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Afin de rencontrer certaines des exigences de cette loi, les procès-verbaux du Conseil seront dorénavant bilingues en ce qui a trait à la page couverture, la liste des membres et du personnel du CRTC participant à l'audience et la table des matières.
Toutefois, la publication susmentionnée est un compte rendu textuel des délibérations et, en tant que tel, est transcrite dans l'une ou l'autre des deux langues officielles, compte tenu de la langue utilisée par le participant à l'audience.
TRANSCRIPT OF PROCEEDINGS BEFORE
THE CANADIAN RADIO‑TELEVISION AND
TELECOMMUNICATIONS
COMMISSION
TRANSCRIPTION
DES AUDIENCES DEVANT
LE
CONSEIL DE LA RADIODIFFUSION
ET
DES TÉLÉCOMMUNICATIONS CANADIENNES
SUBJECT/SUJET:
VARIOUS BROADCASTING APPLICATIONS /
PLUSIEURS DEMANDES EN RADIODIFFUSION
HELD AT: TENUE À:
Conference Centre Centre de conférences
Outaouais Room Salle Outaouais
Portage IV Portage IV
140 Promenade du Portage 140, promenade du Portage
Gatineau, Quebec Gatineau (Québec)
March 29, 2007 Le
29 mars 2007
Transcripts
In order to meet the requirements of the Official Languages
Act, transcripts of proceedings before the Commission will be
bilingual as to their covers, the listing of the CRTC members
and staff attending the public hearings, and the Table of
Contents.
However, the aforementioned publication is the recorded
verbatim transcript and, as such, is taped and transcribed in
either of the official languages, depending on the language
spoken by the participant at the public hearing.
Transcription
Afin de rencontrer les exigences de la Loi sur
les langues
officielles, les procès‑verbaux pour le
Conseil seront
bilingues en ce qui a trait à la page
couverture, la liste des
membres et du personnel du CRTC participant à
l'audience
publique ainsi que la table des matières.
Toutefois, la publication susmentionnée est un
compte rendu
textuel des délibérations et, en tant que tel,
est enregistrée
et transcrite dans l'une ou l'autre des deux
langues
officielles, compte tenu de la langue utilisée
par le
participant à l'audience publique.
Canadian
Radio‑television and
Telecommunications
Commission
Conseil
de la radiodiffusion et des
télécommunications
canadiennes
Transcript
/ Transcription
VARIOUS
BROADCASTING APPLICATIONS /
PLUSIEURS
DEMANDES EN RADIODIFFUSION
BEFORE / DEVANT:
Rita Cugini Chairperson
/ Présidente
Michel Arpin Commissioner
/ Conseiller
Richard French Commissioner
/ Conseiller
Barbara Cram Commissioner
/ Conseillère
Helen del Val Commissioner
/ Conseillère
ALSO PRESENT / AUSSI PRÉSENTS:
Jade Roy Secretary / Secrétaire
Valérie Dionne Legal
Counsel /
Conseillère juridique
Joe Aguiar Hearing
Manager /
Gérant de l'audience
HELD AT: TENUE
À:
Conference Centre Centre de conférences
Outaouais Room Salle
Outaouais
Portage IV Portage
IV
140 Promenade du Portage 140, promenade du Portage
Gatineau, Quebec Gatineau (Québec)
March 29, 2007 Le
29 mars 2007
TABLE
DES MATIÈRES / TABLE OF CONTENTS
PAGE
/ PARA
PHASE I
PRESENTATION BY / PRÉSENTATION PAR:
Larche Communications Inc. 783 / 4951
Haliburton Broadcasting Group (OBCI) 842 / 5332
PHASE III
INTERVENTION BY / INTERVENTION PAR:
Music and Film in Motion 910 / 5751
PHASE IV
Connelly Communications Inc. 921 / 5817
William Wrightsell 923 / 5830
Joco Communications Inc. 925 / 5839
TABLE
DES MATIÈRES / TABLE OF CONTENTS
PAGE / PARA
PHASE I
PRESENTATION BY / PRÉSENTATION PAR:
Canadian Documentary Channel Limited Partnership 927 / 5854
PHASE II
INTERVENTION BY / INTERVENTION PAR:
CFTPA 968 / 6108
Documentary Organisation of Canada 991 / 6234
AFFIRMED: MR. DAVID J. MANCY 1032 / 6460
PHASE I
PRESENTATION BY / PRÉSENTATION PAR:
CJRN 710 Inc. 1032 / 6463
Gatineau Quebec / Gatineau (Québec)
‑‑‑ Upon resuming on Thursday, March 29, 2007
at 0900 / L'audience reprend le vendredi
29 mars 2007 à 0900
LISTNUM 1 \l 1 \s 49454945 THE CHAIRPERSON: Order, please.
LISTNUM 1 \l 14946 Madam Secretary.
LISTNUM 1 \l 14947 THE SECRETARY: For the record, Newcap has filed their market study. This document is available in the examination room.
LISTNUM 1 \l 14948 We will now proceed with Item 17 on the Agenda which is an application by Larche Communications Inc. for a licence to operate an English‑language FM commercial radio programming undertaking in Sudbury.
LISTNUM 1 \l 14949 The new station would operate on frequency 91.7 MHz, Channel 219B, with an effective radiated power of 50,000 watts, non‑directional antenna/antenna height of 120.9 metres.
LISTNUM 1 \l 14950 Appearing for the applicant is Mr. Paul Larche, who will introduce his colleagues. You will then have 20 minutes to make your presentation.
PRESENTATION / PRÉSENTATION
LISTNUM 1 \l 14951 MR. LARCHE: Thank you.
LISTNUM 1 \l 14952 Good morning, Madam Chair and Commissioners. My name is Paul Larche. I am the President of Larche Communications Inc., or LCI for short. It is a privilege, as always, to be in front of you today applying for a new FM radio service for Sudbury.
LISTNUM 1 \l 14953 I would like to introduce my panel. Unfortunately, Mora Austin, who is our company's Vice President, could not join us this morning as her son is having surgery, so I have asked our Midland Station Manager's General Sales Manager, Linda Young, to do a little pinch‑hitting for Mora this morning. Linda has worked at CICZ for over 10 years and she is to my far left, your far right.
LISTNUM 1 \l 14954 Next to Linda ‑‑ actually, next to me, is our company's Music and Program Director, along with Morning Show Host of CICZ‑FM Ted Roop. Ted recently won the Canadian Country Music Association's On‑Air Personality of the Year Award for 2006.
LISTNUM 1 \l 14955 Seated next to Ted is our Promotions Director for CIKZ‑FM Kitchener, Beth Warren. Prior to joining us just over three years ago, Beth worked for more than 10 years in the Canadian Independent Country Music industry. She won Manager of the Year award in both 1999 and 2000 at the Ontario Country Music Awards and Record Company Person of the Year at the CCMA awards in 1999.
LISTNUM 1 \l 14956 Madam Chair and Commissioners, I can't tell you how excited I am to be here today. Sudbury really does hold a very special place in my heart and life. In 1986, I was transferred out of Timmins, my home town, to Sudbury in the capacity of General Manager of CKSO and CIGM‑FM, two stations Telemedia had just purchased from the Plant family.
LISTNUM 1 \l 14957 When you grow up in Timmins, moving to Sudbury is a big deal. Sudbury was, and still is, the largest city in Northern Ontario. I was only 26 years old, but what I lacked inexperience I hope I made up in enthusiasm.
LISTNUM 1 \l 14958 The two stations needed a lot of work and, with the help of a great group of people, many of whom still work there, we turned these stations around from money losers to a profitable business.
LISTNUM 1 \l 14959 I made many friends in Sudbury that I'm still very close to today. My second daughter, Jessica, was born at Sudbury General. She is 19. Whew, time flies.
LISTNUM 1 \l 14960 Sudbury is where I was first exposed to the Salvation Army. I sat on their Board and marvelled at the great things they unselfishly do for the communities they serve. They taught me so much about giving back.
LISTNUM 1 \l 14961 I spent four years in Sudbury. It was, and still is, a great city that sometimes gets an unfair rap.
LISTNUM
1 \l 14962 I also hoped I could do business
there again. Northern Ontario is a great
place to grow up and do business. I understand its culture and
needs. J'apprécie et comprends la
culture du nord Ontario ‑ de le point de vue anglais et franco‑ontarian.
LISTNUM 1 \l 14963 We are very proud of the application before you today. We believe it strikes the perfect balance of reflecting and satisfying market needs, sound business judgment, and fulfilling the mandate of the Broadcast Act.
LISTNUM 1 \l 14964 So let's start with our business plan.
LISTNUM 1 \l 14965 Ted...?
LISTNUM 1 \l 14966 MR. ROOP: Thank you very much, Paul.
LISTNUM 1 \l 14967 Good morning, Commissioners.
LISTNUM 1 \l 14968 We are applying for a country music station in Sudbury. I want to make it clear that this decision was not based on the fact that we are known for country radio, but because that is what the market wants. We commissioned research to determine the viability of the top three radio formats currently missing on the FM band in Sudbury: Country, CHR and Alternative Rock.
LISTNUM 1 \l 14969 The format with the best potential for success was clearly Country. This stands to reason, as Sudbury is one of the few communities of its size in Ontario that does not have a country FM. Country radio is Canada's third most listen to format, and forth in Ontario.
LISTNUM 1 \l 14970 As you know there is an AM station owned by Rogers in Sudbury that does air some country music. This station, however, is not for filling the needs of the market, particularly with listeners under the age of 50, where CIGM only garners a 3 percent share of hours tuned.
LISTNUM 1 \l 14971 This is an unfortunate reality of music on AM radio today and is why several are finding alternative formats such as sports and talk. Country listeners in Sudbury have abandoned radio for iPods and internet to get their country fix.
LISTNUM 1 \l 14972 The new station were applying for will be called KICX 91.7, Sudbury's Hot New Country, branded in the same way as our Midland station, CICZ, which we call KICX 104, and CIKZ which we call KICX 106.
LISTNUM 1 \l 14973 But KICX 91.7 won't be a rebroadcaster or of our existing station. All of the programming will be local. KICX 91.7 will feature the best in country music from the late '80s, '90s and today. Core artists will include Shania Twain, the Dixie chicks, Paul Brandt, Alan Jackson and Terri Clark.
LISTNUM 1 \l 14974 Approximately 50 percent of our selection will be current. However, heritage country artists, like Patsy Cline and Anne Murray, will also find a home of our station. We will place a special emphasis on Canadian country music. That's why we have proposed as a condition of licence a minimum of 40 percent Canadian content.
LISTNUM 1 \l 14975 We are also very proud of our track record to developing and exposing new country emerging artists. Beyond our substantial CCD commitments, we have committed to airing vignettes that highlight emerging Canadian artists that we have added to our playlist.
LISTNUM 1 \l 14976 We are prepared to accept as a condition of licence a quota on Canadian emerging artists, although we do believe the CRTC must clearly articulate how it will define an emerging artist and the regulatory mechanism it will use to measure it. We support the CAB's intervention for this hearing regarding these matters.
LISTNUM 1 \l 14977 I am very proud of the track record KICX 104 in Midland has established. The Canadian Country Music Association has chosen us as Country Station of the Year for four out of the past five years. We would like to duplicate this success in Sudbury.
LISTNUM 1 \l 14978 Of course, music is only one component of a successful station. Our non‑music programming, in a nutshell, will be local, local and more local. That is what has made us successful in Central Ontario, that is what is making must successful in Kitchener, and that is what will make us successful in Sudbury.
LISTNUM 1 \l 14979 In today's age of iPods, Satellite Radio and other emerging technologies, terrestrial radio's true edge is being local: Informing, reflecting and discussing local and regional content.
LISTNUM 1 \l 14980 We have committed to over 12 and a half hours of meaningful local spoken‑word programming. For example, we will program is six times per day special community vignettes called "Community Clips". They will feature a wide range of local topics and interviews aimed to reflect the needs of Sudbury and cultural diversity of the region.
LISTNUM 1 \l 14981 With over 300 lakes in the greater Sudbury Watershed, we will offer comprehensive daily recreation and tourism reports throughout the year focused on boating, fishing, camping, skiing, snowmobiling and more.
LISTNUM 1 \l 14982 You will find our community cruiser at many community events such as the Northern Lights Festival, offering both on‑site and on‑air exposure.
LISTNUM 1 \l 14983 In addition, the station will invite various community groups and charitable organizations to post their information, special events and links on our website.
LISTNUM 1 \l 14984 KICX 91.7 will also offer a new and diverse news voice to the Sudbury market. We will provide a comprehensive news service, broadcasting over four hours of news and information per week. The news will be supplemented by local sports, local weather and local traffic reports throughout the broadcast day.
LISTNUM 1 \l 14985 And, as an added benefit, we will cross‑promote news, public events and tourist attractions between our Midland and Kitchener operations.
LISTNUM 1 \l 14986 Now to talk to you a little bit more about our company, here's Linda.
LISTNUM 1 \l 14987 MS YOUNG: Thanks, Ted.
LISTNUM 1 \l 14988 Madam Chair and Commissioners, I have worked at CICZ‑FM for over 10 years. Prior to Paul's purchase, I can honestly tell you it was in bad shape. We only had a staff of six people. We were losing money, revenues, let alone morale.
LISTNUM 1 \l 14989 It's hard to believe that Paul bought the station 10 years ago. I guess time really does fly when you are having fun. And what a great ride it has been.
LISTNUM 1 \l 14990 Under Paul's leadership CICZ‑FM has been a great broadcast success story. We are very proud to say were doing the same in Kitchener.
LISTNUM 1 \l 14991 Our Mission Statement is exceedingly simple: MOCHA. This stands for Make Our Customers Happy Always. Our customers are the people of communities we serve, including our listeners, our advertisers, and our employees.
LISTNUM 1 \l 14992 In fact, it is mandatory at LCI that all management volunteer for a service group or charitable organization within our market. The core values behind MOCHA are really quite simple: Make sure we have the right strategy, the right people, effective systems and quality in everything we do.
LISTNUM 1 \l 14993 Our vision is to be the most successful small, independent broadcaster in Canada. We want to be envied as a leader in community service, ratings, profitability, innovation and also a place to work.
LISTNUM 1 \l 14994 It really comes down to this: Ask our customers what they want and give it to them. What a concept!
LISTNUM 1 \l 14995 Despite the size of our company, Paul has set high standards that bring out the best in all of us. His staff and peers respect and admire him. He believes in rewarding people, both promotionally and financially, and our profit‑sharing programs exhibit his generous character.
LISTNUM 1 \l 14996 I speak on behalf of the entire staff, when I say Paul has taught us all so much, so much about running a profitable business; so much about managing and coaching; and so much about the importance of serving our communities with the same dedication and passion that we all have for this great business, radio.
LISTNUM 1 \l 14997 We want our company to grow. Paul wants to give his employees an opportunity to grow as well. That is why we are here today. We have shown ourselves and we have shown the industry that despite being a small independent we can compete with the very best in the country.
LISTNUM 1 \l 14998 I would now like to pass it over to Beth.
LISTNUM 1 \l 14999 MS WARREN: Thanks, Linda.
LISTNUM 1 \l 15000 I have worked in the music business in a number of capacities for more than 20 years. This is my first occasion to present in front of the CRTC, and I would like to take this opportunity to tell you first‑hand that the dollars committed by radio really do make a difference. I have worked with several artists that have gone on to have successful careers and they couldn't have done it without the help and the financial support of radio.
LISTNUM 1 \l 15001 LCI is committing a total of $350,000 over the first licence term. We believe our initiatives will make a real difference, particularly with emerging artists.
LISTNUM 1 \l 15002 $20,000 per year will go to FACTOR. It goes without saying the great job they do at developing new talent and assisting Canadian talent in general.
LISTNUM 1 \l 15003 Another $10,000 per year will go to the CCMA's Country Talent Development Fund. These funds provide emerging Canadian artists great showcase opportunities, including Canadian Country Music Week each September.
LISTNUM 1 \l 15004 We have committed $10,000 per year to send Sudbury and area emerging artists to Canadian Music Week. These participants will attend special artist/creator development courses, seminars, workshops and mentoring sessions that will help provide new artists, writers and musicians with the knowledge and tools they need to succeed.
LISTNUM 1 \l 15005 KICX 91.7 will also host the StarQuest talent search at the cost of $10,000 per year. This will be modeled on the successful StarQuest's we conduct in Midland and Kitchener. The winner will receive studio time, reproduction and, of course, airtime on all of our stations.
LISTNUM 1 \l 15006 Our application also outlines a commitment of $50,000 per year in airtime devoted to promotion of music‑related activities in Sudbury and area as it relates to emerging artists. This would include the promotion of concerts and performances by local artists; artistic programs in the community; and the release of CDs for local artists. These are truly outstanding CCD initiatives, that we believe exceed and surpass the Commission's CCD plan as outlined in the recent Radio Review.
LISTNUM 1 \l 15007 LCI is committed to Canadian country music ‑‑ it's our lifeline ‑‑ and we know we need a steady supply of high quality talent for our listeners. We always strive to present Canadian emerging artists any time we are able to, often opening for a popular headliner so that we can have a built‑in audience.
LISTNUM 1 \l 15008 LCI has presented many country music concerts in both Central Ontario and Kitchener‑Waterloo. These shows are done at our expense and our risk.
LISTNUM 1 \l 15009 And we often present concerts at no cost to the audience. For example, Paul challenged me a few years ago to present five Canadian artists in on night for more than 2,000 people. It sounds simple enough, however all five artists were playing in three different venues in three different cities. It was a bit of a challenge logistically, however, we exposed as many of our listeners as possible to as much Canadian country talent as possible in just one night. The audience, our listeners, were absolutely thrilled. Three years later I still have people telling me what a great time they had.
LISTNUM 1 \l 15010 The artists? Not only did they also have a great time, but they sold more CDs in that one night than they have at most gigs and, as a result, they now have a tonne of loyal fans.
LISTNUM 1 \l 15011 In my career, I have worked on the artist side with many radio stations from across the country. I know it sounds a little bit like job security, but I can honestly tell you that I have never seen a company that puts so much time, effort, money and heart into promoting and exposing Canadian talent. We hope to have the chance to do this in Sudbury.
LISTNUM 1 \l 15012 Paul...?
LISTNUM 1 \l 15013 MR. LARCHE: Thanks, Beth.
LISTNUM 1 \l 15014 In this time of consolidation, radio station ownership is changing very quickly. Independent broadcasters are becoming rare, which is a shame because I believe we play a vital role in Canada's broadcast system. Beyond offering an alternative voice, we create many of the jobs in our industry, particularly for people starting out, and often consolidation results in staff reductions.
LISTNUM 1 \l 15015 But equally important is that our industry functions at its best with many stakeholders, not just the voice or position of five big companies with various competing interests. That's why I'm so active with the Canadian Association of Broadcasters and I chair several committees, including the Independent Radio Caucus Committee, to ensure the smaller players have a voice.
LISTNUM 1 \l 15016 The larger companies, with their considerable financial and human resources, can make it difficult for an independent to survive if they want, especially if they decide to go head‑to‑head in a competitive market. Some can afford to lose money for years. An independent broadcasters cannot.
LISTNUM 1 \l 15017 LCI is being proactive with this application. We are positioning ourselves for the long term. Economies will be realized for us in areas such as programming, management and accounting, and since all three stations will have the same format, several promotions could involve all entities.
LISTNUM 1 \l 15018 I mentioned earlier my exposure to the Salvation Army in Sudbury in 1986. This is an organization I'm still very much involved with today. This past Christmas, our two stations collectively raised over $50,000 for needy families in our communities with the Salvation Army: making a difference in the communities we serve. At our Christmas party we talked about it. There wasn't a dry eye in the house, because we all consider this a privilege.
LISTNUM 1 \l 15019 We are custodians of broadcast licences that belong to the Canadian people. The Broadcast Act wisely lets us hold on to it if we give back and reflect our country and our communities. What a deal.
LISTNUM 1 \l 15020 You have had several great applications in front of you yesterday and TV today by some great broadcasters. I don't envy your position.
LISTNUM 1 \l 15021 But, in conclusion, I hope you will agree this application exceeds and surpasses the Commission's criteria for licensing a new radio station. I trust you will agree that it a fair, realistic application based on what we have already proven we will do, not just on what you want to hear.
LISTNUM 1 \l 15022 Approval of this application will fill the largest under served format in the market, country, by a young group of broadcasters who are considered by their peers, as the best in Canada when it comes to this format. We will bring listeners back to radio.
LISTNUM 1 \l 15023 Approval of this application will introduce a new editorial voice in the city, one that will offer extensive news and community programming, as well as a number of additional community initiatives that will expand and reflect the make‑up and culture of the great city of Sudbury.
LISTNUM 1 \l 15024 Approval of this application will result in a 40 percent Canadian content and a comprehensive series of expenditures on Canadian talent totalling over $350,000 over the licence term.
LISTNUM 1 \l 15025 Finally, approval of this application will allow a small, independent radio company to get stronger, stronger to hold its own against much larger public companies, stronger to weather economic downturns, and stronger to contribute and enhanced, the goals and aspirations of the Canadian Broadcast Act.
LISTNUM 1 \l 15026 Thank you very much. We appreciate your time and we are ready for your questions
LISTNUM 1 \l 15027 THE CHAIRPERSON: Thank you, Mr. Larche, and your colleagues.
LISTNUM 1 \l 15028 Commissioner del Val...?
LISTNUM 1 \l 15029 COMMISSIONER del VAL: Thank you, Madam Chair.
LISTNUM 1 \l 15030 Thank you for your presentation, Mr. Larche and your team.
LISTNUM 1 \l 15031 We will start with the easy stuff first. Let's just go to the format that you have chosen.
LISTNUM 1 \l 15032 The age range, the demographic that you have identified, 35 to 64, is quite a wide range. Can you identify within that range what is the sort of the core target group?
LISTNUM 1 \l 15033 MR. LARCHE: Thirty‑nine year old female.
LISTNUM 1 \l 15034 COMMISSIONER del VAL: That is quite a narrow ‑‑ all right.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15035 MR. LARCHE: Is that narrow enough for you?
LISTNUM 1 \l 15036 COMMISSIONER del VAL: You can widen it a bit more than just one year.
LISTNUM 1 \l 15037 MR. LARCHE: We have a fictional couple called Jack and Diane. Diane is 39 and Jack is 41 and we know who they are, what is important in their lives, where they work, where their kids go to school, the types of things that mean a lot to them in terms of values in their life.
LISTNUM 1 \l 15038 Country music is a very roots‑based‑type format with strong values. So we have a very, very, very clear definition of who our target customer is and all of our on‑air staff and, frankly, our entire staff, know Jack and Diane very well.
LISTNUM 1 \l 15039 I can tell you where they live in Midland and in Kitchener if you want.
LISTNUM 1 \l 15040 COMMISSIONER del VAL: So are those the same target groups in your Midland and the Kitchener stations?
LISTNUM 1 \l 15041 MR. LARCHE: That is correct.
LISTNUM 1 \l 15042 COMMISSIONER del VAL: I know you have also named and identified the country music from the late '80s, '90s. and then 50 percent is from that category, '80s, '90s up to today. Then you have named some of the Patsy Cline's and Anne Murray's, the older artists.
LISTNUM 1 \l 15043 Are you going to be sort of day‑parting your programming or are you going to mix it all up?
LISTNUM 1 \l 15044 MR. LARCHE: I will let Ted talk a little bit more about that, but we do mix it all up and we do feature some of what we call "classic country". We call them "KICX Classic Cuts" and we position those not every hour but through the day for those country fans who do enjoy some of the older heritage stuff.
LISTNUM 1 \l 15045 Ted, do you have anything to add to that?
LISTNUM 1 \l 15046 MR. ROOP: We do mix it up. We have a very good era balance between all of the artists. We don't do any day‑parting. We try to go with sort of a Gold Record and a Current Record and a Gold Record and a Current Record. So we split it up almost about 50:50.
LISTNUM 1 \l 15047 COMMISSIONER del VAL: Thank you.
LISTNUM 1 \l 15048 Where do you think you will slot in the emerging artists?
LISTNUM 1 \l 15049 MR. ROOP: The emerging artists would be part of our Current Records. They would go in as a current. It doesn't matter if it's Canadian or international, it's 50:50 Gold/Current.
LISTNUM 1 \l 15050 COMMISSIONER del VAL: I was also looking at the study that you filed with your application.
LISTNUM 1 \l 15051 Is that an excerpt from the study? Because what I seem to have is about five pages, and that is on your application Addendum 2.
LISTNUM 1 \l 15052 MR. ROOP: Yes.
LISTNUM 1 \l 15053 COMMISSIONER del VAL: Would it be possible for you to file the full study?
LISTNUM 1 \l 15054 MR. LARCHE: That is the full study.
LISTNUM 1 \l 15055 COMMISSIONER del VAL: Oh, all right.
LISTNUM 1 \l 15056 I know that you said that the respondents were asked: Are there any stations you can listen to like that now? Meaning country.
LISTNUM 1 \l 15057 MR. ROOP: Yes.
LISTNUM 1 \l 15058 COMMISSIONER del VAL: I couldn't interpret from the study that you filed the answers to that question.
LISTNUM 1 \l 15059 MR. LARCHE: I can't remember the number off the top of my head, but it is in there and I can get that number back to you.
LISTNUM 1 \l 15060 COMMISSIONER del VAL: More specifically, I know that you have identified in your supplementary brief that the reason that the current country station has only a 3 percent share is because the FM sound is not optimal for music.
LISTNUM 1 \l 15061 Now, were the participants in the study asked specifically: Why are you not listening to the current AM country station?
LISTNUM 1 \l 15062 MR. LARCHE: No, they were not.
LISTNUM 1 \l 15063 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15064 MR. LARCHE: We are basing that on what is I think pretty well generally accepted in the industry today, is that AM radio particularly ‑‑ when we say a 3 share, that is under the age of 50.
LISTNUM 1 \l 15065 COMMISSIONER del VAL: Yes.
LISTNUM 1 \l 15066 MR. LARCHE: The station share is higher than that. Certainly when you go over the age of 50 I think it jumps up to a 21 or 22 share. I think that is just reflective of what we have seen in several markets and not just in country in different formats. As the demographics get older, the demographic group that likes to listen to music on radio, if given a choice, would prefer FM over AM. We have seen it time and time again.
LISTNUM 1 \l 15067 So we did not specifically ask the question, but we feel pretty convinced that is the situation, because Rogers are very good programmers and it wouldn't be an issue that the product isn't good, it is an issue of the product is on AM.
LISTNUM 1 \l 15068 COMMISSIONER del VAL: We won't have the record show that the table is falling apart on you right there.
LISTNUM 1 \l 15069 MR. LARCHE: Thank you.
LISTNUM 1 \l 15070 I tried very nonchalantly to fix it, but it's not working. Oh, here we go. We are good. Thank you.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15071 COMMISSIONER del VAL: Now then, can you tell me more about the differences you see between your FM country station and the AM country station?
LISTNUM 1 \l 15072 MR. LARCHE: Certainly, the biggest one will be that we are on FM. We are a 24‑hour‑a‑day country station.
LISTNUM 1 \l 15073 What Rogers is doing ‑‑ and I want to pick my words carefully because I know that they are in the room and I don't want to speak on what their intentions are, however, I do know that they have already repositioned CIGM as Sudbury's news leader.
LISTNUM 1 \l 15074 I know that if you go to the front web page for their radio station you won't see the words "country music" or "music" for that matter. They are going with talk, I think from 6:00 p.m. until 6:00 a.m., and expanded news coverage. So the amount of country music they are playing is only between 6:00 a.m. and 6:00 p.m.
LISTNUM 1 \l 15075 The music they are playing will definitely be very similar to ours. We are not going to say we are playing different music, but we are playing it on the FM band.
LISTNUM 1 \l 15076 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15077 MR. LARCHE: Again, I would never be as presumptuous as to speak for Rogers, but I would think that they are heading in that news talk direction, as they have done in several other markets very successfully.
LISTNUM 1 \l 15078 COMMISSIONER del VAL: Thank you.
LISTNUM 1 \l 15079 Maybe we can talk about the spoken word programming right now.
LISTNUM 1 \l 15080 You have given us quite a bit of very good information in your October 17th response to deficiencies. I am referring to page 2 of the response, your answer to question 1(b).
LISTNUM 1 \l 15081 You said that 10 percent of your weekly programming ‑‑ and that 10 percent will equal 12 hours and 36 minutes ‑‑ would be devoted to spoken word and, of that, 20 percent of spoken word will be to news, which is 2 hours and 5 minutes, and then another 20 percent to regional sports, weather forecasts, traffic and road reports.
LISTNUM 1 \l 15082 Now, what about the other 60 percent? I know you go on to list the other things you do in answer to 1(c). Could you give us a further breakdown?
LISTNUM 1 \l 15083 MR. LARCHE: Sure. Sure.
LISTNUM 1 \l 15084 Community clips, that will be 126 minutes or 17 percent; our recreation reports are 96 minutes or 13 percent; our community cruiser, this is over the course of the week of course, 68 minutes or 9 percent; our emerging artists vignettes are 28 minutes; and then the other 25 minutes are mandated announcer community talk every hour where they talk about what is going on in the community, public service announcements, and so on.
LISTNUM 1 \l 15085 Just because I know this has come up a lot in the last few days, we can submit, if you want, a matrix of all of our programming throughout the course of the week that highlights when these things air. We would be more than happy to do that for you, if it would clarify.
LISTNUM 1 \l 15086 COMMISSIONER del VAL: That would be great, if you could please file that. Yes.
LISTNUM 1 \l 15087 MR. LARCHE: We have that with us here today.
LISTNUM 1 \l 15088 COMMISSIONER del VAL: I know Ms Dionne will want to ask: When do you think you could file that, please?
LISTNUM 1 \l 15089 MR. LARCHE: Right after we are done.
LISTNUM 1 \l 15090 COMMISSIONER del VAL: Perfect. Thank you.
LISTNUM 1 \l 15091 Then, just when you are talking about the produced community features, is that also going to be live or ‑‑
LISTNUM 1 \l 15092 MR. LARCHE: No. They are pre‑produced by our news team.
LISTNUM 1 \l 15093 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15094 MR. LARCHE: We do this already in our other stations so we have the template and the model.
LISTNUM 1 \l 15095 Our news department, we run news in the morning and at noon and then later in the afternoon, so there is about a five or six‑hour period where the news department is gathering information. One of their jobs is to put these community clips together.
LISTNUM 1 \l 15096 What it is, is basically it's a ‑‑ we will use a public service announcement as an example.
LISTNUM 1 \l 15097 If something is going on in the community, instead of just saying this is going on, what we will do is we will call the person who is organizing it, we will interview them. Our news department will interview them on‑the‑air, we will record little bits about, you know, where this event is, why you are doing it, so on so forth. So it's a lot more of a detailed thing than just mentioning it.
LISTNUM 1 \l 15098 If there is a cultural event going on we ‑‑ and we might do a series of them as well. Sometimes if there is, you know, an event going on for a week that we know the community is interested in, we will do a series of them so that we will follow up on it.
LISTNUM 1 \l 15099 So we pre‑produce them because it allows us to edit them and make sure that we are giving the meat. But they are done every day and they are done through the year.
LISTNUM 1 \l 15100 And we have a great response to them. They are actually a very good programming tool.
LISTNUM 1 \l 15101 COMMISSIONER del VAL: Great.
LISTNUM 1 \l 15102 You were talking about local, regional and national sports as part of your spoken word and you said an emphasis will be placed on local sports.
LISTNUM 1 \l 15103 "Emphasis" is sort of more than 50 percent or predominantly it's all local sports activities?
LISTNUM 1 \l 15104 MR. LARCHE: Our news and our sports, we do run more than 50 percent local. Our feeling is that if there is a huge international story that people will probably not seek us out to get all the detailed information. We will certainly let them know about it, but ‑‑ particularly in some of the competitive markets we are in where there are 24‑hour live news talk stations.
LISTNUM 1 \l 15105 So what we try to do, particularly in the sports and in news, is go local. You know, we strive for about 60 percent local and the other 40 percent would be regional and national/international. Of course, depending on the day, that can move around, but that's what we have mandated our news people to do. I think that is what, as we said, is a success to radio, is you have to be local.
LISTNUM 1 \l 15106 The only thing that we have going for us in this time of so much technology changing, satellite radio ‑‑ I haven't got one yet but, you know, a few of my friends do and they are pretty compelling. They have a lot of good programming on them and, you know, Internet radio.
LISTNUM 1 \l 15107 I do have an iPod and my kids do, Ted does, we all do. The only thing that is going to separate radio apart from all of these other technologies is being local. So we really consider it our only competitive advantage.
LISTNUM 1 \l 15108 I know it sounds a little like what you want to hear, but this is ‑‑ you know, this is something that we really believe as a company is true to our long‑term survival and if we are not serious with it, you know, we can certainly be out of business pretty quick.
LISTNUM 1 \l 15109 COMMISSIONER del VAL: That leads me to, I believe you said that you will have two full‑time ‑‑ is it two full‑time staff in the Sudbury station or two full‑time news staff?
LISTNUM 1 \l 15110 MR. LARCHE: Two full‑time news. One news director and another news person, and we also will have part‑time news people for weekends.
LISTNUM 1 \l 15111 COMMISSIONER del VAL: All right. So how many staff do you anticipate placing in the Sudbury station all together?
LISTNUM 1 \l 15112 MR. LARCHE: On‑air we will have three full‑time announcers, we will have two news people, we would have obviously a station manager/general sales manager. One of our announcers would act as the program director, just as Ted does in Midland. He also does the morning show and cleans the office on Thursdays ‑‑
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15113 MR. LARCHE: But he's really good at it.
LISTNUM 1 \l 15114 We have to run, you know, a lean ship, and we have to ‑‑ you know, again, as I said in our opening remarks, this is a balancing act and we know what you want, we know what the Broadcast Act wants and we know what the community wants, but we always have to make sure that we are positioning ourselves for inevitable things that may come up and turn us down.
LISTNUM 1 \l 15115 With Kitchener, you know, we really had a devastating first year and a half when we launched because the signal that we were approved with turned out to be totally inadequate. People could not hear us. It was a disaster, frankly. We had to immediately re ‑‑ and this was something that no one could foresee. Other people had applied for this frequency.
LISTNUM 1 \l 15116 It was something called thermal ducting, which I will not pretend to know, from a Christian station in Buffalo, but needless to say it ‑‑ nobody could hear us.
LISTNUM 1 \l 15117 So it really knocked us back on our business plan, knocked us back on where we thought we would be, because we had to reapply for a new frequency. There are few frequencies down there, it was a competitive process, but the CRTC, in its infinite wisdom, did help us there and so we have only been with this new frequency for a year and a half. So we are kind of in year one of where we thought we would be two years ago.
LISTNUM 1 \l 15118 The only reason I'm bringing this up is because, you know, I know as an owner/operator that you have to know how to run the business smart and lean and we are not sitting here with the biggest expenditures in programming or maybe in some other areas. We look at synergies.
LISTNUM 1 \l 15119 We know what we are mandated to do, but we also have to make sure that we position ourselves. I think our business plan is very realistic that way.
LISTNUM 1 \l 15120 Sudbury is ‑‑ I have a lot of respect for Rogers and for Newcap. Newcap is a minority partner with us in Kitchener. Whoever gets that licence it is not going to be a walk in the park.
LISTNUM 1 \l 15121 COMMISSIONER del VAL: Yes.
LISTNUM 1 \l 15122 MR. LARCHE: That's why we position ‑‑ I know I'm rambling a little on your question, but I think that tells you how we are going to set up our staff.
LISTNUM 1 \l 15123 COMMISSIONER del VAL: No, you are not rambling, because those were areas that I had intended to ask on and so it leads me into those areas.
LISTNUM 1 \l 15124 MR. LARCHE: All right.
LISTNUM 1 \l 15125 COMMISSIONER del VAL: But before I go there, before I forget this, this point is just on the staffing of the Sudbury station.
LISTNUM 1 \l 15126 MR. LARCHE: Yes...?
LISTNUM 1 \l 15127 COMMISSIONER del VAL: The two news people and three full‑time announcers, do the three full‑time announcers overlap with the two news people at all?
LISTNUM 1 \l 15128 MR. LARCHE: Yes. Much in the same way as it was described yesterday by some broadcasters, we have one news person who works in the morning. They do the on air stuff. They also do some of the ‑‑ what they will do is, in the afternoon they will work on community clips or they will go cover interviews and do the reporting.
LISTNUM 1 \l 15129 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15130 MR. LARCHE: Then we have an afternoon person that comes in and they work from noon until 6 o'clock, and then we have part‑time stringers they are called who will also cover City Council meetings and bring stories in for us. We usually just pay them on a per‑story basis and they come in on weekends.
LISTNUM 1 \l 15131 Our three announcers would be ‑‑ we would have a morning show host who would work from 6:00 to 10:00, then we have a midday person 10:00 to 3:00, and then we have an afternoon drive person who would work from 3:00 to 7:00.
LISTNUM 1 \l 15132 You will ask about voicetracking. Yes, we will voicetrack in the evening from 7:00 to midnight, but that will be locally produced for that market. We will also voicetrack overnight.
LISTNUM 1 \l 15133 On weekends we go live from 6:00 a.m. to 6:00 p.m. and we voicetrack in the evenings.
LISTNUM 1 \l 15134 COMMISSIONER del VAL: Thank you.
LISTNUM 1 \l 15135 Is that pretty similar to the setup you have in, say, your Kitchener station?
LISTNUM 1 \l 15136 MR. LARCHE: More similar to Midland.
LISTNUM 1 \l 15137 Kitchener is a bigger market, it's more competitive, we have more staff there.
LISTNUM 1 \l 15138 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15139 MR. LARCHE: We have three, you know, three or four people in our morning show in Kitchener. It is just a much bigger, more competitive market so we have more resources there.
LISTNUM 1 \l 15140 COMMISSIONER del VAL: Yes.
LISTNUM 1 \l 15141 MR. LARCHE: But this is very, very similar to what our Midland operation is and, again, Midland or that part of Central Ontario and the market we compete in there with Barrie, Orillia, Midland, you know, the population is slightly bigger than Sudbury but the dynamics are not that different. The format, you know, there is a Rock station FM, there is an AC, there is a Hot AC.
LISTNUM 1 \l 15142 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15143 MR. LARCHE: So from that respect, other than the fact that in Central Ontario we get a lot of spill from Toronto, so a lot of tuning goes out of the market. Sudbury there is no spill and it is one of the things I miss from working up there, is at least your competition you can see them.
LISTNUM 1 \l 15144 COMMISSIONER del VAL: Will there be times that ‑‑ during what times of the 24‑hour day will your Sudbury station be not manned ‑‑ or womaned, sorry?
LISTNUM 1 \l 15145 MR. LARCHE: Personned?
LISTNUM 1 \l 15146 COMMISSIONER del VAL: Yes, personned. Yes.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15147 MR. LARCHE: Well, I guess assuming the afternoon drive person left right after they are finished at 7:00, you could say from 7:00 until probably the morning people come in at 4:00 or 5:00 the next morning.
LISTNUM 1 \l 15148 But again, this is the way many radio stations operate. We do know that we have to be on call.
LISTNUM 1 \l 15149 Ted, maybe you might want to talk about some of the things we do to make sure that we can react very quickly if we have to get into the radio station.
LISTNUM 1 \l 15150 MR. ROOP: In Midland our news director is on call 24/7. Also, we have given his cell phone number to the police and the fire and the city just in case there are problems. Actually, we have it set up where our news line is actually forwarded to his cell phone ‑‑ which probably he doesn't like all the time, but it is and there have been times actually when he has been called in. We have had weather emergencies or other problems, Amber Alerts, and he has been at the station within about five minutes of when that happens. It is a great system and it works very well for us.
LISTNUM 1 \l 15151 COMMISSIONER del VAL: Thank you.
LISTNUM 1 \l 15152 Automated programming. What part of the day do you anticipate that you will have automated programming and sort of ‑‑ well, yes ‑‑ or the duration of such programming?
LISTNUM 1 \l 15153 MR. LARCHE: I'm not sure what you mean by "automated".
LISTNUM 1 \l 15154 COMMISSIONER del VAL: Voicetrack.
LISTNUM 1 \l 15155 MR. LARCHE: Voicetrack. That is 7:00 p.m. through to 6:00 a.m. the next morning.
LISTNUM 1 \l 15156 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15157 MR. LARCHE: So using the broadcast week, 7:00 p.m. until midnight.
LISTNUM 1 \l 15158 COMMISSIONER del VAL: All right. Thank you.
LISTNUM 1 \l 15159 You have the Midland station and the Kitchener station.
LISTNUM 1 \l 15160 What resources do you plan to share with those stations? What synergies will you have with those stations?
LISTNUM 1 \l 15161 MR. LARCHE: Well, most of them would be probably more admin. A lot of them would be administration. Certainly, you know, our accounting, our traffic scheduling for commercials. We would definitely centralize that. Engineering.
LISTNUM 1 \l 15162 In terms of programming, we believe it is important that we have a program director in Sudbury, who lives in Sudbury, who understands Sudbury, but Ted is our Regional Program Director so that he would report through to Ted. Right now our program director in Kitchener and Ted spend a lot of time on the phone talking about, you know, music ads, and so on so forth, what's going on in the community.
LISTNUM 1 \l 15163 So we would have the three of them working in concert, you know, just talking about what is going on at the radio stations. But certainly from a news point of view, if there was a major story in one of our other markets that we could send a clip up to we would, but that is certainly not in the plans. Because again it goes back to we have to be local and you can't be local running Sudbury out of Midland.
LISTNUM 1 \l 15164 COMMISSIONER del VAL: What about the playlists?
LISTNUM 1 \l 15165 MR. LARCHE: Do you want to talk to that a little, Ted?
LISTNUM 1 \l 15166 MR. ROOP: The music playlist?
LISTNUM 1 \l 15167 COMMISSIONER del VAL: Yes.
LISTNUM 1 \l 15168 MR. ROOP: Yes. Our music meetings we do right now with Kitchener and Midland, we match up every Thursday and we get together and talk about our ads and what we are going to add.
LISTNUM 1 \l 15169 There are some local artists that fit in more in Kitchener and vice versa, fit in more in Midland. For the most part, though, our playlists are the same.
LISTNUM 1 \l 15170 COMMISSIONER del VAL: Thank you.
LISTNUM 1 \l 15171 Now, these are what I call housekeeping items.
LISTNUM 1 \l 15172 Your funds that are earmarked to the Canadian Country Music Association, CCMA, and to the Canadian Music Week, can you just give a breakdown of how much each year to CCMA and how much each year to the CMW?
LISTNUM 1 \l 15173 MR. LARCHE: I think it's $10,000 per year to each group.
LISTNUM 1 \l 15174 The CCMA is ‑‑ I'm also on the Board of the CCMA, but I have no influence on how they take this money. Many radio stations contribute money to the fund.
LISTNUM 1 \l 15175 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15176 MR. LARCHE: It is primarily set up to help emerging artists, and often what they do with that money is they will bring new artists to Canadian Country Music Week ‑‑ which is in September and it moves around the country ‑‑ and allow these artists to be showcased at events throughout the weekend. That's where you have all the record people and radio people together, so it's great money spent for that.
LISTNUM 1 \l 15177 COMMISSIONER del VAL: StarQuest talent. How much to that per year?
