadcast on its A.M. station if any part of the F.M. station’s 3 mV/m contour or the digital radio station’s digital service area overlaps with any part of the A.M. station’s daytime 15 mV/m contour.
However, pursuant to subsection 14(3), notwithstanding subsection (1), a licensee may broadcast simultaneously for a maximum of 42 hours during any broadcast week.
Condition of licence 7 set out in conditions of licence for commercial AM and FM radio stations (Broadcasting Regulatory Policy CRTC 2022-334) states that an FM station shall not operate within the Specialty Format unless authorized to do so per condition of licence.
Also, the minimum requirement to solicit or accepting local advertising as stipulated in condition of licence 8 set out in conditions of licence for commercial AM and FM radio stations (Broadcasting Regulatory Policy CRTC 2022-334) is 42 hours.

Following the performance evaluation for the weeks of Sunday 22 January to Saturday 28 January 2023 and Sunday 29 January to Saturday 4 February 2023, and statements from Corus in its letter 10 March 2023, the licensee is in apparent non-compliance with subsections 14(1) and 14(3) of the Regulations regarding the simulcast of its programming to CFGQ-FM and with conditions of licence 7 and 8 set out in Conditions of licence for commercial AM and FM radio stations (Broadcasting Regulatory Policy CRTC 2022-334).
In light of the above:

1)     The Commission has received applications 2023-0201-6, 2023-0202-4 and 2023-0203-2. However, given no authorization has been granted by the Commission at this time, please indicate if the licensee is still simulcasting the programming of CHQR to CFGQ-FM? If yes, how many weekly hours?

2)     Please explain the circumstances that led to the apparent non‐compliance with subsections 14(1) and 14(3) of the Regulations.

In a response dated 24 January 2023, the licensee indicated it was “currently our intention to use CFGQ-FM to simulcast 126 hours of programming originating from CHQR each broadcast week” and that it was the licensee’s wish to apply for an amendment. Explain why did the licensee proceed with the simulcast before receiving authorization from the Commission, or even before filing the amendment applications?

Does the licensee acknowledge that the simulcast of CHQR on CFGQ-FM was and remains unauthorized given the Commission has not rendered its decision yet on the amendment application?

3)     Please explain the circumstances that led to the apparent none compliance with condition of licence 7.

Does the licensee acknowledge that operating within the Speciality format was and remains unauthorized by the Commission?

4)     Please explain why the licensee continued to air local advertising given it did not air local programming, which seems like a none compliance with condition of licence 8.

How much unauthorized local advertising did CFGQ-FM air during the weeks of Sunday 22 January to Saturday 28 January 2023 and Sunday 29 January to Saturday 4 February 2023?

Does the licensee acknowledge it should have refrained from soliciting or accepting local advertising?

5)     Please specify what measures have been or will be put in place to ensure immediate full compliance with the licensee’s regulatory obligations.

6)     Please comment on the possibility of a short-term renewal for CFGQ-FM should the licensee be found in non-compliance with subsections 14(1) and 14(3) of the Regulations and conditions of licence 7 and 8.

7)     Please comment on the possible imposition of additional measures, as set out in Broadcasting Information Bulletin CRTC 2014-608 such as :

The imposition of mandatory orders under section 12 of the Broadcasting Act (the Act) requiring the licensee to comply with subsections 14(1) and 14(3) of the Regulations and conditions of licence 7 and 8. Note that these orders would be registered with Federal Court orders under section 13 of the Act. Would you consent to the imposition of such orders if the Commission deems it necessary?

The obligation to broadcast an on-air announcement regarding its non-compliance.

Yours sincerely,

Laurent Robillard-Cardinal
Senior Radio Analyst

Appendix A

CHQR-CFQG-FM Contours

Date modified:

2023-04-21