ARCHIVED -  Decision CRTC 87-336

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Decision

Ottawa, 7 May 1987
Decision CRTC 87-336
CFCN Communications Limited
Edmonton, Alberta - 862966900
At a Public Hearing in Calgary on 17 February 1987, the Commission considered an application to renew the broadcasting licence for CKNG-FM (formerly CJAX-FM) Edmonton and to amend this licence by reducing the weekly commitments to foreground and combined foreground/mosaic programming contained in the Promise of Performance.
On 27 September 1985, the Commission renewed the licence for CKNG-FM for a period of one year only, to 30 September 1986, because of shortcomings in the licensee's performance, particularly in the areas of station format and foreground and mosaic programming (Decision CRTC 85-917). Subsequently, for administrative reasons, the licence was renewed for a further nine months, to 30 June 1987 (Decisions CRTC 86-788 and 86-1179).
In Decision CRTC 85-917 the Commission also rejected proposals to change the station's format and to significantly reduce the levels of news, spoken word and Canadian content for category 5 (Music -General) selections. While indicating that it would be prepared to consider favourably a change in station format to Group I, the Commission directed the licensee to submit a revised Promise of Performance more in keeping with its original licensing commitments and, in the meantime, to adhere to its authorized Promise of Performance.
On 15 April 1986, the licensee was granted authority to operate the station in the Group I music format (Decision CRTC 86-357). In that decision, the Commission also approved reductions in the weekly commitments to spoken word and news programming, as well as in foreground (33% to 25%) and combined foreground/ mosaic programming (100% to 65%).
CKNG-FM effected the change in station format on 15 June 1986. Within a week, two other Edmonton stations, CIRK-FM and CKRA-FM, complained to the Commission that the level of hits broadcast by CKNG-FM was over 50% and the category 5 Canadian content commitment contained in the station's Promise of Performance (20%) was not being met.
A subsequent analysis by the Commission of CKNG-FM's programming for the week of 16 to 22 June 1986 revealed a very high level of hits (74%) and a level of Canadian content of 19%. A station self-assessment for the same period reported the level of hits to be 65%.
In a letter to the Commission dated 22 August 1986, the licensee acknowledged the seriousness of the situation and outlined several steps it had taken to ensure compliance with its Promise of Performance commitments in the future. These included compiling a library of Top 40 charts, daily and weekly audits of Canadian content, hits and foreground and mosaic programming, and controls on music lists to ensure compliance with its Promise of Performance commitments.
The Commission conducted a further analysis of CKNG-FM's programming for the period 9 to 11 September 1986 to assess the licensee's performance in the areas of Canadian content, hits, station format, foreground and combined foreground/mosaic programming. It found that the station was being operated in its authorized Group I music format, that it was meeting the 20% commitment to Canadian content in category 5 and had significantly improved its performance with respect to hits although the level was slightly over 50%. The analysis, however, also revealed problems with respect to the distribution of Canadian content and showed a level of foreground programming (16.2%) below the 25% commitment in the Promise of Performance, resulting in a level of combined foreground and mosaic programming (57.7%) below the committed 65% level.
Commission staff discussed these areas of concern with CFCN Communications Limited at a meeting and in letters prior to the hearing. This exchange of correspondence is on the public file. The licensee responded that it had implemented a number of measures to correct its foreground programming deficiency, including restructuring its musical foreground presentations. In addition, the licensee began to provide the Commission with weekly reports concerning its compliance with various aspects of its Promise of Performance, such as Canadian content, hits, foreground and mosaïc levels.
In view of the licensee's serious efforts to ensure compliance through the implementation of controls and taking into account its improved performance overall, the Commission has decided to renew CKNG-FM's licence from 1 July 1987 to 31 August 1990, subject to the conditions specified in this decision and in the licence to be issued.
With respect to the proposed reductions in the levels of foreground (from 25% to 15%) and foreground/ mosaic programming (from 65% to 50%), the licensee stated at the hearing that while there would be fewer foreground presentations, they would be station-produced and of higher quality, with increased amounts of enrichment material and no repeats, and also that its mosaïc features would be longer.
The licensee also described specific changes to be made in some of the presentations it now claims as foreground, including the fact that CKNG-FM's phone-in show, "Request Line", would no longer be logged as a foreground program. The Commission notes that the licensee intends to exceed its foreground and mosaïc commitments.
The Commission has considered the proposed Promise of Performance amendments in light of the licensee's original ambitious commitments of 33% foreground and 100% combined foreground/mosaïc programming, the reductions authorized in Decision CRTC 86-357 just over a year ago, the licensee's compliance record and the measures now in place to ensure compliance. It has also noted the licensee's commitment to improved foreground programming and its intention to maintain its current commitment to enrichment material.
Accordingly, the Commission approves in part the proposal to reduce the commitment to foreground format programming from 25% to 15%. The Commission approves a reduction in the weekly commitment to foreground to 18%, which represents approximately 75% of the station's previous commitment, and exceeds the minimum required level of foreground set out in Part III of the Radio Regulations, 1986.
The proposal to reduce the weekly commitment to combined foreground/ mosaïc programming from 65% to 50% is approved. During the new term of licence, the Commission will monitor the licensee's adherence to these conditions of licence and it expects the licensee not to seek any further reduction in these areas.
With respect to CKNG-FM's music programming, it is a condition of licence that the licensee maintain a level of hits below 50%. The Commission also expects the licensee to continue to monitor its Canadian content scheduling to ensure that such selections are scheduled in a reasonable manner throughout the broadcast day and week.
It is also a condition of licence that the licensee adhere to the CAB self-regulatory guidelines on sex-role stereotyping, as amended from time to time and accepted by the Commission.
The Commission commends the licensee for its contribution to the development of Canadian talent, and notes that CKNG-FM will continue to allocate some $100,000 per year in direct costs to this important area. As described at the hearing, CKNG-FM concentrates its efforts in three major areas: the recording of live concerts by Canadian artists performing in the Edmonton area for weekly broadcast, the "CKNG-FM Road Show" which brings local artists and groups to rural communities in northern Alberta, and an annual talent search.
The Commission acknowledges the eight interventions submitted in support of this application.
Fernand Bélisle
Secretary General

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