LISTNUM 1 \l 15178 MR. LARCHE: That is $10,000 per year.
LISTNUM 1 \l 15179 COMMISSIONER del VAL: All right, great.
LISTNUM 1 \l 15180 I just want to clarify your commitment to broadcasting of emerging artists. You said 5 to 10 percent, but I want to know whether it is 5 to 10 percent of Canadian content or 5 to 10 percent of all your music, musical selections.
LISTNUM 1 \l 15181 MR. LARCHE: It's 5 to 10 percent of all of our musical selections.
LISTNUM 1 \l 15182 COMMISSIONER del VAL: Your business case. You said that you expect your station to have minimal impact on current local broadcasters, particularly the country AM station.
LISTNUM 1 \l 15183 What we have right now in the market is Rogers Adult Rock, which targets 18 to 49 years old; their AC station which is 35 to 64; Country, 45 to 64; and then Newcap's Classic Hits which targets about, say, 25 to 49.
LISTNUM 1 \l 15184 So there is quite an overlap between the audience your advertising would be targeted to and those of the existing stations.
LISTNUM 1 \l 15185 Why do you say that it will be "minimal impact"?
LISTNUM 1 \l 15186 MR. LARCHE: Well, I guess it is how you define "minimal", because I think we did say that 40 percent of our revenue would come from the incumbent stations ‑‑
LISTNUM 1 \l 15187 COMMISSIONER del VAL: Yes.
LISTNUM 1 \l 15188 MR. LARCHE: ‑‑ which I think is higher than what a lot of other applicants said, so to put that into context.
LISTNUM 1 \l 15189 But country, the way we sell country is we very much sell it as a format that is unique, has a unique loyal type of listener and, you know, we have been ‑‑ Linda and our sales manager in Kitchener have been very successful at it. We know how to sell country.
LISTNUM 1 \l 15190 I believe some people shy away from country simply because they feel it's a little bit more difficult to sell than maybe one of the more mainstream formats. We happen to know how to sell it and be successful with it and bring new people to it.
LISTNUM 1 \l 15191 There is no doubt that if we are going to have more impact on one station than any other it would most likely be CIGM, although we don't ‑‑ obviously we don't know how much they are billing. We know that Rogers does very well. We know that they combine that station with other stations as they are selling them together, but I think 40 percent ‑‑ again going back to the way we opened this thing ‑‑ is, I think, very realistic.
LISTNUM 1 \l 15192 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15193 Now, Sudbury has the highest retail sales per capita amongst the major Ontario cities, and yet the income per capita is actually ranked substantially lower.
LISTNUM 1 \l 15194 Why do you think that Sudbury's retail market will grow to the extent of being able to support an additional station, let's just say one for now?
LISTNUM 1 \l 15195 MR. LARCHE: Well, again, I don't have it right in front of me but I know that retail sales growth in Sudbury, if memory serves me right, is tracking about ‑‑ is at 20 percent. I think it is the highest in that area.
LISTNUM 1 \l 15196 But I think certainly what Wendy Watson talked about yesterday in that market, and Commissioner French, the economics of that market are again very much driven by the price of nickel, and the price of nickel is very strong right now. Of course, none of us know how long that's going to stay, but certainly the growth going on in China it really positions a market like Sudbury for the long term.
LISTNUM 1 \l 15197 COMMISSIONER del VAL: I'm glad you referred to the discussion yesterday because that was the part that I was anxious to get to, because you are entering into a market where like in broadcasting terms we call it there is competitive imbalance.
LISTNUM 1 \l 15198 You also heard the exchange, I think yesterday, from Newcap and then also from the Connelly group about sort of the plight of the standalone station.
LISTNUM 1 \l 15199 MR. LARCHE: Yes.
LISTNUM 1 \l 15200 COMMISSIONER del VAL: I also noted, quite independent from that, I was going to ask you on the comments that you made in your supplementary brief and also this morning about being the independent entering into such a market.
LISTNUM 1 \l 15201 I would like to hear more about your views on that and the place for the independent broadcaster or station in such a market and how do you plan to conquer the competitive imbalance.
LISTNUM 1 \l 15202 MR. LARCHE: Great question.
LISTNUM 1 \l 15203 First of all, to start with the importance of an independent ‑‑ and I know you have several independents who are vying for this thing ‑‑ the obvious of course is that we bring a new voice to the market. We bring a new voice that is not mandated from a head office, can react to the market.
LISTNUM 1 \l 15204 Being a small, independent broadcaster one of the biggest advantages I still believe, beyond what I talked about at the beginning, is that we can make a decision immediately and we can react to something going on in the market and react to any competitive changes.
LISTNUM 1 \l 15205 In terms of competing against the big guys, you know it really gets down to the product you put out. If you put out a good, local, quality product the person at the other end of the radio doesn't know if it's owned by an independent or if it's owned by a huge multinational company. They know that they like it because it's good.
LISTNUM 1 \l 15206 Our mandate is always ‑‑ our mission is "MOCHA", "make our customers happy". Ask them what they want and give it to them. Asked them what they want and give it to them. Ask them what they don't want and stop giving that to them.
LISTNUM 1 \l 15207 Doing that has allowed us to compete in markets where ‑‑ again Central Ontario, we are up against two combos there. You know, there is Corus, we compete against Rogers in Kitchener and CHUM, so we can hold our own as long as we stick true to our values of making sure that we put out a good product.
LISTNUM 1 \l 15208 Just the second answer to that question would be that for us ‑‑ you asked: How do we compete? I think the other thing that we have to do is we have to be very realistic in our business plan. I can come in front of you and I can put all kinds of stuff in my business plan about how much money we are going to spend here and there, and so on and so forth, but often at the end of the day if it is not a conditional licence things can change.
LISTNUM 1 \l 15209 I like to come in with, you know, a business plan that is sound, that would allow us to adapt to any market dynamics and, heaven forbid, a frequency issue like we had in Kitchener. Again, that is something I think the smaller companies can do a little better. We don't have a lot of the overhead costs that they do and ‑‑
LISTNUM 1 \l 15210 I don't know if that answers your question.
LISTNUM 1 \l 15211 COMMISSIONER del VAL: No, that does. I'm sorry, I gestured as if I was going to interrupt you. I shouldn't have done that.
LISTNUM 1 \l 15212 But when you were talking about Midland, I just want to know: Who are you up against in Midland and who are you up against in Kitchener?
LISTNUM 1 \l 15213 MR. LARCHE: Well, in Midland we are a standalone in the town of Midland, but that part of Ontario, as some Commissioners might know, is considered one region, Midland, Orillia, Barrie, so we very much compete against the stations in those markets.
LISTNUM 1 \l 15214 So Corus has two radio stations in Barrie and there is another independent in Barrie, Doug Bingley who owns two radio stations.
LISTNUM 1 \l 15215 Rogers has a radio station in Orillia.
LISTNUM 1 \l 15216 We have had an affiliation with Rogers through an LSA in the past. It is probably going to come up so I might as well come and talk about it right now. This is something that when the new definition came down we felt that we had to break apart and we are in the process of doing that right now.
LISTNUM 1 \l 15217 COMMISSIONER del VAL: I don't want you to have to disclose any of your own and trade secrets, but say Connelly yesterday referred specifically in terms of their plans to compete or conquer with lower advertising rates, targeting the smaller businesses, and we all know about being local, local, local.
LISTNUM 1 \l 15218 Do you have any sort of specific plans on competing? Do you intend to come in with, say, lower advertising rates, or do you have any plans on who you are going to target?
LISTNUM 1 \l 15219 MR. LARCHE: Heavens, no!
LISTNUM 1 \l 15220 COMMISSIONER del VAL: All right.
LISTNUM 1 \l 15221 MR. LARCHE: No, we wouldn't come in with lower advertising rates. Low rates ‑‑ radio is undervalued in general and certainly low rates do not ‑‑ it's just not good for the business. Radio ‑‑ and I'm not talking about just for us, for any radio ‑‑ should always be striving to get what it is worth, particularly as it competes against television or print for example.
LISTNUM 1 \l 15222 But we don't have any specific secrets when it comes to doing business in terms of doing stuff different, other than what we already do and what we stand for. Again going back to MOCHA, our sales philosophy ‑‑ and maybe Linda can talk about it for a second ‑‑ but we really want to find out what the advertiser's problems are and then we like to come back and help them with a marketing plan that is based on addressing the problems that they are having.
LISTNUM 1 \l 15223 So we spend a lot of time in our sales department training our staff on advertising. We try to consider ourselves advertising experts, not just radio experts, what works in advertising, what doesn't, you know, creative. Creative has to be emotional versus factual for it to register with a listener.
LISTNUM 1 \l 15224 So our approach is not necessarily one of "We are a country station". We come to a client and what we do is we want to partner with them to help their advertising be successful. We more often than not would say "You should not just advertise with us, you have to advertise with, you know, two or three radio stations. Let's find out what your needs are." We come back with a plan and that has made us very successful.
LISTNUM 1 \l 15225 Linda, do you have anything to add to that?
LISTNUM 1 \l 15226 MS YOUNG: The only thing I would like to add is, I think what makes us different than other radio stations is our clients are many times coming to us asking us for advice and they know we are going to give them the honest answer. If they are asking us, you know, "What should I be doing? Should I be doing television? Should I be dealing newspaper? Should I be doing another radio station?", we really do have an overall marketing plan for them and it is a great feeling to know that they are calling you because they really do think your team, our management team as well as our sales team, are experts in the market. That is the same thing we would do in Sudbury.
LISTNUM 1 \l 15227 COMMISSIONER del VAL: Thank you very much. Thank you for your time.
LISTNUM 1 \l 15228 Those are my questions, unless you have something to add to Ms Young's answer, Mr. Larche?
LISTNUM 1 \l 15229 Thank you.
LISTNUM 1 \l 15230 MR. LARCHE: No, I'm fine. Thank you.
LISTNUM 1 \l 15231 COMMISSIONER del VAL: Those are my questions, Madam Chair.
LISTNUM 1 \l 15232 Thank you.
LISTNUM 1 \l 15233 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 15234 Vice Chairman Arpin..."
LISTNUM 1 \l 15235 COMMISSIONER ARPIN: Thank you, Madam Chair.
LISTNUM 1 \l 15236 A few questions, Mr. Larche and Mr. Roop. I will start with synergies.
LISTNUM 1 \l 15237 When I heard Mr. Roop replying regarding the music playlists and the discussions that he was having with the program people in Kitchener on a weekly basis, his answer prompted my attention.
LISTNUM 1 \l 15238 Are you producing a Central music log?
LISTNUM 1 \l 15239 MR. ROOP: No, we produce our own music logs in Kitchener and Midland and we would produce our own in Sudbury as well.
LISTNUM 1 \l 15240 COMMISSIONER ARPIN: In Sudbury.
LISTNUM 1 \l 15241 MR. ROOP: It's kind of nice to have ‑‑ well, two heads are better than one, so when we are doing our music meetings ‑‑
LISTNUM 1 \l 15242 COMMISSIONER ARPIN: Yes, okay. So I can understand that.
LISTNUM 1 \l 15243 MR. ROOP: Yes.
LISTNUM 1 \l 15244 COMMISSIONER ARPIN: Obviously it allows you to discuss new ‑‑
LISTNUM 1 \l 15245 MR. ROOP: Exactly.
LISTNUM 1 \l 15246 COMMISSIONER ARPIN: ‑‑ entries and to share views.
LISTNUM 1 \l 15247 Regarding other aspects like traffic, accounting, will it be centralized somewhere or will it be done in each of the stations?
LISTNUM 1 \l 15248 MR. LARCHE: Traffic, scheduling commercials traffic, would be centralized. We do that currently. Even for Kitchener we do it out of Midland. The technology allows us to very easily do that.
LISTNUM 1 \l 15249 COMMISSIONER ARPIN: I see.
LISTNUM 1 \l 15250 And accounting ‑‑
LISTNUM 1 \l 15251 MR. LARCHE: Accounting as well.
LISTNUM 1 \l 15252 COMMISSIONER ARPIN: ‑‑ billing and collections and everything, that is done centrally as well?
LISTNUM 1 \l 15253 MR. LARCHE: Well, we have our sales reps do the collections.
LISTNUM 1 \l 15254 COMMISSIONER ARPIN: I'm sure, yes, but ‑‑
LISTNUM 1 \l 15255 MR. LARCHE: But, yes. That only makes good business sense for us and, again, technology allows us to do that.
LISTNUM 1 \l 15256 COMMISSIONER ARPIN: All right. That's what I wanted.
LISTNUM 1 \l 15257 In your oral presentation at the top of page 5 you quoted that you were in support of the CAB intervention at this hearing regarding emerging artists and regulatory mechanism.
LISTNUM 1 \l 15258 The CAB has put forward a definition of what they will call an emerging artist, but they also say in their brief that it might not be the optimum definition at some point in time.
LISTNUM 1 \l 15259 Since you are saying that you are supporting the intervention, what are you really supporting?
LISTNUM 1 \l 15260 MR. LARCHE: I am supporting the spirit of the intervention. I really believe that all the stakeholders have to get together and come up with some definitions that would be acceptable to the CRTC. We hope that ‑‑ and now I am speaking a little bit for the CAB because I am on the Radio Board ‑‑ the CAB hopes that we can get some dialogue going with the Commission to come up with some standards and some definitions and a mechanism that is very clear.
LISTNUM 1 \l 15261 Because right now, as you could tell by the line of questioning over the last few days, it is a little bit gray. Frankly, we are not even 100 percent sure exactly how it works or how it will be measured.
LISTNUM 1 \l 15262 COMMISSIONER ARPIN: So what you are supporting is that somewhere there has to be flexibility.
LISTNUM 1 \l 15263 MR. LARCHE: There has to be.
LISTNUM 1 \l 15264 COMMISSIONER ARPIN: It's not a one‑size‑fits‑all.
LISTNUM 1 \l 15265 MR. LARCHE: No. I think in our deficiency question when it came up, we also made the point very clear that no one has a better track record in country than we do, I think, for emerging artists and we can compare our emerging artists airplay to others looking at it through a BDS, and so on. But we don't control the supply. That's a big concern that we have.
LISTNUM 1 \l 15266 I can't speak for other formats, but in country it is a very cyclical flow of when stuff comes out. There seems to be certain times of year where, you know ‑‑ for example around Canadian Country Music Week where everybody will be releasing something new, and then we can go through some dry spells and then we can go through a period where there is a lot of goods.
LISTNUM 1 \l 15267 So we don't like to limit ourselves on what we play. If there is a lot of good stuff we want to play all of it, but if there is nothing coming out over the course of a three or four‑week period, then that concerns us a lot to have a quota.
LISTNUM 1 \l 15268 I proposed in my note back to the Commission that if you do impose something like this as a condition of licence, I would propose that the Commission consider averaging it over the course of a year. So take 52 weeks of what you are doing and divide it by 52, because there will be times a year where we can play more than other times of the year.
LISTNUM 1 \l 15269 That is, of course, just a very humble suggestion, but I think it ties into what the CAB wants to sit down and talk about as well.
LISTNUM 1 \l 15270 COMMISSIONER ARPIN: We may have to quadruple the number of staff, and even more than that if we start to monitor on a yearly basis. We already have a hard time doing it on a weekly basis. As you know, we sample a day and multiply by five or sometimes by seven, so if we were to do it a yearly basis we are going to be told that were running an empire.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15271 MR. LARCHE: Well, I don't have all the answers, I'm sorry.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15272 COMMISSIONER ARPIN: All right. Thank you for that aspect.
LISTNUM 1 \l 15273 You answered that Diane was 39 and Jack was 41, if my memory serves me well, so I guess that your primary target would then be 35‑44?
LISTNUM 1 \l 15274 MR. LARCHE: That's correct.
LISTNUM 1 \l 15275 COMMISSIONER ARPIN: That's correct.
LISTNUM 1 \l 15276 Finally, how many stations do you think the Sudbury market could afford at this time? There currently are four commercial stations ‑‑ five, because the French radio station is also commercial. But on the English‑speaking side we are talking about four commercial radio stations.
LISTNUM 1 \l 15277 I will help you with my secondary question, if I may.
LISTNUM 1 \l 15278 If the answer is more than one ‑‑
LISTNUM 1 \l 15279 MR. LARCHE: I know it's coming.
LISTNUM 1 \l 15280 COMMISSIONER ARPIN: If the answer is more than one, which one will have the least impact on your business plan and which one will have the most impact on your business plan?
LISTNUM 1 \l 15281 MR. LARCHE: Again, when we talked about the economics of Sudbury and where it's at, there is some in balance in the sense of ‑‑ particularly after Newcap shared with us yesterday that they only pick up 10 percent of that EBIT, certainly the market is profitable, but it certainly seems like a good chunk of it is going to the major player there. Again, that is no surprise, they are smart broadcasters and they know what they are doing.
LISTNUM 1 \l 15282 I would hope it's one, but I know that if you are following the Broadcast Act and the numbers that are out there right now you will license two, so if it is two, yes, we would certainly want to be one of the two.
LISTNUM 1 \l 15283 In terms of which one would have the least impact on us, certainly from a programming point of view it would be Newcap because they are targeting youth and we are not, so certainly from a "business point of view, advertising point of view", we wouldn't really be competing with them on a dollar sense, however, we would be competing against a combo and a trio.
LISTNUM 1 \l 15284 You know, I have no illusions that whoever gets this, the first few years particularly are going to be tough and I think it's very important that whoever you put in there ‑‑ and, like I say, there are some great applications, please have good confidence that you feel that they can do it because it can ‑‑ as we found it in Kitchener, if you get a couple of hiccups it get can really shake you up, let alone your banker.
LISTNUM 1 \l 15285 COMMISSIONER ARPIN: Well, Madam Chair, those were my questions.
LISTNUM 1 \l 15286 THE CHAIRPERSON: Thank you.
LISTNUM 1 \l 15287 Legal counsel.
LISTNUM 1 \l 15288 MS DIONNE: I have two questions regarding your contribution to Canadian development.
LISTNUM 1 \l 15289 I know you understand in your basic contribution that will be applied by way of regulation.
LISTNUM 1 \l 15290 As for your over and above commitment that we like to call as over and above ‑‑
LISTNUM 1 \l 15291 MR. LARCHE: It's a good term.
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15292 MS DIONNE: ‑‑ you propose to allocate 40 percent of your over and above to FACTOR.
LISTNUM 1 \l 15293 I just want to clarify whether you would accept this as a condition of your licence?
LISTNUM 1 \l 15294 MR. LARCHE: Yes.
LISTNUM 1 \l 15295 MS DIONNE: Regarding your contribution to StarQuest Talent Search of $10,000, could you provide a breakdown of the actual amounts?
LISTNUM 1 \l 15296 I think you want to spend amounts to hard costs like equipment, rentals, studio time and production of CDs, so what would these amounts be?
LISTNUM 1 \l 15297 MR. LARCHE: $2,500 for the venue, stage, sound, lights; $5,000 for the recording session, the studio that the person would go to; and another $2,500 would go for the reproduction of the CDs and distribution.
LISTNUM 1 \l 15298 MS DIONNE: Thank you, Madam Chair.
LISTNUM 1 \l 15299 THE CHAIRPERSON: Mr. Larche, just a couple of questions with regards to emerging artists.
LISTNUM 1 \l 15300 I note your commitment to emerging artists in your current markets of Kitchener and Midland, do you play emerging artists from Kitchener in Midland and vice versa?
LISTNUM 1 \l 15301 Therefore, the second part of the question is: Whatever you do in those two markets are you going to do that with Sudbury, if licensed?
LISTNUM 1 \l 15302 MR. LARCHE: Well, certainly emerging artists, a good emerging artist we will play on all stations, you know, if it's good music. It doesn't matter if they are local or from Edmonton or whatever if they are good.
LISTNUM 1 \l 15303 But to answer your question, yes, we do. We have some great country artists in both the markets that we work in and that is one of the benefits, is we have been able to play their music and expose it in a market that isn't their home market.
LISTNUM 1 \l 15304 Ted, give us some examples. We have Cathy Corpi.
LISTNUM 1 \l 15305 MR. ROOP: Yes, there is an artist named Cathy Corpi who is a local artist in Midland who gets airplay in Kitchener and she is just starting out and doing quite well.
LISTNUM 1 \l 15306 Carla Crawford is another one that is a local from Midland that is making it down in Kitchener now because she is having airplay on our radio station down there. She doesn't get very much exposure anywhere else so it is helping her out a lot, too.
LISTNUM 1 \l 15307 Then it happens the same way, that artists from Kitchener are getting airplay in Midland. Jason Blaine is one of those, and his career has really actually taken off in the last year, which is really good for him.
LISTNUM 1 \l 15308 Yes, local artists down there, Jamie Warren, Beverley Mahood, things like that.
LISTNUM 1 \l 15309 THE CHAIRPERSON: And they will make it up to Sudbury.
LISTNUM 1 \l 15310 MR. ROOP: They would all be playing in Sudbury, too, and then Sudbury would be playing in Kitchener and Midland as well.
LISTNUM 1 \l 15311 THE CHAIRPERSON: I can't resist, Jack and Diane? Are you going to launch with John Couger Mellencamp?
‑‑‑ Laughter / Rires
LISTNUM 1 \l 15312 THE CHAIRPERSON: Those are all our questions.
LISTNUM 1 \l 15313 You have two minutes to summarize your application and tell us why this service is the best use of the frequency in Sudbury.
LISTNUM 1 \l 15314 MR. LARCHE: Thank you.
LISTNUM 1 \l 15315 I probably won't even use up my two minutes.
LISTNUM 1 \l 15316 I think there are five good, compelling reasons for you to consider us.
LISTNUM 1 \l 15317 The first one is that we are really going to fill the biggest unserved mass appeal format in that market and, contrary to the thought that we may not be increasing diversity, we will be increasing diversity was again a mainstream format. Country is a mainstream format now. It is ranked third or fourth in Canada, depending on where you are geographically. Sudbury deserves a mainstream FM country station.
LISTNUM 1 \l 15318 The second point is, I think again our business plan, it's sound, it's realistic, it's made to adapt to the market forces. We can ensure that we can live up to all of the commitments that we are making here and we can also run a business that will be profitable for us in the long term, but also give to the market what it wants.
LISTNUM 1 \l 15319 I think we have some great local initiatives that we are proposing. We very much want to reflect the culture of the market. Part of the culture in Northern Ontario and, frankly, in Central Ontario again is recreation, hunting, fishing, outdoors, snowmobiling, and we take that very seriously. Ted has done his morning show from his fishing hut. People love that stuff. You have to get into what people eat, live and breathe in those communities and reflect it and I think we do that better than anyone.
LISTNUM 1 \l 15320 I think we have a very good CCD proposal. I think it might rank ‑‑ I think it is tied for second or maybe even a little higher with the additional funds that we were asked to contribute to it.
LISTNUM 1 \l 15321 Finally, again, I think our company, we want to grow. We want to grow and we think that we can contribute a lot to the system over the next few years.
LISTNUM 1 \l 15322 There is more consolidation that seems to be coming down the road. Again, I think there were some great new broadcasters that were up in front of you today and, you know, we wish them luck, but I think we have the track record to tell you that we can deliver and we will deliver.
LISTNUM 1 \l 15323 So those are our reasons and we thank you for the opportunity.
LISTNUM 1 \l 15324 THE CHAIRPERSON: Mr. Larche and your colleagues, thank you very much for your participation today.
LISTNUM 1 \l 15325 We will now be taking a 15‑minute break. We will resume at 10:25.
LISTNUM 1 \l 15326 Thank you.
‑‑‑ Upon recessing at 1010 / Suspension à 1010
‑‑‑ Upon resuming at 1035 / Reprise à 1035
LISTNUM 1 \l 15327 THE CHAIRPERSON: Order, please.
LISTNUM 1 \l 15328 Madam Secretary.
LISTNUM 1 \l 15329 THE SECRETARY: We will now proceed with Item 18 on the Agenda, which is an application by the Haliburton Broadcasting Group Inc. on behalf of a corporation to be incorporated for a licence to operate an English‑language commercial FM radio programming undertaking in Sudbury.
LISTNUM 1 \l 15330 The new station would operate on frequency 88.5 MHz, Channel 203C, with an effective radiated power of 50,000 watts, non‑directional antenna, antenna height of 145 metres.
LISTNUM 1 \l 15331 Appearing for the applicant is Mr. Christopher Grossman who will introduce his colleagues. You will then have 20 minutes to make your presentation.
PRESENTATION / PRÉSENTATION
LISTNUM 1 \l 15332 MR. GROSSMAN: Good morning, Madam Chair and Commissioners. My name is Christopher Grossman and I am the President of the Haliburton Broadcasting Group Inc.
LISTNUM 1 \l 15333 Before we begin our presentation, please allow me to introduce the individuals with me on the panel. Bill Evanov is the President of Evanov Communications Inc., formally the Evanov Radio Group, which is the co‑applicant.
LISTNUM 1 \l 15334 Beside bill is Carmela Laurignano, Vice President and Radio Group Manager for ERG.
LISTNUM 1 \l 15335 Behind her is Sean Moreman, in‑house counsel for ERG and Controller for PROUD‑FM, the world's first commercial radio station targeted at gays and lesbians.
LISTNUM 1 \l 15336 Sitting beside Sean is Gary Gamble, the Corporate Program Director with ERG.
LISTNUM 1 \l 15337 Behind me is Paul Evanov, Vice President Operations of ERG.
LISTNUM 1 \l 15338 Beside me, on my left, is Wendy Grey, who is the Corporate News Director for the Haliburton Broadcasting Group.
LISTNUM 1 \l 15339 In this era of consolidation, both Haliburton and ERG are strong, independent broadcasters who have built reputations for serving under‑represented markets based on age, as in the case of the Jewel in Ottawa; language as in the case with CHYC in Sudbury, or on sexual orientation, as with PROUD‑FM in Toronto.
LISTNUM 1 \l 15340 As you will see, this application continues that reputation, as we are proposing a strong business model that intends to serve the mature audience in Sudbury.
LISTNUM 1 \l 15341 Our company, Haliburton, has been in operation for the 10 years. Since the beginning, our mandate has been to revive and operate successful radio stations in Northern Ontario in a way that other broadcasters have not been able to achieve.
LISTNUM 1 \l 15342 One of the first ventures was in the Sudbury market, which allowed us to reinvest in the northern radio markets and to grow to the 15‑station operation we are today, including the existing French‑language service in Sudbury. We have a map showing these stations included in our package.
LISTNUM 1 \l 15343 Our French station in Sudbury is really the driving force behind the remainder of the Haliburton French cluster. The synergies offered by this application to the French network will only serve to strengthen it. As a result, we are more able to move money into less profitable markets in order to deliver quality programming across the region.
LISTNUM 1 \l 15344 Through the synergies available with the English station we propose, both the new station and the existing station will be able to remain competitive in an industry that is becoming even more consolidated.
LISTNUM 1 \l 15345 Mr. Evanov has been in the radio business for over 30 years and operates stations in small, medium and major markets across Canada. The philosophy of the Evanov Radio Group is to serve under‑represented markets at each end of the demographic scale, and now the LGBT market. Two of the Evanov stations, the Jewel in Ottawa and CKDX‑FM in Newmarket, serve the 45‑plus age bracket and offer a similar format to the one we are proposing for Sudbury.
LISTNUM 1 \l 15346 When the call for a new service in Sudbury was released, we were very excited at the prospect of expanding our presence in Sudbury and to fulfil our mandate of providing quality service to an under served market with an English‑language service. We felt that with our experience in building a radio network across Northern Ontario, we would be able to develop a sound business plan that would properly serve the community.
LISTNUM 1 \l 15347 When we evaluated the market, we determined that the most popular demographic, 18 to 45‑year‑olds, is well served by the existing stations. In the 18 to 34 bracket, they have seen a 60 percent increase in tuning from 2004 to 2006.
LISTNUM 1 \l 15348 What became clear to us was that the radio service in the market was not addressing the needs of the 45‑plus listener and that they were tuning out as a result.
LISTNUM 1 \l 15349 We are aware of the success that Bill has had with today's Easy Listening format in Ottawa and Newmarket and I approached him to develop a similar model that would meet the needs of Sudbury radio listeners.
LISTNUM 1 \l 15350 The Jewel in Ottawa was able to undo a lot of listener dissatisfaction in the older demo and hours tuned increased 31 percent in the 55‑plus demographic in the one year since the station was launched.
LISTNUM 1 \l 15351 It is that dialogue that led us to where we are today. We feel that together we are able to bring diversity of editorial voice and ownership to a market to address the needs of Sudbury's under served 45‑plus radio listener.
LISTNUM 1 \l 15352 In addition to our French language service, the Sudbury market is also served by four major commercial English radio stations, as well as the CBC. Newcap's Classic Hits format, Rogers Easy Rock, Classic Rock and AM Country Music, Sports and Talk station.
LISTNUM 1 \l 15353 Of all the stations currently serving the Sudbury market, only the AM station is successful in attracting a majority of its listeners from the 50‑plus demographic and the top‑rated 50‑plus Station, CJMX‑FM, attracts only 37 percent of its cume rating in that demo. This fact is somewhat surprising, given the average age in Sudbury is above the national average and that 40 percent of the population in the market is over the age of 45.
LISTNUM 1 \l 15354 Combining the age factor in Sudbury with the fact that no FM music station successfully targets that demographic, we expected to find dissatisfaction with radio in Sudbury amongst the older age group.
LISTNUM 1 \l 15355 That is exactly what we discovered in our market research. Less than one quarter of the people aged 40‑plus said that they were satisfied with the radio offerings in the Sudbury market. Fifty‑six percent of the people stated that they would listen to radio more if there was something on the dial that appealed to them.
LISTNUM 1 \l 15356 Although Sudbury has seen an increase in radio tuning amongst most age groups over the last two years, that growth has been significantly lower among the older demographic. There has been no growth whatsoever among the 65‑plus age group.
LISTNUM 1 \l 15357 This tepid response to radio amongst the 45‑plus demographic is due largely to the lack of variety being offered by the stations in the market.
LISTNUM 1 \l 15358 We feel strongly that Diamond 88.5 will provide the variety and will appeal to the older demographics in order to bring them back to radio.
LISTNUM 1 \l 15359 Bill will tell you exactly how the playlist on Diamond 88.5 will speak to those older listeners.
LISTNUM 1 \l 15360 MR. BILL EVANOV: The format we are proposing for the Diamond is Today's New Easy Listening, a format of world‑class music we pioneered and made successful with our Newmarket station.
LISTNUM 1 \l 15361 This format was recently introduced to the Ottawa market as The Jewel. The essence of the format is to play the best soft melodic music from many eras with lyrics that might be meaningful and touch something within the listener relating to life experience, memories, lifestyle or simply feel good.
LISTNUM 1 \l 15362 Because we blend a variety of music genres from different eras, we are not in a time warp, nor do we sit still. We move from era to era. It is exciting to hear this variety: "Summer Wind" by Frank Sinatra from the '60s followed by a Barbra Streisand "The Way We Were" from the '70s, perhaps Toni Braxton from the '90s, "Cold Cold Heart" by Norah Jones from the era 2000, or in instrumental by Richard Abel or André Gagnon, and then a classic duet by Tony Bennett with Celine or K.D. Lang.
LISTNUM 1 \l 15363 Ninety percent of the music we will bring to Sudbury is not heard on existing stations. A list of artists that have not been heard in Sudbury in the last month is in your package.
LISTNUM 1 \l 15364 Of all the applicants before you, we have made the highest commitments to Canadian music and emerging artists. We will play 40 percent Canadian content at all times. As well, we will play 40 percent emerging artists, such as Susie Arioli, who sang, "I'll Never Smile Again; Michel Berube "Lotta Love"; Rick Sonata "Bewitched", or Carol Welsman's "Fever".
LISTNUM 1 \l 15365 These Canadian artists will be complemented by the great American songbook artists Carly Simon, Rod Stewart, Barry Manilow and Bette Midler, all of whom, as a world renowned performers, realized that they, like their audience, were progressively getting older and that their music tastes have changed and elevated to a softer melodic sound with meaningful lyrics.
LISTNUM 1 \l 15366 This is the reason our proposed format is ideal for Sudbury. Sudbury, just like these artists, and the aging baby‑boomer generation, has become older, as indicated by StatsCan and our research. It will continue to get older as the baby‑boomer bubble travels from the 50 age demo up to the 60 age demo and beyond.
LISTNUM 1 \l 15367 Every hour of the day will feature Canadian instrumental artists such as Richard Abel performing "Offenbach's Bacarolle" and new emerging instrumental artists Howard Lopez or Alan Burlon performing pop classics.
LISTNUM
1 \l 15368 We know that as radio stations
narrowed their playlists to fit the more rigid youth formatting,
instrumental music on radio saw a drastic decline in the mid to late '70s. Despite the decline in radio play, there is
still a strong demand for instrumental music.
Seventy‑nine
percent of people we surveyed who said they would definitely listen to the
Diamond also expressed an interest in the instrumental music.
LISTNUM
1 \l 15369 Instrumental
musicians, they exist across the country in every village, every town, every
city. They perform at private functions,
at weddings, at Bar Mitzvahs, at concerts, in clubs and, in many cases
including Sudbury, in symphony orchestras.
LISTNUM
1 \l 15370 Instrumental
music is very much alive and yet, because it is being ignored by radio, it has
been forced to operate as a cottage and basement industry. The artists produce, they market and sell
their recordings themselves via the internet, flea markets, small concerts or
through word‑of‑mouth.
LISTNUM
1 \l 15371 We
cannot ignore a form of music that has existed for centuries. Surely, we cannot deny future generations the
opportunity to hear instrumental music.
Today our stations in Newmarket and Ottawa provide exposure for this
music. We believe that, as our research
points out, Sudbury would welcome this opportunity.
LISTNUM
1 \l 15372 Our
instrumentals are uplifting. They are
fresh and definitely foreground. They
engage the listener, they invoke passion and emotion. A sample of a broad variety of instrument
music could include a Strauss waltz performed by André Rieu, or "Penny
Lane" performed by the Boston Pops.
It could be emerging artists Jacques Duguay performing "My Elusive
Dreams" or Paul Blissett performing
"Annette".
LISTNUM
1 \l 15373 As
an additional way to showcase new Canadian and instrumental talent, the Diamond
will have features geared to that end.
Paul Evanov will tell you more about those elements.
LISTNUM
1 \l 15374 MR.
PAUL EVANOV: Two of our features have
been put into our program schedule in order to highlight new Canadian
artists. The "Canadian
Spotlight" is an hour long show that will present the work of a new
Canadian artists performing in the vocal or instrumental style. During the feature, the host will discuss the
artist's background and other relevant facts that are of interest to the
listener. Where possible, we will invite
the artist into the studio for live one‑on‑one discussion. Naturally, we will also play a selection of
works by that artist during the hour.
LISTNUM
1 \l 15375 The
"Canadian Spotlight" segment is scheduled to play on Saturday
afternoon. Mindful of the nature of
shift work that accompanies the mining industry, we will re‑air the
segment on Sunday mornings.
LISTNUM
1 \l 15376 The
second feature focuses on instrumental talent.
The "After Nine" program is designed to run in the evening and
is meant to appeal to a listener who wants to sit back and relax
to some soothing music. Although
not exclusive to Canadian artists, this feature will draw on many of
the artists who have signed on to our Catalogue of Canadian Instrumental
Music, which Carmela will be addressing shortly.
LISTNUM
1 \l 15377 In
brief, the catalogue provides a vehicle for instrumental musicians to get their
work out, and the format we are proposing is a perfect fit for that type of
music.
LISTNUM
1 \l 15378 We
feel each of these features demonstrates that it is possible to have high
quality programming that showcases new talent, while at the same time meets and
exceeds minimum levels of Canadian Content requirements.
LISTNUM
1 \l 15379 I
will pass things over to Wendy Gray to talk about other spoken word
elements of our programming.
LISTNUM
1 \l 15380 MS
GRAY: As is the case in many northern
markets, local news and information scored very important to 67 percent of
the people of Sudbury. Consequently, the
newsroom at Diamond 88.5 will deliver an above average local component of
50 percent. Listeners will be able
to access information about what is happening in and around the Greater Sudbury
Area 20 times per day from Monday to Friday.
LISTNUM
1 \l 15381 The
lifestyle in northern Ontario sees people travelling from one town to another,
either to visit family or to take advantage of some event that may be happening
in another northern community.
Consequently, listeners want to know what there is to do in their
region, as well as what is happening in the Greater Sudbury Area.
LISTNUM
1 \l 15382 To
meet that need, we have scheduled a community calendar segment four times daily
which will include events in Sudbury, but will also extend farther afield to
areas such as Timmins and North Bay.
LISTNUM
1 \l 15383 Natural
resources play an important role in the Sudbury market. Recognizing the importance of Inco and X‑Strata
to the local community, and Tembec and Domtar to the Northern Ontario region,
we will air a business report twice daily focusing on local, national and
international business news.
LISTNUM
1 \l 15384 As
people age, health issues become more and more important. Diamond 88.5 is targeting a more mature
demographic and Sudbury is a Regional Health Centre for over 600,000 Northern
Ontario residents seeking an acute, transitional, rehabilitation or cancer
care. Haliburton Broadcasting is the
only applicant with radio stations in the surrounding communities that depend
on Sudbury for health services. Simply
put, if you need cancer care, treatment for heart disease or mental health care
in Elliot Lake, you will most likely be travelling to Sudbury for that
care. And once in Sudbury, those same
residents can depend on a familiar voice to deliver relevant health information
once a day during the lunch hour.
LISTNUM
1 \l 15385 We
feel strongly that both the musical and spoken word programming will appeal to
our target demographic and that we will have a solid listenership as a
result. Christopher Grossman will
address how these numbers will impact on sales and the overall financial health
of Diamond 88.5.
LISTNUM
1 \l 15386 MR.
GROSSMAN: Due to a revived interest in
natural resources, Sudbury has seen a population growth in recent years. Large companies such as Inco and X‑Strata
have invested large sums of money in Northern Ontario. This new job creation in the resource sector
is fuelling housing starts and other industries such as medicine. Because of this renewed investment, the net
migration is on the increase as people who have left are returning to Sudbury.
LISTNUM
1 \l 15387 Overall,
the Sudbury market is strong. Retail
sales in Sudbury far outpace the rate of inflation. The radio PBIT in Sudbury has increased
60 percent since the year 2000. The
total radio market is worth $10 million.
We project that 75 percent of our revenue will come from new
advertisers. We expect to bring
disenfranchised advertisers who target the more mature consumer back to radio.
LISTNUM
1 \l 15388 Edward
Jones Group, Belanger Design Studio in the Sudbury Symphony Orchestra have all
told us that they would be interested in advertising on a station that delivers
the 50‑plus demographic.
LISTNUM
1 \l 15389 The
remaining 25 percent of our initial revenue will come from existing
stations. The initial impact represents
only 2 percent of the total market spend and we expect he will eventually
be replaced as new advertisers expand their budget.
LISTNUM
1 \l 15390 As
with all radio applications, we have allocated a portion of these revenues
to be committed to Canadian Content Development.
LISTNUM
1 \l 15391 Carmela will
tell you about some of the proposed CCD initiatives.
LISTNUM
1 \l 15392 MS
LAURIGNANO: You will note from our
application that our CCD plan far exceeds the direct minimum requirements
imposed by the revised Commercial Radio Policy.
We believe our CCD plan shows our commitment to developing Canadian
content and talent.
LISTNUM
1 \l 15393 We
are sensitive to the strong Francophone presence in Sudbury. I believe we are the only applicant to have
dedicated over $10,000 per year to MUSICACTION in order to develop Francophone
talent in the region.
LISTNUM
1 \l 15394 In
addition to our commitment to MUSICACTION, we continue to be dedicated to the
Catalogue of Canadian Instrumental Music.
This initiative, worth close to $1 million was first approved by
the Commission when we applied for our licence in Ottawa. Since that time, we have developed the web‑based
site and have started to register members.
We now have over 1,000 records in the database. The soft launch of the website is scheduled
for mid‑April.
LISTNUM
1 \l 15395 We
are also planning an advertising campaign, including print and internet‑based
advertisements in trade magazines to begin in June. In the coming month, we will also be inviting
existing members to add the balance of their work to the catalogue.
LISTNUM
1 \l 15396 We
intend to make the database available to the film and television industry come
the fall, so that they may source new and exciting instrumental music for their
works.
LISTNUM
1 \l 15397 It
is to these aspects of the catalogue that we are dedicating over $90,000 during
the term of the licence.
LISTNUM
1 \l 15398 Given
the strong number of aboriginal people in Northern Ontario, we have committed
monies to two projects that will help to develop aboriginal talent. The first of these projects is at Laurentian
University and the second is the Aboriginal Media Education Fund.
LISTNUM
1 \l 15399 Laurentian
University runs a communications program which covers all areas of
broadcasting, including broadcast journalism.
As a requirement of the program, all students must take at least one
course in aboriginal cultural studies.
We have committed $5,000 per year to be given to the program over the
seven years of the licence term.
LISTNUM
1 \l 15400 The
Aboriginal Education Fund is an an initiative which has, as its mandate,
to foster a talent pool that will create, produce, distribute, market and
broadcast programming that is relevant in today's aboriginal society, both
nationally and internationally. We have
committed $10,000 per year over the seven years of the licence term to
this initiative.
LISTNUM
1 \l 15401 Lastly,
we have set aside $10,000 per year to promote Canadian talent at Canadian Music
Week.
LISTNUM
1 \l 15402 Our
total CCD package over the seven‑year licence term, in direct benefits
alone, is $350,000.
LISTNUM
1 \l 15403 MR.
GROSSMAN: As you have heard, there is a
gap in the Sudbury market that needs to be filled. The 45‑plus demographic has stated they
are unhappy with the radio service being provided to them. Diamond 88.5 will change that situation. With our blend of music from the last five decades
as well as a combination of locals and instrumentals, our station will appeal
to a more mature market and give them what they want. Not only will our listeners be happy with the
end product, but advertisers will also benefit from today's Easy Listening
format which delivers an upscale, more mature market.
LISTNUM
1 \l 15404 Let's
review the key benefits of this application.
LISTNUM
1 \l 15405 Number
one, this application is a strong marriage of two very experienced independent
broadcasters who will bring editorial, ownership and format diversity to the
Sudbury market.
LISTNUM
1 \l 15406 Diamond
88.5 will repatriate lost tuning in the older demographic, as we have seen in
The Jewel in Ottawa.
LISTNUM
1 \l 15407 This
format in Sudbury will see increases in total advertising spending as new
advertisers tap into the mature audience we create.
LISTNUM
1 \l 15408 Through
the synergies created, both Haliburton and ERG will continue to provide quality
programming to the under served communities.
LISTNUM
1 \l 15409 And,
finally, Haliburton will be able to strengthen its French network.
LISTNUM
1 \l 15410 Diamond
88.5 will inject $350,000 into CCD benefits that will deliver hundreds of new
and emerging Canadian artists to the Sudbury airwaves over the term of the
licence.
LISTNUM
1 \l 15411 Before
we go to questions, we have one in brief housekeeping matter to address.
LISTNUM
1 \l 15412 Sean...?
LISTNUM
1 \l 15413 MR.
MOREMAN: Yes. As a matter of housekeeping, in our most
recent reply to deficiencies there was a small mathematical error. That error has been corrected and filed with
the Secretary and does not impact on anything that was in the presentation.
LISTNUM
1 \l 15414 MR.
GROSSMAN: Thank you.
LISTNUM
1 \l 15415 This
concludes our presentation and we would be pleased to answer any questions
that you may have.
LISTNUM
1 \l 15416 THE
CHAIRPERSON: Thank you very much.
LISTNUM
1 \l 15417 Commissioner
Cram...?
LISTNUM
1 \l 15418 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 15419 I
will address my questions to you, Mr. Grossman, and you can direct
them wherever you want.
LISTNUM
1 \l 15420 MR.
GROSSMAN: All right.
LISTNUM
1 \l 15421 COMMISSIONER
CRAM: I must say, this end of the table
was getting very depressed when Mr. Evanov was talking about the fact that
we are getting older.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15422 COMMISSIONER
CRAM: I'm sort of having a hard time
getting over the slight bit of depression caused by that thought.
LISTNUM
1 \l 15423 Anyway,
you are targeting a 45‑plus audience you say, and I found it interesting
in your talk, you talked about "upscale" older people just at the
end.
LISTNUM
1 \l 15424 How
do you know they are upscale?
LISTNUM
1 \l 15425 MR.
GROSSMAN: We would be looking at sort of
the general trends of inheritance, the larger shift of wealth ever seen, where
parents are handing over their estates and fortunes to their children.
LISTNUM
1 \l 15426 I
think is just a generally ‑‑ general sense that there is more
material wealth available to an older ‑‑ the yuppie generation
that there ever has been. I think we see
that in the retail spends that are evident in Sudbury, as well as just common
sense would prevail that there is money available, it is a more mature upscale
audience than has been in the previous.
LISTNUM
1 \l 15427 COMMISSIONER
CRAM: I thought they gave all her money
to their kids.
LISTNUM
1 \l 15428 MR.
GROSSMAN: They spend it first.
LISTNUM
1 \l 15429 COMMISSIONER
CRAM: Your core audience would be?
LISTNUM
1 \l 15430 MR.
GROSSMAN: It would be 55 to 64.
LISTNUM
1 \l 15431 COMMISSIONER
CRAM: Who is your ‑‑ is
it a Jack or a Diane and what age are they?
LISTNUM
1 \l 15432 MR.
GROSSMAN: Paul, or Bill, do you want to
dive into that?
LISTNUM
1 \l 15433 MR.
BILL EVANOV: It would be slightly skewed
female, maybe 55‑45 or 53‑47 percent, just slightly, nothing
major.
LISTNUM
1 \l 15434 The
age demo really would be ‑‑ between 55 and 60 would be your
predominant age group.
LISTNUM
1 \l 15435 Our
core, like our heavy core, would be 55‑64, with the bulk of that,
even the larger portion, being 55‑60, which is what we have
experienced in Ottawa and also we have experienced that in Newmarket.
LISTNUM
1 \l 15436 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15437 I
thought it interesting at page 3 of your introduction today you are
talking about:
"When we evaluated the market,
we determined that the most popular demographic, the 18‑45 year olds, is
well‑served by existing stations."
LISTNUM
1 \l 15438 You
did your own evaluation of the market?
LISTNUM
1 \l 15439 Is
that what I'm hearing?
LISTNUM
1 \l 15440 MR.
GROSSMAN: Yes, we did. Yes.
LISTNUM
1 \l 15441 COMMISSIONER
CRAM: And you didn't really look at
satisfaction levels, you looked at the fact of who the formats were directed
at.
LISTNUM
1 \l 15442 Is
that correct?
LISTNUM
1 \l 15443 MR.
GROSSMAN: That's correct.
LISTNUM
1 \l 15444 I
will ask Sean to give you some background on the research that we did.
LISTNUM
1 \l 15445 MR.
MOREMAN: That is correct.
LISTNUM
1 \l 15446 What
we did was looked at what services existed in the market and who they self‑identified
as marketing to and we said that there was a hole ‑‑ in our
opinion, there was a hole at the top end of the demographic. We went in and did a satisfaction survey
amongst the demographic that we ‑‑
LISTNUM
1 \l 15447 COMMISSIONER
CRAM: The demographic you were proposing
to direct yourself at.?
LISTNUM
1 \l 15448 MR.
MOREMAN: That's correct.
LISTNUM
1 \l 15449 COMMISSIONER
CRAM: Yes, all right.
LISTNUM
1 \l 15450 So
I find it interesting Newcap here is aiming at that very demographic, the
younger demographic, and younger still, and we have always been told that it is
that demographic that is leaving radio.
LISTNUM
1 \l 15451 Now,
at the end of my career with the CRTC, I find out that there is another
demographic leading, the 45‑plus.
Radio is in real trouble.
LISTNUM
1 \l 15452 You
say you repatriated, can I say, the older listener, you think, in Ottawa
and in Newmarket?
LISTNUM
1 \l 15453 MR.
GROSSMAN: The ratings from S106 for the
four rating periods over the launch of The Jewel, there was 31 percent
increase in tuning 55‑plus than there was before The Jewel was on the
air. That is evident in the BBM ratings
in Ottawa.
LISTNUM
1 \l 15454 COMMISSIONER
CRAM: Oh, in the BBM ratings. All right.
LISTNUM
1 \l 15455 MS
LAURIGNANO: If I can add to that, just
to clarify about the research and the tuning and the trends, you are correct,
there is a lot of research in the public domain, some of which we have advanced
and other applicants in the past, that shows that the two ends of the
demographic are leaving radio, are not tuning in radio, or they are not tuning
as often.
LISTNUM
1 \l 15456 Luckily
for Sudbury, there has been an increase in tuning overall for radio. The research will bear that out. That is specifically true in the age demo.
LISTNUM
1 \l 15457 So
while the tuning is up overall, it is significantly lower in the higher end of
the demographics, which is one of the things that we looked at and we analyzed
about what format could possibly be feasible there. That was just like an initial step, because
had we gotten back some results that this format was not feasible we would have
gone and found a format, fine, but it just happened that it confirmed all that.
LISTNUM
1 \l 15458 So
it is true that that trend has been going on.
LISTNUM
1 \l 15459 In
Sudbury it is a different situation right now and, as I say, luckily for us
because, as you know, we are crusaders for the young demographics where we have
actually come up with a YCR format that we are trying to advance across
the country. That tuning is way up in
Sudbury, which is great.
LISTNUM
1 \l 15460 The
other thing I think that supports our argument that the need is in the older
demo, you will see by the number of applicants that four out of the six really
have identified the top end of the market as having the greatest need.
LISTNUM
1 \l 15461 So
I just wanted to add that in.
LISTNUM
1 \l 15462 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 15463 I
take it, though, that because Ottawa and Newmarket you have more competition,
or you would have more competition, in Sudbury you are going to add more newer
music.
LISTNUM
1 \l 15464 Is
that the concept?
LISTNUM
1 \l 15465 MR.
BILL EVANOV: It would be somewhat
similar. There might be ‑‑
well, there would be more newer music now that were getting into the emerging
artist percentages that we are committing to.
In that respect there would be more newer music ‑‑ I'm
having problems with the alliteration this morning, excuse me ‑‑
if that's the question your asking.
LISTNUM
1 \l 15466 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 15467 MR.
BILL EVANOV: But other than that, the
formats would be very, very similar in nature.
When you say "newer music" that doesn't mean you are putting
on rock music and targeting younger, it just means you are putting in newer,
more melodic, easy‑to‑listen‑to‑type music that the 45‑plus
age demo might enjoy.
LISTNUM
1 \l 15468 COMMISSIONER
CRAM: You talked a fair bit about
instrumental this morning and it seems you are looking at about 20,
25 percent of instrumental?
LISTNUM
1 \l 15469 MR.
BILL EVANOV: Yes, we are looking at
25 percent instrumental.
LISTNUM
1 \l 15470 COMMISSIONER
CRAM: How much would be Category 3?
LISTNUM
1 \l 15471 MR.
BILL EVANOV: Of the overall music or of
the instrumental?
LISTNUM
1 \l 15472 COMMISSIONER
CRAM: Of the instrumental.
LISTNUM
1 \l 15473 MR.
BILL EVANOV: It would be around
3 percent.
LISTNUM
1 \l 15474 COMMISSIONER
CRAM: All right. Three to 5, I think you said.
LISTNUM
1 \l 15475 MR.
BILL EVANOV: Three to 5 is the overall,
yes.
LISTNUM
1 \l 15476 COMMISSIONER
CRAM: I noticed classics. You were talking about a couple of classics
that I was fascinated by.
LISTNUM
1 \l 15477 Are
the instrumentals part of the programming or are they day‑parted?
LISTNUM
1 \l 15478 MR.
BILL EVANOV: Here is what you will hear
in a day.
LISTNUM
1 \l 15479 In
morning drive there might be limited instrumental because it is a morning drive
program, it is very, very different, and there might be one an hour. It depends on the programmer in
that area.
LISTNUM
1 \l 15480 From
9 o'clock on there would be at least two per hour. What we found is, two per hour mixed in with
the other genres of music that we are doing from different eras fits in
beautifully and there is a real nice mix to it.
We have experimented with this for a long time.
LISTNUM
1 \l 15481 So
throughout the day you are going to hear perhaps 20 different instrumentals,
okay, throughout your day‑part.
LISTNUM
1 \l 15482 Then,
in the evening, we will come to a specialty program of instrumental music where
I think we are playing about 39 selections, 38 selections, could be 40
depending on whatever. That is more of a
specialized program. That is why we have
that particular block.
LISTNUM
1 \l 15483 The
other reason for it is that you can take 1,000 tracks of instrumental
music and there is some you cannot play in the daytime. They are perhaps very slow, they will
bring your program to a halt. So
those are day‑parted to the evening time period and the ones that
are perhaps a little bit more lively would be day‑parted to the
earlier part of the day.
LISTNUM
1 \l 15484 I
just want to go back very quickly.
LISTNUM
1 \l 15485 When
we began this format years ago in Newmarket we didn't play any instrumental
music, unless maybe it was a hit by a Herb Alpert or a Percy Faith or something
that just came up once in awhile, "Summer Place" or whatever.
LISTNUM
1 \l 15486 Then
we started to get phone calls from many, many people, okay, because we thought,
like everybody else, instrumental music was dead. Then we got the shock all of our lives,
because phone calls and e‑mails would come in and say "Listen, you
know, you may not play it, but there is a school here that has a class of 300
kids playing instrumental music, there is another school there that has a class
of 40 kids playing instrumental music and there is a lot of people that play
instrumental music so why don't you put it on the air?" So we did.
LISTNUM
1 \l 15487 We
started inviting people to send us their own home‑made, basement‑made
CDs as well. Then we started adding more
and more, but we couldn't add ‑‑ then we had to make a
decision and experiment with the programming where could we put it. So in terms of day‑parting, we put some
in the day, some in the evening, and a lot of people really wanted ‑‑
there was a real demand from a lot of people that really were interested only
in instrumental music, so we created an evening block of a couple of hours
specifically for them and anybody else to enjoy.
LISTNUM
1 \l 15488 If
you are reading a book, if you have a nice evening to enjoy something, it is
beautiful music to listen to. So for
that reason we have had a great response.
LISTNUM
1 \l 15489 We
believe if there are stations across the country playing this music,
instrumental music will come back. But
if radio doesn't take the lead and play it and give it the exposure, it is
going to remain in the basements.
LISTNUM
1 \l 15490 But
it will never go away. It has been
around since the days of Strauss and Beethoven.
It is not leaving, it is here to stay and we are going to play it.
LISTNUM
1 \l 15491 In
terms of the classical, we are not a classical music station, but we will play
some light classics. You know, we will
play the waltzes, we even play tangos, and it is mixed in with a lot of the pop
classics. So it has a very exciting
sound to it.
LISTNUM
1 \l 15492 That
is what I can tell you about that.
LISTNUM
1 \l 15493 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 15494 MR.
BILL EVANOV: Oh, Carmela? Sorry.
LISTNUM
1 \l 15495 MS
LAURIGNANO: I just have something to
add.
LISTNUM
1 \l 15496 The
way that the programming is formatted is also supported by our research. What the research found is that there is a
core of people who really like instrumental music. It is not surprising, because those of us who
grew up and who lived prior to the '90s ‑‑ exactly ‑‑
LISTNUM
1 \l 15497 COMMISSIONER
CRAM: Playing the piano.
LISTNUM
1 \l 15498 MS
LAURIGNANO: ‑‑ if you look at charts, instrumental music used
to chart as well as vocals. I mean, it
was part of every station's radio mix that, you know, you would have top 40
hits that were instrumental.
LISTNUM
1 \l 15499 So
this music is very, very familiar to people.
They know it and it is like "Holy smokes, I haven't heard that in a
while". So it is both familiar in
terms of having lived with it, it is familiar sometimes because it is cover
versions of popular, familiar music. So there
is a hard core for that. Those people
are going to be extremely satisfied in those three hours of solid programming
in the evening.
LISTNUM
1 \l 15500 What
the research also found is that there are a number of people who said "Ah,
I don't know about instrumental music.
It's not really my favourite thing". But when we played them a sample ‑‑
which we did, we actually blended an instrumental music ‑‑ the
numbers shot up like crazy about how likely they would be to listen they liked
it so much when it was blended.
LISTNUM
1 \l 15501 So
we have really taken those two, you know, findings and put them and translated
them into the programming. That is why
it is blended in the day time, sometimes two or three an hour depending on the
day parts and what kind of blend we are going to do to the solid stuff.
LISTNUM
1 \l 15502 We
think, too, that during the daytime when people come to realize and appreciate
those tunes and that kind of music and get to like it ‑‑ which
we know they will ‑‑ then they will have the opportunity to
get their real fill of it, which is later on, and we will promote it as such
that they can go on the evening and listen to that particular block.
LISTNUM
1 \l 15503 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 15504 So
how is this format going to be different from the format of Joco or Wrightsell?
LISTNUM
1 \l 15505 MR.
BILL EVANOV: If we look at Joco, we are
trying to understand the format. I'm not
being critical, I don't understand it fully.
But from what we heard, it is an Oldies format which tells me that it is
maybe a lot of rock and roll oldies, which we are not. We are more ‑‑ we are a soft
melodic ballad sound, romantic songs or wherever.
LISTNUM
1 \l 15506 They
have made no major commitment of any kind to instrumental music. They may play the odd one, but we will play
25 percent.
LISTNUM
1 \l 15507 For
us it is a major source also of emerging artists.
LISTNUM
1 \l 15508 They
don't believe in the internet. We
believe in the internet and we believe that older people like ourselves, or
even people 10 years older than us, are using the internet. What we have found, even in Ottawa, that we
are getting e‑mails ‑‑ from Gatineau and Ottawa, e‑mails
from people that are probably in their late 70s how much they enjoy the music,
or their early 70s.
LISTNUM
1 \l 15509 We
use it as a marketing tool. Our
programming is available there, information is available, contests are
available, so we think it is an excellent tool for the radio station and it
knows no age barriers. I think if there
is an interest people will learn it. It
can be very basic as e‑mails or just listen in online.
LISTNUM
1 \l 15510 I
think their commitment to emerging artists was 10 percent and our
commitment is 16 percent over the week.
In other words, we have 40 percent of the 40 percent Canadian,
which works out to 16 percent. So
ours is higher there.
LISTNUM
1 \l 15511 I
believe our CTD commitment is higher.
LISTNUM
1 \l 15512 COMMISSIONER
CRAM: I'm just talking about
programming.
LISTNUM
1 \l 15513 MR.
BILL EVANOV: Yes, I'm sorry.
LISTNUM
1 \l 15514 COMMISSIONER
CRAM: So Mr. Wrightsell's proposal?
LISTNUM
1 \l 15515 MR.
BILL EVANOV: Yes.
LISTNUM
1 \l 15516 Their
medium age is 42 or 43 which really sort of made me sit up and wonder if they
were targeting the right group. If they
do, that is a greater impact in the market in the stations that are currently
there. Where ours is up into the mid to
late 50s so our impact will be less in the market.
LISTNUM
1 \l 15517 I
believe their emerging was 15 percent of the 40 which is
6 percent. Again ours was 16. I believe also that they had no real
instrumental down on their list in terms of instrumentals where we have a firm
commitment and we believe in that.
LISTNUM
1 \l 15518 Also,
from what I gathered, there was no spoken word features that were defined,
whereas we have 40 scheduled features per week.
This is not counting news.
LISTNUM
1 \l 15519 So
I think we bring a proven format, a working model and a very large library to
the table in terms of producing this type of music.
LISTNUM
1 \l 15520 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15521 Moving
on to spoken word, what is the total amount of structured spoken word?
LISTNUM
1 \l 15522 MR.
GROSSMAN: Paul, I will ask you to
answer.
LISTNUM
1 \l 15523 MR.
PAUL EVANOV: All right. To break it down, along with ‑‑
you know, music is a huge part of this radio station, but obviously spoken word
is obviously very important within that.
As the research indicated as well, there is a high interest
in surveillance, weather, traffic, news and information. So we have incorporated that in our entire
program schedule.
LISTNUM
1 \l 15524 So
with features and news, we have news and news updates, which Wendy can
elaborate on, we have 189 minutes per week for news and news updates
alone. We also have traffic reports,
which add up to about 176 minutes per week.
Our combined features, community calendar, business report, health watch
and book of the week equals about 56 minutes per week. We have the Canadian Spotlight specialty show
which runs twice, which is two hours there.
Mixed within that as well, those features on their own, we also have
announcer talk, rolling talk between the announcers.
LISTNUM
1 \l 15525 COMMISSIONER
CRAM: The question was: How many hours of structured program spoken
word?
LISTNUM
1 \l 15526 MR.
PAUL EVANOV: Structured excluding
commercials, we have 995 minutes, 16.5 hours, which would equal up to
13 percent per week of spoken word.
LISTNUM
1 \l 15527 COMMISSIONER
CRAM: You are looking at something
that I think has it all spread out very easily.
LISTNUM
1 \l 15528 Could
you provide that to us so we could use it for comparison.
LISTNUM
1 \l 15529 MR.
PAUL EVANOV: I definitely could. I will clean it up from my notes and submit
it.
LISTNUM
1 \l 15530 COMMISSIONER
CRAM: That would be great.
LISTNUM
1 \l 15531 The
unstructured spoken word, how much are you planning?
LISTNUM
1 \l 15532 MR.
PAUL EVANOV: Unstructured in regards to
announcer talk?
LISTNUM
1 \l 15533 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 15534 MR.
PAUL EVANOV: Announcer talk on average,
on average 8 to 10 minutes per hour.
Some hours we will have a little bit less. Obviously there will be more emphasis in the
morning show, a little bit less in the midday.
Some features such as the Canadian Spotlight, if we have a Canadian
artist in or a few artists in there will be a little more talk in that hour. Some weeks there might not be any artists,
there will be a little bit less, but on average 8 to 10 minutes of
announcer talk, which will include, you know, regular surveillance and
information and updates.
LISTNUM
1 \l 15535 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15536 MR.
PAUL EVANOV: As well as information on
artists and the music that we are playing.
LISTNUM
1 \l 15537 COMMISSIONER
CRAM: How many new staff are you
planning on hiring?
LISTNUM
1 \l 15538 MR.
PAUL EVANOV: I will have Wendy address
our news department.
LISTNUM
1 \l 15539 MS
GRAY: We plan to have one full‑time
news anchor/news director who will either do the morning or the afternoon
news shift. We will have two part‑time
employees in the newsroom, one again either doing the morning shift. As well, those two will split the reporting
duties within the city, and we plan on utilizing three to four interns from
Laurentian University or Cambrian College to do some follow‑up on press
releases as well as going out to press conferences, city council meetings, that
sort of thing, to provide them an opportunity to learn in a working newsroom.
LISTNUM
1 \l 15540 COMMISSIONER
CRAM: When you say "part‑time"
do you mean half time?
LISTNUM
1 \l 15541 MS
GRAY: Part time would be 25 to
30 hours.
LISTNUM
1 \l 15542 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15543 The
number of programming staff?
LISTNUM
1 \l 15544 MS
GRAY: I'm going to let Paul
speak to that.
LISTNUM
1 \l 15545 MR.
PAUL EVANOV: Sorry to jump around here.
LISTNUM
1 \l 15546 In
total we have eight full‑time programming staff and three part‑time,
which consists of obviously program director, as Wendy stated, our news staff
there. We also have ‑‑
we are live all day from 6:00 a.m. to midnight with the morning show, live
morning show, live midday, live drive home and live evening show, along with two
swing announcers as well to cover off some weekend shifts and to fill in where
needed, and also a production and creative director for the station and the
programming department, on top of the news department that Wendy just spoke to.
LISTNUM
1 \l 15547 COMMISSIONER
CRAM: So the eight programming and then,
in addition, the news, the two essentially FTEs.
LISTNUM
1 \l 15548 You
have answered my other question, you are going to be live‑to‑air
during the full broadcast week?
LISTNUM
1 \l 15549 MR.
PAUL EVANOV: Yes, we are, from
6:00 a.m. to midnight and there will be a bit of voicetracking over night.
LISTNUM
1 \l 15550 COMMISSIONER
CRAM: Yes, midnight to 6:00 a.m., yes.
LISTNUM
1 \l 15551 MR.
PAUL EVANOV: Yes.
LISTNUM
1 \l 15552 COMMISSIONER
CRAM: You said in your letter of January
9, that there would be a minimum of 100 hours of local programming.
LISTNUM
1 \l 15553 Are
you going to be moving some programming from your other stations or how is that
going to work?
LISTNUM
1 \l 15554 MR.
GROSSMAN: I will ask Paul to talk to
that.
LISTNUM
1 \l 15555 MR.
PAUL EVANOV: Yes. Out of 126 minimum 100 will be local. As again some of our features, the Canadian
Spotlight, we will be gathering some ‑‑ we want to utilize the
resources of our other radio stations so there will be some information coming
from perhaps Newmarket or perhaps Ottawa in order to spotlight some of the
Canadian artists in those cities or different areas.
LISTNUM
1 \l 15556 So
those might be in some of the Canadian Spotlight which would perhaps count as
local, but a minimum 100 hours would be local to the Sudbury ‑‑
you know, from the Sudbury radio station.
LISTNUM
1 \l 15557 COMMISSIONER
CRAM: So potentially 26 hours and
that would be ‑‑ it sounds like primarily spoken word
programming would come from elsewhere?
LISTNUM
1 \l 15558 MR.
GROSSMAN: Yes. Like some of the feature
programming. If we could utilize the
resources in the other stations, that would be included there.
LISTNUM
1 \l 15559 MR.
BILL EVANOV: I'm sorry, the
100 hours is minimum.
LISTNUM
1 \l 15560 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 15561 MR.
BILL EVANOV: We just wanted some
flexibility because we didn't know what we necessarily might produce. It may end up that we might be 120 hours
of live programming originating from Sudbury.
So we wanted a little bit of flexibility. Seven years is a long time and things will
come up, but definitely not John Tesh.
LISTNUM
1 \l 15562 COMMISSIONER
CRAM: Programming synergies then, there
would be some programming synergies with your stations, Mr. Evanov.
LISTNUM
1 \l 15563 Would
there be any programming synergies with any other of your Haliburton stations,
Mr. Grossman?
LISTNUM
1 \l 15564 MR.
GROSSMAN: I think the predominance would
be with Bill's stations in Newmarket and Ottawa.
LISTNUM
1 \l 15565 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15566 MR.
GROSSMAN: For programming, that is.
LISTNUM
1 \l 15567 COMMISSIONER
CRAM: Yes. That's right.
LISTNUM
1 \l 15568 MR.
BILL EVANOV: In terms of music. But each station will have its own music
director, okay, who will decide on the actual final mix in terms of, for
example, if Sudbury is an older market he may spin certain records a bit more
than we would in Ottawa. He would be in
direct contact with local Canadian talent in that area that he may want to give
airplay to.
LISTNUM
1 \l 15569 So
although the library and the philosophy of the program is the same, it is the
local music director that will have a hands‑on with that format.
LISTNUM
1 \l 15570 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15571 As
you said, 16 percent overall to emerging artists.
LISTNUM
1 \l 15572 The
definition is what I need to know. How
do you define "emerging artists"?
LISTNUM
1 \l 15573 MR.
GROSSMAN: Carmela, do you want to tackle
that?
LISTNUM
1 \l 15574 MS
LAURIGNANO: I think so.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15575 MS
LAURIGNANO: We have defined
"emerging artists" as artists who have not sold 50,000 units or have
not been certified. Artists who have not
made it to any of the recognized charts such as top 40 or BDS or Mediabase, or
artists who have made those charts but have been on it for less than a year.
LISTNUM
1 \l 15576 COMMISSIONER
CRAM: Help me, is that different from
the CAB?
LISTNUM
1 \l 15577 MS
LAURIGNANO: It is very much similar to
the CAB. I'm not sure if it's exactly
the same, but it is similar to the CAB.
LISTNUM
1 \l 15578 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15579 You
had that, I think, in one of your letters, your definition.
LISTNUM
1 \l 15580 MS
LAURIGNANO: Yes, we do. That is in our ‑‑
LISTNUM
1 \l 15581 COMMISSIONER
CRAM: I have it, your letter of January
9th.
LISTNUM
1 \l 15582 MS
LAURIGNANO: January 9th, right. The second one.
LISTNUM
1 \l 15583 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 15584 In
your revenue you project getting 25 percent from existing radios. How did you ascertain that?
LISTNUM
1 \l 15585 MR.
GROSSMAN: It is a combination of looking
at the BBM ratings, our experience in the northern markets, Bill's experience
in Ottawa and in Newmarket and sort of looking at the mix. We have feet on the street in Sudbury and get
a sense of what really can practically happen in that market. So we are pretty confident based on their
experience and our experience that that is accurate.
LISTNUM
1 \l 15586 COMMISSIONER
CRAM: You are also optimistic about your
growth. You have 7.5 percent, 7, 5,
5, 4, 4.
LISTNUM
1 \l 15587 MR.
GROSSMAN: I will ask Carmela to speak to
that issue.
LISTNUM
1 \l 15588 MS
LAURIGNANO: Yes, we are very
confident. In fact, we are the one
applicant who has the best projections in terms of revenues over the seven years.
LISTNUM
1 \l 15589 It
is something that comes from a formula that we are familiar with. It is not just based on BBM numbers and
expecting a share of the market to be translated into revenue, because we
traditionally do better. We outperform
those shares.
LISTNUM
1 \l 15590 Also,
we are looking for this market at a source of advertisers who are not
traditional advertisers for the most part, some who have been wanting this
market but who have been unable to reach it because of inefficiencies in the
buy.
LISTNUM
1 \l 15591 I
mean, if you are looking at the Sudbury market right now to reach the 50‑plus,
you have to buy an AM station where the programming is a bit of a hybrid thing
and the actual audience is not that great for that radio station, or you have
to buy Easy Rock which attracts a certain percentage of those people 50‑plus,
but you have to pay the rate to reach the whole universe. So it is not very economical for an
advertiser who wants to reach his market to have to buy 1,000 listeners to
reach 500 car buyers.
LISTNUM
1 \l 15592 You
know, it's the old thing, if you are an advertiser would you rather buy a
station that has a million listeners, or would you rather buy a station that
has 500 car buyers. Well, I mean the
answer is the 500 car buyers and the analogy here is the same.
LISTNUM
1 \l 15593 So
there is a very large number of advertisers who want to reach this market, who
have been spending money by the way, but it is not to radio. I mean there are billboards, there are bus
boards, there is internet, there is print.
As we know, there are huge amounts going to print and to, you know,
standing at the street corner and signs and all kinds of other efforts, and our
experience, you know, radio is cost‑effective and it is broadcasting so
you reach a large number of people.
LISTNUM
1 \l 15594 So
we are very, very confident and we have, I think, the experience and the record
that we can do that. Part of this whole
thing about putting the business plan together was that we did speak with
advertisers, and not just in this market but, as you know now, we did it in
Ottawa and we did it in Kamloops and we did it in, you know, Calgary. While the geography is different, you know,
the desirability of the group and the lifestyle and demographic and that appeal
is pretty much across the country.
LISTNUM
1 \l 15595 So
we know that we can bring new revenue to broadcasting and I think that is one
of the great benefits that we can bring to the system with the licensing of
this station.
LISTNUM
1 \l 15596 MR.
BILL EVANOV: May I add one thing?
LISTNUM
1 \l 15597 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 15598 MR.
BILL EVANOV: It is just based on the
experience of our Newmarket station.
LISTNUM
1 \l 15599 That
is probably one of the toughest radio stations to sell and that is why for the 14 years
before we bought it it lost big money each and every year, because it has a
signal that is confined and it is in the middle of the Toronto CMA and it is
very hard to sell.
LISTNUM
1 \l 15600 But
today 70 percent of the advertisers on that station are brand new to
radio. In other words, they were taken
from elsewhere and brought to radio.
Seventy percent. That is a
very high percentage.
LISTNUM
1 \l 15601 The
station was forced to do that because they went after the regular advertisers
and couldn't get them because they didn't have the numbers or the signal, so I
said "Okay, let's go after everybody on the street and let's find
out. Let's bring people to
radio". And that's what it
did. I took people away from print, I
took some billboard people away and I took some people that just didn't believe
in advertising and brought them to radio.
But 70 percent of the clients on that radio station are new to the
broadcast business ‑‑ radio.
LISTNUM
1 \l 15602 COMMISSIONER
CRAM: Mr. Grossman, moving on, because
you are in the market, what would you say the impact of the ending of the LSA
is?
LISTNUM
1 \l 15603 MR.
GROSSMAN: I talk from personal
experience in Timmins where we were fortunate enough to be in an LSA and
what we have seen in that market is that since it has split up there is a
dramatic increase in our sales in Timmins with basically flat rating.
LISTNUM
1 \l 15604 To
answer your question about Sudbury, I think when you have more people in the
field asking for business you are going to get more business. The reality is, I think that Newcap has to
have more people in the field than they did in the past and I think it is going
to have a positive impact for the market.
LISTNUM
1 \l 15605 COMMISSIONER
CRAM: Mr. Grossman I want to talk
to you about your strategy.
LISTNUM
1 \l 15606 MR.
GROSSMAN: All right.
LISTNUM
1 \l 15607 COMMISSIONER
CRAM: You said today at page 2 that:
"Our French station in Sudbury
is really the driving force behind the remainder of the Haliburton French
cluster. The synergies offered ..."
LISTNUM
1 \l 15608 Again,
at the end you talked about
"... Haliburton will be able to
strengthen its French network."
LISTNUM
1 \l 15609 But
you had a station in the market in 1999.
LISTNUM
1 \l 15610 MR.
GROSSMAN: Right.
LISTNUM
1 \l 15611 You
know, I can only suggest to you that, you know, I think we are the largest
small‑market Northern Ontario broadcaster and it was probably one of the
most difficult decisions I had to make.
It's all on the public record.
The money that we got from the station was reinvested and then millions
more in more stations in Northern Ontario.
LISTNUM
1 \l 15612 If
I could do it again, I would never have sold that station. It was probably one of the biggest tactical
mistakes I have made.
LISTNUM
1 \l 15613 But
I think that what it taught me was what it is going to take for you licensing a
station in Sudbury right now.
LISTNUM
1 \l 15614 The
reality is, we need to get back in there.
It is crucial to the Northern stations that we have. The reality is that, you know, we have
launched a station in North Bay up against Rogers. I know what it takes to be successful in that
market where we have had some great success competing with them.
LISTNUM
1 \l 15615 You
know, I ask you to consider what I feel from my heart is that I wish I could
have gone back ‑‑ and Bob Templeton was very convincing, and I
wish I had talked to Gary Slaight a month before I talked to Bob
Templeton. In hindsight it was a major
error that I want to undo.
LISTNUM
1 \l 15616 I
want you to give me a licence in Sudbury again because, I tell you, we will
compete effectively against Rogers and I believe our application is stronger
with Bill, and you see the passion and what they talk about with the format, it
is a marriage made in heaven. Two strong
independents that really, really can compete effectively. I think we are the only ones that can really
go up against Rogers effectively, and I'm sure Newcap as well.
LISTNUM
1 \l 15617 COMMISSIONER
CRAM: So your tactical error was ‑‑
LISTNUM
1 \l 15618 MR.
GROSSMAN: Selling it.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15619 COMMISSIONER
CRAM: Yes. Was it because you were ‑‑
LISTNUM
1 \l 15620 MR.
GROSSMAN: We at the time, I'm sure ‑‑
and again it's on public record ‑‑ we bought five AM stations
from ‑‑ we are in the business of buying distressed
properties, stations that are under performing in Northern Ontario and made
quite a good business of it, but at the time we went to Pierre Morrisette and I
bought five AM stations and converted four of them in a row. I wish I had reversed the order and done
Sudbury first, but we had tower issues in Sudbury. We had a difficult time getting an agreement
with Telemedia at the time to use the combiner there.
LISTNUM
1 \l 15621 We
were basically put in a jam where I had to make a decision where we had a cottage
country station in Perry Sound that was in the market for sale and we had to
consolidate our strength in the cottage markets in Muskoka for the Toronto
market. It is the core of our business
and I just couldn't let that opportunity go at the time. I fully disclosed it to the Commission and I
can't impress upon you enough, we have to get back into Sudbury. I wish I had never sold the station in the
first place.
LISTNUM
1 \l 15622 COMMISSIONER
CRAM: Yes. You are still continuing your business
of buying distressed radios?
LISTNUM
1 \l 15623 MR.
GROSSMAN: Right. As you know, we have a couple before the
Commission right now of stations that are in distress and, you know, we make a
business out of it. We can go in and
rationalize the business, use the synergies that we have in our company, and we
feel very confident that there is a good, solid future in Northern Ontario and,
now that Standard is for sale, we are going to be able to expand that to
Southern Ontario.
LISTNUM
1 \l 15624 COMMISSIONER
CRAM: Yes. I look at your map and in terms of English
licences Sudbury would be at the end, so strategically if you had to let it go
again you could, probably. Right?
LISTNUM
1 \l 15625 MR.
GROSSMAN: No, it's not. Again it talks to the issues that Paul was
talking about. It is the regional centre
for the North.
LISTNUM
1 \l 15626 If
you go to Berrydown and look up the hill, they have Cosco there. Our customers, our advertisers, our listeners
in Elliot Lake, Iroquois Falls, Cochrane, Timmins, Kapuskasing, Hearst go and
shop in Sudbury. It is the regional
health centre for people in those areas.
If you have cancer, you have to go to Sudbury to get treated.
LISTNUM
1 \l 15627 The
reality is it's the centre. That's why
retail sales are up. You talked about
the disposable income being down, retail sales are up. It's because people are migrating to shop in
those markets because of the choices that they had that they have built in
Berrydown, which is a regional. You have
large retailers doing lots of volume in the market.
LISTNUM
1 \l 15628 COMMISSIONER
CRAM: All right. Thank You. Thank you very much, gentlemen.
LISTNUM
1 \l 15629 MR.
BILL EVANOV: Can I add something,
because we are part of the applicant.
LISTNUM
1 \l 15630 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 15631 MR.
BILL EVANOV: We are in this for the long
haul. The Evanov Radio Group has never
sold a radio station. We have competed
against the biggest odds in Toronto.
When we were a CHR we had to take on Rogers plus three Corus stations
that came right at us with the identical format. We stood our ground. We were the weak sister, the independent but
we prevailed. They ended up flipping
formats and changing.
LISTNUM
1 \l 15632 We
are in Sudbury forever. In other words,
if we are lucky enough to get this licence we are there. I know Mr. Grossman is committed. His commitment goes even beyond our
commitment in terms of that this station will support the French network,
because without this station that is very tenable. There are not big profits there and I'm sure
the Commission knows that.
LISTNUM
1 \l 15633 But
basically our stations together there are a powerful base for that French
network, as well as operating ourselves.
But we have no intention of selling Sudbury no matter what.
LISTNUM
1 \l 15634 COMMISSIONER
CRAM: I believe you,
Mr. Evanov. There is always the
possibility of a share transfer though, isn't there.
LISTNUM
1 \l 15635 MR.
GROSSMAN: I want to just add to that and
I don't want to belabour it.
LISTNUM
1 \l 15636 COMMISSIONER
CRAM: Yes...?
LISTNUM
1 \l 15637 MR.
GROSSMAN: But the reality is, when I
thought about doing this, you know, I looked at some of the other
decisions. When the Calgary decision
came down I was ecstatic that somebody that sold a station could get back into
it again. I realized in my own sense
that I had to get back in there. I had
to find a partner that, you know, could make this argument strong. I had to make sure that we had the financial
resources, which we do finally, to compete.
LISTNUM
1 \l 15638 And
I know what it takes. I am the only
applicant here today that has competed with Rogers on a one‑on‑one
level as a Northern Ontario operator, not just one station or two. I know what it takes, both to compete with
them in ratings and BBM, and our share in North Bay is a slam dunk.
LISTNUM
1 \l 15639 But
they are fierce competitors, believe me.
Strong, you know, very strong competitors. I say that with the utmost respect.
LISTNUM
1 \l 15640 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 15641 Madam
Chair...?
LISTNUM
1 \l 15642 THE
CHAIRPERSON: Vice Chairman Arpin.
LISTNUM
1 \l 15643 COMMISSIONER
ARPIN: Thank you, Madam Chair.
LISTNUM
1 \l 15644 I
only have one question and it is the same one that I have asked everyone that
has appeared before us today and yesterday.
LISTNUM
1 \l 15645 How
many stations do you think the Sudbury market could support, taking for granted
you are one of them?
LISTNUM
1 \l 15646 Also,
which of the applicants should we not be licensing because it will have a
negative impact on your business plan and which one do you think is not
competing really for the same demographic ‑‑ or is not in the
same market that you are planning to go?
LISTNUM
1 \l 15647 MR.
GROSSMAN: I think that we would one
licence to be granted and that would be us.
If you did grant a second licence, we would hope that it is
demographically as far away from us as possible.
LISTNUM
1 \l 15648 COMMISSIONER
ARPIN: Thank you very much.
LISTNUM
1 \l 15649 Madam
Chair...?
LISTNUM
1 \l 15650 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 15651 Commissioner
del Val...?
LISTNUM
1 \l 15652 COMMISSIONER
del VAL: Thank you.
LISTNUM
1 \l 15653 Just
one question for clarification.
LISTNUM
1 \l 15654 Your
"After Nine" program, is that all instrumental or ‑‑
LISTNUM
1 \l 15655 MR.
BILL EVANOV: It is instrumental with
talk, but there are no vocals.
LISTNUM
1 \l 15656 COMMISSIONER
del VAL: Thank you.
LISTNUM
1 \l 15657 Thank
you, Madam Chair.
LISTNUM
1 \l 15658 THE
CHAIRPERSON: Legal counsel...?
LISTNUM
1 \l 15659 MS
DIONNE: Hello.
LISTNUM
1 \l 15660 MR.
BILL EVANOV: Could I just make a
reference to one of the handouts we gave you?
LISTNUM
1 \l 15661 I
think we gave you a handout that said "Canadian Artists Not Heard in
Sudbury", and another one "World Class Artists Not Played in
Sudbury". There are a few at the
bottom that are asterisk and we didn't quite explain the asterisked and we
didn't quite explain the asterisk and I would like to explain that to you now,
just very quickly.
LISTNUM
1 \l 15662 We
looked at a month and those asterisks would indicate, for example, that perhaps
that one artist had one song played.
LISTNUM
1 \l 15663 The
example I'm going to give you is Bette Midler. The station in town played probably her
biggest hit, which was "Wind Beneath My Wings". They played it one time, okay. We play 10 Bette Midler songs.
LISTNUM
1 \l 15664 If
you take Barry Manilow, they played one Barry Manilow; we play 39 Barry Manilow
songs, different songs.
LISTNUM
1 \l 15665 It's
the same thing with K.D. Lang, we play 13 songs, they play "Constant
Craving".
LISTNUM
1 \l 15666 I
guess we go deeper into the repertoire of each artist to play in more of their
selections. So even though they are on
there, we asterisked them because there was one song that was played, that's
all. We didn't want to hide that, so
that's why does our asterisked.
LISTNUM
1 \l 15667 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 15668 Legal
counsel...?
LISTNUM
1 \l 15669 COMMISSIONER
ARPIN: Now that you are drawing our
attention to your two charts, I want only for the record to say that I'm not
related to John Arpin at least.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15670 COMMISSIONER
ARPIN: I know that he is a pianist
because I have a few records from him. I
have bought them only because it was carrying my name, but they are good.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15671 COMMISSIONER
ARPIN: I have one where he plays Scott
Joplin music. So he is not related. I never met him. I don't know who he is.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15672 MR.
BILL EVANOV: We should invite you
to Penetanguishene, because that is where he is from.
LISTNUM
1 \l 15673 MS
GREY: It's his loss, by the way.
LISTNUM
1 \l 15674 COMMISSIONER
ARPIN: It's his loss.
LISTNUM
1 \l 15675 MS
LAURIGNANO: It's actually his stage
name.
LISTNUM
1 \l 15676 MR.
BILL EVANOV: And you do look a lot
younger than him, too.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15677 MS
DIONNE: I would like to get your
comments on the possibility of the Commission imposing a condition of your
licence requiring at least 20 percent of your weekly music broadcast to
instrumental music.
LISTNUM
1 \l 15678 MR.
BILL EVANOV: Could you repeat that? I just didn't hear it.
LISTNUM
1 \l 15679 MS
LAURIGNANO: At least 20 percent
instrumental music for the week.
LISTNUM
1 \l 15680 MR.
BILL EVANOV: At least 20 percent
instrumental, yes.
LISTNUM
1 \l 15681 MS
DIONNE: Yes. So you would agree with ‑‑
LISTNUM
1 \l 15682 MR.
PAUL EVANOV: Yes, we would.
LISTNUM
1 \l 15683 MS
DIONNE: You have agreed to provide a
schedule break down of structured spoken word programming.
LISTNUM
1 \l 15684 Do
you have it with you today?
LISTNUM
1 \l 15685 MR.
PAUL EVANOV: Yes, we do. It has a few notes. We will have it to you just after the lunch
break, if that's okay.
LISTNUM
1 \l 15686 MS
DIONNE: Thank you.
LISTNUM
1 \l 15687 In
your Supplementary Brief, page 9, you state that:
"Few stations in Sudbury
broadcast current music suited to the new Easy listening format."
LISTNUM
1 \l 15688 You
go on to say that you:
"...see this opportunity to
fill this void by providing a broader range of current and new music in Sudbury
than is offered by either of your stations in Newmarket and Ottawa." (As read)
LISTNUM
1 \l 15689 Could
you describe any other differences in terms of music between your Newmarket and
Ottawa Stations and your proposed Sudbury Station.
LISTNUM
1 \l 15690 MR.
BILL EVANOV: The main
difference would be Canadian musicians are artists that are very local to
the Sudbury area because, as I mentioned before, Sudbury would have its own
music director who would be very specific in terms of some of the rotation in
terms of playing to perhaps a little bit of an older demo and in terms of
putting music into the system that would be very local. That is perhaps the main difference.
LISTNUM
1 \l 15691 MS
LAURIGNANO: That coupled with the
commitment to the new and emerging artists.
Whereas we haven't really kept track of that in the other markets up
until now, the commitment is there that we would meet the minimum requirements
for the new and emerging artists for that market as a condition of licence or
as a promise that we make here today.
LISTNUM
1 \l 15692 MS
DIONNE: All right.
LISTNUM
1 \l 15693 I
have some questions regarding your Catalogue of Canadian Instrumental
Music initiatives.
LISTNUM
1 \l 15694 Would
there be an interactive components such as an ability to download copies of the
instrumental music listed, or would the site's format be a basic catalogue
style listing of titles, composers and contact information.
LISTNUM
1 \l 15695 MS
LAURIGNANO: Totally interactive. Download, upload, post, hyperlinks, music
sales, dialogue, artist contact, management contact, appearance schedules,
performance.
LISTNUM
1 \l 15696 MS
DIONNE: All right.
LISTNUM
1 \l 15697 MS
LAURIGNANO: Really everything that would
help an artist from where to get recorded, you know, hints and help about how
to get a demo together, how to get in the programming department at the radio
station, who the contacts are to, you know, advise to chats once in awhile to
having actual online forum with artists, with programmers, with recording
industry promoters, managers, that kind of thing. So very much interactive.
LISTNUM
1 \l 15698 MS
DIONNE: All right.
LISTNUM
1 \l 15699 Would
you explain to us why on top of the nine thousand and ‑‑
nine twenty thousand already approved to support this initiative through
approval of your Ottawa application, why an additional about $91,000 per year is
needed to get the initiative up and running?
LISTNUM
1 \l 15700 MS
LAURIGNANO: Yes, I can
explain that. The monies that are
committed here would be earmarked specifically for the Sudbury and Northern
Ontario region.
LISTNUM
1 \l 15701 MS
DIONNE: Okay.
LISTNUM
1 \l 15702 MS
LAURIGNANO: The monies would
be directed towards adding for example to the database, that is by
identifying artists, their selections, and in terms of marketing and making the
catalogue a resource for artists, broadcasters and the public of Northern
Ontario. So there would be a specific
effort there.
LISTNUM
1 \l 15703 For
example, one of the things that we will do is, as part of the music and film in
motion there is a Northern Ontario Music Development Program that was launched
in 2005 and whose purpose and scope is to further assist Northern Ontario music
artists and businesses. The program
provides assistance in all career stages for artists such as emerging, mid‑career
and established and in the form of support.
LISTNUM
1 \l 15704 MS
DIONNE: Yes.
LISTNUM
1 \l 15705 MS
LAURIGNANO: So we would be dedicating
part of that money through our third party to be really digging deeper in that
specific area in terms of us going out to find them. Whereas the catalogue is a resource that we
promote and available for them to find us, we also, where we can, go find them,
you know, those basements and cottages that Bill talked about, being aware that
if we can facilitate the traffic over the bridge then, you know, both parties
will benefit.
LISTNUM
1 \l 15706 MS
DIONNE: As you know, approval of the
catalogue initiative as part of the Ottawa application was based in part on the
evaluation of whether or not the overall benefit to the Canadian broadcasting
system was commensurate with $920,000 earmarked to support this initiative.
LISTNUM
1 \l 15707 With
the additional $91,000 proposed funding, the total commitment to this catalogue
will total $1,011,000.
LISTNUM
1 \l 15708 Would
you explain to us why you feel spending over $1 million to create the catalogue
will provide a commensurate benefit to the Canadian broadcasting system?
LISTNUM
1 \l 15709 MS
LAURIGNANO: Yes. It is a benefit because it is going to be
something that is going to be in the public domain and it is going to be there
forever and it is a resource that is, again, for the benefit of absolutely the
broadcasting system, but it is also the broadcasting system providing something
to the outside world. That is, as I
mentioned, to the film industry, who may be looking for composers and artists;
to orchestras and artists who may be wanting to put a band together who are
looking for musicians; to programmers who we wish and we hope may want to add
instrumental music to their formats or to their music selections but don't know
where to go; to schools. Just the list
goes on and on and on and on.
LISTNUM
1 \l 15710 So
the benefit is for the system in the long run.
LISTNUM
1 \l 15711 Of
course it is for the benefit of the artists, new and emerging artists, both in
terms of helping them establish a career or start a career and in terms of
getting that airplay that is so vital and important once it has been recorded
that will hopefully put them into the next stage, which is to get them
performance schedules and appearances and then sell records and get them airplay.
LISTNUM
1 \l 15712 MS
DIONNE: I have two last questions.
LISTNUM
1 \l 15713 Under
the new CCD initiative Eligibility Guidelines that came out in the December
Commercial Radio Review, it is possible that this catalogue initiative may no
longer qualify as an eligible CCD initiative, this is because it would not
obviously result in the production of audio content.
LISTNUM
1 \l 15714 If
deemed ineligible, would you be prepared to redirect the proposed annual
funding to another eligible CCD initiative or reduce your overall amount over
and above CCD contribution by the ineligible amount?
LISTNUM
1 \l 15715 MS
LAURIGNANO: Right. We would definitely not reduce our
commitment. We would redirect that
amount.
LISTNUM
1 \l 15716 Also,
you can expect us to keep fighting for it because we think is a very important
initiative and it is also something that is an ongoing initiative with the
CAEB, which is the Canadian Association for Ethnic Broadcasters, that we
intend to put our comments forth for consideration. In some terms it may be evaluated or valued
in the same sort of terms.
LISTNUM
1 \l 15717 In
any case, the commitment will not be any less and we would be unhappy to
redirect it, but definitely we will ‑‑
LISTNUM
1 \l 15718 MS
DIONNE: This leads to my
next question.
LISTNUM
1 \l 15719 How
would the catalogue initiative, as it now stands, be impacted if, due to the
reasons of possible CCD ineligibility or non‑approval of your Sudbury
application, the $91,000 earmarked to support this initiative is no longer
available?
LISTNUM
1 \l 15720 MS
LAURIGNANO: In the overall
scheme of things it would not be impacted, because what we
anticipated would be delivered with our initial investment was to create
this national resource and to create it with the amount of money and over the
seven years. So that will not be
impacted at all in any way whatsoever.
LISTNUM
1 \l 15721 As
I mentioned, it would be additional funds, not just here, but that we would be
looking for in other opportunities in the future and not just from broadcasters
but even third parties and other sponsors or associates or strategic partners,
because we all know the more you have the better you can do, that's all.
LISTNUM
1 \l 15722 But
the overall impact and promise of that particular project would not be
affected. This would be additional
things and would be specific to the Northern Ontario region.
LISTNUM
1 \l 15723 But
I must say also that with the granting of this licence there would be a benefit
extended to the catalogue as is right now regardless of whether the commitment is
acceptable or not, because it would be another station for us to promote on, to
put a hyperlink on, to promote some of our other initiatives that go along with
catalogue.
LISTNUM
1 \l 15724 MS
DIONNE: These are my questions.
LISTNUM
1 \l 15725 Thank
you, Madam Chair.
LISTNUM
1 \l 15726 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 15727 Mr. Grossman,
you now have your two minutes to summarize your application.
LISTNUM
1 \l 15728 MR.
GROSSMAN: All right. We are going to have a combo team here.
LISTNUM
1 \l 15729 MR.
BILL EVANOV: Madam Chair, Commissioners,
we want to emphasize a few of the most significant points in our application
for the Diamond in Sudbury.
LISTNUM
1 \l 15730 We
promise a new format to serve the 45‑plus demo with music not heard in
the market, and we offer an entirely new independent voice. Of all the applicants before you, we offer
what we believe is the least amount of duplication with existing stations in
terms of music.
LISTNUM
1 \l 15731 We
will bring hundreds of Canadian artists to Sudbury radio and we have promised
40 percent Canadian content throughout our schedule.
LISTNUM
1 \l 15732 We
will also bring to Sudbury instrumental music as a major part of our
playlist. There is a real interest
expressed by the people of Sudbury for the format we have proposed. A new easy listening with our particular mix
of Instrumental, Pop Classics, Soft AC, melodic music with a touch of
Category 3.
LISTNUM
1 \l 15733 Our
two companies each bring specific strengths.
We never hesitate to look for the opportunity to serve those who are
left out by the Canadian radio industry.
My company has a proven track record in establishing the new Easy
Listening format and in surviving in the toughest and most competitive markets
in Canada, big and small.
LISTNUM
1 \l 15734 MR.
GROSSMAN: My company, Haliburton, has
particular experience in servicing communities throughout Northern Ontario in
operating vital news and information services throughout the region and
attracting advertisers. The community
spread through out this vast part of the province turned to our service for a
vital link to the whole region.
LISTNUM
1 \l 15735 I
want to remain independent and I am totally ‑‑ and I want
to reassure you ‑‑ committed to Northern Ontario. This form of merger of our two companies, the
Diamond, is a positive form of consolidation, independent companies who remain
independent of each other but share the strengths that can be best applied
to the benefits of an under served community.
LISTNUM
1 \l 15736 If
you grant the Diamond, we will tell you with confidence that the Haliburton
group of French language stations in Sudbury, Kapuskasing, Hearst, Timmins and
the independent operator in Chapleau, these stations rely on a strong base in
Sudbury. Licensing any other application
and not the Diamond will severely harm the French cluster.
LISTNUM
1 \l 15737 Our
proposal is distinct from the other applicants in that we aim to serve the
oldest demo. We ask you to help us serve
this growing older demo in the Sudbury community and the instrumental
artists who would like to be given the opportunity to perform for the people of
Sudbury.
LISTNUM
1 \l 15738 Please
license the Diamond.
LISTNUM
1 \l 15739 THE
CHAIRPERSON: Mr. Grossman,
Mr. Evanov, and to your colleagues, thank you very much.
LISTNUM
1 \l 15740 Madam
Secretary...?
LISTNUM
1 \l 15741 THE
SECRETARY: We have now reached Phase II
in which applicants appear in the same order to intervene on competing
applications, if they wish.
LISTNUM
1 \l 15742 Joco
communication, Newcap, Connelly Communications Corporation, Larche
Communications and the Haliburton Broadcasting Group have indicated that they
will not appear in Phase II.
LISTNUM
1 \l 15743 Therefore,
I would ask William Wrightsell to intervene on the competing applications.
‑‑‑ Pause
LISTNUM
1 \l 15744 THE
SECRETARY: William Wrightsell just
mentioned to us that they will not be appearing in Phase II.
LISTNUM
1 \l 15745 THE
SECRETARY: We will now proceed to
Phase III, in which other parties appear in the same order set out in the
Agenda to present their intervention.
LISTNUM
1 \l 15746 Please
note for the record that the intervenors Wabano Aboriginal Health Access
Centre, Kassandra Cutting, and CIRPA listed in the Agenda have informed us that
they will not be appearing at the hearing.
LISTNUM
1 \l 15747 I
would now ask Music and Film in Motion to appear and present its intervention.
‑‑‑ Pause
LISTNUM
1 \l 15748 THE
CHAIRPERSON: I'm sorry, could you
just please wait a second before you start.
LISTNUM
1 \l 15749 Thank
you.
‑‑‑ Pause
LISTNUM
1 \l 15750 THE
SECRETARY: Please introduce yourself for
the record and you have 10 minutes to make your presentation.
INTERVENTION
LISTNUM
1 \l 15751 MR.
LANDRY: Thank you very much.
LISTNUM
1 \l 15752 Madam
Chair, Members of the Commission, good day and thank you for granting our
organization the opportunity to present our views in the call for applications
to operate an English‑language FM commercial radio undertaking in
Sudbury.
LISTNUM
1 \l 15753 My
name is Dennis Landry and I am the Executive Director of Music and Film in
Motion, Musique et film en mouvement, a nonprofit bilingual organization with a
mandate to foster the development and promotion of the music and film
industries in Northern Ontario.
LISTNUM
1 \l 15754 Music
and Film in Motion is also the official Northern Ontario affiliate for
FACTOR. We are a member of the FACTOR
National Advisory Board and a member of a coalition of nine provincial and
territorial music industry associations representing the regional interests of
the music industry in Canada outside of Québec.
LISTNUM
1 \l 15755 We
are very excited to be here to talk to go to our organization and how we
believe that Newcap's application for a new commercial radio undertaking in
Sudbury could positively impact on the music industry in Sudbury and Northern
Ontario.
LISTNUM
1 \l 15756 We
would like to deal with two aspects of the application today. Those would be championing local music and a
proposed financial investment in our organization.
LISTNUM
1 \l 15757 First,
I would like to touch on access to the airwaves for local talent and
championing local music.
LISTNUM
1 \l 15758 The
single hardest task that any independent music artist will undertake in
building their long‑term career is building an audience that can sustain
it over the long term. While technology
is changing for the better and more support systems exist, to assist in this
process commercial radio remains the undiscovered country for most independent
music artists, one which can have a dramatically positive affect on their
careers.
LISTNUM
1 \l 15759 Newcap
has made commitments in its application that will help to address the lack of
access as it currently exists in our market for local musical talent. These commitments include: championing local music innovation by
broadcasting new songs and acts and acting as a platform for Sudbury's
independent music sector and giving new unsigned bands airtime for interviews
and demos.
LISTNUM
1 \l 15760 These
commitments are refreshingly new among commercial radio undertakings in our
community. Providing this access will be
of benefit both to the music industry by providing it with in a significant
outlet to develop and communicate with a potential audience, and to listeners
by offering fresh and new content unavailable elsewhere.
LISTNUM
1 \l 15761 Second,
I would like to touch on the proposed financial investment in MFM's
programs and services.
LISTNUM
1 \l 15762 Our
organization offers the music industry in our region a wide variety of programs
and services that provide support, information, communication, training and
education, and we also offer business and market development services.
LISTNUM
1 \l 15763 All
of these programs stem from our mandate, which is geared specifically towards
supporting, promoting, educating and training the development of musical talent
in Northern Ontario.
LISTNUM
1 \l 15764 We
have created a three‑pillar structure around which our programs and
services have been developed. These
include industry and development, which includes our industry database of
resources, musicians, funding agencies, et cetera, that are there to support
musical talent in Northern Ontario, get their products created and out to
market; professional development and skills development activities; industry
support; outreach advocacy and member services.
LISTNUM
1 \l 15765 We
also offer a program in marketing Northern Ontario. This includes direct marketing and outreach
activities at the provincial and national levels, as well as our annual printed
resource guide and directory which again takes the information from our
industry database and puts it in a more compact form that is then easily
distributable among our local artists, as well as promotion of Northern Ontario
talent.
LISTNUM
1 \l 15766 Finally,
our last program is the Northern Ontario Music and Film Awards, which includes
an awards ceremony and a proposed grassroots industry conference and talent
showcase. The idea behind this program
is clearly to shed the spotlight on artists in our community that many people
simply don't know exist.
LISTNUM
1 \l 15767 At
a fundamental level this investment would allow MFM to expand a number of these
existing programs and services to respond to the growing needs of our
membership and our industry. Over the
years in strategic and long‑term planning our services and programs have
grown to meet the needs of our industry but, like many nonprofit organizations,
we have never been in a financial position to implement every service or
program to its fullest scope. In truth,
we must make do with what we have.
LISTNUM
1 \l 15768 As
such, many of our programs and services were created with the capacity to be
implemented in stages as funds became available, offering immediate support to
our industry in those areas that were most demanding. We have been fortunate in the support that we
have received to date and what we have been able to accomplish in six short
years with those resources.
LISTNUM
1 \l 15769 The
proposed investment could not happen at a better time for our
organization. The initiatives that have
been outlined in Newcap's proposal represent core programs and services, each
with the capacity to expand and provide a wider base of support and development
opportunities to our industry. All that
is required to kick‑start this expansion is a financial investment.
LISTNUM
1 \l 15770 Newcap's
proposed contribution, coupled with our current organizational capacity, means
that MFM would not require an administrative charge against any dollars coming
from the investment. We have a highly
competent administrative infrastructure that is at the heart of our ability to
do more with less, something that we have become increasingly skilled at.
LISTNUM
1 \l 15771 This
means that the entire contribution will be directed back into the support,
promotion, education and development of musical talent in Northern Ontario, and
Sudbury specifically.
LISTNUM
1 \l 15772 As
a nonprofit organization we spend an increasing amount of time working to find
the financing required to enable our programs and services. This is nothing new. This is a battle waged by most nonprofit
organizations. Every year we must begin
anew the search for support from the public and private sectors allocating
staff time to this function.
LISTNUM
1 \l 15773 Imagine,
if you would, what an investment of this nature per year would mean to a small
nonprofit organization. We have talked
about expanding our programs and services, but we must also recognize what
this means in terms of staff resources and expertise. Greater financial capacity equals more hands‑on
staff time with clients, conducting outreach and providing the essential
services and programs that assist us in fulfilling our mandate and, in turn,
assist the industry in our region to reach its fullest potential.
LISTNUM
1 \l 15774 Newcap's
proposed investment represents a domino effect in expanded programs and services,
as well as refocused staff resources.
LISTNUM
1 \l 15775 Finally,
I would like to touch upon the length of the commitment. We have been very fortunate in our
relationship with all levels of government to date and have been able to access
multi‑year funding which, as you can appreciate, means greater stability
for our organization to carry out its activities.
LISTNUM
1 \l 15776 Our
current agreements are over three years.
This provides us with the opportunity to launch a program in year one,
improve upon it in year two, and then gives us year three to find the financing
required to maintain it beyond that timeframe.
LISTNUM
1 \l 15777 Double
that and add a year, which equals seven years, the stability in services and
programming that this investment would afford our organization and the music
industry in Sudbury and Northern Ontario, cannot be underestimated. Public and private support can fluctuate,
governments change and priorities shift.
In a way, we are held hostage to these potential changes.
LISTNUM
1 \l 15778 I'm
sure I'm not the only Executive Director of an arts organization in Ontario who
anxiously awaited both the federal and Ontario provincial budgets announced
last week. Support over seven years
means better long‑term planning, stable accessible programs and services
and increased opportunities for the music industry in the region.
LISTNUM
1 \l 15779 MFM
is ready, willing and able to work with any and all radio undertakings in our
region. Our goal is to create positive
impacts and opportunities for the music industry in Northern Ontario. We are very excited and encouraged by the
positive discourse that this process has created in our community. We would like to congratulate all of the
applicants for the incredible effort and thought that each has put into their
proposals.
LISTNUM
1 \l 15780 In
conclusion, MFM believes that Newcap has created the best overall plan with
respect to benefits to the music industry in Sudbury and Northern Ontario,
having put forward a thoughtful and concise application in all respects and we
are confident that granting them a new radio licence in Sudbury will have a
positive effect on our industry and our community.
LISTNUM
1 \l 15781 Madam
Chair, Members of the Commission, thank you for your time today.
LISTNUM
1 \l 15782 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 15783 Commissioner
del Val...?
LISTNUM
1 \l 15784 COMMISSIONER
del VAL: Thank you for your
intervention.
LISTNUM
1 \l 15785 I
just want to follow up on Vice Chair Arpin's questioning to the Newcap
panel yesterday.
LISTNUM
1 \l 15786 This
is along the lines: the funding directed
to your organization, which I understand is a music and film in motion
organization ‑‑
LISTNUM
1 \l 15787 MR.
LANDRY: Yes.
LISTNUM
1 \l 15788 COMMISSIONER
del VAL: ‑‑ and you have clarified in your intervention today
that this means the entire contribution will be directed to support development
of musical talent.
LISTNUM
1 \l 15789 MR.
LANDRY: That's right.
LISTNUM
1 \l 15790 COMMISSIONER
del VAL: So you have within your
infrastructure itself the ability to track the funds that go to music
separately from funds going elsewhere?
LISTNUM
1 \l 15791 MR.
LANDRY: Yes, we do.
LISTNUM
1 \l 15792 In
fact, most of our private sector support is directed to one or the other, so we
have had to put in place very early on the capacities within our accounting
systems to be able to track that. For
example, FACTOR support through collective initiatives, the SOCAN Foundation
and, on the film and television side, the CTV Script Development Fund.
LISTNUM
1 \l 15793 COMMISSIONER
del VAL: Thank you. That's my only question. Thank you for your intervention.
LISTNUM
1 \l 15794 MR.
LANDRY: Thank you.
LISTNUM
1 \l 15795 COMMISSIONER
del VAL: Thank you, Madam Chair.
LISTNUM
1 \l 15796 THE
CHAIRPERSON: Commissioner Cram...?
LISTNUM
1 \l 15797 COMMISSIONER
CRAM: Thank you, Mr. Landry.
LISTNUM
1 \l 15798 You
said at page 2 of your paper today, in the second paragraph, that:
"Newcap has made commitments
... that will help to address the lack of access ..."
LISTNUM
1 \l 15799 And
at the bottom of that paragraph you are saying that they were committing to:
"... giving new unsigned
bands airtime for interviews and demos."
LISTNUM
1 \l 15800 They
have a station in Sudbury right now. Do
they do that?
LISTNUM
1 \l 15801 MR.
LANDRY: As far as I know local musical
content isn't available on their existing station, however in discussions hat
we have had they have always been very open to that, but that it must fit
within the existing format.
LISTNUM
1 \l 15802 COMMISSIONER
CRAM: Their format, yes.
LISTNUM
1 \l 15803 All
right. Thank you.
LISTNUM
1 \l 15804 THE
CHAIRPERSON: Mr. Landry, thank you
very much for your participation. We
don't have any other questions for you.
LISTNUM
1 \l 15805 Thank
you.
LISTNUM
1 \l 15806 MR.
LANDRY: Thank you.
LISTNUM
1 \l 15807 THE
CHAIRPERSON: Madam Secretary.
LISTNUM
1 \l 15808 THE
SECRETARY: The last appearing
intervention will be presented by STAK Productions.
LISTNUM
1 \l 15809 I
don't think they are in the room.
LISTNUM
1 \l 15810 This
completes the list of appearing intervenors, therefore Phase III.
LISTNUM
1 \l 15811 THE
SECRETARY: We will now proceed to Phase
IV in which applicants can reply to all interventions submitted on their
application. Applicants appear in
reverse order.
LISTNUM
1 \l 15812 We
will ask the Haliburton Broadcasting Group.
‑‑‑ Pause
LISTNUM
1 \l 15813 THE
SECRETARY: They just mentioned that they
will not appear in Phase IV.
LISTNUM
1 \l 15814 Then
I would ask Larche Communications.
LISTNUM
1 \l 15815 They
will not appear in Phase IV.
LISTNUM
1 \l 15816 Then
Connelly Communications, please come to the table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM
1 \l 15817 MR.
CONNELLY: It is one page.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 15818 MR.
CONNELLY: I just want to thank you
for the opportunity to respond to interventions regarding our application. We consider all the letters of support that
we have received as evidence to our excellence in not only programming but
community support.
LISTNUM
1 \l 15819 Although
CIRPA was not here today, they made several good points in their comments to all
the applicants and we feel as though our application meets many of the requests
and concerns that CIRPA has raised in their intervention.
LISTNUM
1 \l 15820 With
respect to the low‑power Christian music station presently broadcasting,
it is broadcasting again at 101.1 in the Sudbury area, which is the frequency
that we proposed, and we are committed to helping them if we are granted the
licence at the same frequency. We are
going to pay for a new technical brief for them to relocate.
LISTNUM
1 \l 15821 I
would also like to thank the individuals and organizations who wrote letters of
support that were included in our original application to the Commission and,
more specifically, some of the people who wrote letters during the intervention
period, including the three levels of government we deal with in our present
markets highlighted by Charlie Angus, our Federal MP. Charlie was a musician in his first career
before joining Parliament and was a member of the Grievous Angels who, I can
tell you, we played on both of our radio stations.
LISTNUM
1 \l 15822 We
could not have asked for a better endorsement, though, than the one sent in by
Canadian Music Hall of Famer Tom Cochrane, who wrote:
"I can assure you that the
entire city will quickly embrace the station as though it were their
own." (As read)
LISTNUM
1 \l 15823 Those
words sum up our intentions for the Sudbury market if we are successful in our
application.
LISTNUM
1 \l 15824 So
I would just once again like to thank the Commission and the CRTC staff for the
opportunity to appear here this week.
LISTNUM
1 \l 15825 Thank
you.
LISTNUM
1 \l 15826 THE
CHAIRPERSON: Thank you very much, Mr.
Connelly.
LISTNUM
1 \l 15827 Madam
Secretary...?
LISTNUM
1 \l 15828 THE
SECRETARY: Newcap just advised me that
they will not be appearing in Phase IV.
LISTNUM
1 \l 15829 I
would now ask William Wrightsell to come to the presentation table.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM
1 \l 15830 MR.
WRIGHTSELL: I have one page
as well. I will try to be brief.
LISTNUM
1 \l 15831 I
just wanted to touch on the sports comment that was made yesterday. We reviewed paragraph 183 of the new
2006 Commercial Radio Policy and note that the reference to local programming
contains inclusions for spoken word, sports being included in that programming.
LISTNUM
1 \l 15832 Although
local news coverage is a cornerstone to our application, we will, on occasion,
offer sports information during our spoken word programming, but sports minutes
will be additional so that will leave our news content number, which is
493 minutes, intact, just so you know.
‑‑‑ Pause
LISTNUM
1 \l 15833 MR.
WRIGHTSELL: I would like to thank all
the positive intervenors as well on our behalf, the Sudbury business
community. We had 200 signatures
from the public and numerous letters of support from council and we thank
all of you for the hearing.
LISTNUM
1 \l 15834 Thank
you Madam Chair, Co‑Chair, Commissioners and staff, for your diligence in
the questioning and it is a privilege to have appeared before you.
LISTNUM
1 \l 15835 Thank
you.
LISTNUM
1 \l 15836 THE
CHAIRPERSON: Thank you,
Mr. Wrightsell.
LISTNUM
1 \l 15837 Madam
Secretary...?
LISTNUM
1 \l 15838 THE
SECRETARY: I would ask
Joco Communications to come to the presentation table, please.
‑‑‑ Pause
REPLY / RÉPLIQUE
LISTNUM
1 \l 15839 MR.
CORMIER: I have no script or anything,
but I want to take this opportunity to thank all my supporters. We had some really good support letters and
you guys had a chance to read them.
LISTNUM
1 \l 15840 I
also want to thank my wife that joined me.
It was a good experience. It was
great. We have had a good time here, so
thanks a lot and I'm sure the CRTC will make the right choice here.
LISTNUM
1 \l 15841 Madam
Chair, Vice Chair and the rest, thanks a lot.
LISTNUM
1 \l 15842 THE
CHAIRPERSON: Thank you,
Mr. Cormier.
LISTNUM
1 \l 15843 Madam
Secretary...?
LISTNUM
1 \l 15844 THE
SECRETARY: This completes the
consideration of Items 13 to 18 on the Agenda.
LISTNUM
1 \l 15845 THE
CHAIRPERSON: Thank you very much.
LISTNUM
1 \l 15846 We
will now break for lunch and resume at 1:30.
LISTNUM
1 \l 15847 Thank
you.
‑‑‑ Upon
recessing at 1205 / Suspension à 1205
‑‑‑ Upon
resuming at 1330 / Reprise à 1330
LISTNUM
1 \l 15848 THE
CHAIRPERSON: Order, please.
LISTNUM
1 \l 15849 Madam
Secretary...?
LISTNUM
1 \l 15850 THE
SECRETARY: For the record, I would like
to mention that Larche Communications and Haliburton Broadcasting Group has
filed their breakdown of spoken word and it will be available in the
examination room.
LISTNUM
1 \l 15851 We
will now proceed with Item 19 on the Agenda, which is an application by The
Canadian Documentary Channel Limited Partnership Application on behalf of the
partners of The Canadian Documentary Channel limited Partnership ‑‑
collectively the applicant ‑‑ for authority to effect a change
to the effective control of the national English‑language Category 1
specialty programming undertaking known as The Canadian Documentary Channel,
and for a new licence to continue its operation.
LISTNUM
1 \l 15852 Appearing
for the applicant is Mr. Gary Maavara, who will introduce his
colleagues. You will then have
20 minutes to make your presentation.
LISTNUM
1 \l 15853 Thank
you.
PRESENTATION / PRÉSENTATION
LISTNUM
1 \l 15854 MR.
MAAVARA: Thank you.
LISTNUM
1 \l 15855 Good
afternoon, Madam Chair, Commissioners, CRTC staff, legal counsel. My name is Gary Maavara, I am Vice President
and General Counsel of Corus Entertainment Inc., the managing majority partner
of the Canadian Documentary Channel Limited Partnership.
LISTNUM
1 \l 15856 Before
we begin our presentation, I will briefly introduce the Members of the Panel.
LISTNUM
1 \l 15857 On
my left if Richard Stursberg, Executive Vice President of CBC English
Television.
LISTNUM
1 \l 15858 Beside
Richard is Kirstine Layfield, Executive Director, Network Programming at the
CBC.
LISTNUM
1 \l 15859 To
her left is Mark Starowicz, Executive Director of Documentary Programming for
CBC Television.
LISTNUM
1 \l 15860 Next
to him is Rob Scarth, CBC's Director of Regulatory Affairs.
LISTNUM
1 \l 15861 On
my right is Michael Harris, Vice President and General Manager of The Documentary
Channel.
LISTNUM
1 \l 15862 The
application before you to transfer Corus's ownership interest in The
Documentary Channel to CBC is a straightforward one in our view. It is a plan that will breathe new life into
this channel and provide it with the opportunity to succeed.
LISTNUM
1 \l 15863 The
members of the partnership are proud of the accomplishments of The Documentary
Channel. There are not many
Category 1 specialty channels that have broadcast so many new and
compelling Canadian and international programs that have won so many awards and
have garnered so much audience acclaim.
LISTNUM
1 \l 15864 That
said, the channel has lost money since its launch and the present debt,
which Corus has been funding, exceeds $16 million. The Documentary Channel is simply not viable
with this outstanding debt. We believe
that it does have the ability to generate modest earnings, but not enough to
ever pay back this debt.
LISTNUM
1 \l 15865 The
channel also does not fit within the Corus programming strategy, which mainly
targets children and women.
LISTNUM
1 \l 15866 Programming
is produced and acquired for use on many channels and new platforms. Corus has often talked about the need for
large entities to compete for, acquire and produce copyright works. This reality is being played out around the
world and, of course, in Canada.
LISTNUM
1 \l 15867 Great
programming requires scale, regardless of the format. The Documentary Channel therefore requires a
financial and operating model that removes the debt, establishes this scale
and provides an ownership fit where programming can be used on other platforms.
LISTNUM
1 \l 15868 The
CBC was the only logical acquirer that met those needs. The CBC is the only other general partner in
the partnership. It is the only other
broadcaster in the partnership. It is
the only partner with the scale to take on this role. The CBC has the broadcasting presence, the
programming skill and the scale to make this plan a success.
LISTNUM
1 \l 15869 For
its part, Corus will absorb the debt, which will allow the channel to move
forward.
LISTNUM
1 \l 15870 Richard.
LISTNUM
1 \l 15871 MR.
STURSBERG: Thank you, Gary.
LISTNUM
1 \l 15872 The
CBC is prepared to acquire Corus' interest in the channel and adopt an
operating strategy that will keep it going.
We applaud Corus for proposing a solution whereby they absorb the debt
accumulated by the channel in order to provide the rest of the partnership with
an opportunity to succeed.
LISTNUM
1 \l 15873 We
are confident that we can make this work.
Documentary programming is a genre CBC strongly supports across all of
its platforms, both in television and in radio.
The Documentary Channel is a good fit within CBC's family of services
and the cross‑platform support CBC can bring to bear can help the channel
and bring it to a financial breakeven point and ultimately to profitability.
LISTNUM
1 \l 15874 The
channel plays a unique role in the system, providing a dedicated platform for
documentary programming and an important window for Canadian documentary film‑makers.
LISTNUM
1 \l 15875 The
submissions from the producer associations in this proceeding are testament to
how much importance producers attach to the channel. We share that view. We believe the channel is important, too, and
CBC is prepared to shoulder the responsibility to keep the service going.
LISTNUM
1 \l 15876 CBC's
commitment to the genre, its position as the other general partner, and
its long tradition of excellence in documentary programming, makes The
Documentary Channel a natural fit for the CBC.
CBC commissions and produces a significant amount of documentary
programming on CBC television and on Newsworld.
LISTNUM
1 \l 15877 There
are dedicated windows on both services for documentary programming, "Doc
Zone" on CBC television and "The Lens" on CBC Newsworld to
name but two.
LISTNUM
1 \l 15878 The
documentaries that CBC supports, both its own and those commissioned from
independent producers, garner a significant number of national and
international awards.
LISTNUM
1 \l 15879 Approval
of this transaction is clearly in the public interest. The Documentary Channel will remain open for
business, continuing to enlighten, inform and entertain its small but loyal
audience, and here will continue to be a dedicated outlet for the creative work
of Canada's documentary producers and film‑makers.
LISTNUM
1 \l 15880 The
Documentary Channel will also add to the strength of the CBC and contribute to
its relevance to Canadians and its ability to thrive in a highly fragmented
television environment. With this fresh
start, we are convinced that The Documentary Channel can survive and prosper.
LISTNUM
1 \l 15881 In
this proceeding some parties have raised concerns with this application,
notably the National Film Board of Canada, the Documentary Organization of
Canada, the CFTPA, the APFTQ and they Observatoire du documentaire.
LISTNUM
1 \l 15882 We
are pleased to report that the National Film Board has informed us and the CRTC
that it has withdrawn its interventions in this proceeding and it has signed
the Special Resolution of the Partners Approving this transaction. We look forward to a constructive and
productive working relationship with the National Film Board in this
partnership.
LISTNUM
1 \l 15883 Producers
acknowledge the important role that CBC plays in support of documentary programming,
but they are concerned that too many of those eggs may be concentrated in one
basket.
LISTNUM
1 \l 15884 We
think the public record is pretty clear with respect to CBC's intentions. Approval of this application will keep the
channel open for business. The channel
will operate according to its existing conditions of licence. CBC remains committed to the documentary
genre across all of its services and will maintain its level of support for
independent documentary programming.
LISTNUM
1 \l 15885 CBC
will respect and support the distinct nature of this service.
LISTNUM
1 \l 15886 Finally,
CBC will license programming for The Documentary Channel from independent
producers with separate licence fees.
LISTNUM
1 \l 15887 In
closing, there has been a significant amount of interest in this
application. The Documentary Channel is
a unique service and it has become an important outlet for Canadian
documentary producers. In some
respects, they regard it as their channel.
LISTNUM
1 \l 15888 We
are proud of that, because it means The Documentary Channel has done a good
job. With this application, we are
simply looking for the opportunity to continue to do that job and make The
Documentary Channel even better.
LISTNUM
1 \l 15889 Thank
you for your attention. Those are our
opening comments and we would be pleased to respond to any questions you have.
LISTNUM
1 \l 15890 THE
CHAIRPERSON: Thank you,
Mr. Stursberg, Mr. Maavara.
LISTNUM
1 \l 15891 Vice
Chairman Arpin...?
LISTNUM
1 \l 15892 COMMISSIONER
ARPIN: Thank you, Madam Chair.
LISTNUM
1 \l 15893 Obviously
I think your oral presentation probably answers all my questions but that being
said, I apologize if there is some redundance.
Obviously they were prepared before I had access to your oral
presentation.
LISTNUM
1 \l 15894 But
allow me to say that this application would not have had to reach the status
of an appearing item if there had been no intervenor, so in order to set
the stage for your presentation I will start with some questions that are based
initially on the CRTC Decision 2455, since some of the intervenors are raising
issues that are driven from the existing licence.
LISTNUM
1 \l 15895 So
I will go through some of the statements that are in the decision to make sure
that the CBC has a good understanding of what the decision was saying and is
pursuing in the same direction for which the service has been licensed
initially.
LISTNUM
1 \l 15896 Obviously
you just said that you did agree with the nature of the service, so there
surely is no need to go over the nature of the service, but there were some
statements made regarding various issues like contributions to diversity,
Canadian content, Canadian programming and expenditures, and I want to review
some of them to record your agreement or any comments that you want to make.
LISTNUM
1 \l 15897 Regarding
Canadian content, the licence was saying that for the first six years the
Canadian content requirement will be 66 percent, and for the seventh year
it will be 75 percent.
LISTNUM
1 \l 15898 I
understand that you just currently are in your sixth year of operations so that
you are still on the commitment of 66 percent Canadian content, but are
you still planning to do 75 percent Canadian content next year?
LISTNUM
1 \l 15899 MR.
STURSBERG: Yes, we are.
LISTNUM
1 \l 15900 COMMISSIONER
ARPIN: Further, that there was a
commitment to broadcast a minimum of 511 hours original Canadian
programming over the licence term. The
original programming will be a mix of new programs from CBC and NFB and
commissioned programming from independent producers.
LISTNUM
1 \l 15901 Are
you still on line to meet that requirement?
LISTNUM
1 \l 15902 MR.
HARRIS: Yes, we are.
LISTNUM
1 \l 15903 COMMISSIONER
ARPIN: Yes, you are.
LISTNUM
1 \l 15904 Will
you do better than 511 hours or is that still the target?
LISTNUM
1 \l 15905 MR.
STURSBERG: I think in general terms our
intention is to meet all the conditions of licence. If we can do better we will be pleased, but
at the very least that we will meet all the conditions of licence.
LISTNUM
1 \l 15906 COMMISSIONER
ARPIN: Some were not necessarily
conditions of licence, some were only commitments, particularly regarding the
independent production where there was a commitment to spend at least
50 percent of the annual acquisition budget on programs from independent
producers. That was to represent almost
200 hours per year of such material.
LISTNUM
1 \l 15907 Are
you still committed to that level of acquisition from independent producers?
LISTNUM
1 \l 15908 MR.
STURSBERG: Yes, we are.
LISTNUM
1 \l 15909 COMMISSIONER
ARPIN: Regarding interactivity, it is
becoming more and more of interest.
LISTNUM
1 \l 15910 Does
The Documentary Channel have a dedicated website currently?
LISTNUM
1 \l 15911 MR.
MAAVARA: Yes, it does.
LISTNUM
1 \l 15912 COMMISSIONER
ARPIN: It does?
LISTNUM
1 \l 15913 MR.
MAAVARA: It's quite a
compelling site.
LISTNUM
1 \l 15914 COMMISSIONER
ARPIN: And the CBC is acquiring the
website at the same time?
LISTNUM
1 \l 15915 MR.
MAAVARA: Yes.
LISTNUM
1 \l 15916 COMMISSIONER
ARPIN: So it will become an integral
part of the CBC internet proposal?
LISTNUM
1 \l 15917 MR.
MAAVARA: Yes, it will.
LISTNUM
1 \l 15918 COMMISSIONER
ARPIN: Are you using other platforms
now, other than television, to carry some of the programming that The
Documentary Channel is acquiring or producing?
LISTNUM
1 \l 15919 MR.
MAAVARA: Yes. Actually, we are quite thrilled with some of
the activity we are doing in these new areas such as video‑on‑demand. We have had terrific success with The
Documentary Channel branded VOD service.
LISTNUM
1 \l 15920 COMMISSIONER
ARPIN: Now, there was also a commitment
to donate, starting with the fourth year, a minimum of $100,000 in scholarships
on a yearly basis and to increase that amount to $200,000 annually in the sixth
year of operation.
LISTNUM
1 \l 15921 Have
you started to donate those bursaries?
LISTNUM
1 \l 15922 MR.
MAAVARA: We haven't started the program
yet. We still hope to get to that, and
of course I think Mr. Stursberg would say that they would remain keen on doing
that.
LISTNUM
1 \l 15923 Of
course part of the benefits would be incremental to that and they relate to a
similar kind of venture.
LISTNUM
1 \l 15924 Of
course the difficulty that we had was the service on an annual basis just
didn't hit targets with respect to revenue and we kept getting deeper and
deeper into the hole on the debt side.
So we weren't able to move forward on that one.
LISTNUM
1 \l 15925 But
with respect to all the conditions, we are fully in compliance and, for
example, in the area of spending we actually have exceeded the conditions of
licence.
LISTNUM
1 \l 15926 COMMISSIONER
ARPIN: Mr. Stursberg, obviously it
is a liability that you are acquiring because the community surely is expecting
that those bursaries will eventually be given out. I notice that it is also part of your
commitment regarding tangible benefits to allocate money for bursaries as well.
LISTNUM
1 \l 15927 Are
they the same bursaries that we are talking about or are they different
bursaries?
LISTNUM
1 \l 15928 MR.
STURSBERG: No, they are different.
LISTNUM
1 \l 15929 I
just would make a point. I think that's
right that, in terms of the scholarship programs ‑‑ just a
couple of little points.
LISTNUM
1 \l 15930 First,
the commitment that was originally made by The Documentary Channel in 2000, as
I understand it, was neither really a condition of licence nor an expectation
of licence.
LISTNUM
1 \l 15931 COMMISSIONER
ARPIN: No, no, exactly, but it is a
commitment made by the applicant.
LISTNUM
1 \l 15932 MR.
STURSBERG: Right. Subject to their actually being able to get
the channel in some kind of shape. But,
as you heard, they struggled with that and found themselves, you know, sort of
falling $16 million into the hole.
LISTNUM
1 \l 15933 We
hope that we are going to be able to take this channel to
profitability. I would not make an
undertaking to spend this money on bursaries until such time as we had gotten
the channel to profitability.
LISTNUM
1 \l 15934 Now,
we have said, however, that with respect to the benefits associated with the
channel, there is a series of ‑‑ it's $100,000 benefit, and
that one we would certainly respect.
LISTNUM
1 \l 15935 COMMISSIONER
ARPIN: So somehow what you are
telling us is that you wanted to ‑‑ that this commitment be
waived from the engagement that The Documentary Channel took at the time of
filing its application?
LISTNUM
1 \l 15936 MR.
MAAVARA: No, there is
nothing in the record that suggests that and I ‑‑
again, of course ‑‑
LISTNUM
1 \l 15937 COMMISSIONER
ARPIN: But that's what I'm hearing
today ‑‑
LISTNUM
1 \l 15938 MR.
MAAVARA: Of course ‑‑
LISTNUM
1 \l 15939 COMMISSIONER
ARPIN: ‑‑ obviously that Corus has not made the expense and
Corus will be leaving the organization at the end of ‑‑
if ever the application is approved. So
the commitment obviously has been taken by the limited partnership, but the
general partner until today has not delivered on its commitment.
LISTNUM
1 \l 15940 There
may be good reason that Mr. Maavara and Mr. Stursberg just explained,
saying that obviously the business plan as filed at the time of the application
has not been met, and at the end, as your oral presentation is saying, Corus
has already ‑‑ will be assuming a $16 million loss if the
Commission approves the acquisition by the CBC of the partnership, of the
general partnership. They were going to
increase their place in the partnership, but they also will become the general
partner without having the liability to give $100,000 a year into scholarships.
LISTNUM
1 \l 15941 MR.
STURSBERG: Well, as I say, our
preference would be, first of all, to bring the channel into a healthy financial
state and then, as you point out, the channel has not met, you know, what it
had hoped to do, which was to put up the scholarships. It has not been able to do that because of
its financial situation. So we take the
view that the first thing is to get into good financial shape.
LISTNUM
1 \l 15942 But
we recognize that, you know, the channel has interesting opportunities to be
able to do things with young film‑makers and that is precisely why what
we did was to try to direct the benefits to that question. So the benefits are in fact precisely for
that sort of work.
LISTNUM
1 \l 15943 COMMISSIONER
ARPIN: But the benefits are for the
future.
LISTNUM
1 \l 15944 MR.
STURSBERG: That's right. We agree with you, yes.
LISTNUM
1 \l 15945 COMMISSIONER
ARPIN: All right.
LISTNUM
1 \l 15946 Now
my questions are really based on the interventions that we have received. I will try to phrase them in a way that they
are expressed generally so that we are not necessarily identifying specific
intervenors. Obviously I am interested
in having the CBC's view on the issues that have been raised.
LISTNUM
1 \l 15947 The
first one that I could say I have been able to identify is that with the
acquisition of the controlling interest in The Documentary Channel CBC will be
the dominant player in documentary in Canada, holding an almost monopoly‑like
situation with fewer opportunities for independent producers. In fact, the concern takes into consideration
the role already played by the CBC in Newsworld and Country Canada which are
also broadcasting documentaries. There
is there a fear that the over‑the‑air CBC television could totally
vacate the documentary genre by scheduling documentaries only on its specialty
services.
LISTNUM
1 \l 15948 I
know that in your introductory remarks you were referring to some documentary
windows that are on over‑the‑air television on the CBC
network ‑‑
LISTNUM
1 \l 15949 MR.
STURSBERG: Yes.
LISTNUM
1 \l 15950 COMMISSIONER
ARPIN: ‑‑ but obviously similar arguments were made when you
applied for Newsworld. There were
intervenors saying that there will be no more news on CBC. This time the question is about
documentaries.
LISTNUM
1 \l 15951 MR.
STURSBERG: Well, let me give you the
same answer then.
LISTNUM
1 \l 15952 If
we had wanted to take documentaries off the main channel, we could have done
that a long time ago. We have a
documentary strand on Newsworld and we could have washed our hands of
documentaries on the main channel. To
the contrary, documentaries have remained on the main channel, they will
continue to remain on the main channel.
LISTNUM
1 \l 15953 One
of the things that we moved to do just a little while back was in fact to
strengthen our documentary position within the main channel by creating a group
under Mark Starowitz that is responsible for documentaries, all of the
documentaries on the main channel which didn't exist in the past, as part and
parcel of our ongoing commitment to documentary‑making.
LISTNUM
1 \l 15954 I
think it is true to say that, you know, CBC will be the most important
producer and distributor of documentaries in the country, but the fact is
we already are. One of the things I
would say, which I think is an important aspect of this, is that what we
will be able to do, given the level of our commitment to documentaries, is
actually to be able to promote to The Documentary Channel in a way that is
quite impossible or it is certainly very difficult for Corus to do as
effectively. Precisely because we have
documentaries on the main channel and because we have Newsworld, documentaries
on Newsworld, we can use both of those platforms to promote to The Documentary
Channel itself and strengthen that channel as a vehicle.
LISTNUM
1 \l 15955 We
have said, I think it is fair to say fairly clearly, to all the documentary
film‑makers that we understand their concerns that what they don't want
to see happen is that somehow or another The Documentary Channel would become a
place where we would simply put on in repeats things that we had on the main
channel or on Newsworld and that somehow we would diminish the status of The
Documentary Channel.
LISTNUM
1 \l 15956 But
of course the truth is, we bought The Documentary Channel not because we wanted
to get to fail, we bought The Documentary Channel because we wanted it to
succeed. We want The Documentary Channel
to be better. And we know that if The
Documentary Channel has nothing on it except the things that are on Newsworld
and the CBC right now, then there would be no compelling reason for people to
come to it.
LISTNUM
1 \l 15957 So
we have told all the documentary film‑makers, and in fact we have made
written undertakings to them, and indeed to the Commission in our filings, that
we absolutely intend to ensure that all of the money that is currently spent on
The Documentary Channel in terms of independent productions that go onto it
will continue to be spent that way.
LISTNUM
1 \l 15958 One
of the points we have made, and I think it would be helpful if the
Commission could reinforce this point, is that it would be helpful to
us if the envelope associated with The Documentary Channel inside the
Canadian Television Fund were in fact transferred as part of the transaction,
if you agree to it.
LISTNUM
1 \l 15959 We
have said beyond that we are perfectly happy for that envelope to stand outside
the CBC's main envelope if that gives comfort to the documentary film‑makers
to know that that money could not be spent anywhere except with respect to The
Documentary Channel itself.
LISTNUM
1 \l 15960 COMMISSIONER
ARPIN: The other fear that I can
see from the intervenors is that the CBC will, at the end of the day, be the
only window for documentary production while with The Documentary Channel
under the purview of Corus there was an ability to license documentaries
through various windows. Now that The
Documentary Channel will go under the aegis of the CBC, there will end up being
only one window and maybe only one decision‑maker on which documentary
genre will be produced or which producer will be selected.
LISTNUM
1 \l 15961 MR.
MAAVARA: This is a question I think
Corus can answer before CBC does.
LISTNUM
1 \l 15962 That
perspective, I would submit, is a tad superficial in the sense that it ignores
all of the other places that documentaries are being exhibited at this time on
television, starting with the pay channels, including the Corus Movie Central
and Encore channels, we do carry feature documentaries.
LISTNUM
1 \l 15963 But
then there are channels such as History and literary a lot of the grist for
their mill is documentary programming.
CanWest for example has made a big commitment to documentaries as part
of its programming identity and both funds and broadcasts documentaries on its
broadcast channel as well as its specialty channel.
LISTNUM
1 \l 15964 So
The Documentary Channel is an important venue for documentaries, as is the CBC,
but when you really think about it there are probably four or five other places
that Canadian independent production can place their programming.
LISTNUM
1 \l 15965 MR.
STURSBERG: I think that is exactly
right. Beyond the History Channel there is
obviously channels like Discovery and Bravo that are serious commissioners of
very important documentaries.
LISTNUM
1 \l 15966 COMMISSIONER
ARPIN: Are you looking at having a
centralized unit within the CBC to grant licence for documentaries, or will you
keep a window at The Documentary Channel and another one at the CBC and a third
one at Country Canada?
LISTNUM
1 \l 15967 How
is it really working now and how will it be working in the future?
LISTNUM
1 \l 15968 MR.
STURSBERG: Well, it's going to work in
the future more or less the way it's working now. It is going to have its own staff that will
be responsible for The Documentary Channel in the same way as we have, you
know, our own staff who are responsible for Newsworld, our own staff who are
responsible for Country Canada.
LISTNUM
1 \l 15969 What
will happen is, there will be a head of The Documentary Channel. The head of The Documentary Channel will
report to Kirstine as head of the Network Programs Office and that person, or
persons rather, will be responsible for scheduling and managing the channel,
for acquiring product on the channel and for commissioning independent
documentaries from the independent film‑makers.
LISTNUM
1 \l 15970 So
within the CBC it will operate very similarly to the way it has been
operating in the past.
LISTNUM
1 \l 15971 COMMISSIONER
ARPIN: Now there are some concerns
that ‑‑ and I will seek both Corus and CBC to comment on an
allegation made by some intervenors that the cash price base paid by CBC is
under market value, since Corus benefited from the from the renewal negotiation
of its affiliation agreement for Kingston and Peterborough.
LISTNUM
1 \l 15972 Could
you please comment on that?
LISTNUM
1 \l 15973 MR.
MAAVARA: The question of the price for
the channel is an interesting one. It is
more of an academic one than a practical one.
LISTNUM
1 \l 15974 COMMISSIONER
ARPIN: Because there is also the
fact that some others or the same are also raising that the real price is
$16.3 million rather than ‑‑
LISTNUM
1 \l 15975 MR.
MAAVARA: Well, that's an easy
argument. That as a matter of law and
policy is just simply incorrect as we stated in our reply to interventions.
LISTNUM
1 \l 15976 The
purpose of ‑‑ and this goes to the question of the significant
benefits, the benefits have always been applied to in the context of the non‑competitive
nature of licence transfers in Canada and the benefit was effectively
calculated on the basis of the benefit to the vendor and the point of that
exercise is to disincent the trafficking of licences and also to provide
"a public benefit" to a licence transfer in the context of a non‑competitive
process.
LISTNUM
1 \l 15977 There
are several citations that we make in the brief where the Commission has looked
at this and where the vendor is being relieved of the debt then the benefit
test applies to the whole amount. This
is kind of an anomalous situation, in that we are in fact taking and keeping
the debt and we have already written it off.
LISTNUM
1 \l 15978 So
our submission is that as a matter of law and policy is that that point of view
is just plain wrong.
LISTNUM
1 \l 15979 But
then, to get to the first part of your question which was what is the
proper market value of this, well, you know, it is really very difficult. The context that we were looking at this started
with both the legal relationship that we have with the CBC and the other
partners as well as the non‑legal relationship.
LISTNUM
1 \l 15980 Under
the partnership agreement, were we to find a third‑party purchaser ‑‑
and, you know, I'm not shy about admitting that we have had some people come to
us and say "Well, we would have paid you more than that", but the
point of the exercise was, under the partnership agreement if we had a third‑party
offer then the CBC and the others would have a right to match that offer.
LISTNUM
1 \l 15981 We
looked at that and we said ‑‑ and we understood the numbers
looking out for the next seven years and we basically said to ourselves,
"If we take the debt away from the service, then this service can be a
breakeven or slightly better service."
And we said "If the cost of the service is going to be anything
more than effectively ‑‑ well $1 million is not nominal
but it's not a huge amount, if you get into a number that is any higher than
that then effectively what you are doing is you are establishing the debt again
and you are saying that the public broadcaster is going to have to find a way
to finance this.
LISTNUM
1 \l 15982 As
we said in our reply to the interventions, that is not a discussion really with
the CRTC, it is really to the funders.
LISTNUM
1 \l 15983 That
said, the owners and directors and management of Corus felt that "We are
going to write this off anyway. We have
a relationship with the CBC and they have the ability to make this a terrific
channel and we are very proud of what we have accomplished to date, the problem
is we just haven't been able to sell very much advertising associated with it
and they can make a go of it and it's in the public interest for them to have
it, they can run it on a small profit basis and, as a result, it is not going
to be a tax on the public purse, if you want to put it that way, and as such
this agreement is greatly in the public interest."
LISTNUM
1 \l 15984 As
to whether the benefits should be higher, if the benefits, as I mentioned
earlier, with the higher price for the purchase, if you called them benefits
instead, they would still go to the situation where you would have to ask
yourself: Is the Government of Canada
prepared to give the CBC more money to run this channel? Corus kind of answered that question by
saying "We will accept $1 million and that's fine by us."
LISTNUM
1 \l 15985 COMMISSIONER
ARPIN: Now, regarding the renewal of the
Kingston and Peterborough affiliation agreements, some have argued that it
might have been a sweeter deal ‑‑ I'm not necessarily using
their terms ‑‑ than the terms usually on which they CBC
negotiates affiliation agreements.
LISTNUM
1 \l 15986 Do
you have any comments to make?
LISTNUM
1 \l 15987 MR.
STURSBERG: Yes, I do.
LISTNUM
1 \l 15988 The
terms on which the affiliation agreements were extended are identical to the
terms that they were on previously. In
other words, nothing has changed. All we
did was extend them over the next ‑‑ four years I think it
is. They start in 2007.
LISTNUM
1 \l 15989 But
the financial arrangements underpinning the extension of the agreements are
identical to the financial arrangements that were in the previous
agreements. So there has been no
sweetening of the affiliation agreements.
LISTNUM
1 \l 15990 I
think it is very important to see these things for what they are. These are two completely separate
transactions. It turned out
that they happened at the same general period of time because of when
the affiliation agreements expired and when it was that we were having this
conversation with Corus.
LISTNUM
1 \l 15991 There
is no increase to the money in the affiliation agreements. If you are interested we would be happy to
file with you in confidence the old agreements plus the new ones, we have no
problem with that, and you will see they are identical.
LISTNUM
1 \l 15992 COMMISSIONER
ARPIN: Well, we ‑‑
LISTNUM
1 \l 15993 MR.
STURSBERG: So there is no sort of bump
in money that somehow or another has alluded people which should be tacked on
as part and parcel of the acquisition price.
LISTNUM
1 \l 15994 You
know, the other thing I would just add to what Gary was saying is, when you
have a channel that is losing this amount of money it is very difficult to
calculate what its worth. Typically we
calculate these things as multiples of EBITDA, but when you have negative
margin then, you know, it's sort of tricky.
LISTNUM
1 \l 15995 People
have said, as Gary was mentioning, that there has been some discussion that
somehow the $16 million should be rolled into the transaction price. That would be true if we had assumed the
$16 million liability. But we
didn't, and we are enormously grateful to Corus that they have agreed to eat
the $16 million loss.
LISTNUM
1 \l 15996 Indeed,
I think that what Corus has done here is something that is very much in the
public interest because I fear that if the channel had continued to go the way
it was, hobbled with $16 million in debt, it would have been very
difficult for the channel ever to have been viable on a going‑forward
basis. So I think that what Corus has
done is very much in the public interest and I think it's in the interest of
the documentary community as a whole.
LISTNUM
1 \l 15997 COMMISSIONER
ARPIN: Since you are volunteering to
allow the Commission, on a confidential basis, to see the former and the new
affiliation agreement, could we ask you to file them with the Commission and
when do you think we could get them?
LISTNUM
1 \l 15998 MR.
MAAVARA: We would be pleased to file
them on a confidential basis.
LISTNUM
1 \l 15999 Just
to add to Richard's comments with respect to the changes in the agreement, the
only thing that we changed in the agreement were the clean‑up of some
language that was in place.
LISTNUM
1 \l 16000 You
have to understand that these stations have been affiliates of the CBC for 50
years. We are proud of the fact that we
just had our 50th anniversary of those stations. As one can imagine, I think the last
agreement was done 10 years ago so we cleaned up some of the language to
reflect things such as satellite delivery of the signal and that sort of
thing. But from a substantive and
practical standpoint they are the same agreements.
LISTNUM
1 \l 16001 With
respect to the timing, I will take the Commission back to last winter. We announced the two agreements in May, but
in a world of lots of things to do, and the same people kind of do the same
stuff, when you sit down in a meeting room you have an agenda of things to talk
about and what we were facing at that time, as you will recall, and as Richard
referred to, our affiliation agreements were coming up to an expiry date. We were also looking at the potential for a
CBC licence renewal and we were looking at the licence renewal of the
documentary as well as other channels.
LISTNUM
1 \l 16002 What
has happened since then was the CBC renewal was pushed back, as well as the
specialty renewals, so we were working on all the stuff and we got the
agreements done. We, as a publicly
traded company, are required, when we divest of something or do any kind of
material agreement, to announce that and I would venture to add that the CBC in
a sense is very similar to us because it is publicly funded, so we said we
should get all this stuff out there by way of press releases. So that is how they are coincidental.
LISTNUM
1 \l 16003 COMMISSIONER
ARPIN: Yes. Because there is no
reference in the agreement regarding The Documentary Channel, but there was
press release issues. That is how the
intervenors came to know that those affiliation agreements had been renewed.
LISTNUM
1 \l 16004 MR.
MAAVARA: That is correct. Both CBC and Corus, we, subject to our
obligations under the securities laws of both Canada and the United States,
because we are traded on the New York Stock Exchange, issued releases on both
of those things.
LISTNUM
1 \l 16005 COMMISSIONER
ARPIN: Over and above the news release,
Mr. Stursberg has volunteered to provide the Commission on a confidential
basis copies of the former and the current affiliation agreements.
LISTNUM
1 \l 16006 We
don't need to receive it from the two parties obviously. I take it for granted they are one in the
same.
LISTNUM
1 \l 16007 MR.
STURSBERG: We hope so.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16008 COMMISSIONER
ARPIN: Which one of you will provide us
with a copy of the affiliation agreement and when?
LISTNUM
1 \l 16009 MR.
STURSBERG: We will do it and
we will do it in the next couple of days.
LISTNUM
1 \l 16010 Is
that okay, Rob?
LISTNUM
1 \l 16011 MR.
SCARTH: Yes. That is fine.
LISTNUM
1 \l 16012 COMMISSIONER
ARPIN: Thank you.
LISTNUM
1 \l 16013 My
final question. I think I heard you in
your oral presentation, Mr. Stursberg, saying that the National Film
Board ‑‑ and I was made aware of that decision also by our
staff ‑‑ has withdrawn their intervention. But my reading of the material that was
provided to me with regard to the specific intervention was that there was to
be a Special Resolution of the Partners on the sales of units to be signed and
dated. Obviously I understand that is
what had happened with the National Film Board.
LISTNUM
1 \l 16014 Have
the Special Resolutions been filed with the Commission to your knowledge and,
if no, when will it take place?
LISTNUM
1 \l 16015 MR.
STURSBERG: I don't know.
LISTNUM
1 \l 16016 MR.
MAAVARA: The Special Resolution was
filed originally as part of the application process absent one signature and it
is my understanding that the National Film Board filed a letter with the
Commission which included its signature on the Special Resolution as well.
LISTNUM
1 \l 16017 COMMISSIONER
ARPIN: I'm looking at our legal counsel.
LISTNUM
1 \l 16018 MR.
STURSBERG: I'm looking at our Director
of Regulatory Affairs.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16019 MR.
STURSBERG: He is nodding his head saying
that it was supposed to be filed yesterday.
LISTNUM
1 \l 16020 MR.
SCARTH: Yes, it was completed and signed
yesterday.
LISTNUM
1 \l 16021 COMMISSIONER
ARPIN: And I'm looking in the room.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16022 MS
DIONNE: I am being told that we only
have the letter on file.
LISTNUM
1 \l 16023 COMMISSIONER
ARPIN: So we only have the letter in the
file.
LISTNUM
1 \l 16024 MR.
STURSBERG: The National Film Board is
just saying that he gave a copy of the letter to Gary. We have it right here in any event.
LISTNUM
1 \l 16025 MR.
MAAVARA: Yes. I have a copy dated March 28, 2007 addressed
to Diane Rheume Re: Application 2006‑111‑8‑8
and I will read it:
"Dear Mrs. Rheume:
This is to inform you that we have reached an agreement with the CBC
regarding this application and that we are withdrawing our intervention dated
December 22, 2006 with further correspondence.
We thank you for your attention in this matter." (As read)
LISTNUM
1 \l 16026 I
have appended to this the Special Resolution of the partners of the Canadian
Documentary Channel Limited Partnership, and that is signed on page 2 of 4
by the National Film Board of Canada, Mr. Claude Joli‑Coeur, Acting
Government Film Commissioner and Chairperson.
LISTNUM
1 \l 16027 COMMISSIONER
ARPIN: Just while you were reading
it the Secretary of the hearing gave us a copy of the letter of Mr. Joli‑Coeur
and the appended document.
LISTNUM
1 \l 16028 MR.
MAAVARA: I know, Commissioner Arpin,
there are a lot of people listening on the internet and I wanted to give them
their money's worth.
LISTNUM
1 \l 16029 COMMISSIONER
ARPIN: I'm sure they really appreciated
it.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16030 COMMISSIONER
ARPIN: Well, Madam Chair, those were my
questions to the applicant.
LISTNUM
1 \l 16031 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 16032 Legal
counsel...? I'm sorry, I apologize.
LISTNUM
1 \l 16033 Commissioner
Cram...?
LISTNUM
1 \l 16034 COMMISSIONER
CRAM: Or Commissioner Barb as I'm no one
in my region.
LISTNUM
1 \l 16035 Is
the $1 million sort of equivalent to the value of the hard assets of the
channel?
LISTNUM
1 \l 16036 MR.
MAAVARA: I really can't answer that because
there ‑‑ I don't think so because there really aren't very
many hard assets.
LISTNUM
1 \l 16037 COMMISSIONER
CRAM: A few desks.
LISTNUM
1 \l 16038 MR.
MAAVARA: Because most of the engineering
activity is provided by way of a service agreement.
LISTNUM
1 \l 16039 So
there might be some rights and that sort of thing, but I think the short answer
is no.
LISTNUM
1 \l 16040 MR.
STURSBERG: This was a
difficult issue as to how the value it, but if I'm not mistaken, although
it predates me, I think this is in the same general valuation range as when we
did the Country Canada deal.
LISTNUM
1 \l 16041 MR.
MAAVARA: Yes, that's correct.
LISTNUM
1 \l 16042 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 16043 These
people who you claim, Mr. Maavara, said they would pay you more money,
have they ever seen your financials, the financials of the ‑‑
LISTNUM
1 \l 16044 MR.
MAAVARA: I mentioned that simply to
state that, you know, there are people who have said that to us, but really
that notion ignores a number of things which we set out in our reply, the first
thing being the partnership agreement.
LISTNUM
1 \l 16045 You
know, we had a binding contract with the other partners that if we got a third‑party
offer they would have the right to match it and presumably they would make
efforts to do so.
LISTNUM
1 \l 16046 The
other thing is, and we make no bones about it, we weren't about to give our
position in The Documentary Channel to a direct competitor. Perhaps if somebody had come along with
$16 million we may have, but that wasn't in the cards. No one has suggested a number that is much
higher than $1 million I should add.
They have been small amounts, because people do see the public filings
every year and the last five years have not been particularly good.
LISTNUM
1 \l 16047 COMMISSIONER
CRAM: I'm looking at the financials, and
this gets to you Mr. Harris ‑‑ and I'm so happy to see you
again. At the first of my career at CBC
renewals Mr. Harris had all the answers, and at the end of my career here
Mr. Harris, I know, has all the answers.
LISTNUM
1 \l 16048 There
is, I notice in the financials that we have here, an average increase in
administration and general expenses of around $95,000 a year.
LISTNUM
1 \l 16049 Is
there a reason for that? I mean you have
more subs, but I don't ‑‑
LISTNUM
1 \l 16050 MR.
HARRIS: I believe the answer to that
question is that we capture in that an increase in CRTC fees largely based on
the revenue of the channel and as that goes up the administration goes up.
LISTNUM
1 \l 16051 COMMISSIONER
CRAM: Ah yes, but if Part 2 fees
die, then you are in for a ‑‑
LISTNUM
1 \l 16052 Also
salaries and staff, an average over the years of an increase of about $100,000.
‑‑‑ Pause
LISTNUM
1 \l 16053 MR.
MAAVARA: Which category?
LISTNUM
1 \l 16054 COMMISSIONER
CRAM: Salaries and staff. Or maybe I have it wrong.
LISTNUM
1 \l 16055 No. Wait, let me get my lines straight. No ‑‑ yes, no I don't.
LISTNUM
1 \l 16056 I'm
all right. Fine, sorry.
LISTNUM
1 \l 16057 MR.
HARRIS: I would have
been surprised.
LISTNUM
1 \l 16058 COMMISSIONER
CRAM: I also notice that it looks to me
like your revenue is increasing on average over the years about
three ‑‑ well, at about the same rate the whole time.
LISTNUM
1 \l 16059 Are
you expecting that that would continue?
LISTNUM
1 \l 16060 MR.
HARRIS: We have had a great deal of
difficulty selling advertising on the channel so our revenue has been going up
by the cable and satellite subscriber increases which are on a pretty straight
line. I mean, there was a big jump at
the beginning, but now that is pretty much proceeding at the same rate every
year.
LISTNUM
1 \l 16061 COMMISSIONER
CRAM: Yes, and that is averaging 100.
LISTNUM
1 \l 16062 MR.
HARRIS: Yes.
LISTNUM
1 \l 16063 COMMISSIONER
CRAM: So you would then, therefore,
expect the same kind of increase.
LISTNUM
1 \l 16064 MR.
HARRIS: Yes, unless there was a ‑‑
you know, one of the possible benefits of the sale to CBC is that because they
have a bigger scale in terms of advertisers that might be interested in The
Documentary Channel, that they will be able to bring more advertising to the
channel.
LISTNUM
1 \l 16065 At
Corus, where the main advertisers are for women and children ‑‑
LISTNUM
1 \l 16066 COMMISSIONER
CRAM: Children, yes.
LISTNUM
1 \l 16067 MR.
HARRIS: ‑‑ it was a hard sell.
LISTNUM
1 \l 16068 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 16069 So
then if I look at this, it appears to me once the interest is gone that you
will be, let's say profitable, within year seven.
LISTNUM
1 \l 16070 Is
that your ‑‑
LISTNUM
1 \l 16071 MR.
STURSBERG: That's our plan.
LISTNUM
1 \l 16072 COMMISSIONER
CRAM: So then you have these bursaries
that were "promised" but not put in any COL or anything.
LISTNUM
1 \l 16073 Is
it your expectation that you would, at your renewal, perhaps say "Look, I
know we promised this but we don't have enough money, didn't have enough money,
so in this term we will do that"?
LISTNUM
1 \l 16074 MR.
STURSBERG: I think we could take that up
when we come for the renewal, absolutely.
I think that would be a good subject to take up.
LISTNUM
1 \l 16075 But
I think that our first challenge and what we would really like to get to is to
make sure that the channel is on a financially sound footing so that we can
guarantee that it goes ahead and is successful or we lose everything.
LISTNUM
1 \l 16076 MR.
MAAVARA: On that subject, when you look
at the financials, for example, we had a $103,000 over expend last year. One of the things, notwithstanding the
financial results of the service, we did put the money on the screen, as they
say, with respect to the acquisitions and we are quite proud of the program
service.
LISTNUM
1 \l 16077 Just
to expand on Mr. Harris's point about selling the advertising, the
difficulty with The Documentary Channel, I mean we had our sales aspects to it,
it is tough to twin YTV and documentary, but this is grown‑up
programming. I mean that in the sense
that a lot of the programming that is on at the time that the advertisers are
really looking for is rough stuff. It's
about tough subjects that a lot of advertisers don't want to go near. That is one of the real strengths of this
channel, because is it puts topics on the screen that don't necessarily get on
elsewhere and we are quite proud of that.
LISTNUM
1 \l 16078 COMMISSIONER
CRAM: I was going to talk about
programming because I note that year one you had high programming costs, and
then two quite a precipitous drop, three up a little, four up a little, and now
back almost to the same rate.
LISTNUM
1 \l 16079 Are
you planning that there would be an increase in those program costs in the
future that you would be spending on programming?
LISTNUM
1 \l 16080 Is
Mr. Harris going to stay with you, by the way?
LISTNUM
1 \l 16081 MR.
HARRIS: I'm staying with Corus.
LISTNUM
1 \l 16082 COMMISSIONER
CRAM: Fine.
LISTNUM
1 \l 16083 MR.
HARRIS: I would like to get Corus on the
record.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16084 MR.
HARRIS: In year one of course we
bought ‑‑ most of these things we buy in three‑year
licences and because it's an amort licence, 50 percent of that cost you saw in
year one. Then after that it was a
refresh and then, of course, three years later we got hit with another we have
to renew everything again.
LISTNUM
1 \l 16085 So
that's why, you know, it starts as big waves and the waves get smaller as we go
out. But that's why there was that
variability.
LISTNUM
1 \l 16086 But
perhaps Richard should speak to what's coming up.
LISTNUM
1 \l 16087 MR.
STURSBERG: I would just repeat what I
said to Commissioner Arpin, our plan is to, you know, meet all the conditions
of licence in terms of spend and in terms of proportionate Canadian programming
rising up to 75 percent in the seventh year.
LISTNUM
1 \l 16088 COMMISSIONER
CRAM: I want to ask about, yes, you
are going to have a lot ‑‑ I mean you will need to have a lot
of original material here, but you could then second or third window it on
Newsworld. I mean that would be your
strategy so you would be able to amortize your costs over the services?
LISTNUM
1 \l 16089 MR.
STURSBERG: No. Our undertaking is quite clear on this point,
that the amount of money we spend commissioning for The Documentary Channel
itself will not go down. That is our
undertaking.
LISTNUM
1 \l 16090 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 16091 MR.
STURSBERG: But I come back to the
general point I was making: What we
don't want is, we don't want to pursue a program strategy that dilutes in
any way what it is we are doing whether on the main channel or on Newsworld or
The Documentary Channel. You know, there
has to be compelling reasons for people to come to these channels and so, you
know, inevitably they are going to be pursuing somewhat different strategies.
LISTNUM
1 \l 16092 For
example, right now on the main channel we emphasize larger documentaries with
bigger and broader themes and bigger budgets.
On Newsworld we have a particular emphasis on point of view
documentaries of one variety or another.
There has been some talk ‑‑ and I know there were
questions raised by the documentary community as to whether we would continue
to be committed to long‑form feature documentaries on the independent
channel, and we said absolutely.
Because, you know, the extent to which we are going to be successful is
the extent to which people are going to say, "You know, I have to go
there. I can't get that anywhere
else."
LISTNUM
1 \l 16093 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 16094 Thank
you, Madam Chair.
LISTNUM
1 \l 16095 THE
CHAIRPERSON: Thank You.
LISTNUM
1 \l 16096 Legal
Counsel...?
LISTNUM
1 \l 16097 MR.
AGUIAR: Just to clarify, the prior and
current affiliation agreements, could we have them filed by Tuesday April the
3rd?
LISTNUM
1 \l 16098 MR.
MAAVARA: Yes, I will file them by that
date.
LISTNUM
1 \l 16099 MR.
AGUIAR: Thank you.
LISTNUM
1 \l 16100 THE
CHAIRPERSON: Thank you very much.
LISTNUM
1 \l 16101 Mr.
Stursberg, Mr. Maavara ‑‑ nice to see you again Ms
Layfield ‑‑ that completes our questioning.
LISTNUM
1 \l 16102 MR.
MAAVARA: Thank you.
LISTNUM
1 \l 16103 MR.
STURSBERG: Thank you, Commissioners.
LISTNUM
1 \l 16104 THE
CHAIRPERSON: Madam Secretary...?
LISTNUM
1 \l 16105 THE
SECRETARY: We will now proceed to Phase
II in which other parties appear in the order set out in the Agenda to present
their intervention.
LISTNUM
1 \l 16106 For
the record, the intervenor Observatoire du documentaire and APFTQ listed in the
Agenda will not be appearing at the hearing.
LISTNUM
1 \l 16107 The
Documentary Organization of Canada and CFTPA have decided to switch places, so
I would now call on CFTPA to appear and present its intervention.
‑‑‑ Pause
INTERVENTION
LISTNUM
1 \l 16108 THE
SECRETARY: Please
introduce yourself and you have 10 minutes to make your presentation.
LISTNUM
1 \l 16109 MR.
MAYSON: Thank you, Madam Chair and
Members of the Commission.
LISTNUM
1 \l 16110 My
name is Guy Mayson and I am President and CEO of the Canadian Film and
Television Production Association.
LISTNUM
1 \l 16111 On
my right is Stephen Ellis of Toronto's Ellis Vision, a member with a unique 40‑year
tradition of creating documentaries for Canadian and international
audiences. He is a past Chair of the
CFTPA and a long‑standing member of the Association's Broadcast Relations
Committee.
LISTNUM
1 \l 16112 To
my left is Mario Mota, the CFTPA's Senior Director of Broadcast Relations and
Research.
LISTNUM
1 \l 16113 The
CFTPA represents the interests of almost 400 companies engaged in the
production and distribution of English‑language television programs,
feature films, and interactive media products in all regions of
Canada. Our member companies are
significant employers of Canadian creative talent and assume the financial and
creative risk of developing original content for Canadian and international
audiences.
LISTNUM
1 \l 16114 Independent
producers have provided Canadian television viewers with the choice of a
Canadian perspective on our country, our world and our place in it, with such
acclaimed documentaries as "Manufactured Landscapes", "The
Corporation", and "Shake Hands with the Devil".
LISTNUM
1 \l 16115 At
the outset, CFTPA acknowledges that this transaction is a business deal
involving a specialty service that is not yet profitable. We understand the Commission's commitment to
ensure that Canadian broadcasting services are healthy enough to ensure that
they make a significant contribution to the production and exhibition of
high quality Canadian programming.
LISTNUM
1 \l 16116 However,
we know all too well that the current environment for documentary producers is
far from robust. Shelf space for
documentary on conventional television services is becoming a rare and rarer
commodity. While the value of
documentary production is increasing on specialty services, funding for
documentaries is not keeping pace.
LISTNUM
1 \l 16117 This
transaction provides a real opportunity the public broadcaster to acquire some
significantly more shelf space for documentaries.
LISTNUM
1 \l 16118 The
documentary genre is a Canadian creation and the current generation of Canadian
independent documentary producers is proud to contribute to this tradition,
creating distinctive programming that addresses social and political issues
from an in‑depth perspective.
LISTNUM
1 \l 16119 Independent
producers have strong regional routes, present a distinct point of view, and
their programs provoke discussion and debate.
As such, the independent production sector plays a vital role in the
Canadian broadcasting system, as recognized in the Broadcast Act.
LISTNUM
1 \l 16120 The
CFTPA acknowledges the important role that the CBC has always played in
acquiring and commissioning documentaries from Canada's independent
producers. In fact, we consider the
CBC's relationship with independent documentary producers to be critical and
crucial to the sustainability and survival of this segment of the production
sector. It is essential that the public
broadcaster continues to present a diversity of view and provide a voice for
individual documentary producers on all of the CBC's television services.
LISTNUM
1 \l 16121 We
greatly, greatly appreciate that the Commission took into account our views and
those of other intervenors and called the parties to this transaction to
appear.
LISTNUM
1 \l 16122 We
have heard the applicant's presentation and the responses to questions posed by
the Panel. Nevertheless, there are a
couple of points from our written intervention that we believe merit further
elaboration.
LISTNUM
1 \l 16123 Quite
frankly, we were disappointed that Corus Entertainment and the CBC appeared to
brush aside some of the concerns we had raised.
In essence, their reply comments stated that these matters were
irrelevant to the CRTC's consideration of this application and that the appropriate
venue to discuss them would be during a future licence renewal hearing or a
policy proceeding.
LISTNUM
1 \l 16124 Respectfully,
we disagree. In our view, a thorough
examination of existing licence commitments and future plans are essential
elements to consider in determining whether a proposed transfer of control is
in the public interest.
LISTNUM
1 \l 16125 Canadian
documentary producers are concerned about the lack of detail provided in the
application regarding the CBC's future plans for The Documentary Channel. They have also expressed uneasiness about the
value of the ownership stake that the CBC is proposing to purchase and the
related benefit commitment.
LISTNUM
1 \l 16126 Stephen...?
LISTNUM
1 \l 16127 MR.
ELLIS: Thank you, Guy.
LISTNUM
1 \l 16128 Canadian
independent producers are the first to acknowledge that The Documentary Channel
has brought diversity to the Canadian broadcasting system by providing a
distinct window for our creations. The
CBC has committed to operate the channel under the terms and conditions of the
existing licence expiring at the end of August '08. It has also pledged to maintain the current
aggregate level of expenditure on independent production, on the main network
as well as Newsworld and The Documentary Channel throughout the remainder of
the licence term.
LISTNUM
1 \l 16129 In
order to properly understand how this transaction will increase
opportunities for independent producers, however, our membership would
like more information about what those levels of expenditure are and
whether past commitments are being met.
LISTNUM
1 \l 16130 For
example, how much has The Documentary Channel spent on commissioning and
acquiring independent productions in each year of the current licence term
in terms of both dollars and hours?
LISTNUM
1 \l 16131 How
much programming has the CBC's main network and Newsworld provided to The
Documentary Channel?
LISTNUM
1 \l 16132 What
is the precise breakout between in‑house related party and arm's
length independent productions?
LISTNUM
1 \l 16133 Over
the past couple of years there has been a marked decrease in the documentary
programming strands available to independent producers on the main English‑language
CBC television network. Our written
intervention cited specific examples.
LISTNUM
1 \l 16134 Our
research indicates that the availability of Canadian long‑form
documentary programming on the CBC English network has declined from a recent
peak of 263 hours in 2003/04 to just 122 hours in 2005/06.
LISTNUM
1 \l 16135 It
appears to us that the CBC's strategy is to reduce the exhibition windows for
documentary programming on the main network.
We note that programming on The Documentary Channel is a available to
fewer than 10 percent of the households with access to programming on the
main network or Newsworld.
LISTNUM
1 \l 16136 Without
clear guidance from the CBC, we are concerned that a continuation of the trend
to reduce viewing opportunities for documentary programming on the more mature
programming services will result in a serious reduction of diversity in terms
of the documentary programming that is available to the largest number of
Canadians.
LISTNUM
1 \l 16137 To
alleviate these concerns, the CFTPA seeks precise answers as to how the CBC
intends to allocate documentary expenditures between acquisitions, in‑house
production and independent production, on the main network, Newsworld and The
Documentary Channel.
LISTNUM
1 \l 16138 Mario.
LISTNUM
1 \l 16139 MR.
MOTA: Thank you, Stephen.
LISTNUM
1 \l 16140 The
CFTPA has serious concerns about the lack of transparency surrounding the
valuation of Corus' interest in The Documentary Channel. We believe the $1 million sale price is
too low and does not represent fair market value. We note that a recent transaction involving a
similar ownership stake in the Category 1 digital specialty service, the
Biography Channel, was valued at $5 million.
The Biography Channel and The Documentary Channel have similar
subscriber numbers, revenue and PBIT levels.
LISTNUM
1 \l 16141 Back
in 2002 the CBC paid $1.2 million to acquire a 70 percent voting interest
in the Category 1 digital specialty service "Country Canada",
and committed tangible benefits consisting of new programming initiatives for
the service amounting to 35 percent of the value of the transaction.
LISTNUM
1 \l 16142 We
believe there is a serious disconnect between the value assigned to The
Documentary Channel and these and other transactions.
LISTNUM
1 \l 16143 Further,
CFTPA recommends that, consistent with CRTC practice, The Documentary Channel's
debt should be included in the value of the transaction for the purpose of
assessing benefits.
LISTNUM
1 \l 16144 Given
our concerns about inadequate valuation of this transaction, the CFTPA believes
that a tangible benefit totalling $100,000 is insufficient.
LISTNUM
1 \l 16145 Further,
the specific benefit proposed is inconsistent with the CRTC's expectation that
a majority of benefits in television transactions be allocated to "on‑screen
presence".
LISTNUM
1 \l 16146 The
CFTPA fails to see how the proposed $20,000 annual award, which would represent
less than 10 percent of the $216,000 average Canadian documentary budget,
is:
"... sufficient to be the first
cornerstone of a project's financing or the piece that makes an underfinanced
project a reality..."
(As read)
LISTNUM
1 \l 16147 As
the CBC claims.
LISTNUM
1 \l 16148 We
urge the Commission to ensure that a proper value is assigned to this
transaction and that appropriate benefits are pledged.
LISTNUM
1 \l 16149 Guy.
LISTNUM
1 \l 16150 MR.
MAYSON: Thanks, Mario.
LISTNUM
1 \l 16151 In
renewing the licences for CBC English‑language television in the year
2000, the CRTC stated that:
"The CBC should be a model for
others in respect of its dealings with independent producers. It's plans should be transparent in order to
foster collaboration with the independent production industry." (As read)
LISTNUM
1 \l 16152 The
CFTPA agrees.
LISTNUM
1 \l 16153 The
CFTPA has long advocated that Terms of Trade Agreements are one of the best
means of addressing some of these issues and in establishing a clear framework
for negotiation in the contractual arrangements between independent producers
and broadcasters, including the CBC.
LISTNUM
1 \l 16154 The
CFTPA entered into its first Terms of Trade agreement with the CBC in September
2002. The Independent Production
Protocol has been useful for standardizing internal CBC television practices
and licensing and commissioning programming from independent producers.
LISTNUM
1 \l 16155 We
have found, however, that it has been not been as effective an instrument for
negotiating fair and equitable individual contracts in a rapidly changing
broadcasting and communications environment.
The amalgamation of rights for the main CBC network and its specialty
channels without separate or increased licence fees is a serious concern to
independent documentary producers. We remain
concerned that the CBC intends to licence documentaries from independent
producers for broadcast on multiple CBC broadcast platforms without adequate
compensation.
LISTNUM
1 \l 16156 We
have recommended that the Commission require the CBC to maintain separate
programming executives and commissioning editors for The Documentary Channel
and the CBCs other television assets. It
is vital that The Documentary Channel maintain an approach to documentary
programming that is unique from the CBC's other television services in order to
ensure diversity in the system.
LISTNUM
1 \l 16157 I
was pleased to hear Mr. Stursberg actually say that this afternoon. It was very interesting to hear that.
LISTNUM
1 \l 16158 We
are very pleased to have had the opportunity to appear before you today to
present our views on this important transaction. Our member companies want this service to
succeed and ensure that The Documentary Channel continues to build on the
Canadian tradition of excellent documentary programming.
LISTNUM
1 \l 16159 Thank
you for your attention. We would
certainly be pleased to answer any questions you may have.
LISTNUM
1 \l 16160 THE
CHAIRPERSON: Thank you, gentlemen.
LISTNUM
1 \l 16161 Commissioner
Cram...?
LISTNUM
1 \l 16162 COMMISSIONER
CRAM: Thank you.
LISTNUM
1 \l 16163 I
wanted to go to page 3 of your presentation today, Mr. Mayson, the third
paragraph. I recognize that we are to
examine the commitments and everything else, but as with a lot of other sales
and consolidations there is a limit, don't you believe, to how far we can go in
between normal commercial transactions between parties?
LISTNUM
1 \l 16164 Is
it realistic fundamentally that we would reject a deal made between
two willing partners?
LISTNUM
1 \l 16165 MR.
MAYSON: I don't know. I think, if I understand your question, I
think we realized the scope of this discussion is really about a change, a
transfer in ownership dealing with the ownership of a certain specialty channel
and I think that is obviously the focus of the Commission's work here.
LISTNUM
1 \l 16166 Our
only point, I think in some of the issues that we have raised, is that other
aspects particularly in a consolidating world other aspects of some of the
properties owned by the same owners, it's relevant, I think, to look at the
larger picture and make some connections where it's appropriate.
LISTNUM
1 \l 16167 MR.
MOTA: Commissioner Cram, if I could
just ‑‑
LISTNUM
1 \l 16168 COMMISSIONER
CRAM: But you see our choices are to say
yes or no and the only time I recall us ever saying no was in the early '90s,
to my now colleague Commissioner Williams, and that's ‑‑ I
mean my recollection is fairly good, so I guess I'm just wondering, you know.
LISTNUM
1 \l 16169 I'm
sorry, please go ahead.
LISTNUM
1 \l 16170 MR.
MAYSON: Go ahead, Mario.
LISTNUM
1 \l 16171 MR.
MOTA: Commissioner Cram, we are not
asking the Commission to deny this transaction.
What the Commission has done in the past is required a sufficient level
of benefits that is commensurate with the transaction. We certainly wouldn't expect the Commission
to force the CBC to pay more in the transaction, but it could certainly set the
bar higher in terms of the benefits that have been proposed. If it's $100,000, perhaps it can be two or
three or four, whatever the Commission deems is appropriate. But there is certainly precedent there where
the Commission has required a greater level of benefits and that is one of the
issues that we have raised that we think the Commission should look at.
LISTNUM
1 \l 16172 COMMISSIONER
CRAM: On page 5 you talk about:
"... the CBC's strategy is to
reduce the exhibition windows for documentary programming on the main
network. We note that ..."
LISTNUM
1 \l 16173 And
then you say that programming is available to fewer people.
LISTNUM
1 \l 16174 But
at the end of the day that could also be seen as a smart move, develop the
taste on the main network and then sell them on The Documentary Channel.
LISTNUM
1 \l 16175 I
mean, it seems to me that that could be seen as a fairly smart strategy.
LISTNUM
1 \l 16176 MR.
MAYSON: I think our point there ‑‑
I mean was actually very gratified to hear the CBC's comments and their
presentation because I think they are clearly looking at a separate programming
strand for The Documentary Channel. In
our own submission we talk about, I think, a separate programming budget,
separate programming executives.
LISTNUM
1 \l 16177 I
think we absolutely are on the same wavelength and seeing the value of The
Documentary Channel as being distinct from the main network. And I'm pleased.
LISTNUM
1 \l 16178 I
think the problem in the past has been a lack of clarity in that area and I
think that this transaction, the debate around the transaction that I think
this transaction has provoked in the documentary community, I think it's
touched a nerve and I think it's interesting that the CBC has responded well in
that regard.
LISTNUM
1 \l 16179 COMMISSIONER
CRAM: Mr. Mota, I wanted to move on to
you.
LISTNUM
1 \l 16180 What
is the PBIT of the Biography Channel.
LISTNUM
1 \l 16181 Do
you know?
LISTNUM
1 \l 16182 MR.
MOTA: You are catching me on
the spot. I don't have that number
here.
LISTNUM
1 \l 16183 We
were using the 2005 data that the Commission ‑‑ that is
the last year of data that is publicly available for all the specialty
channels, and certainly we were comparing those levels together. Unfortunately, I don't have the specific
number, but it's all Commission data from the statistical and financial
summaries and they are all generally in the same area.
LISTNUM
1 \l 16184 COMMISSIONER
CRAM: Wouldn't it make sense that CBC
would pay $1.2 million because they were acquiring ‑‑ in
Country Canada, because they were acquiring a larger interest?
LISTNUM
1 \l 16185 MR.
MOTA: Certainly. But the point there I guess would be
this is a channel that had just launched and presumably had greater losses in
the early going.
LISTNUM
1 \l 16186 So
in the sense of The Documentary Channel, they have had six years at it, we
think they are going to turn profitable within the next year ‑‑
if they haven't already because the 2006 data is not out yet. So the comparison there is that this was a
service that had just launched in a very uncertain environment and yet it did
pay even more for it at the time.
So six years later, would that have been $2, $3,
$4 million? I would suspect it
would be a lot higher.
LISTNUM
1 \l 16187 So
the point of comparison is there that that was a service that had just launched
and was forecasting significant losses over the first start‑up years as
any digital specialty service had projected as well.
LISTNUM
1 \l 16188 COMMISSIONER
CRAM: Don't you think it is
relevant in terms of Commission concerns about the integrity of the licensing
process that they would do something to sweeten the deal in year
one of a licence if they wanted to acquire the totality of a licence?
LISTNUM
1 \l 16189 MR.
MOTA: I think that may have
been one of their considerations, but certainly I wasn't part of that
transaction. I couldn't speak
for them and knowing exactly what the thinking was in terms of ‑‑
LISTNUM
1 \l 16190 COMMISSIONER
CRAM: Yes. And you are fully aware of how we don't
particularly like people after year one transferring a licence.
LISTNUM
1 \l 16191 MR.
MOTA: I certainly am aware of that.
LISTNUM
1 \l 16192 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 16193 Now,
further down you say:
".. debt should be included
in the value of the transaction ..."
LISTNUM
1 \l 16194 I
see that when the purchaser is acquiring the debt. I don't see it when the seller is acquiring
the debt, because all I see is really a negative $15 million value to the
service.
LISTNUM
1 \l 16195 MR.
MAYSON: I mean, if there is a question
there ‑‑ I think our own sense of that is it was an
interesting discussion on the questioning of the ‑‑ was
interesting before hand.
LISTNUM
1 \l 16196 I
think we understand the issue better in terms of the debt being forgiven, in a
sense, by Corus before the transaction actually took place, but it seems to
me ‑‑ I think we still ‑‑ personally, as an
Association, I think we support the concept of debt being factored into the
value of a transaction.
LISTNUM
1 \l 16197 COMMISSIONER
CRAM: How would it be? How would it be here?
LISTNUM
1 \l 16198 MR.
MAYSON: In this case though, if I'm
understanding your question properly, I think by forgiving the debt, in our
view, there has been sort of an undervaluing of the actual value of the
transaction.
LISTNUM
1 \l 16199 Is
$1 million a fair price at that point?
It seems that there is a bit of a disconnect between the real value and
what was actually paid for it in the transaction.
LISTNUM
1 \l 16200 COMMISSIONER
CRAM: I'm sorry. The seller is netting out negative $15
million. How else can I look at that
value? They have $16 million in debt,
they are being paid $1 million, so they are therefore paying $15 million
to get rid of this.
LISTNUM
1 \l 16201 So
how do I factor that debt in any other way other than that?
LISTNUM
1 \l 16202 MR.
MAYSON: I will let Mr. Ellis
comment, too, but the point to us, though, it seems is that especially with a
related or partnership transaction it is very easily ‑‑ the
real value of the transaction may actually be undervalued and the benefits
could ultimately be undervalued as well.
LISTNUM
1 \l 16203 I
found Mr. Maavara's comments interesting that he had other offers for
additional dollars for the property. So
we are not necessarily saying its $16 million.
LISTNUM
1 \l 16204 I
think in principal debt is ‑‑ and I think the precedent
through the Commission debt has been established as being normally part of the
transaction, the difference being here whether it was assumed or not. I understand that.
LISTNUM
1 \l 16205 COMMISSIONER
CRAM: Yes, like it belongs to the seller
now. It doesn't belong to
the buyer.
LISTNUM
1 \l 16206 I'm
sorry, I just still don't understand the argument of any other way that we
could factor that debt into this.
LISTNUM
1 \l 16207 MR.
MAYSON: Have a crack at it.
LISTNUM
1 \l 16208 MR.
ELLIS: If I could explore that a little
bit. I mean we are obviously at this
table representing the interests of a number of documentary producers in Canada
who typically operate within a system where the broadcasters contribute I think
statistically about a quarter of the cost of making a documentary and
historically in at least the last 10 years a lot that the funding for
documentaries and the improvement in the spending on documentaries has come
about largely through public benefits levied by the Commission on the
consolidation and merger and acquisition of change of control of various
organizations.
LISTNUM
1 \l 16209 So
it doesn't surprise us that parties would come to this table ‑‑
not exclusively Corus and the CBC but others that have come before them in
recent history ‑‑ and organize their affairs in such a way as
to minimize the valuation so that the benefit which might be seen by those
parties as a tax on them, would be reduced.
LISTNUM
1 \l 16210 So
from where the producers sit you are absolutely right that technically there
isn't $16 million changing hands from the purchaser to the seller, but
conceptually, clearly ‑‑ it's clear in our minds that the $1
million valuation has been set, to some extent, in such a way as to reduce the
benefit that might otherwise flow to the independent sector and we are simply
trying to draw attention to that. As to
what it would be is open to question. I
mean Canada, you know, has ‑‑
LISTNUM
1 \l 16211 COMMISSIONER
CRAM: Wait, wait, wait. Excuse me.
LISTNUM
1 \l 16212 You
say we have reason to be suspicious and now I'm going to ask you why we have
reason to be suspicious.
LISTNUM
1 \l 16213 MR.
MAYSON: I certainly didn't use the word
"suspicious".
LISTNUM
1 \l 16214 COMMISSIONER
CRAM: I know, but you said in the past
people who would manage their affairs so as to avoid paying the benefits.
LISTNUM
1 \l 16215 So
you are saying we should be cautious.
LISTNUM
1 \l 16216 MR.
ELLIS: Well, yes. "Cautious" is the word I would use.
LISTNUM
1 \l 16217 When
I referred to recent history, I mean, there was a policy hearing ‑‑
and I don't think the decision is out on that at this point ‑‑
last fall in which this Association intervened and proposed a new way in which
benefits be calculated, partly in response to some transactions in which huge
amounts of technicalities were brought forth.
LISTNUM
1 \l 16218 The
way we see it, there should be a benefit to the industry. Historically, that is the way it has being
done. It is fairly discretionary on the
Commission's part as to how those dollar amounts have been arrived at. I mean, even the 10 percent is
technically a floor, but we don't see people rushing to offer 11 percent.
LISTNUM
1 \l 16219 I
mean, it's natural that the parties would only offer the minimum that they
might be required to do. I was
going to say that you know, it strikes me as similar to, you know, Canada
selling a nuclear reactor to another country and then loaning them the
money to pay for it and then forgiving the loan. I mean, so how do you interpret those
transactions.
LISTNUM
1 \l 16220 The
benefit is clearly there and clearly the fair market value is higher and that
the industry should benefit more significantly is I guess what we are saying.
LISTNUM
1 \l 16221 COMMISSIONER
CRAM: Would you, Mr. Ellis, have
paid more than that for a company that has consistently lost money and has no
hard assets?
LISTNUM
1 \l 16222 MR.
ELLIS: Well, assuming I had the
resources, to my way of thinking this is about real estate. The Documentary Channel is beachfront real
estate in a world which is rapidly transitioning to one in which everybody is
received digitally.
LISTNUM
1 \l 16223 So
while, as we pointed out, today 10 percent of Canadian households have
access to The Documentary Channel, or choose to have access to it, tomorrow
they will all be in the same boat. CBC
main network will be right alongside The Documentary Channel freely available
to everyone.
LISTNUM
1 \l 16224 So
in terms of the opportunity to hold a franchise in this space, I think it's an
amazing opportunity. And the ability of
any interest, whether they be private or public ‑‑ I mean the
opportunity obviously for the public broadcaster to get in on this at
$1 million bucks is absolutely amazing.
It is a huge, a huge ‑‑ you know, certainly
something ‑‑ I would reach for my chequebook to beat
$1 million bucks, if I had it.
LISTNUM
1 \l 16225 MR.
MAYSON: I would only add to that, too,
that I think when you look at the revenue numbers they are steadily increasing
and a move towards profitability within a year, I think things like that have
to be taken into account here.
LISTNUM
1 \l 16226 COMMISSIONER
CRAM: Thank you.
‑‑‑ Pause
LISTNUM
1 \l 16227 COMMISSIONER
CRAM: That's it.
LISTNUM
1 \l 16228 THE
CHAIRPERSON: Thank you very much,
gentlemen, for your intervention.
LISTNUM
1 \l 16229 Madam
Secretary...?
LISTNUM
1 \l 16230 MR.
MAYSON: Thank you.
LISTNUM
1 \l 16231 THE
SECRETARY: I would now ask The
Documentary Organization of Canada to appear and present its intervention.
‑‑‑ Pause
LISTNUM
1 \l 16232 THE
SECRETARY: Please introduce yourself and
you have 10 minutes for your presentation.
LISTNUM
1 \l 16233 Thank
you.
INTERVENTION
LISTNUM
1 \l 16234 MR.
McMAHON: Thank you.
LISTNUM
1 \l 16235 Mesdames
et messieurs du conseil, Commissioners, thank you for inviting us to present
our position on the proposed transfer of the ownership of the Canadian
Documentary Channel partnership from Corus Entertainment to the CBC.
LISTNUM
1 \l 16236 Merci
de nous inviter à présenter notre position sur le transfert de la propriété
proposée du The Documentary Channel.
LISTNUM
1 \l 16237 My
name is Michael McMahon and I am here today to represent the Documentary
Organization of Canada, a national, bilingual professional arts organization
representing 700 independent documentary film‑makers across Canada. I have been a DOC member for 10 years
and I am serving currently as a National Board Member and Co‑Chair of the
Toronto chapter.
LISTNUM
1 \l 16238 For
the past 17 years I have owned and operated Primitive Entertainment, a
production company based in Toronto specializing in feature documentaries and
documentary series. Primitive
Entertainment currently employs around 40 people full time and under
contract, and our work is the subject of a major retrospective at this years'
Hot Docs Film Festival.
LISTNUM
1 \l 16239 With
me here today to represent DOC are Peter Wintonick, to my left over there;
Sylvie Van Brabant and Danijel Margetic.
LISTNUM
1 \l 16240 Peter
is the winner of the 2006 Governor General's Award in Visual and Media
Arts. He is a prolific award‑winning
film‑maker and one of Canada's best‑known international
documentarians.
LISTNUM
1 \l 16241 Sylvie
it has been making point of view documentaries in Québec for 22 years, and her
latest production "A Force de reves" recently won the Jutra award for
Best Feature documentary.
LISTNUM
1 \l 16242 Danijel
is an emerging film‑maker, currently completing his second broadcast
documentary and he represents the new generation of DOC members.
LISTNUM
1 \l 16243 Peter...?
LISTNUM
1 \l 16244 MR.
WINTONICK: Thank you, Michael.
LISTNUM
1 \l 16245 Independent
documentary film‑makers and producers like our preceding colleagues often
find themselves performing an unenviable balancing act. We strive for our own creative expression,
while providing an invaluable public service by holding up a mirror to the
realities of Canadian society.
LISTNUM
1 \l 16246 At
the same time, we have to weigh our artistic and civic goals against the
realities of managing an independent business in an industry which has
increasingly kind of declining and limited resources.
LISTNUM
1 \l 16247 The
Documentary Organization represents 700 such documentarians from all corners of
Canada and The Documentary Channel is of great importance to each and every one
of us.
LISTNUM
1 \l 16248 MS
VAN BRABANT: We cannot support this
application for the purchase of The Documentary Channel in its current
form. We have stated our position in our
written submission and shared our concerns with the CBC, but to this date none
of the concerns regarding the loss of diversity or lack of mechanisms to
protect the interests of independent documentary producers have been addressed.
LISTNUM
1 \l 16249 MR.
McMAHON: We are deeply troubled by the
lack of transparency surrounding this transaction, particularly around the
issues of the valuations of The Documentary Channel and the proposed benefits
package.
LISTNUM
1 \l 16250 Peter...?
LISTNUM
1 \l 16251 MR.
WINTONICK: We strongly believe that the
stated value of the transaction of $1 million is arbitrarily low and does
not represent the fair market value of The Documentary Channel. If I had a chequebook I would give you
$1 million bucks for it, or maybe we will collect a bit of money from our
colleagues and we would like to make an offer.
But that's kind of a dream.
LISTNUM
1 \l 16252 The
DOC agrees with Corus' description of the $1 million purchase figure as
nominal. We would like to stress that
benefits packages should not be determined based on nominal values, but rather
on the estimates of real value of the transaction.
LISTNUM
1 \l 16253 DOC
feels that if the Commission were to use nominal values in determining
appropriateness of a benefits package, it would set the a dangerous precedent
which would allow other media owners to undervalue their purchases in order to
avoid or decrease the payment of benefits.
LISTNUM
1 \l 16254 In
their response, Corus has raised the question of whether adding the cost of an
increased benefits package to a breakeven service would truly be in the public
interest.
LISTNUM
1 \l 16255 CBC
has made it public that it intends to turn around The Documentary Channel
within, I guess year seven, in one to two years. In that case, the service will no longer be
breakeven. A more comprehensive benefits
package which includes additional licensing funds would certainly lead to an
increase in number of stories about Canadians, produced and directed by
Canadians. We believe that this would
truly be in the public interest.
LISTNUM
1 \l 16256 MR.
MARGETIC: DOC is increasingly concerned
about cross‑platform licensing, or what we call "forced tied
sales", which is another way of saying one licence spread over all of a
broadcaster's channels and assets.
Despite many requests to CBC regarding forced tied sales, DOC has not
received assurances that this won't happen with The Documentary Channel. CBC has said that the they will deal with
this issue on a case‑by‑case basis.
LISTNUM
1 \l 16257 We
are concerned that without specific licensing requirements or thresholds, there
are no safeguards in place to protect independent producers from the
overwhelming weight that broadcasters can exert in negotiations.
LISTNUM
1 \l 16258 DOC
would like to see included in the conditions of licence a commitment that under
CBC stewardship The Documentary Channel will commission a minimum of
26 hours of prime time one‑hour documentaries and an additional five
feature documentaries, with no requirement for cross‑platform licensing.
LISTNUM
1 \l 16259 MR.
WINTONICK: Over the last five years The
Documentary Channel has established itself as an important venue for
independently produced Canadian feature length documentaries, despite the fact
that the conditions of licence for The Documentary Channel do not specifically
require programming of feature length documentaries. These independently produced documentaries
have achieved both critical and box office success, but have no comparable
source of funding or exhibition venue in the Canadian broadcast market,
including the national public broadcaster.
LISTNUM
1 \l 16260 To
date, CBC has not agreed to maintain the current level of feature length
programs subsequent to the purchase.
Therefore, should the Commission decided to issue a licence to the
applicant, we recommend that the conditions of licence include prime time
programming of newly commissioned and acquired independent feature length
documentaries. We believe that waiting
until the next licence renewal would jeopardize this important element of
Canada's cultural landscape.
LISTNUM
1 \l 16261 MR.
McMAHON: CBC has been increasing its interest
in reality or, in their terms, factual entertainment programming. To further complicate the matters, CBC has
indicated that in their view documentaries and factual entertainment share some
of the same attributes. As CBC has
neglected to explain what these similar attributes are, DOC is concerned that
this attitude will result in inevitable replacement of documentaries by reality
programming.
LISTNUM
1 \l 16262 Documentaries
are intended to educate, enlighten, inspire, surprise, as well as entertain. They allow us to discover truths about
ourselves and our society. The sad
reality of reality programming is that it is cheap to produce in relation to
other types of programming.
Consequently, we fear that high‑quality documentary programming
will be displaced by factual entertainment.
LISTNUM
1 \l 16263 Thus,
we urge the Commission to ensure that factual entertainment, i.e.,
Category 11 programming is not included as part of the programming on The
Documentary Channel.
LISTNUM
1 \l 16264 Although
this has not been determined at this date, there is a distinct possibility that
the CTF envelope previously awarded to The Documentary Channel will stay with
Corus if the sale goes forward. This
would result in a nearly $300,000 loss to the commissioning budget of the
channel. DOC is concerned that this
decrease in available CTF funds will lead CBC to increase the presence of in‑house
programming on The Documentary Channel.
LISTNUM
1 \l 16265 The
current conditions of licence allow for up to 75 percent of all programs
broadcast to be produced in‑house.
To this date, in‑house programming on The Documentary Channel has
been non‑existent due to a lack of in‑house resources. Consequently, independent producers have
enjoyed greater access to on‑air exposure and licensing funds.
LISTNUM
1 \l 16266 DOC
feels that without safeguards in place, independent documentary producers will
be forced to compete with CBC's formidable in‑house production team for
limited funds and programming real estate.
LISTNUM
1 \l 16267 As
we have received no assurances from the CBC to the contrary, we would like a
condition of licence to be included which would prohibit any additional in‑house
programming, aside from existing output deals with the CBC, on The Documentary
Channel. Waiting until the next licence
renewal to implement this condition would unduly disadvantaged the independent
documentary producers.
LISTNUM
1 \l 16268 MS
VAN BRABANT: CBC a fait des
consultations auprès des producteurs indépendants, mais suite à une de nos
requêtes, CBC a refusé de considérer un point crucial : l'indépendance
créatrice et administrative du DOC Channel.
De plus, des informations semblent nous indiquer que Kirsten Layfield,
le directeur de la programmation à CBC, aura une emprise directe sur les
décisions concernant la programmation de DOC Channel.
LISTNUM
1 \l 16269 Nous
croyons qu'à moins que l'administration et les directeurs de la programmation
de DOC Channel puissent jouir d'une liberté créatrice et d'une indépendance de
contenu, nous risquons d'assister à une diminution de la diversité des
productions documentaires et à une disparition déplorable d'une diversité de
points de vue d'auteurs sur des sujets d'intérêts pour tous
les Canadiens.
LISTNUM
1 \l 16270 Canada
is a wonderfully multicultural, multiracial, multifaceted nation of immigrants
and aboriginal people who have chosen to live together in this beautiful
northern land. Documentaries created by
our members reflect our rich diversity of thought and landscape. However, we are deeply concerned that this
multiplicity of visions and variety of voices is not adequately reflected in
the range of films and TV programs broadcast on our national TV networks.
LISTNUM
1 \l 16271 L'acquisition
de Documentary Channel par CBC aggrave notre inquiétude et accentue une tendance
déjà alarmante à la concentration des médias de diffusion. Voyons‑le comme une autre porte qui se
ferme au nez des créateurs aux idées nouvelles, ou comme une autre oreille qui
devient sourde aux propositions des cinéastes.
C'est, finalement, un autre écran qui n'est plus disponible pour la
diffusion de la diversité de pensée et de culture du Canada. Tout cela risque de nuire grandement à
l'évolution culturelle de notre jeune pays.
LISTNUM
1 \l 16272 Pour
ces raisons, et à cause des autres problèmes signalés dans notre proposition,
nous ne pouvons pas appuyer cette demande telle que déposée. Nous pourrions par contre appuyer une requête
qui tienne compte des recommandations de DOC et des autres intervenants.
LISTNUM
1 \l 16273 Nous
remercions la Commission de nous avoir fourni l'occasion d'exprimer nos
inquiétudes et de formuler nos recommandations.
S'il y a lieu, il nous fera plaisir de répondre à toutes vos questions.
LISTNUM
1 \l 16274 Merci.
LISTNUM
1 \l 16275 THE
CHAIRPERSON: Commissioner del Val...?
LISTNUM
1 \l 16276 COMMISSIONER
del VAL: Thank you for your
intervention.
LISTNUM
1 \l 16277 I
note that this document from which you just read must have been prepared prior
to your hearing the CBC's presentation just earlier.
LISTNUM
1 \l 16278 I
am wonder, after having heard what CBC had to say, and Corus had to say, can
any of the concerns in this document that you just read from be taken off the
table now?
LISTNUM
1 \l 16279 MR.
McMAHON: Yes. I think Mr. Stursberg's commitments to
maintain the level of funding for The Documentary Channel is welcome
and admirable.
LISTNUM
1 \l 16280 The
current CTF envelope, for example, is about $288,000. We believe The Documentary Channel has
actually spent more than that in commissioning Canadian documentaries.
LISTNUM
1 \l 16281 Obviously
we would be happy to see a hard number attached to that of some of the
substantial CTF funds received by the CBC on an annual basis specifically for
documentaries and, most importantly, feature length documentaries. As The Documentary Channel came on line six
years ago, it became for us a very exciting proposition that there was a venue
that was servicing this woefully under served genre which we excel at as
Canadian film‑makers and we would like to see a substantive level of
funding commitment to that genre and to that form on The Documentary Channel
that is not licensed across many channels ‑‑ or the other
broadcast assets owned by the CBC.
LISTNUM
1 \l 16282 MR.
MARGETIC: If I may...?
LISTNUM
1 \l 16283 COMMISSIONER
del VAL: Sorry. Of course.
LISTNUM
1 \l 16284 MR.
MARGETIC: If I may, it depends on what
number we are actually talking about, since we haven't heard a hard number, as
Michael has said, and including the fact that between 2005 and 2006 there was a
sharp increase in the amount of funds that The Documentary Channel has expended
on independently produced programming.
LISTNUM
1 \l 16285 In
2005 they have dipped into their CTF funding to the extent I believe of close
to $300,000, while in 2006 that figure had nearly doubled, or practically
doubled to $600,000. So if they were
talking about maintaining the level of spending that was existent in 2006, we
would welcome Mr. Sturberg's commitment.
LISTNUM
1 \l 16286 COMMISSIONER
del VAL: Thank you.
LISTNUM
1 \l 16287 So
aside from that one area where you see perhaps your concern having been
somewhat allayed ‑‑ but not completely, I acknowledge
that ‑‑ every one of your other concerns remain the same.
LISTNUM
1 \l 16288 Should
I conclude that?
LISTNUM
1 \l 16289 MR.
McMAHON: Yes.
LISTNUM
1 \l 16290 COMMISSIONER
del VAL: All right.
LISTNUM
1 \l 16291 I
have read your intervention, listened to you today, I have also read the
replies that the applicants have made.
At some point the parties may just have to agree that they disagree
and that there may not be a way to resolve all of your concerns.
LISTNUM
1 \l 16292 On
the value of the transaction I hope you have also had an opportunity to hear
CFTP ‑‑
LISTNUM
1 \l 16293 MR.
McMAHON: We did. Yes, indeed.
LISTNUM
1 \l 16294 COMMISSIONER
del VAL: All right.
LISTNUM
1 \l 16295 Do
you have anything more to add to what they had to say about how we should look
at that debt of $15.2 million having been forgiven?
LISTNUM
1 \l 16296 MR.
McMAHON: I think the value of the
channel at $1 million seems to us to be quite low ‑‑ that is a
given ‑‑ and that the benefits package of 10 percent
being based on that valuation, $100,000 over five years, it is actually ‑‑
in terms of I think what concerns our members is not so much the usefulness of
the benefits package going forward, because actually very few films are going
to get made with that kind of money.
LISTNUM
1 \l 16297 I
think what we are concerned with is that it sets a dangerous precedent, not
only now but for future transactions that this Commission may examine and how
these transactions are valued. We also
take into account with the similar transaction with Country Canada where a
benefits package of $425,000 was offered and was well above the 10 percent of
the acquisition price.
LISTNUM
1 \l 16298 So,
you know, in terms of what more we can add, we just don't think it is a fair
valuation. You know, we just don't think
so.
LISTNUM
1 \l 16299 COMMISSIONER
del VAL: I think valuation is very much
of an art more than a science.
LISTNUM
1 \l 16300 You
know, I have to admit that when I first read your intervention I had difficulty
understanding the logic of adding the debt under these circumstances to the
value and therefore arriving at $16 million, I read the replies, which appeared
to me was a more conventional way of rationalizing the valuation, I have
listened to the parties today, and I cannot come around to how you want us to
look at the debt. You know, I think in
black and white it's a large liability.
LISTNUM
1 \l 16301 So
I just want to give you a final chance, you know, if you think I have missed a
way of looking at it.
LISTNUM
1 \l 16302 MR.
McMAHON: I appreciate the chance. Thank you.
LISTNUM
1 \l 16303 I
guess, as Mr. Ellis said, this is about real estate and it is, for us,
primarily about diversity and competition in the marketplace. We see that being diminished by this
transaction.
LISTNUM
1 \l 16304 So
one of the things we are trying to draw attention to is how they have valued
the channel and what is going to be in the public interest and the interest of
the community at large.
LISTNUM
1 \l 16305 If
the Commission chooses to accept that the debt is written off, and therefore
the true value of the transaction is $1 million, then so be it.
LISTNUM
1 \l 16306 We
feel that something more in the order of $300,000 to $500,000 as a benefit
package would be more appropriate, given the value of the way we see the
value in our minds of what this transaction is.
LISTNUM
1 \l 16307 COMMISSIONER
del VAL: Thank you.
LISTNUM
1 \l 16308 You
know, the public interest aspect, I don't know whether you heard
Mr. Maavara's reply, there is also the public interest that we have to
take into account, that then the public corporation was not burdened by the
debt which, you know, is funded by public purse. That is another perspective.
LISTNUM
1 \l 16309 MR.
MARGETIC: I believe we were made to
believe that the CBC has made it public that they were dipping into funds for
purchase of the channel that weren't tied to the public purse. So they have made that publicly open.
LISTNUM
1 \l 16310 COMMISSIONER
del VAL: Those are my questions.
LISTNUM
1 \l 16311 Thank
you very much.
LISTNUM
1 \l 16312 MR.
McMAHON: Thank you.
LISTNUM
1 \l 16313 COMMISSIONER
del VAL: Thank you, Madam Chair.
LISTNUM
1 \l 16314 THE
CHAIRPERSON: Vice Chairman French...?
LISTNUM
1 \l 16315 COMMISSIONER
FRENCH: In effect, it seems to me, and
you will tell me if I'm wrong, what you are saying to us is that Corus has
invested a significant amount of money in a channel, it is being purchased as a
going concern, and in your mind the debt is somehow a proxy for some residual
value as above and beyond the $1 million that is being transferred to CBC in
this transaction. However, you are not
too sure about what proportion of that $15 million ought to be considered as
part of the value of the transaction.
LISTNUM
1 \l 16316 Is
that a fair way of stating your argument?
LISTNUM
1 \l 16317 MR.
McMAHON: Yes, okay. Yes.
LISTNUM
1 \l 16318 COMMISSIONER
FRENCH: I guess what I am searching for
is: What would Corus' incentive for
accepting less than market value in fact be?
LISTNUM
1 \l 16319 I
mean, they are retaining all the debt.
You claim the asset they are transferring is worth more than $1 million,
which is a claim that is a fair claim, but what we don't have is an explanation
of why Corus would want to alienate this asset that it is in a reasonably good
position to judge the value of for less than what you claim to be the value.
LISTNUM
1 \l 16320 MR.
MARGETIC: I must say that the reason why
we are so strong in our opinion that the valuation is less than what we believe
is because we equally do not understand why a private corporation would divest
itself of its property at a loss.
LISTNUM
1 \l 16321 COMMISSIONER
FRENCH: But, Mr. Margetic, you are
leaving us with a mystery and I am inviting you to help us try to solve the mystery. I confess that ‑‑ let's
suppose that I accepted the basic premise that this was beachfront property and
that CBC was running away with in an enormous bargain, what kinds of
considerations would you suggest to us?
LISTNUM
1 \l 16322 Should
we consider 25 percent of the debt as a baseline, or should we simply say that
in a transfer of an asset of this nature benefits should never be less than
some absolute amount of money?
LISTNUM
1 \l 16323 Help
us a little, because just inviting us to solve a conundrum which you have
been unable to solve yourself is perhaps not completely helpful.
LISTNUM
1 \l 16324 MR.
McMAHON: Perhaps the Commission could
consider the transfer of Country Canada as similar in terms of the percentage
that was offered at that time for the benefits package when examining this
particular transaction.
LISTNUM
1 \l 16325 I
think we are dwelling quite a lot on the issue of valuation when I think the
substantive issues to the community at large are about competition in the
marketplace and diversity of choice for producers. This is merely one issue in this transaction
that has caused us some concern, but the larger issues are diversity in the
marketplace, choices for producers to sell their products, competition and the
issues around surrounding in‑house production on The Documentary Channel
going forward. So these other issues are
significant as well to us.
LISTNUM
1 \l 16326 COMMISSIONER
FRENCH: Well, if I take that
intervention to mean that we have put the valuation issue to bed in your minds,
I guess we will retain that your view is that we should try to consider other
comparables and see whether this particular transaction is, in our eyes, an
outlier, as you claim, or whether in fact it can reasonably be accommodated
within the existing precedents in the marketplace.
LISTNUM
1 \l 16327 Is
that your final word on the value of the transaction?
LISTNUM
1 \l 16328 MR.
McMAHON: Yes. We would ask you to look at earlier
precedents of the same nature, yes.
LISTNUM
1 \l 16329 COMMISSIONER
FRENCH: All right.
LISTNUM
1 \l 16330 Now,
you are worried about concentration. In
fact, Madam Van Brabant en français engages in some rather extreme
language ‑‑ which I am not sure I found entire applicable or
appropriate ‑‑ but, in any event, apparently where we would be
in approving this transaction sitting passively by while another opportunity is
refused to creative people, a deaf ear is turned to their ideas.
LISTNUM
1 \l 16331 What
is your solution? What do you suggest if
indeed this represents undue concentration in the market for documentary films
in Canada?
LISTNUM
1 \l 16332 MS
VAN BRABANT: Well, we were worried that
there would be forced tied sales, that as soon as The Documentary Channel
would have it it would also be going towards Newsworld, that it would
be crossed.
LISTNUM
1 \l 16333 Now,
Mr. Stursberg today seems to be saying that this will not be the case, so we
wanted just to be assured about that.
LISTNUM
1 \l 16334 COMMISSIONER
FRENCH: So not withstanding what Mr.
Stursberg said, you went ahead and said this and now you are telling us really
that is a bit of an exaggeration and that is not really your current position?
LISTNUM
1 \l 16335 MS
VAN BRABANT: We were deeply worried that
there would be a loss of diversity because The Documentary Channel has been a
great place for documentary film‑makers to air their productions, and it
has been successful with regards to critical acclaim, and we just want that to
be maintained of course, and we were worried that if it was just one place,
with control with regards to commissioning coming from the CBC, that this would
create a loss of diversity.
LISTNUM
1 \l 16336 COMMISSIONER
FRENCH: I understand your worries, Madam
Van Brabant, but what I'm asking you is:
As a practical matter, beyond expressing your anxieties and your worries
to us, what specifically are you suggesting?
LISTNUM
1 \l 16337 Are
you suggesting that the Commission attempt, in one way or another, to prevent
the CBC from showing documentaries it acquires for The Documentary Channel on
other platforms and acquiring the rights to show it on those other platforms?
LISTNUM
1 \l 16338 Is
that specifically what you are asking us to do?
LISTNUM
1 \l 16339 MR.
MARGETIC: If I may jump in, no. But we
would respectfully request, both from the Commission and the CBC, that the producers
are adequately compensated for those productions which cross platforms.
LISTNUM
1 \l 16340 COMMISSIONER
FRENCH: Well, I'm afraid you will have
to point to that part of our regulatory armoury which would permit us to do
that, Mr. Margetic. I mean, what is
it specifically?
LISTNUM
1 \l 16341 You
know, I understand you would like a better deal. Every time we talk to the producers they want
a better deal, they don't like the terms of trade, and I do sympathize and
understand that.
LISTNUM
1 \l 16342 We
don't regulate the terms of trade, however, so what is it you want us to do?
LISTNUM
1 \l 16343 MR.
McMAHON: We would like to see as a
condition of the licence that the money that is spent of commissioning
documentaries for The Documentary Channel is for The Documentary Channel per
se, that this is not something that we would see our membership losing
potential revenue and having to sell to three or four separate outlets for the
same licence fee.
LISTNUM
1 \l 16344 This
is a major concern to us. We may not be
articulating this as well as we could, but for us we see a venue disappearing
and we would like to know that the funding mechanisms that were in place
and the types of films that were being produced for that channel will survive
this transaction. We are asking the
Commission to help us ensure that this is in fact one of the ‑‑
if the transaction is approved, is one of the conditions of the licence that is
issued going forward.
LISTNUM
1 \l 16345 COMMISSIONER
FRENCH: All right.
LISTNUM
1 \l 16346 On
the question of the approval of the transaction, if I may with the greatest of
respect say, that neither you nor your predecessors, your immediate
predecessors, have suggested anything but an approval of the transaction. That is all you have suggested. You haven't suggested anything else. So clearly you are leaving us ‑‑
you are telling us what conditions you would like us to apply to the approval
of the transaction. You have no other
suggestions.
LISTNUM
1 \l 16347 MR.
McMAHON: I'm sorry, I don't ‑‑
could you restate that, please?
LISTNUM
1 \l 16348 COMMISSIONER
FRENCH: One of the conditionals in your
response, Mr. McMahon, was "if you approve the transaction", and I
merely wish to observe to you that neither you, nor the group that appeared
before you, Mr. Mayson and his colleagues, suggested that we not approved the
transaction.
LISTNUM
1 \l 16349 You
don't have another solution. Neither do
we. I'm just pointing that out to you.
LISTNUM
1 \l 16350 It
is not as if we are in some way choosing among a range of alternatives for the
future of The Documentary Channel. There
is only one future, as far as we know, nor have you evoked any alternative.
LISTNUM
1 \l 16351 So
it is going to be approved, as far as I can tell, since no one has said it
should not be approved. We are just
talking about the conditions.
LISTNUM
1 \l 16352 It
seems to me then, if we are talking about the conditions ‑‑
this is an observation I make to you, if we are talking about the conditions
what you are in effect saying to us, I think ‑‑ let me try and
you tell me if I'm wrong ‑‑ we are worried that the CBC
becomes, in effect, the sole trustee or owner of this channel. Under its previous ownership it was more
difficult for that channel to try to acquire all of the rights to independent
documentaries from independent producers and under the CBC's ownership it will
be easier for them, I guess because they have more platforms at their
disposition and the purchasing entity will be 100 percent owned by the CBC.
LISTNUM
1 \l 16353 Is
that a fair way of expressing your concerns?
LISTNUM
1 \l 16354 MR.
McMAHON: Yes, it is. And that if you license something to
Newsworld it will automatically be licensed for The Documentary Channel,
whereas that is a situation that would not have existed in the past.
LISTNUM
1 \l 16355 COMMISSIONER
FRENCH: Under the current.
LISTNUM
1 \l 16356 So
what you are in effect saying is: As
independent producers we would be looking to the CRTC to try to be sensitive to
and alert to and protective of our freedom to control the rights of our productions
and not put us in a sort of monopsonistic situation whereas documentary
producers, if we want to go on television there is only one buyer and we have
to bow to the exigencies or demands of that one buyer.
LISTNUM
1 \l 16357 Is
that what you are saying?
LISTNUM
1 \l 16358 MR.
McMAHON: Yes.
LISTNUM
1 \l 16359 COMMISSIONER
FRENCH: All right. Fair enough.
LISTNUM
1 \l 16360 It
is another matter what instruments we use to do it, but I understand perfectly
what you are saying.
LISTNUM
1 \l 16361 I
know that my colleague has some questions so I will let her go ahead. I have a couple of other questions I would
like to discuss with you.
LISTNUM
1 \l 16362 Do
you want to go ahead.
LISTNUM
1 \l 16363 COMMISSIONER
CRAM: I apologize, Mr. McMahon, for
going back to the valuation, however I suggest to you, and every intervenor
that is going to be coming to the CRTC in the future, that when you put an
assertion in a document before us it may well be that the Commission will be
far more stringent that you would provide proof in the future.
LISTNUM
1 \l 16364 So
I ask you, and every intervenor, to be very careful of the assertions you
make in interventions.
LISTNUM
1 \l 16365 MR.
McMAHON: All right.
LISTNUM
1 \l 16366 COMMISSIONER
CRAM: Mr. Wintonick, I hear you
referring to saying you would pay $1 million for this channel. That's not the point, is it, because you
would have to get Corus to keep the debt.
So in order to leave Corus in the same position, it is in their
discretion as to whether they eat that debt or not.
LISTNUM
1 \l 16367 So
to leave Corus in the same position, because I don't think they are going to
be charitable to you as a documentary producer ‑‑ as
charitable as they would be to CBC ‑‑ you would have to pay,
to get them in the same position, negative $15 million and pay $1 million
for it, you would have to pay $16 million.
LISTNUM
1 \l 16368 So
would you be willing to pay $16 million?
LISTNUM
1 \l 16369 MR.
WINTONICK: So then $16 million is
your evaluation of it?
LISTNUM
1 \l 16370 COMMISSIONER
CRAM: No, I'm saying ‑‑
LISTNUM
1 \l 16371 MR.
WINTONICK: It is the kind of logical
question we are getting into here.
LISTNUM
1 \l 16372 For
me it is kind of interesting that a public institution is buying a private one,
but we will leave that kind of question aside.
LISTNUM
1 \l 16373 I
don't know if this was floated in the kind of free market, this
transaction. I mean, it seemed to be a
kind of fait accompli to me. So we don't
really know.
LISTNUM
1 \l 16374 There
is a statement that it is worth $1 million.
Did you ask them to prove that it is valuated at $1 million? I didn't hear that, but we will leave that to
them.
LISTNUM
1 \l 16375 So
it wasn't really offered, we will say, The Documentary Channel, on the free
market, so we don't really know what the value is, I would say, as a kind of
logical statement.
LISTNUM
1 \l 16376 COMMISSIONER
CRAM: And you think Corus, as a publicly
traded company, would be selling under value?
LISTNUM
1 \l 16377 MR.
WINTONICK: No, I'm sure they are
responsible to their shareholders in Manhattan.
I'm sure they are.
LISTNUM
1 \l 16378 COMMISSIONER
CRAM: The one issue that I think was a
concern in your brief was the CTF envelope going to Corus.
LISTNUM
1 \l 16379 Surely
it would follow the licence, wouldn't it?
LISTNUM
1 \l 16380 MR.
McMAHON: We have no idea. I don't know that anyone does. It is unclear. And we have made efforts to understand what
would happen in that case and we have spoken to the CTF. We have not been able to get an answer.
LISTNUM
1 \l 16381 We
only draw attention to it because it is a small amount of money, it has a few
hundred thousand dollars, not many films get made with that kind of money, but
to our community it is significant. You
know, CBC has undertaken today on the record to say they will continue to spend
the same amount of money.
LISTNUM
1 \l 16382 We
believe more than that has been spent, but technically the envelope is
$288,000. We welcome the commitment to
spend money.
LISTNUM
1 \l 16383 What
we would like to see is a significant portion of the CBC's CTF envelope going
towards documentaries and documentaries specifically for The Documentary
Channel.
LISTNUM
1 \l 16384 Just
on the whole issue of valuation, with respect, we see $100,000 coming to the
community over five years in the form of scholarship held up against the loss of
a really interesting venue for our work.
This is part of the reason why we have raised it as an issue, because
that is how we measure it in terms of what we are losing over what we are
gaining, or what the community is gaining I should say.
LISTNUM
1 \l 16385 COMMISSIONER
CRAM: Yes. Well, I guess I can suggest to you that other
Category 1s have gone black in the past and so I'm not too clear that you are
not looking a gift horse in the mouth.
LISTNUM
1 \l 16386 Thank
you.
LISTNUM
1 \l 16387 THE
CHAIRPERSON: Vice Chairman French...?
LISTNUM
1 \l 16388 COMMISSIONER
FRENCH: Could I just ask you to
help the Commission to understand a little bit why now and not at the point of
the renewal of licence for many of the changes?
Because, in effect, what you are saying is: The transaction has occurred, you have to add
a whole bunch of new conditions of licence.
LISTNUM
1 \l 16389 I
mean, I guess we could do it but it is not something we do in the normal
course. After all, the buyer has to know
what the conditions of licence are in order to make a fair transaction.
LISTNUM
1 \l 16390 I
have suggested to you that one of our problems here is that we haven't got a
real understanding or a rationale for why Corus should act irrationally and
alienate an asset that was worth more than the selling price to them and,
beyond that, the Commission isn't in the habit of complicating transactions by
adding conditions of licence at the moment of the transaction.
LISTNUM
1 \l 16391 So
maybe you could explain why you think now rather than in what would be about
two years?
LISTNUM
1 \l 16392 MR.
MARGETIC: There are two
reasons, two main reasons why.
Because two conditions ‑‑ there is a condition of
licence that hasn't been exercised so far on The Documentary Channel and that
is the possibility for up to 75 percent in‑house programming. That has not been exercised so far due to the
fact that The Documentary Channel had no capacity for in‑house
programming.
LISTNUM
1 \l 16393 So
since the CBC does have that capacity, that would mean that as this transaction
goes through independent producers will have to compete with, as we have said,
a quite formidable CBC in‑house production team.
LISTNUM
1 \l 16394 The
second reason why is feature length documentaries which have not been included
in the condition of licence of The Documentary Channel but which The
Documentary Channel commissioning editors and managers have undertaken to
program and commission on their channel.
These documentaries have had quite a significant critical and financial
success in Canada and around the world and they have absolutely no comparable
source of financing in the Canadian broadcasting universe, including the
national public broadcaster.
LISTNUM
1 \l 16395 I
would specifically add that I am referring to independent Canadian feature
length docs. Although the CBC has aired
feature length documentaries in recent years, most of them have been either
acquisitions, foreign acquisitions, or co‑productions with other foreign
broadcasters.
LISTNUM
1 \l 16396 MR.
McMAHON: We also understand that the
nature of this transfer requires the Commission to issue a new licence for the
balance of the licence term, if I understand that correctly, and that it would
be appropriate to ask the Commission to put conditions on that licence for a
new controlling partner in the channel.
That is why, yes.
LISTNUM
1 \l 16397 COMMISSIONER
FRENCH: You do understand the
complications for a capital market in broadcasting assets where the Commission
makes a habit of changing the rules after the original price and terms and
conditions have been settled. I mean,
there is a public policy problem there.
You do see it?
LISTNUM
1 \l 16398 I'm
sorry Mr. Margetic, you said in effect there is a condition of licence that has
never been exercised because there has never been any independent production
capacity associated with The Documentary Channel. But the condition of licence is there and all
you are saying to us then is "Please keep it"?
LISTNUM
1 \l 16399 MR.
McMAHON: No. We would like to ensure that CBC in‑house
production is not a feature of The Documentary Channel, is not being produced
for The Documentary Channel.
LISTNUM
1 \l 16400 COMMISSIONER
FRENCH: So they will do no in‑house
production for The Documentary Channel?
LISTNUM
1 \l 16401 MR.
McMAHON: Yes, that is what we would
like. We would like for the independent
community to be producing the programs on The Documentary Channel.
LISTNUM
1 \l 16402 COMMISSIONER
FRENCH: I guess, on the second one,
on the feature length independent documentaries, you know, if they were a critical
and financial success, why would we have to make it a condition of licence?
LISTNUM
1 \l 16403 MR.
MARGETIC: Primarily because they are
generally a financial success for the distributor who distributes them
theatrically and, second, because they cost a lot to produce, which potentially
we see as being prohibitive in terms of licensing by the CBC. They may not undertake critical success for
fear of losing out on the bottom line.
LISTNUM
1 \l 16404 COMMISSIONER
FRENCH: Well, I thank you very
much. I thank you very much for your
point of view.
LISTNUM
1 \l 16405 I
retain that we should look at some comparables before we passively sign off on
the benefit level. We should say we
don't know what portion of this existing debt ought to be applied to the value,
but we could at least ask ourselves in other transactions within the last three
or four years of similar broadcasting assets what level of benefits we looked
at and that might be a guide for the Commission with respect to the benefits it
might require here.
LISTNUM
1 \l 16406 I
must say ‑‑ and I hope it will be taken in the spirit in which
I offer it, and I'm not speaking specifically of you here because it applies
across the board ‑‑ it is disappointing that the level of
trust and confidence between producers in both language groups, and principal
acquirers of the programming in both language groups, is so low.
LISTNUM
1 \l 16407 It
is a troubling phenomenon and I have to say, in all honesty, I'm not sure that
the Commission and the Department of Heritage are going to be able to sustain,
in the world that we are now going to move into, a degree of detailed control
over the nature of those relationships that I think you and other producer
groups are seeking. Even with the
best ‑‑ if we wanted to I'm not sure we are going to be able
to do it.
LISTNUM
1 \l 16408 I
know that means a wrenching change for you, it also, by the way, means a
wrenching change for the programmers who are facing other forms of competition,
some of it unregulated as they tell us regularly, and I can't help but feel
that your ‑‑ not you in particular, but that this problematic
is being worked out in detail for specific things like conditions of licence
and benefit packages, and so forth, while the world outside is going in an
entirely opposite direction and, by the way, the political support for that, I
mean partisan political support for that, is eroding.
LISTNUM
1 \l 16409 I
don't ask you to have any sympathy for us because I know you have a much more
difficult time then people who know where the paycheque is coming at the
end of the month, et cetera, so I'm not in any way comparing our situation to
those of you who have to live in a real world which is a difficult one, as you
pointed out, but it does make it practically difficult for the Commission, not
as individuals but as an institution, even to sustain the degree of
protection that it has been able to create for some of the players.
LISTNUM
1 \l 16410 I
know it's not much fun, but you may want to reflect on the capacity of the
state, even if the state were completely willing to continue to create the kind
of intervention and protection at the detailed level that you are seeking.
LISTNUM
1 \l 16411 I
don't ask you to respond. I say to
you ‑‑ I hope you will hear it sincerely, because I am saying
it sincerely ‑‑ it doesn't mean that we don't take seriously
the issues that you have race, it is just that we have to ask you difficult
questions in order to understand what your point is and where you are trying to
go. I appreciate your attempts to answer
those questions.
LISTNUM
1 \l 16412 MR.
McMAHON: We certainly
appreciate the opportunity to present our concerns and we do
understand that the landscape is shifting around us all dramatically as we sit
here and try to fight for small details.
LISTNUM
1 \l 16413 I
would like to say in closing that with ‑‑
LISTNUM
1 \l 16414 COMMISSIONER
FRENCH: Excuse me, I don't want to necessarily say it is
closing, Mr. McMahon. There may be
other questions.
LISTNUM
1 \l 16415 MR.
McMAHON: Oh, I'm sorry. All right.
LISTNUM
1 \l 16416 COMMISSIONER
FRENCH: That was for me only.
LISTNUM
1 \l 16417 MR.
McMAHON: Sorry. Okay.
LISTNUM
1 \l 16418 COMMISSIONER
FRENCH: We will promise to give you a
chance at the end to summarize as you wish, all right.
LISTNUM
1 \l 16419 MR.
McMAHON: Sorry, it is my first
appearance before this Commission.
LISTNUM
1 \l 16420 I
would like to say, just on the note of lack of trust, our appearance here today
is to fight for something that we believe in and we would like to say that DOC
does support public broadcasting. We see
it as the green space in the broadcast landscape that a shifting around us.
LISTNUM
1 \l 16421 We
by no means meant to cast aspersions on public broadcasting or on the CBC's
role, just we are looking for basically those little details that you say
may be becoming more irrelevant as we go forward.
LISTNUM
1 \l 16422 THE
CHAIRPERSON: Vice Chairman Arpin...?
LISTNUM
1 \l 16423 COMMISSIONER
ARPIN: Thank you, Madam Chair.
LISTNUM
1 \l 16424 Well,
in light of the discussion you just had with Vice Chair French, I don't know if
what I will say will help you much better, but maybe the first one will.
LISTNUM
1 \l 16425 Mr.
McMahon, in your presentation today you were referring to reality TV and
factual entertainment. I note that in
the nature of service of The Documentary Channel they are not authorized to
broadcast any Category 11 programming.
LISTNUM
1 \l 16426 So
that may alleviate the situation of seeing The Documentary Channel turn
into a reality TV station.
LISTNUM
1 \l 16427 On
the other hand, your request that the CTF envelope be maintained directly to
The Documentary Channel, well, as you probably know the CRTC does not have the
oversight of the CTF. That is the
purview of Heritage Canada, so that decision cannot be made by the CRTC.
LISTNUM
1 \l 16428 But
I will also say that more than likely the Board of Directors of the CTF is
in a position to also make that decision and CFTPA and APFTQ ‑‑
which some of your members are probably also members of ‑‑
have three seats on the CTF, so it is more or less to them that you have
to start talking first.
LISTNUM
1 \l 16429 Now,
I also heard you saying that you don't want the Commission to get involved
in terms of trade. Obviously when we had
the over‑the‑air television review these matters were discussed and
all the producers to whom that question was asked all said the same
thing: We don't want the CRTC to get
involved in terms of strength.
LISTNUM
1 \l 16430 You
just stated that to Mr. French, so I think the discussion maybe has been
worthwhile. Maybe the CBC will pick up
on it and may make some further commitments when they will appear in rebuttal
or at other opportunities for discussion with you.
LISTNUM
1 \l 16431 Thank
you.
LISTNUM
1 \l 16432 MR.
McMAHON: Yes. Thank you.
LISTNUM
1 \l 16433 Did
you want to say something?
LISTNUM
1 \l 16434 MR.
MARGETIC: If I may, the reason why we
are concerned about factual programming is because CBC is on the record as
saying that they see similarities, strong similarities, between documentaries
and factual programming without having defined what they see as those
similarities.
LISTNUM
1 \l 16435 So
what we are concerned about is, having what is commonly Category 11, and what
would be considered Category 11, be labelled factual programming which is akin
to documentary and sneak under the documentary rubric since CBC has not
provided us with a clear definition of how the two are similar.
LISTNUM
1 \l 16436 CHAIRPERSON: Mr. McMahon, we don't have any further
questions for you, but if there was something that you would like to
say ‑‑ I know you started when you were discussing with
Mr. French "In closing".
LISTNUM
1 \l 16437 If
there is one final statement that you would like to make, I would like to give
you this opportunity to do that right now.
LISTNUM
1 \l 16438 MR.
McMAHON: No, I appreciate that. Thank you.
LISTNUM
1 \l 16439 Simply
that we would like to see, if this transaction is approved, that there
are ‑‑ that the channel is run in such a way that we are
protecting the funding that is going towards documentaries, particularly the
feature length documentary form, and that the diversity and competition in the
marketplace is not diluted as a result of the transaction.
LISTNUM
1 \l 16440 These
are our primary concerns. We support the
public broadcaster and we just simply are looking for conditions that will
protect our membership, which are largely individual film‑makers working
on small budgets on a one‑off every 12‑to‑24‑month
basis making a single film, and it is vitally important for that community to
have reasonable access to the market under fair terms. That's all.
LISTNUM
1 \l 16441 Thank
you for the opportunity to present our position today.
LISTNUM
1 \l 16442 THE
CHAIRPERSON: Thank you for participating
and being quite honest with your views.
LISTNUM
1 \l 16443 Thank
you very much.
LISTNUM
1 \l 16444 MR.
McMAHON: Thank you.
LISTNUM
1 \l 16445 THE
CHAIRPERSON: Madam Secretary...?
LISTNUM
1 \l 16446 THE
SECRETARY: This completes the list of
appearing intervenors, therefore Phase II.
LISTNUM
1 \l 16447 THE
SECRETARY: We will now proceed to Phase
III where the applicant may respond to all the interventions.
LISTNUM
1 \l 16448 The
applicant has advised me that they will not be appearing in this phase.
LISTNUM
1 \l 16449 This
completes the consideration of Item 19 on the Agenda of this public hearing.
LISTNUM
1 \l 16450 Thank
you, Madam Chair.
LISTNUM
1 \l 16451 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 16452 We
will now take a break of 15 minutes and resume at 4 o'clock.
LISTNUM
1 \l 16453 Thank
you.
‑‑‑ Upon
recessing at 1545 / Suspension à 1545
‑‑‑ Upon
resuming at 1600 / Reprise à 1600
LISTNUM
1 \l 16454 THE
CHAIRPERSON: Order, please.
LISTNUM
1 \l 16455 Madam
Secretary...?
LISTNUM
1 \l 16456 THE
SECRETARY: We will now proceed with Item
20 on the Agenda, which is an application by CJRN 710 Inc. to renew the licence
of the commercial radio programming undertaking CKEY‑FM Fort Erie and
its transmitter CKEY‑FM‑1 St. Catharines, expiring
30 June 2007.
LISTNUM
1 \l 16457 In
January of 2005 the Commission decided to renew CKEY‑FM's licence for a
period a year and a half. After renewing
the licence, the Commission monitored the programming broadcast by this station
on two separate occasions which raised serious preoccupations with respect to
the amount of local programming. The
Commission expects the licensee to show cause at this hearing why a mandatory
order should not be issued requiring the licensee to provide a sufficient level
of local Fort Erie‑oriented programming to be deemed to operating in
compliance with its condition of licence number 9.
LISTNUM
1 \l 16458 Appearing
for the applicant is Mr. David Dancy and his legal counsel Joel Fortune.
LISTNUM
1 \l 16459 Legal...?
LISTNUM
1 \l 16460 MS
DIONNE: Mr. Dancy, as part of the
procedure that Panel has requested that your statements be taken under oath.
AFFIRMED: MR. DAVID J. DANCY
LISTNUM
1 \l 16461 THE
SECRETARY: You have now 20 minutes
to make your presentation.
LISTNUM
1 \l 16462 Thank
you.
PRESENTATION
LISTNUM
1 \l 16463 MR.
DANCY: Madam Chair, Commissioners, my
name is David Dancy, President of CJRN 710 Incorporated, licensee of CKEY‑FM. With me today is Joel Fortune of Johnston and
Buchan. Regrettably, Mr. Andrew Ferri, a
principal investor and my business partner, is unable to be here today as he
has just been released from hospital. I
assure you he is doing well, but he is unable to travel at this time.
LISTNUM
1 \l 16464 Madam
Chair, Members of the Commission, we are proud that during this licence term we
have, we believe, remained committed to serving our local community and
especially the youth and young adults in that community.
LISTNUM
1 \l 16465 I
will address the concerns noted by the Commission in connection with this
hearing in a moment. I would like to
begin, however, by providing some background about CKEY‑FM and reporting
on the issues discussed during our June 2004 hearing.
LISTNUM
1 \l 16466 CKEY‑FM
is licensed to serve Fort Erie together with our rebroadcast transmitter
located in St. Catharines. Our market
area is the Niagara Peninsula. A large
majority of our retail and national advertising is based on our coverage of
Fort Erie and Niagara Falls.
LISTNUM
1 \l 16467 As
I am sure you know, we are located across the water from a large American
city. We compete with over 25 stations
within the Buffalo EMA for the loyalty of Canadian listeners.
LISTNUM
1 \l 16468 In
September 2002, as part of our overall strategy to improve our position, we
relaunched CKEY‑FM as "Wild 101" using a contemporary hit
format targeted to the teen and 18 to 24 audiences. This is a tough format to operate. Without CKEY‑FM, this format ‑‑
which targets the audience for large number of Canada's new and emerging
artists ‑‑ would be available to Canadian audiences in the
Niagara Peninsula only from a Buffalo station, with little and usually no
Canadian music.
LISTNUM
1 \l 16469 In
June 2004, I appeared before the Commission for the first time to discuss the
renewal of our licence. I was able to
advise the Commission that despite significant competition from stations in
Buffalo our audience numbers had increased.
In the Fall 2003 BBM ratings, Wild 101 was the dominant station among
Canadian listeners in the 12 to 24 and 12 to 34 demographic.
LISTNUM
1 \l 16470 The
BBM numbers confirmed that our Canadian audience increase had been at the
expense of American stations and thus we were repatriating Canadian
tuning. We considered this to be an
important accomplishment in the Battle of Fort Erie/Niagara versus Buffalo.
LISTNUM
1 \l 16471 The
June 2004 renewal hearing focused on three issues: our relationship at the time with Citadel
Broadcasting; our compliance regarding the proper keeping of our program logs,
music lists and the broadcasting of Canadian music selections; and our level of
local programming.
LISTNUM
1 \l 16472 Let
me tell you what has happened since then.
LISTNUM
1 \l 16473 With
respect to our relationship with Citadel, the Commission found that "no
change of control" had taken place and that we had been responsible for
our programming. We have since then
ended our relationship with Citadel.
LISTNUM
1 \l 16474 Second,
with respect to the maintenance of logs, music lists and Canadian content
levels before our last renewal, the Commission found that we had not complied
with logging and music list requirements in the first instance, although it is
noted in our 2004 renewal decision that we did correct our logs and music lists
when the deficiency was pointed out to us.
There was no non‑compliance with the level of Canadian music.
LISTNUM
1 \l 16475 Since
then we have complied with all logging and Canadian content requirements.
LISTNUM
1 \l 16476 With
respect to music lists, in 2005 the Commission noted our recording of montages
was not clearly enough identified. We
immediately took steps to ensure montages were identified more clearly and
detailed to the Commission the steps taken.
LISTNUM
1 \l 16477 With
respect to the question of local programming, the transcripts of the June 2004
hearing show that the Commission discussed with us the possibility of
implementing a condition of licence requiring three hours of news and spoken
word content of which 15 percent would be local content.
LISTNUM
1 \l 16478 After
the hearing, we immediately reprogrammed all of our days and day‑parts to
conform to this and informed Commission, in writing, on June 15, 2004,
only seven days after the hearing, that the commitment had been
implemented. To accomplish this, we
added a full‑time news person, contracted for weather reports from
Environment Canada, contracted traffic services from Wise Traffic, and I hired
a new promotions director.
LISTNUM
1 \l 16479 The
condition of licence ultimately imposed was for three hours of news and no
mention was made a spoken word content.
LISTNUM
1 \l 16480 To
be forthright, we misunderstood this condition.
We proceeded on the basis of our earlier letter to the Commission after
our renewal hearing. This was a mistake
on our part, and we acknowledge this mistake.
LISTNUM
1 \l 16481 The
Commission released its renewal decision in January 2005. Between May 29 and June 4, 2005 the
Commission conducted an audit of our local programming. On October 31, 2005 the Commission informed
us that we had incorrectly included certain elements as news, including some
weather and traffic reports, and that our information programming did not count
towards our "news" condition of licence.
LISTNUM
1 \l 16482 Looking
back, we should have realized from when the Commission released our renewal
decision in January 2005 that we had not correctly implemented the news
requirement.
LISTNUM
1 \l 16483 Please
keep in mind, though, that we wrote to the Commission in June 2004, right after
our hearing, setting out our plan regarding news and local content and had
followed that planned for a full seven months before the release of the renewal
decision. We were not "on the
lookout" for the problem, as it were, and it did not leap out at us.
LISTNUM
1 \l 16484 In
October 2005, when the Commission staff pointed at the deficiency, we realized
our mistake regarding our condition of licence.
We immediately corrected it.
LISTNUM
1 \l 16485 There
was also, we acknowledge, a shortfall in total news and information time. This resulted in staff changes.
LISTNUM
1 \l 16486 After
that point, we made sure news included only news reports and no entertainment
information, and we programmed the full allotment of three hours per week. In fact, to be on the safe side, we
programmed an additional 10 percent to ensure compliance.
LISTNUM
1 \l 16487 I
also instituted a policy that there should be no uncertainty regarding whether
an item is, in fact, news when it is included in the news reports. Entertainment‑related items that might
be newsworthy were essentially stripped from our newscasts. The message to our new staff was "If you
have to ask whether it is news, don't include it."
LISTNUM
1 \l 16488 Reviewing,
then, what took place at an immediately after our last hearing, two out of
three issues that the Commission identified with us were addressed or were not
in fact issues.
LISTNUM
1 \l 16489 For
the third issue, local programming, we implemented our oral commitment to the
Commission at our renewal hearing, as we understood it, fully seven months
before the Commission released our renewal decision. When our mistake regarding the amount of news
programming was brought to our attention in October 2005, we immediately
corrected it.
LISTNUM
1 \l 16490 This
brings us to the more recent audit.
LISTNUM
1 \l 16491 About
a year ago, in February and March of 2006, the Commission conducted a second
audit, and a one‑day audit on March 1 of our entire local
programming. The Commission confirmed that we were
broadcasting three hours of news, plus an additional 10 percent per week.
LISTNUM
1 \l 16492 However,
the Commission questioned the composition of some of the new stories and asked
how we conformed to our condition of licence regarding local content.
LISTNUM
1 \l 16493 In
its analysis the Commission stated that we had broadcast four local stories in
total that week. Respectfully, we
disagree with that finding.
LISTNUM
1 \l 16494 We
have reviewed carefully the analysis of that week and note the following:
LISTNUM
1 \l 16495 On
Sunday of that week we reported as the lead story a lake snow advisory warning
of up to 36 inches of snow. Where I
live, 36 inches of snow is news.
Again, it led our newscast. This
report was in addition to our usual weather forecast. We repeated that story three times on that
day.
LISTNUM
1 \l 16496 On
Monday with reported on a poll of Buffalo residents on the possibility of a new
casino in Buffalo. This is relevant
in relation to Fort Erie Racetrack Slots and the Niagara Falls casinos which
depend heavily on visitors from Buffalo, which does not currently have a
casino. My recollection is that this
story was covered in other local media, including local papers.
LISTNUM
1 \l 16497 On
Wednesday we reported three times on the jury verdict in an attempted murder
trial in Niagara Falls, Ontario in respect to an assault on the former Mayor of
Niagara Falls, Ontario.
LISTNUM
1 \l 16498 Also
on Wednesday we reported twice on the fact that the Canadian dollar hit a
14‑year highs. In a border, retail
and accommodation, tourist‑dependent area like ours, the rise
of the Canadian dollar is of real and direct local significance.
LISTNUM
1 \l 16499 On
Thursday we reported three times on the decision taken by Homeland Security in
the U.S. to tighten security on the Canada/U.S. border. This is directly relevant to people in our
area. We have four border crossings and
local residents use these crossings as part of daily life. While this story may have national scope, in
my mind, respectfully, for local residents this is somewhat comparable to
reporting on a toll gate being put up on a bridge between Gatineau and Ottawa.
LISTNUM
1 \l 16500 On
Friday we reported twice on a man from Niagara‑on‑the‑Lake
who died in a fatal car accident.
LISTNUM
1 \l 16501 Also
on Friday, we reported on the fact that Niagara Police were looking for a
missing Thorold woman. Thorold is a
community in the middle of the Niagara Peninsula.
LISTNUM
1 \l 16502 On
Saturday we reported three times on the Niagara Regional Police cracking
down on local drug trafficking in Fort Erie, St. Catharines and Welland.
LISTNUM
1 \l 16503 This
is eight separate stories and 18 stories throughout our newscasts.
LISTNUM
1 \l 16504 With
respect to March 1, 2006, the specific day that the Commission audited our
local programming, we aired on that day:
10 local traffic reports; 45 local weather reports; five local news
stories, the jury verdict and the Canadian dollar stories; and 11 mentions of a
local event, the Juelz Santana concert in St. Catharines with a CKEY‑FM
event afterwards at a local club called Rockford's.
LISTNUM
1 \l 16505 I
am unsure of the exact number of our daily "Wild 411" segments,
promotions promoting station functions and concert details, but the Commission
noted that it was "well covered".
LISTNUM
1 \l 16506 To
put the week at a glance, CKEY‑FM broadcast: 57 local traffic reports; 238 local weather
reports; 18 locally relevant news stories; and 75 mentions of local
events; our daily "Wild 411" segments, which typically run 12 times a
day, seven days a week.
LISTNUM
1 \l 16507 During
the week, CKEY‑FM presented a four‑hour live broadcast from Casino
Niagara on Friday, March 3, followed by a two‑hour broadcast from Rumours
Night Club on Clifton Hill in Niagara Falls, for a total of six hours live that
these two locations.
LISTNUM
1 \l 16508 All
but seven hours of our programming during this week was produced by us, at our
studios, solely for use on CKEY‑FM.
LISTNUM
1 \l 16509 In
February and March of 2006 analysis, the Commission noted the fact that we had
not reported on local sports.
LISTNUM
1 \l 16510 We
had chosen not to report on local sports regularly, mostly because local
sports are limited.
LISTNUM
1 \l 16511 In
our reply to the Commission we indicated our view, which we continue to believe
is true, that the Commission's policy at the time did not require us to report
on local sports all the time. We noted
in our reply that we did occasionally provide local sports where it would be
especially relevant to the local audience and our demographic.
LISTNUM
1 \l 16512 We
recognize the Commission, with the release of the new Commercial Radio Policy,
has now amended language in its policy.
LISTNUM
1 \l 16513 It
was also stated in relation to the February/March 2006 analysis that we had not
covered community events.
LISTNUM
1 \l 16514 The
term "community events" is not used in the description of local
spoken word programming to be provided by licensees. The phrase that is used is the
"promotion of local events and activities".
LISTNUM
1 \l 16515 Clearly,
we promoted local events. For the week
in question, we are not so sure that we promoted local "activities"
as opposed to "events".
LISTNUM
1 \l 16516 In
our reply to the Commission after this audit we noted that, similar to local
sports, the promotion of local activities was not then a requirement of the
Commission's policy. The Commission has
now amended the language in its policy.
LISTNUM
1 \l 16517 In
reviewing these local spoken word elements in our weekly broadcast, we
concluded that during the audit week we had complied with the condition of
licence requiring us to provide three hours of news and spoken word content, as
described in Public Notice 1993‑38, of:
"... direct and particular
relevance to the community served such as local news, weather, sports, and the
promotion of local events and activities."
LISTNUM
1 \l 16518 Clearly,
we were in compliance with the requirement to provide more than three hours of
news and exceeded that requirement by 10 percent.
LISTNUM
1 \l 16519 I
would just like to note that since almost all of our programming is produced by
us solely for CKEY‑FM, including the news component, and is broadcast
solely on that station, we exceed, therefore, by close to three times the
minimum amount of programming that must be produced locally by licensees.
LISTNUM
1 \l 16520 Let
me just summarize the outcome of the February/March 2006 audit:
LISTNUM
1 \l 16521 We
broadcast more than three hours of news.
LISTNUM
1 \l 16522 We
broadcast, we believe, 18 local news stories.
LISTNUM
1 \l 16523 We
broadcast numerous local weather and local traffic reports.
LISTNUM
1 \l 16524 We
mentioned local events numerous times.
LISTNUM
1 \l 16525 We
broadcast six hours of "on location" programming from our local
market.
LISTNUM
1 \l 16526 All
of our programming, except for seven hours, was produced locally in our studios
solely for CKEY‑FM.
LISTNUM
1 \l 16527 We
didn't, it is true, cover local sports or local activities as such, but we
don't think it was a requirement at that time.
LISTNUM
1 \l 16528 I
should also note that during all of this time, and up to this day, CKEY‑FM
was every hour identified by its call sign, CKEY‑FM, and
licensed community, Fort Erie. This
is not a case, let us emphasize, where we were attempting to appear to be
a station other than a Canadian station based in Fort Erie.
LISTNUM
1 \l 16529 We
believe, based on this review, that we did meet the requirement to provide
locally relevant spoken word content. At
least we think that it must be clear that we believed in good faith that we did
meet this requirement.
LISTNUM
1 \l 16530 There
is no question, we believe, of an attempt by us to avoid our obligation to
provide locally relevant spoken word content.
Instead, it seems to us that we have a disagreement between what
we believe to have been a conscious effort on our part to meet the letter
and spirit of our conditions of licence and the results of the February/March
2006 audit review.
LISTNUM
1 \l 16531 Since
the audit review, we have taken more steps to provide local content on our
service. While we believe we were in
compliance in 2006, we did not then, and do not now, wish there to be any
question. Here is what we have done:
LISTNUM
1 \l 16532 We
have added the community calendar broadcast once per hour which includes events
and activities throughout the Niagara Peninsula relevant to our audience, such
as concerts, entertainment events and lifestyle activities.
LISTNUM
1 \l 16533 We
also informed our on‑air staff in June 2006 that they would be required
to ensure that at least 30 percent of local content ‑‑ meaning
news, events, activities ‑‑ refer to communities throughout
the Niagara Peninsula.
LISTNUM
1 \l 16534 As
you know, in December 2006 the Commission released its new Commercial Radio
Policy and its requirement regarding local spoken word content to
read:
"In their local programming,
licensees must incorporate spoken word material of direct and particular
relevance to the community served. This
must include local news, weather, sports coverage, and the promotion of local
events and activities."
LISTNUM
1 \l 16535 Immediately
after the policy was released, CKEY‑FM added results coverage of the
entire Golden Horseshoe Junior B Hockey League, which consists of seven teams
exclusively from the Niagara area, out of an 18 League.
LISTNUM
1 \l 16536 We
now provide local sports in the morning segment once each hour for four hours.
LISTNUM
1 \l 16537 We
are investigating which local sports to cover after the hockey season
ends. We had already, as noted above,
insured our coverage included the other local elements.
LISTNUM
1 \l 16538 We
wish to state unequivocally our commitment for the next licence term to
continue all of the local spoken word components we have described above in our
local programming.
LISTNUM
1 \l 16539 During
the renewal term we acted in good faith to meet every condition or expectation the
Commission has outlined to us. We have
acted so as to respect the rules. We did
make a mistake, we know, regarding our "news" condition of licence,
which we then corrected immediately.
LISTNUM
1 \l 16540 Since
then we have abided, we believe, by the letter and spirit of our condition
of licence and have steadily increased our specific local content.
LISTNUM
1 \l 16541 Looking
forward, CKEY‑FM is doing everything we can to compete with new
technological realities and with our direct competitors in Buffalo. We are committed to serving the youth
and young adult market in Niagara. We
will abide by our commitments regarding local programming which we have set out
above.
LISTNUM
1 \l 16542 We
are prepared as well, having looked at another case in which a broadcaster was
found "off‑side" on local content rules ‑‑ in
respect to stations in Smiths Falls and Chilliwack ‑‑ to file
bi‑monthly reports with the Commission confirming the fulfilment of our
specific commitments as outlined above.
These reports will be signed by me or another officer of our company who
will be directly responsible for compliance.
LISTNUM
1 \l 16543 Thank
you for this opportunity to present our case.
We respectfully request that the Commission renew our licence to
coincide with terms of licences in our market.
I look forward to your questions.
LISTNUM
1 \l 16544 I
hope we will also have a chance to talk with you today about serving the
youth and young adults in our market, how we promote new and emerging Canadian
artists, and our plans for doing so in the future.
LISTNUM
1 \l 16545 THE
CHAIRPERSON: Mr. Dancy and
Mr. Fortune, good afternoon and thank you for being here.
LISTNUM
1 \l 16546 I
just want to note that I have read the extensive correspondence between you and
our staff and I want to thank you for that and I want to thank you for the
clarity with which you have presented your opening remarks this afternoon, but
I do still have some questions for you.
LISTNUM
1 \l 16547 You
are appearing before us today because essentially we need to discuss with you
what constitutes and what you understand to be local programming as it relates
to spoken word, how that programming adequately reflects the local market you
are licensed to serve and what exactly is that local market and how you define
it as articulated in your last licence renewal decision, which of course
includes a condition of licence defining local program.
LISTNUM
1 \l 16548 So
let's start with how we got here.
LISTNUM
1 \l 16549 You
did mention in your opening remarks the two monitoring reports that we
conducted, and while the first week of monitoring found that you were
broadcasting an hour and 34 minutes of news, the second period of monitoring
resulted in three hours and 18 minutes or, as you say, 10 percent more
then you were required.
LISTNUM
1 \l 16550 You
did provide us with some details, both in your correspondence and in your oral
presentation this afternoon, but can you give us a little bit more detail as
what actions you took or what measures you put in place that saw that increase
from an hour and 34 minutes to three hours and 18 minutes?
LISTNUM
1 \l 16551 MR.
DANCY: Yes. We are looking at a teen and young adult
market is what we are trying to program to.
What I had said to them was that if they had to question whether or not
it was news, then it wasn't news.
LISTNUM
1 \l 16552 So
even CBC reported that Britney Spears cut her hair and it was sold on
eBay. That was considered news on many
radio stations. It was not considered
news on my radio station because of the problems that we have had.
LISTNUM
1 \l 16553 I
would think that in a normal situation that would have been considered news,
but in our situation it was not.
LISTNUM
1 \l 16554 What
I had said to them was that it must be hard news, period, full stop. If you have to guess if it is news, it is
simply not news.
LISTNUM
1 \l 16555 Second,
because of the market we are going at, to do a wheel of information that is
repeated every half hour like traditional Adult contemporary stations or Rock
stations that deal with a 35‑64 market, just wouldn't work. Teens and young adults aren't going to tune
in for three minutes to listen to the same stories over and over again.
LISTNUM
1 \l 16556 So
I had asked them to be a bit eclectic, to get a variety of stories. You will see in a week that we broadcast more
than 187 different stories by the Commission's own analysis. An average station wouldn't put that many
stories ‑‑ that different stories on the air.
LISTNUM
1 \l 16557 And
the stories that we did repeat, I hope you will appreciate, were local stories. The ones that we did repeat were local
stories.
LISTNUM
1 \l 16558 But
when you are asking somebody to do that kind of volume, we wanted hard news, so
therefore I told the stuff that they had to have a hard news. Since then I have said that not only does it
have to be hard news, but 30 percent of everything that goes as part of news
must be local content, and "local", after talking to Commission
staff, they have told me that they do understand it to be St. Catharines,
Niagara or the Niagara Peninsula as local content.
LISTNUM
1 \l 16559 THE
CHAIRPERSON: Did you increase the number
of staff members dedicated solely to news?
LISTNUM
1 \l 16560 MR.
DANCY: Yes, we did.
LISTNUM
1 \l 16561 THE
CHAIRPERSON: By how many?
LISTNUM
1 \l 16562 MR.
DANCY: One.
LISTNUM
1 \l 16563 THE
CHAIRPERSON: That is a full‑time,
permanent position?
LISTNUM
1 \l 16564 MR.
DANCY: Yes. They only work on CKEY‑FM news and they
get to the radio station between 3:30 and 4:00 in the morning and they work
until approximately noon.
LISTNUM
1 \l 16565 THE
CHAIRPERSON: That brings your total
complement of news staff therefore to what number?
LISTNUM
1 \l 16566 MR.
DANCY: For the company or for the
station?
LISTNUM
1 \l 16567 THE
CHAIRPERSON: For the station.
LISTNUM
1 \l 16568 MR.
DANCY: One. It is the morning news person, and we have
two weekend news people.
LISTNUM
1 \l 16569 THE
CHAIRPERSON: All right. That is your full complement of
newspeople ‑‑
LISTNUM
1 \l 16570 MR.
DANCY: Yes.
LISTNUM
1 \l 16571 THE
CHAIRPERSON: ‑‑ to cover Niagara Falls, the whole Niagara
Peninsula and Fort Erie?
LISTNUM
1 \l 16572 MR.
DANCY: Yes.
LISTNUM
1 \l 16573 THE
CHAIRPERSON: So how is this news
packaged and delivered on‑air?
Because it is not an insignificant area that you are covering.
LISTNUM
1 \l 16574 MR.
DANCY: No. We look at a combination of locally,
nationally, regionally, internationally, we look for stories that maybe other
people might not cover that maybe are a bit eclectic, that may be a bit off the
wall, things that may happen in, let's say, Pakistan or the United States,
things are happening all around.
LISTNUM
1 \l 16575 We
are looking for stories that would be of interest to the people that we are
trying to serve. We are looking for
stories that have maybe a bit of a twist of them, we are looking for stories that ‑‑
but again, they all have to have a news base.
They can't be anything to do with sports, weather, entertainment,
anything else. They must be strictly
news based.
LISTNUM
1 \l 16576 THE
CHAIRPERSON: I guess,
Mr. Dancy, my point is: With
one full‑time news person and two people working on the weekend, and
you have the entire Niagara Peninsula to cover in terms of local stories, is
that enough of a news complement to be able to go out into the Niagara
Peninsula and gather those stories?
LISTNUM
1 \l 16577 How
do you have access to those local stories with essentially two people?
LISTNUM
1 \l 16578 MR.
DANCY: Well, primarily the announcers
also. I mean, we have Heart Niagara come
in, when we have the fire department come in to talk about the Ontario law stating
that every floor has to have fire alarms on there.
LISTNUM
1 \l 16579 I
mean, when I say we have one, we have one person dedicated solely to news,
that's it that's all they do. We have
other staff members who are on‑the‑air, seven other staff members
who are out at activities and events, you know, whether it is at bars or clubs
or concert events or activities in the area, everything from a Santa Claus
Parade to the Friendship Festival, I mean we have other staff members that are
out in the community, but as far as specifically dedicated to news we have the
one person.
LISTNUM
1 \l 16580 THE
CHAIRPERSON: I am assuming, therefore,
that that person is the one who is responsible for news content and news
orientation?
LISTNUM
1 \l 16581 MR.
DANCY: Yes.
LISTNUM
1 \l 16582 THE
CHAIRPERSON: So your on‑air staff
may be out covering community events or community activities.
LISTNUM
1 \l 16583 How
many on‑air staff, personnel, do you have?
LISTNUM
1 \l 16584 MR.
DANCY: Two, three, four, five, six,
seven, eight.
LISTNUM
1 \l 16585 THE
CHAIRPERSON: Are those full‑time positions?
LISTNUM
1 \l 16586 MR.
DANCY: Six are full‑time, two are
part‑time.
LISTNUM
1 \l 16587 THE
CHAIRPERSON: All right. Are any of those positions incremental to the
time that we found you had non‑compliance with the amount of news?
LISTNUM
1 \l 16588 MR.
DANCY: Yes.
LISTNUM
1 \l 16589 THE
CHAIRPERSON: In other words, did you add
on‑air staff as well?
LISTNUM
1 \l 16590 MR.
DANCY: Yes, we did.
LISTNUM
1 \l 16591 We
only had on‑air staff in the morning and in the afternoon drive previous
to this. We now have morning ‑‑
we do voicetracking, but we still have the person in the building doing it mid‑day's;
we have afternoon drive; we have an evening announcer and we have three weekend
announcers.
LISTNUM
1 \l 16592 THE
CHAIRPERSON: All of these measures and
actions that you have put in place are permanent and therefore ensuring future
compliance?
LISTNUM
1 \l 16593 MR.
DANCY: They have been in place since
June 15, 2004.
LISTNUM
1 \l 16594 THE
CHAIRPERSON: And they are not going
away?
LISTNUM
1 \l 16595 MR.
DANCY: No, that's right.
LISTNUM
1 \l 16596 THE
CHAIRPERSON: All right. Thank you.
LISTNUM
1 \l 16597 Now,
the definition of "local programming" states that"
"Licensees must include spoken
word material of direct and particular relevance to the community
served." (As read)
LISTNUM
1 \l 16598 I
read your letter of June 15, 2006, so my question to you is this: Do you see a difference between "locally
relevant" and "material of direct and particular relevance"?
LISTNUM
1 \l 16599 In
other words, if you deem an item to be "locally relevant", do you
automatically assign it as being "direct and particularly relevant"?
LISTNUM
1 \l 16600 MR.
DANCY: There are two cases. I think if it is locally relevant, for
example the border security ‑‑ the Peace Bridge lands in Fort
Erie. We have three other bridges that
connect, two in Niagara Falls and one in Queenston, which is Niagara‑on‑the‑Lake.
LISTNUM
1 \l 16601 I
mean, we have four bridges that connect.
So is that locally relevant? Yes,
it is.
LISTNUM
1 \l 16602 THE
CHAIRPERSON: And therefore is it also
"direct and particularly relevant"?
LISTNUM
1 \l 16603 MR.
DANCY: Yes, I believe it is. But there are stories like when the Niagara
Regional Police ‑‑ which may not be relevant to anywhere else
but only relevant to Niagara ‑‑ when they are cracking drug
trafficking in Fort Erie, Welland and St. Catharines. I think that is one that may not be relevant
somewhere else.
LISTNUM
1 \l 16604 So
when we deem that it is particularly relevant to our community, yes, I believe
they are ‑‑ but they may not be relevant outside the
community. The border security issue
might be a global issue.
LISTNUM
1 \l 16605 THE
CHAIRPERSON: If you had to determine a
percentage of your news stories that were locally relevant versus news stories
that were of direct in particular relevance, could you do that?
‑‑‑ Pause
LISTNUM
1 \l 16606 MR.
DANCY: What we have changed the policy
in doing now to make sure it is not only locally relevant in particular, is the
fact that now we will discuss if the news story for example in border security
is discussed, we will specifically talk about how it relates to Fort Erie or
Niagara Falls or a specific area within our market. So now we are actually taking a story that
was maybe locally relevant before and now we are making it particular to the
market and specific to the market.
LISTNUM
1 \l 16607 THE
CHAIRPERSON: Providing some
contextualization therefore.
LISTNUM
1 \l 16608 MR.
DANCY: Yes.
LISTNUM
1 \l 16609 THE
CHAIRPERSON: All right. Thank you.
LISTNUM
1 \l 16610 In
that same letter of June 15th you say that:
"CJRN has substantially
increased the amount of spoken word programming, including such programming
that is of direct in particular relevance to your local market." (As read)
LISTNUM
1 \l 16611 Now,
you do know that as a result of our monitoring, you to talk about it in
your oral presentation today, we did find that out of 187 news items
only four ‑‑ or 19 after we reclassified them, they were local
stories. But that was still a small
number, you know, 19 out of 187 news stories were local.
LISTNUM
1 \l 16612 So
how is it that even though you said you substantially increased we still found
a very low number of local news stories?
LISTNUM
1 \l 16613 MR.
DANCY: I think because we didn't localize
it the way I just spoke of. What we did
was, we left the stories as they were for example. I again use the border security because that
is the issue we are talking about, and there were 187 stories.
LISTNUM
1 \l 16614 Again,
please understand that 187 stories for a radio station in our format, that
is a huge amount of stories. If you look
at the one in Vancouver, if you look at the Toronto CHR station, Halifax ‑‑
those are the only three that I'm aware of ‑‑ and Kitchener,
those are the only three stations that I am aware of right now doing CHR
broadcasting. It is virtually gone from
the landscape because teens and youths are very, very hard to reach.
LISTNUM
1 \l 16615 When
you are doing three hours of news, hard news, which I don't think ‑‑
in my correspondence you must realize it was a shock that it wasn't three hours
of news and spoken word content, it was three hours of news. It wasn't what we talked about at the hearing
in 2004.
LISTNUM
1 \l 16616 So
we had to go and we had to make it so that was acceptable, or what we believed
was acceptable, to try to make the station so that the teens and youth would
not tune out.
LISTNUM
1 \l 16617 So
we didn't do just a wheel of information.
I guess if we had done a wheel of information and just done it at every
half hour and done the same stories, you would have had a higher percentage of
local news. Now what we have done is, we
have made sure that 30 percent of the stories that we air have local relevance.
LISTNUM
1 \l 16618 And
yes, we have either ‑‑ you have talked about them in a larger
context that are locally relevant and made them specific and particular to our
market by talking about how they affect a community or a group in our market.
LISTNUM
1 \l 16619 THE
CHAIRPERSON: Do you produce your news in
a way that is ‑‑ I suppose the word is "different"
than other radio broadcasters because of the youth as your target demo in other
words?
LISTNUM
1 \l 16620 MR.
DANCY: Yes.
LISTNUM
1 \l 16621 THE
CHAIRPERSON: Is a very distinctive from
other radio stations and, if so, explained to me how you make it distinctive
and attractive to a younger demo.
LISTNUM
1 \l 16622 MR.
DANCY: What we try to do is we try not
to repeat the same stories that you are going to see in the National Post or on
CBC ‑‑ with all due respect to both those fine
institutions ‑‑ don't have a huge under 35 audience using
them.
LISTNUM
1 \l 16623 THE
CHAIRPERSON: Right.
LISTNUM
1 \l 16624 MR.
DANCY: So the stories are written in a
way and delivered in a way that the youth can relate to ‑‑ or
we believe they are. The person who is
doing the news is 22 years old on CKEY.
With all due respect to her, she does a great job for us and we are very
lucky to have her, but she doesn't have the experience that maybe a seasoned
newscaster on 680 News in Toronto would have.
LISTNUM
1 \l 16625 So
we try to work with somebody who has a great delivery and we try not to deliver
like a hard newscast like what would be done on a News Talk radio station or a
standard Adult Contemporary station that looks after a 35‑64 audience.
LISTNUM
1 \l 16626 Because
these people haven't grown up with radio.
Radio is not part of their regular usage. If you look at the radio tuning, it is not
part of their technology they use today.
So we have to make inviting to them to be able to ‑‑ to
want to use our medium and to do that we try to attract them.
LISTNUM
1 \l 16627 I
admit we attract them with our music, okay.
If we don't play the right music we are not going to attract them. What we try not to do is news ‑‑
news isn't ‑‑ I wouldn't say that news is what we consider an
attraction for our radio station, okay.
As much as the Commission would like it to be that way, I haven't
figured out a way to make news attractive to the youth and young adult market,
so we try not to make it a tune out so they won't leave our radio station.
LISTNUM
1 \l 16628 THE
CHAIRPERSON: Again, in your oral
presentation this afternoon you did provide us with some explanation as to why
you didn't include local sports in your news or community activities, but given
this target demographic group, can you just explain to us why you thought that
including those features in your news would cause tune‑out?
LISTNUM
1 \l 16629 MR.
DANCY: Because this demographic can get
TV on their cell phones. They can choose
any one of seven or 10 stations. I
realize that the Commission and that Canadians in general it is the view that
there are only two satellite services.
LISTNUM
1 \l 16630 But
we are in a border market. I mean, I
have neighbours who go to Buffalo and pay for service and get DirecTV, legally
and they pay for it, and they don't use a Canadian service.
LISTNUM
1 \l 16631 These
kids can get seven or eight sports channels, they can watch anything they
want. There are three on regular
cable. In our area channels ‑‑
I believe TSN is 28 or 29 and then we have 53 and 57 Rogers Sportsnet and
another one. That is on regular cable.
LISTNUM
1 \l 16632 Then
when you start looking at the dishes, they have ESPN, they have everything else
they want to watch. They can watch
soccer if they want, they can watch any sort of sports they want any time they
want. That is what the youth tend to
want to do.
LISTNUM
1 \l 16633 For
us to report on Junior B hockey, it is not really of that great interest to
them. If they love the sport ‑‑
and my son happens to play in that age level, they go to the games. They don't wait to hear it on the radio.
LISTNUM
1 \l 16634 You
know, my son knows the sports that night at 10:30 when he comes home after the
game, he doesn't have to wait to the next morning to get it. So in that particular youth group, that
information really from radio is not that relevant.
LISTNUM
1 \l 16635 It's
not like it was 20 years ago when people used to get all their information from
their community radio station in the morning and the TV station at
night. Now they get news any time of
the day, anywhere they want. They
can go on the Internet and get updated sports on everything they want. Kids have computers in their bedroom hooked
up to the internet.
LISTNUM
1 \l 16636 So
we just don't think and through our studies ‑‑ listen, my
oldest daughter is in first‑year university, my son is in Grade 11 and my
daughter is in Grade 8, radio is not the most important thing. They haven't an ear bud in their ear more
often than not and their father owns radio stations.
LISTNUM
1 \l 16637 Yes,
they do listen to the radio station, they do make their comments to my program
director, I do use ‑‑ my father used to say grandmother
research, by asking people instead of having necessarily formal studies all the
time, but we just didn't feel ‑‑ and in our discussions with
people, in our focus groups, one of the things that the youth and young adults,
they have many, many sources to get sports. To tune into a radio and hear some
scores, i just really wasn't relevant to them, at least that was our finding,
but we are going to include them now.
LISTNUM
1 \l 16638 THE
CHAIRPERSON: Yes. And you did in fact make that quite clear in
your oral presentation.
LISTNUM
1 \l 16639 So
you do understand what the new requirement is as stated in the new
Commercial Radio Policy.
‑‑‑ Pause
LISTNUM
1 \l 16640 MR.
DANCY: Yes. I just want to ‑‑ we have
committed to doing Junior B. We are
looking for something to do after the ‑‑ right now it's
Niagara Falls and St. Catharines in the finals.
One of them is going to go to the provincial championships. After that we have to figure out something
else to do.
LISTNUM
1 \l 16641 But
my understanding is it is weekly. It is
sports relevant to the local market on a weekly basis. So in weeks where there is not that much
local sports ‑‑ it is not done on a daily or hourly basis, it
is done on a weekly basis. That is my
understanding of the regulation.
LISTNUM
1 \l 16642 Is
that correct?
LISTNUM
1 \l 16643 THE
CHAIRPERSON: We will have legal
counsel ‑‑ legal counsel also has some questions for you so I
will have legal counsel confirm that for you.
LISTNUM
1 \l 16644 MR.
DANCY: All right.
‑‑‑ Pause
LISTNUM
1 \l 16645 THE
CHAIRPERSON: Mr. Dancy, like I said,
your oral presentation was quite clear and I don't have any other questions for
you but, as I said, I know legal counsel does.
LISTNUM
1 \l 16646 Before
we turn to legal, Commissioner Cram has questions for you.
LISTNUM
1 \l 16647 COMMISSIONER
CRAM: Thank you, Mr. Dancy.
LISTNUM
1 \l 16648 If
I can take you to page 8 of your presentation today, while you were
talking I was looking at March 1 in the monitoring and I was looking at
the number of stories, I counted them up to 72 in terms of number of
stories in the newscast for that day.
LISTNUM
1 \l 16649 Subject
to check, that would be about average, would it?
LISTNUM
1 \l 16650 MR.
DANCY: Yes.
LISTNUM
1 \l 16651 COMMISSIONER
CRAM: I found the story at 8:23:05
about the Canadian dollar that you referred to.
LISTNUM
1 \l 16652 I
don't know if this is a full report. I
don't know if it is a full transcript.
LISTNUM
1 \l 16653 MR.
DANCY: No, it wasn't the full, it was
just to give the flavour of the story.
LISTNUM
1 \l 16654 COMMISSIONER
CRAM: All right.
"The Canadian dollar hit a 14‑year
high. StatsCan announces a solid growth
of 2.9% brought on by Canadian consumers, businesses..." (As read)
LISTNUM
1 \l 16655 Not
one reference to your community there.
LISTNUM
1 \l 16656 So
are you saying that you communitized it?
LISTNUM
1 \l 16657 MR.
DANCY: No. That is what I was saying to Madam Chair.
LISTNUM
1 \l 16658 At
that time what happened was that we accepted that it was locally relevant, that
it was okay. Now that story would be
localized, saying "affecting Niagara residents" and it would say how
it affected them.
LISTNUM
1 \l 16659 COMMISSIONER
CRAM: So what is your point on page 8
where you say "With respect to March 1" and you go down and it
says:
"5 local news stories (the jury
verdict and Canadian dollar)".
LISTNUM
1 \l 16660 MR.
DANCY: Yes. Before what we were discussing, Madam Chair
asked me if I considered the things that were locally relevant were also of
direct and particular relevance.
LISTNUM
1 \l 16661 COMMISSIONER
CRAM: Yes.
LISTNUM
1 \l 16662 MR.
DANCY: I thought they were,
but obviously the Commission thinks differently, and I accept
that. So now that we don't just think
they are locally relevant, we make them particular to our community.
LISTNUM
1 \l 16663 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 16664 MR.
DANCY: That time was before we made the
change in policy at the radio station.
LISTNUM
1 \l 16665 COMMISSIONER
CRAM: Yes. So your assertion, though, today is then that
there were only three local stories about the jury verdict?
LISTNUM
1 \l 16666 MR.
FORTUNE: Just to clarify, Commissioner
Cram?
LISTNUM
1 \l 16667 COMMISSIONER
CRAM: Well, the assertion on page 8 is
that the Canadian dollar story is a local news story.
LISTNUM
1 \l 16668 MR.
DANCY: Yes.
LISTNUM
1 \l 16669 MR.
FORTUNE: That is correct.
LISTNUM
1 \l 16670 COMMISSIONER
CRAM: You have agreed with me that it is
not.
LISTNUM
1 \l 16671 MR.
DANCY: No, I'm sorry. What I said was that we didn't localize it
prior to getting the Commission's ‑‑ we consider it a local
news story. Absolutely I consider that a
local news story. It is locally
relevant. We cross the border all the
time. There are businesses that
absolutely rely ‑‑
LISTNUM
1 \l 16672 COMMISSIONER
CRAM: So at 8:23:05 on March 1, '06 did
you localize that news about the Canadian dollar?
LISTNUM
1 \l 16673 MR.
DANCY: No, but we still consider it
locally relevant.
LISTNUM
1 \l 16674 COMMISSIONER
CRAM: All right. It is just not of particular relevance.
LISTNUM
1 \l 16675 MR.
DANCY: Correct.
LISTNUM
1 \l 16676 COMMISSIONER
CRAM: All right.
LISTNUM
1 \l 16677 MR.
DANCY: Now we will change it. Now my news department has been advised they
must change it to make it not only ‑‑ if it is locally
relevant, if it is the border issue, if it is a dollar issue, if it is
something that may not be considered of particular relevance now have to
localize it.
LISTNUM
1 \l 16678 COMMISSIONER
CRAM: So then three out of 72 stories on
that day were particularly relevant?
LISTNUM
1 \l 16679 MR.
FORTUNE: Commissioner, I think to
be fair to Mr. Dancy, I think he has said clearly that he believes that the
story, the Canadian dollar story, when that was broadcast he believed that was
a story ‑‑
LISTNUM
1 \l 16680 COMMISSIONER
CRAM: I understand that.
LISTNUM
1 \l 16681 MR.
FORTUNE: ‑‑ of direct and particular relevance to his
community when that was broadcast. And
subsequently, with the audit and so on, discussions, came the recognition that
it should in fact be particularized to better serve his community, but at the
time this was broadcast the intention was that that would be local.
LISTNUM
1 \l 16682 COMMISSIONER
CRAM: I understand that, yes.
LISTNUM
1 \l 16683 I
guess my question is ‑‑ well, no, I won't.
LISTNUM
1 \l 16684 So
your point is that ‑‑ did you read the decision when you had
your short renewal?
LISTNUM
1 \l 16685 MR.
DANCY: Yes.
LISTNUM
1 \l 16686 COMMISSIONER
CRAM: Clearly you didn't read it very
well.
LISTNUM
1 \l 16687 MR.
DANCY: We had already put in what we saw
was going to be the condition of licence, we had already implemented it seven
months before it was written. If you
look at the transcript I believe it starts about 970 I think it is, the lines
that were there, and at that time when we were talking about it we talked
specifically about three hours of news ‑‑ three hours of
spoken word, okay, which was news and local content. It wasn't just news.
LISTNUM
1 \l 16688 COMMISSIONER
CRAM: I hear you, sir, but I'm asking
you how well you read it.
LISTNUM
1 \l 16689 MR.
DANCY: That's what I have said. I misunderstood it.
LISTNUM
1 \l 16690 COMMISSIONER
CRAM: You were sent a document that was
warning you, you have a short leash, and you did not take the care to read the
terms of the short leash.
LISTNUM
1 \l 16691 Is
that not true, sir?
LISTNUM
1 \l 16692 MR.
DANCY: As I said, I was assured by my
staff that we were complying. I believed
the staff. Obviously we made a mistake,
I admit to that and I take responsibility for it, and we made staff changes
because of that.
LISTNUM
1 \l 16693 COMMISSIONER
CRAM: Now, if I understand it, I
calculated roughly you would have 494 news items being reported and so you
would have to do, if you are going to be doing 30 percent you say locally, you
would have to produce or repeat ‑‑ produce in amongst
originals and repetitions, 130 items or so.
LISTNUM
1 \l 16694 MR.
DANCY: Yes, f they have to do ‑‑
if they do 10 stories, they do three; if they only have five stories, they have
to do two that are locally relevant, particular to Niagara.
LISTNUM
1 \l 16695 COMMISSIONER
CRAM: And you have one news person who
is age 22 to do it?
LISTNUM
1 \l 16696 MR.
DANCY: That's the person who assembles
it and puts it together, yes. I mean,
with today's ‑‑ I mean researching it, we used to have to work
a lot harder to get news than they do now.
She works on the internet, she can get pretty much ‑‑
the Niagara Police Regional Services now are on the internet, you don't have to
phone them any more.
LISTNUM
1 \l 16697 She
has certain sites that she uses that are local Niagara sites that are updated
regularly. They give us the information
we need. So because as much as we are
fighting with technology we are also using technology to the best of our
abilities.
LISTNUM
1 \l 16698 I
mean, when CJRN 710 was a news talk station we only had one news person on
in the morning as well.
LISTNUM
1 \l 16699 COMMISSIONER
CRAM: Well, I confess to some
scepticism as to your ability to sustain full compliance.
LISTNUM
1 \l 16700 Thank
you very much.
LISTNUM
1 \l 16701 Madam
Chair...?
LISTNUM
1 \l 16702 THE
CHAIRPERSON: Mr. Dancy, before I have my
colleagues ask you some further questions, I just want to follow up on the
issue of sports.
LISTNUM
1 \l 16703 At
recent hearings in Calgary and Regina we heard from CHUM, Rogers and Harvard
who were in fact offering the same format as you are with youth contemporary
formats targeting the 18 to 24 demographic, and that their local news and
information they thought it was very important to focus on high school, college
and university sports stories.
LISTNUM
1 \l 16704 MR.
DANCY: These were applications. Right?
LISTNUM
1 \l 16705 THE
CHAIRPERSON: Yes.
‑‑‑ Pause
LISTNUM
1 \l 16706 THE
CHAIRPERSON: Is that your point?
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16707 THE
CHAIRPERSON: No, I do want to ‑‑
all right.
LISTNUM
1 \l 16708 MR.
DANCY: I was just suggesting to you that
many people have many really good ideas, but I think if you look at the radio
landscape very few have been able to really attract a teen and youth adult.
LISTNUM
1 \l 16709 Corus
and Rogers dumped the formats in the largest market in Canada. Two of the biggest broadcasters there are
dumped the formats in the largest market in Canada. Like I mean ‑‑ I think it's
wonderful they are going to attempt to do it.
And they are going to get the licence and they are going to do it for a
certain time.
LISTNUM
1 \l 16710 I
would like to hear from them a year and a half or two years down the road. I am five years into it. I would like to see them at that time down
the road whether they are still doing it or not. I'm not suggesting they won't be, maybe they
will. And they have deeper pockets than
I do. I mean, you are talking some big
broadcasters there. So I applaud
them. You are also talking much bigger
markets.
LISTNUM
1 \l 16711 THE
CHAIRPERSON: All right,
fair enough.
LISTNUM
1 \l 16712 Vice
Chairmen Arpin...?
LISTNUM
1 \l 16713 COMMISSIONER
ARPIN: Your final words are leading me
to my question obviously. How are the
market conditions?
LISTNUM
1 \l 16714 That
will give me at least some perspective to understand all these issues. I hear the discussions that you have with the
Commission and I understand that we are really going into the nitty‑gritty,
but sometimes the financial aspect of a situation colours the reality.
LISTNUM
1 \l 16715 So
could you help me understand what is going on in Niagara and particularly with
CKEY?
LISTNUM
1 \l 16716 MR.
DANCY: In Niagara, with the exception of
Standard Broadcasting which has three signals that encompass not only Niagara
but all of Toronto, two FMs and an AM, and use syndicated programming on their
number one station which does 65 percent of its billing, its AC station,
its Easy Rock station, which uses syndicated programming six hours a day between
6:00 a.m. and midnight, you are talking about a station that does probably 65
percent of their billing and would do easily half the market's billing.
LISTNUM
1 \l 16717 The
other players in the market, it is my understanding that there are three of us
and that one is not profitable. We have
struggled in the last little while ‑‑ and without my partner
Andrew Ferri I think probably we wouldn't be around right now ‑‑
and that we are now turning.
LISTNUM
1 \l 16718 We
just got approval in July to increase our sister station, CFLZ‑FM and
that will help the company become profitable.
LISTNUM
1 \l 16719 Right
now we just have some major advertisers who have shifted their advertising to
the youth market. Again, youth, cell
phone delivery companies, cell phone companies have just read on their
traditional marketing from 25‑54 to 18‑34, which has been
significant, improved our April billing significantly.
LISTNUM
1 \l 16720 I
am still of the belief that we can compete in the teen and young adult. I am still of the belief that if we don't do
it right now in 20 years terrestrial radio will be obsolete, because if
the youths aren't listening to it, if the youths aren't using it, there is no
point in us being here in 20 years.
I am in my mid‑40s, it won't matter to me, but it is going to
matter to somebody and I don't want it to die on my watch.
LISTNUM
1 \l 16721 So
I really believe that our format can work.
I really believe that the emerging artists, that we can work with the
record labels and record companies and we can all do very well in this
deal. The problem that we are having
is: How do you reach them?
LISTNUM
1 \l 16722 I
have had to do innovative programming.
It has been very difficult. And
as the CRTC returns we have not been profitable in the last few years, but we
are turning the corner and I foresee that we are going to do quite well. And with our increased signal in the other
one, the burden on CKEY will be less and I think between the two of them I
think we are going to be able to do all right, but it has been a tough road.
LISTNUM
1 \l 16723 COMMISSIONER
ARPIN: How many employees do you have,
specifically for that station?
LISTNUM
1 \l 16724 MR.
DANCY: We have a large number of
employees in production and creative, promotions that are across two radio
stations.
LISTNUM
1 \l 16725 For
that specific radio station, there would be six employees specific to that
radio station, and we have 20 employees in all, of which at least seven or
eight of them would be for both radio stations.
LISTNUM
1 \l 16726 I
am including myself in there, my CFO, sales department, promotions department,
production and creative would be for both stations.
LISTNUM
1 \l 16727 COMMISSIONER
ARPIN: And the six that you have
specifically for that station, are they on‑air or are they salespeople?
LISTNUM
1 \l 16728 MR.
DANCY: Oh, specific they
would be ‑‑ in the radio climate today nobody has one
job, with the exception of possibly a salesperson. That is the only person I know of that can
have one job. So, for example, the guy who
does our nights from 6:00 to 10:00, he is also our music director and
helps with promotions.
LISTNUM
1 \l 16729 All
of our staff are like that. Our morning
news person also does the midday show, voicetracks it.
LISTNUM
1 \l 16730 So
everybody has more than one function at the radio station.
LISTNUM
1 \l 16731 COMMISSIONER
ARPIN: Of the CRTC broadcast week, which
is 126 hours, how many hours are you local versus how many hours are you
voicetracked?
LISTNUM
1 \l 16732 MR.
DANCY: Voicetracked?
LISTNUM
1 \l 16733 COMMISSIONER
ARPIN: Yes.
LISTNUM
1 \l 16734 MR.
DANCY: We are voicetracked ‑‑
LISTNUM
1 \l 16735 COMMISSIONER
ARPIN: I understand that voicetracked is
local, but local live versus voicetracked.
LISTNUM
1 \l 16736 MR.
DANCY: We are live in the mornings and
afternoon drive every day. We
voicetrack ‑‑ it is not a traditional voicetrack in the fact
that we voicetrack in the time slot they are actually on the air, but to do a
four‑hour show takes about ‑‑ if you are going to do the
10:00 to 3:00 show, you can do it between 10:00 and 11:00. So it is very topical and on‑time. Then the other four hours they do another job
for us. But we are only live in the
studio either when we are on location or remote or in the breakfast and the
afternoon drive.
LISTNUM
1 \l 16737 COMMISSIONER
ARPIN: All right. Well, it helps me to understand the current
situation of your specific operation.
LISTNUM
1 \l 16738 Thank
you very much.
LISTNUM
1 \l 16739 MR.
DANCY: Yes, 6:00 to 10:00 a.m. and
6:00 p.m. to 10:00 p.m. at night are when we are actually live every day.
LISTNUM
1 \l 16740 COMMISSIONER
ARPIN: All right, fine.
LISTNUM
1 \l 16741 Thank
you.
LISTNUM
1 \l 16742 THE
CHAIRPERSON: Vice Chairman French...?
LISTNUM
1 \l 16743 COMMISSIONER
FRENCH: Mr. Dancy, you are a Niagara
Falls guy. You grew up there?
LISTNUM
1 \l 16744 MR.
DANCY: No, sir.
LISTNUM
1 \l 16745 COMMISSIONER
FRENCH: Oh, where did you grow up?
LISTNUM
1 \l 16746 MR.
DANCY: I was born in Montreal. My father was in the broadcast business so I
went to Sarnia, Toronto, I mean, you name it.
LISTNUM
1 \l 16747 COMMISSIONER
FRENCH: I'm just feeling badly about
your comments about sports, because when I was the age of your current target
market I listen to a guy called Rex Stimers ‑‑ do you know who
Rex Stimers is?
LISTNUM
1 \l 16748 MR.
DANCY: Yes. Yes, he is a radio ‑‑
LISTNUM
1 \l 16749 COMMISSIONER
FRENCH: I was absolutely riveted to Rex
Stimers. I heard every game the St.
Catharines Teepee's played for at least three or four ‑‑ until
puberty really hit and a little time afterwards. So the story really is that there is not much
sports enthusiasm among those kids, or at least they don't get it on the radio.
LISTNUM
1 \l 16750 MR.
DANCY: And they go to the games, they
have their friends. There is no Junior A
team any more, okay. First of all, it's
Junior B. The last Junior A team was
actually in Niagara Falls, but there hasn't been a Junior A team in St.
Catharine's ‑‑ I hate to date you, sir, but it has been a
while.
LISTNUM
1 \l 16751 COMMISSIONER
FRENCH: It's all right. We have already been told how old we are
several times in the last three days.
LISTNUM
1 \l 16752 MR.
DANCY: But the key thing about it is, it
is not Calgary or a team with an NHL team or an NBA team or an American league
baseball team, or anything like that, so you really ‑‑ when
you talk about local sports you really have to talk about the absolute local
and hockey is still a big deal. That is
why we do the Junior B.
LISTNUM
1 \l 16753 Seven
of the eight teams, Fort Erie, St. Catharines, Niagara Falls, Thorold, I mean
you name a Port Colborne, Welland, Stony Creek, I mean they are all in
there. There is only one team of the
eight that is not from the Niagara Peninsula.
That is why we picked that particular loop, because it was very
local. We figured that with seven teams,
add up the number of players, roughly 20, add their benchwarmers and taxi squad
and the rest of it, you probably have 200 players, you had their families and
everything else, we figured that would be the largest scale.
LISTNUM
1 \l 16754 Now,
do we not ‑‑ yes, we do high school basketball. A friend of mine's son was the MVP of a local
tournament that they just resurrected, the Review Tournament, after 10 or 15
years. He was the MVP and we reported on
that. We reported on those scores in the
high school. So yes, we do do the
high school.
LISTNUM
1 \l 16755 But
if you are talking about something that we can commit to every week of the
year ‑‑ that is why I asked if it was a weekly, because we
have to find things. The summer is the
toughest time of the year for us. It is
very tough in May, June July and August because high school is out, college is
and, university is out ‑‑
LISTNUM
1 \l 16756 COMMISSIONER
FRENCH: Is there still a racetrack in
Fort Erie?
LISTNUM
1 \l 16757 MR.
DANCY: I'm not sure that the teen
and young adults are really into that, but yes there is, sir.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16758 COMMISSIONER
FRENCH: I don't want you to misconceive
my objective, because what I am understanding is:
LISTNUM
1 \l 16759 One,
you are in a border market which is not a typical radio market;
LISTNUM
1 \l 16760 Two,
you are addressing a very challenging demographic, a very challenging market;
LISTNUM
1 \l 16761 Three,
by and large you are making what you consider to be a very good faith attempt
to observe the Commission's requirements, but that none of them turned out to
be a commercial asset in your operations.
LISTNUM
1 \l 16762 You
know, if that is fair, fine, if it's not you should say something.
LISTNUM
1 \l 16763 MR.
DANCY: That's fair.
LISTNUM
1 \l 16764 COMMISSIONER
FRENCH: So just in conclusion I would
like to say I'm very glad you came. I
know it wasn't much fun. It has given me
a clear impression of who you are and what your operation is about. I think that you have expressed the problems
and challenges clearly and frankly and, for what it's worth, which is 20
percent of this Panel and 10 percent of the CRTC, I found your presentation
very convincing.
LISTNUM
1 \l 16765 MR.
DANCY: Thank you.
LISTNUM
1 \l 16766 THE
CHAIRPERSON: Commissioner
del Val...?
LISTNUM
1 \l 16767 Legal
counsel, please...?
LISTNUM
1 \l 16768 MS
DIONNE: I have some questions. Some might seem to be repetitive, but I just
want to make sure that we cover everything that we want to cover, so please
bear with me.
LISTNUM
1 \l 16769 MR.
DANCY: Excuse me. There was one question and I am forgetting it
now, I apologize, but you said legal would discuss it with me when I asked.
LISTNUM
1 \l 16770 MS
DIONNE: Oh, yes. I could do this right away if you want.
LISTNUM
1 \l 16771 The
local programming condition of licence requires that you broadcast one third of
your broadcast week to local programming.
LISTNUM
1 \l 16772 So
you were correct, it is based on a weekly basis.
LISTNUM
1 \l 16773 MR.
DANCY: All right. But that is that it is produced. It doesn't say the content of it, only
that it is produced locally, which we have always done.
LISTNUM
1 \l 16774 MS
DIONNE: Yes.
LISTNUM
1 \l 16775 MR.
DANCY: But it doesn't talk about the
content. That was my real question.
LISTNUM
1 \l 16776 MS
DIONNE: You are correct. There is no specific timeframe
for the actual spoken word local.
LISTNUM
1 \l 16777 You
understand it correctly.
LISTNUM
1 \l 16778 MR.
FORTUNE: I think it is extremely
important, given what we have just discussed, especially regarding local
sports, to make this absolutely clear, because it seems to me it is quite
possible that there may be a week, and the Commission may conduct an audit of
that week and it may discover that there is no specific local sports reported
on CKEY‑FM during that week.
LISTNUM
1 \l 16779 It
should be clear that if Mr. Dancy can show that when in fact there is
relatively interesting local sports that the target audience would be
interested in to report on, that if in fact he does report on it when it
is happening, like the hockey games, that he is complying with the condition of
licence.
LISTNUM
1 \l 16780 MS
DIONNE: Please be comfortable that every
time we do a monitoring we ask the licensee to provide a response and they can
certainly explain at that point why there weren't sports during that week. So it is not really a rigid, rigid
requirement.
LISTNUM
1 \l 16781 You
must provide local sports. It is not
specific on a weekly basis, but when we monitor sometimes we monitor one
specific day, sometimes we might monitor one week, sometimes we might monitor
three days, but every time you will have the opportunity to file a response on
file, on the public record. All right?
LISTNUM
1 \l 16782 Based
on your service contour, does CJRN consider Fort Erie, Niagara Falls,
St. Catharines and Welland to be distinct population centres with some of
their own distinct area of interest within CKEY's regional market and service
area?
LISTNUM
1 \l 16783 MR.
DANCY: Yes. In one of the interventions I replied there
are 11 municipalities which include West Lincoln, Lincoln, St. Catharines,
Thorold, Niagara‑on‑the‑Lake, Niagara Falls, Welland, Port
Colborne, Fort Erie ‑‑ you are looking at 11 ‑‑
and each one of those are broken into separate areas.
LISTNUM
1 \l 16784 Ford
Erie specifically has Thunder Bay, it has the Old town, it has Douglas Town,
there are seven or eight areas and that.
LISTNUM
1 \l 16785 So
yes, when we are reporting on different areas what might be locally relevant
inside one area of the Peninsula might not be in the other area of the
Peninsula.
LISTNUM
1 \l 16786 One
of the reasons we picked Junior B sports was because there are seven teams
in the area so it was really relevant to almost everybody in the Niagara
Peninsula.
LISTNUM
1 \l 16787 But
in answer to your question, yes, there are areas of the Peninsula, let's say in
West Lincoln which has Smithville in it, that there might be something of an
area of Smithville that might be, we feel, of particular relevance to part of
our service of our market area and so we report on that.
LISTNUM
1 \l 16788 MS
DIONNE: All right.
LISTNUM
1 \l 16789 Do
you have any more comments on the Commission's expectation that for regional
services you must provide local reflection programming of direct and particular
relevance to the major community centres that make up your stations at regional
market area?
LISTNUM
1 \l 16790 MR.
DANCY: No, that was ‑‑
one of the Commission staff earlier clarified with me that it was the Niagara
Peninsula that was my market.
LISTNUM
1 \l 16791 That
was my question, by the way, the wording of the actual call to appear was and
they did confirm with me that it was the St. Catharines/Niagara market, the
Niagara Peninsula.
LISTNUM
1 \l 16792 MS
DIONNE: All right. In your letter to the Commission dated
November 15, 2005, you have mentioned that you have added a two‑person
morning show with emphasis on local information. We discussed that earlier.
LISTNUM
1 \l 16793 I
would like to get more information on this show. Could you describe the elements of the show
that are meant to be of particular relevance to the community you are licensed
to serve?
LISTNUM
1 \l 16794 How
long is the show or how much of it is spoken word?
LISTNUM
1 \l 16795 MR.
DANCY: It's a morning show where
we ‑‑ I mean, we have everything from stupid news to the
regular elements of the news programming.
We have Emily Zabo does all of our information for us. We have a guy by the name of Froggie who does
the actual talking about it.
LISTNUM
1 \l 16796 We
ensure that snow days there are proper reporting of school openings and
closings. That is very big for our
demographic and for the group that we are after. Is Brock University open or closed? What are the night classes doing, all of
that. So we are very heavily on
information.
LISTNUM
1 \l 16797 At
20 minutes after the hour and 20 minutes to the hour, approximately, as
you saw from your audit, that is when we do our news. We do around three minutes, a little over
three minutes of actual hard news. And
that is why the number of stories, because when you were doing three minutes,
six minutes an hour and you don't want to repeat stories, it takes a lot of
stories to get that done.
LISTNUM
1 \l 16798 Traditionally,
in radio a news story might be anywhere from 8 to 10 seconds, a long one would
be 20 seconds. So that takes a lot
of stories to fill the time.
LISTNUM
1 \l 16799 And
we want to be a bit different. We want
to be something where the youth are involved in it. So we can't ‑‑ we use the
term "scalp news" from another source such as the news talk radio
station, because their news talk really isn't that relevant to us. It isn't relevant to our constituency. They are in a 50‑plus audience and we
want an audience that is 12 to 34.
There is a heck of a difference in what your news content is.
LISTNUM
1 \l 16800 So
we have a person that spends the whole time doing nothing but scouring and
trying to find news and we record it.
LISTNUM
1 \l 16801 MS
DIONNE: And you have traffic, weather
reports?
LISTNUM
1 \l 16802 MR.
DANCY: Yes, absolutely we have
traffic. Yes, we have contracted for
traffic. As a matter of fact, the
Commission noted that traffic and weather was well covered.
LISTNUM
1 \l 16803 We
do that regularly, we do it in the morning show. I mean, in one day we looked at it and we
counted up the number of weather reports, we did 45, we did 11 traffic reports.
LISTNUM
1 \l 16804 So
to us that is very important.
LISTNUM
1 \l 16805 MS
DIONNE: You spoke earlier about the new
definition of local programming in the Commercial Radio Policy.
LISTNUM
1 \l 16806 Obviously
when you were monitored this definition was not applicable, but on
a going‑forward basis, now you understand that you must include
local news, weather, sports, promotion of local events and activities.
LISTNUM
1 \l 16807 MR.
DANCY: Yes, we do.
LISTNUM
1 \l 16808 MS
DIONNE: I was just wondering, what
measures have you ‑‑ we have discussed about the measure,
but I want to make sure that on a going‑forward basis with this new
definition what measures have you or will you implement to ensure that you
will comply with this new regulatory requirement in your next to licence term?
LISTNUM
1 \l 16809 MR.
DANCY: What we did was, there were a
couple of points that specifically ‑‑ I'm just looking for it
in my presentation ‑‑ that we specifically addressed.
LISTNUM
1 \l 16810 One
was that we have added a community ‑‑ since they changed the
rules we have added ‑‑ sorry, not changed, but clarified the
wording in the rules, we have added a community calendar broadcast once per
hour, okay, which includes events and activities throughout Niagara
Peninsula. That is all it includes, that
area, relevant to our audience such as concerts, entertainment events and
lifestyle activities. That is done every
day, and that runs once an hour. So that
is the first thing we have done.
LISTNUM
1 \l 16811 The
second thing was, we informed all of our on‑air staff that they were
required to ensure that at least 30 percent of local content, meaning news,
events, activities, refers to communities throughout the Niagara Peninsula, so
that they realize they have to do that in all what they do.
LISTNUM
1 \l 16812 MR.
FORTUNE: You added sports.
LISTNUM
1 \l 16813 MR.
DANCY: Yes, I'm sorry. Yes, sports.
LISTNUM
1 \l 16814 MS
DIONNE: For the local programming
elements discussed above, would you be prepared to undertake to take a minimal
local news commitment, hours and minutes, as part of your overall news as a
condition of licence?
LISTNUM
1 \l 16815 Like
right now your COL says three hours of news.
Would you agree as the condition of licence specifying a specific amount
for local news?
LISTNUM
1 \l 16816 MR.
DANCY: That's very good.
LISTNUM
1 \l 16817 Could
you just give me a minute to talk to my counsel about it?
LISTNUM
1 \l 16818 MS
DIONNE: Yes.
‑‑‑ Pause
LISTNUM
1 \l 16819 MR.
DANCY: If you were going to change it,
obviously then I would like to readdress the fact that it was news and spoken
word that we spoke with at the last hearing, it wasn't solid news.
LISTNUM
1 \l 16820 If
you are going to do a condition which requires a certain amount of that three
hours to be local, let's say for argument one hour, then I would like it would
say "news and information", "news and spoken word". That is what we spoke about at the
hearing. We didn't speak about specific
hard news.
LISTNUM
1 \l 16821 Yes,
I could do that, and yes ‑‑ would it help me reprogram, to not
just use it as a not tune out factor but maybe even do some really good stuff
that would actually allow me to get teens and young adults to tune in.
LISTNUM
1 \l 16822 But
if it is straight news, I really ‑‑ you know, if you are going
to change the condition I would love you to change the condition that would
actually help all of us attract a youth and young adult listenership. So if you are going to change it, I would
like you to say "three hours of news and information programming spoken
word" so that I can add the other elements in and they would be local and
I would commit then to a minimal amount, let's a 30 percent or one hour.
LISTNUM
1 \l 16823 MS
DIONNE: I would like to put on the
record that that was an "if" question.
‑‑‑ Laughter
/ Rires
LISTNUM
1 \l 16824 MR.
DANCY: Just a moment, please.
LISTNUM
1 \l 16825 MS
DIONNE: Yes.
‑‑‑ Pause
LISTNUM
1 \l 16826 MR.
DANCY: If you are looking at a content,
I think it should be a number of stories not time, or which stories are lead
stories.
LISTNUM
1 \l 16827 I
think when you start to do time it is going to be very difficult for me to have
my staff not just extend a story to make it boring and I will be in a continual
circle of not letting them extend stories just make the local story a time
story.
LISTNUM
1 \l 16828 It
may be relevant that the local story may be the longest story, but I mean if
you are looking at it I think it should be either the number of stories or how
many times we lead with a local story.
LISTNUM
1 \l 16829 Again,
it's and "if" question, but that would be what I would be comfortable
with.
LISTNUM
1 \l 16830 MS
DIONNE: All right.
LISTNUM
1 \l 16831 I
will ask you two more questions about relating to this mandatory order
section of the hearing.
LISTNUM
1 \l 16832 Do
you have any concerns about the Commission renewing your licence for
another short‑term period to allow it to reassess your compliance in the
upcoming years, two years, three years, four years period renewal?
LISTNUM
1 \l 16833 I
would like your views on that.
LISTNUM
1 \l 16834 MR.
DANCY: I would like to see the station
be allowed to go and ‑‑ I think that the station has
demonstrated ‑‑ I mean, the question is, you know: Have I done something that you can't trust me
with? Every time we have been asked for
something or pointed out something I have ‑‑ through my
counsel or directly, we have been efficient, we have answered your questions
directly, we have never obfuscated, and any time that we felt that there was a
mistake we have corrected it immediately and gone back and done it.
LISTNUM
1 \l 16835 I
really feel that if we could go on the licence term ‑‑ we
suggested one of the things instead of a mandatory order that was done with
Smiths Falls and Chilliwack, which Commission records seem to indicate were
farther offside than I was. They had no
local references, they didn't say the city of licence they were from, they
didn't say their market licence, there were a number of other issues, and they
had a form where they sent that Commission on a bi‑monthly that weeks
showing what they had done.
LISTNUM
1 \l 16836 That
to me would be, I think, a better regulator or a better monitor of what we
are doing.
LISTNUM
1 \l 16837 MS
DIONNE: More specifically, do you
have ‑‑ I guess that you would like a seven‑year renewal
obviously.
LISTNUM
1 \l 16838 MR.
DANCY: No, no. I'm just asking for the renewal in the
term. I think right now it is about four
and a half or five years out or something like that or by the time ‑‑
LISTNUM
1 \l 16839 MS
DIONNE: Yes, all right.
‑‑‑ Pause
LISTNUM
1 \l 16840 MS
DIONNE: Then the last question, which is
a typical question for mandatory order hearings, summarize for the Panel why a
mandatory order requiring CKEY‑FM to operate in compliance with the
condition of licence on local programming should not be issued.
LISTNUM
1 \l 16841 MR.
DANCY: I think first of all
CRTC concerns have been fixed immediately whenever they were brought to
our attention. We have never obfuscated
on it. While before now we have proceeded
to fulfil requirements, at the last hearing on the basis of what we discussed
seven months before our licence renewal we already implemented ‑‑
seven days after the hearing was over.
Within seven days we went and reprogrammed our day‑parts, we hired
staff, we had it done within seven days.
LISTNUM
1 \l 16842 As
far as process is concerned, every single Tuesday we have a staff meeting
and we emphasize the fact of the Commission's concerns that 30 percent
would have the talk, three hours of news, we program 10 percent more
than that. The Commission even found I
think it was three hours and 18 minutes, which is exactly 198 minutes, exactly
10 percent more, so our programming matched up exactly with what we wanted to
do.
LISTNUM
1 \l 16843 So
we have shown that every time we have been said do something, it's not like we
haven't done what the Commission has asked.
We made some mistakes and I admitted that.
LISTNUM
1 \l 16844 Staff
employment, including mine, is on compliance and we suggested a mechanism that
I think is a better monitor.
LISTNUM
1 \l 16845 So
no, I don't believe that a mandatory order is necessary.
LISTNUM
1 \l 16846 MS
DIONNE: Now I have two final questions
with regard to the new Canadian Content Development Contribution under the new
policy that was issued in December.
LISTNUM
1 \l 16847 So
we are done with the mandatory order stuff.
LISTNUM
1 \l 16848 Please
confirm your understanding that under the new Canadian
Contribution Development policy your station will have to contribute
a basic annual CCD contribution imposed as a regulation based on the station's
total annual revenues and in the amounts set out in paragraph 116 of the
new Radio Policy.
‑‑‑ Pause
LISTNUM
1 \l 16849 MR.
DANCY: In our letter of January 2007 we
confirmed that ‑‑ it says:
"This letter will confirm that
CKEY does wish to amend our plans to match the Commission's new policy for CD
as set out in Broadcasting Public Notice..." (As read)
LISTNUM
1 \l 16850 I
realize that it's a regulatory thing and all that, but I have to say that the
group, the Shaw Festival that has always got our funding up until the end of
this broadcast year ‑‑ because I believe this new CCD is not
effective until September 1st ‑‑ that this will be the
last year that we will be able to do it with the Shaw.
LISTNUM
1 \l 16851 I
have to tell you that their disappointment is great. They were quite upset by that. But they don't qualify any more, which is not
a great thing. If you have into the Shaw
Festival in Niagara‑on‑the‑Lake, it is a great ‑‑
it is absolutely phenomenal, and if you haven't, you should go.
LISTNUM
1 \l 16852 MS
DIONNE: Well, I wanted to make sure
that you understand the new policy requirement, but the contribution that will
be imposed by way of regulation is a basic contribution. I mean, there is nothing preventing you from
giving money to this organization.
LISTNUM
1 \l 16853 My
last question is just to get your comment on an implementation mechanism.
LISTNUM
1 \l 16854 As
set out in the Commercial Policy, the new annual basic contribution will be
imposed on all commercial radio licences by regulation.
LISTNUM
1 \l 16855 The
Commission could impose a transitional condition of licence reflecting the new
basic annual CCD until such time as the regulation comes into force.
LISTNUM
1 \l 16856 We
did mention we expect the regulation to come into force on the first of
September, but we never know what can happen.
We have to go through an LSP at the Justice Department and sometimes it
can be a long process, but we do hope that it will be in place for September
1st.
LISTNUM
1 \l 16857 So
I would just have your comments on whether you would mind the Commission
imposing a transitionary condition of licence that would in fact reflect
exactly what would be in the regulation and it would expire once the regulation
is put into place. It is a standard
condition of licence.
‑‑‑ Pause
LISTNUM
1 \l 16858 MR.
DANCY: Yes.
LISTNUM
1 \l 16859 MS
DIONNE: Thank you, Madam Chair.
LISTNUM
1 \l 16860 THE
CHAIRPERSON: Mr. Dancy and
Mr. Fortune, that concludes our questioning of you
this afternoon. I'm sure I speak on
behalf of the whole Commission when I say thank you for the clarity and
frankness with which you presented your views to us today.
LISTNUM
1 \l 16861 Thank
you.
LISTNUM
1 \l 16862 Madam
Secretary...?
LISTNUM
1 \l 16863 THE
SECRETARY: As there are no intervenors
who will appear with respect to this application, we will now proceed to Phase
III where the applicant may respond to the intervention that was filed on these
matters.
‑‑‑ Pause
LISTNUM
1 \l 16864 MR.
DANCY: We replied in writing to one
intervention, but I would like to say that my partner did ‑‑
and I forgot to mention it, he did send a letter that I would like to put on
record for the Commission, just recommitting what he said in 2004.
LISTNUM
1 \l 16865 At
that point he was not part of the licensee, but he wanted to be. Since then we have had a change of control
and Mr. Ferri is my partner and he is the controlling shareholder through
his company Northguard Capital, and he just wanted to put a letter on file
stating his commitment to working with the CRTC.
LISTNUM
1 \l 16866 He
is a long‑time Niagara resident, he has lived his whole life in Niagara
and all his businesses are in Niagara and I just wanted to put that letter on
file, if that would be okay.
LISTNUM
1 \l 16867 MS
DIONNE: The letter will be attached to
your presentation on the public file.
LISTNUM
1 \l 16868 MR.
DANCY: Thank you.
LISTNUM
1 \l 16869 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 16870 THE
SECRETARY: This completes
the consideration of Item 20 on the Agenda of this public hearing.
LISTNUM
1 \l 16871 I
would like to indicate for the record that the intervenors who did not appear
and were listed in the Agenda as appearing intervenors will remain on the
public file as not appearing interventions.
LISTNUM
1 \l 16872 Also,
there are a number of non‑appearing applications on the Agenda of this
public hearing. Interventions were
received on some of those applications.
The Panel will consider these interventions, along with the applications
and decisions will be rendered at a later date.
LISTNUM
1 \l 16873 This
completes the Agenda of this public hearing.
LISTNUM
1 \l 16874 Thank
you, Madam Chair.
LISTNUM
1 \l 16875 THE
CHAIRPERSON: Thank you.
LISTNUM
1 \l 16876 Before
I officially adjourned the hearing, I would just like to thank all applicants,
all intervenors, Commission staff for their incredibly hard work as they
perform their duties, the stenographer, the translators and, last but not
least, my colleagues for making my first experience of chairing a hearing quite
enjoyable.
LISTNUM
1 \l 16877 This
hearing is adjourned.
‑‑‑ Whereupon
the hearing concluded at 1719 /
L'audience se termine à 1719
REPORTERS
_____________________ _____________________
Johanne Morin Jean Desaulniers
_____________________
Monique Mahoney
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