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ARCHIVED -  Broadcasting Decision CRTC 2009-407

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  Route reference: 2009-113

Additional references: 2009-70, 2009-70-1, 2009-70-2, 2009-113-1, 2009-113-2, 2009-279
  Ottawa, 6 July 2009
  CTV Television Inc. and CTV Limited
Various locations
  The application numbers are set out in the appendix to this decision.
Public Hearing in the National Capital Region
27 April 2009
 

Licence renewals

  The Commission renews the broadcasting licences for the private conventional television programming undertakings listed in the appendix to this decision, from 1 September 2009 to 31 August 2010. The licences will be subject to the terms and conditions in effect under the current licences, as well as, for certain undertakings, conditions of licence relating to the broadcast of local programming.
 

Introduction

1.

In Broadcasting Notice of Consultation 2009-113, the Commission announced that it would hold a public hearing commencing 27 April 2009 (the Proceeding) to consider various licence renewal applications for private conventional television programming undertakings. In Broadcasting Notice of Consultation 2009-70, the Commission had indicated that it would be predisposed to issue short-term licences and would focus on certain key issues, including changes to commitments relating to local programming, priority programming and independent production. The Commission notes that, as set out in Broadcasting Regulatory Policy 2009-406, also issued today, it is maintaining the condition of licence relating to priority programming as well as the associated expectation relating to independent production. The rationale for each is set out in that regulatory policy.

2.

In Broadcasting Notice of Consultation 2009-70, private conventional television broadcasters were directed to specify any proposed amendments to existing conditions of licence, and the reasons for these amendments, as the Commission announced its intention to retain all other conditions of licence as they currently apply.

3.

In this context, the Commission received applications by CTVglobemedia Inc. (CTVgm), on behalf of CTV Television Inc. and CTV Limited, to renew the broadcasting licences for its conventional television programming undertakings serving various locations across Canada. A list of these undertakings is provided in the appendix to this decision.

4.

CTVgm proposed to cease providing separate and distinct local programming for the following programming undertakings: CKCO-TV-3 Oil Springs, Ontario; and CFRN-TV-3 Whitecourt, CFRN-TV-4 Ashmont and CFRN-TV-6 Red Deer, Alberta.1

5.

Finally, the applicant proposed to cease operations for CKX-TV Brandon and its transmitters, Manitoba, and to convert CKNX-TV Wingham, and CHWI-TV Wheatley and its transmitter in Windsor, Ontario, to rebroadcasting transmitters that would both operate under the broadcasting licence for CFPL-TV London. The applicant noted that CKX-TV was simply financially unviable to it and that it has decided to put the station up for sale. In regard to CKNX-TV and CHWI-TV, the applicant stated that the current economic environment makes it unable to offer separate and distinct local programming to the Wingham and Wheatley markets and, as a result, has not applied to renew the broadcasting licences for those undertakings. Consequently, the Commission did not receive licence renewal applications for CKX-TV, CKNX-TV and CHWI-TV.

6.

As part of this process, the Commission received and considered interventions with respect to each of the applications. The public record for this proceeding is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings."
 

Commission's analysis and determinations

7.

In Broadcasting Decision 2009-279, the Commission announced that it would issue a one-year licence renewal for the television stations operated by CTV Television Inc. in order to allow the Commission to consider these stations in the context of group-based (conventional and discretionary) licence renewals. These applications will be heard at a public hearing scheduled for the spring of 2010.

8.

After examining the applications in light of applicable regulations and policies, including the policy determinations announced in Broadcasting Regulatory Policy 2009-406, and taking into account the interventions received and the applicant's replies to the interventions, the Commission considers that the issues to be addressed in its determinations are the following:
  • allegations of non-compliance with requirements relating to local programming;
  • renewal of the broadcasting licences for the programming undertakings CHWI-TV Wheatley and its transmitter in Windsor, CKNX-TV Wingham and CKX-TV Brandon and its transmitters;
  • CTVgm's proposal to cease providing separate and distinct local programming for CKCO-TV-3 Oil Springs, CFRN-TV-3 Whitecourt, CFRN-TV-4 Ashmont and CFRN-TV-6 Red Deer; and
  • changes to local programming requirements.
 

Allegations of non-compliance with requirements relating to local programming

9.

The Communications, Energy and Paperworkers Union of Canada (CEP) alleged that, as a result of a number of decisions and actions taken by CTVgm during the current licence term, some of the CTVgm television stations were not in compliance with the spirit, terms and conditions of their local television licences. The Commission notes, however, that CTVgm's local programming requirements are currently set out as expectations and not as conditions of licence. Further, following an examination of the evidence presented by the CEP, the Commission considers that none of the changes implemented by CTVgm resulted in a situation where one of its television stations was operating in non-compliance with any of its conditions of licence.
 

Renewal of the broadcasting licences for the programming undertakings CHWI-TV Wheatley and its transmitter in Windsor,
CKNX-TV Wingham and CKX-TV Brandon
and its transmitters

10.

The Commission is aware that there have been ongoing discussions among various parties regarding the possible acquisition of CHWI-TV Wheatley and its transmitter in Windsor, CKNX-TV Wingham and CKX-TV Brandon and its transmitters. In order to avoid jeopardizing any potential discussions, as well as to keep all options open and prevent any premature closures of the stations involved, the Commission finds it appropriate to renew the broadcasting licences for CHWI-TV, CKNX-TV and CKX-TV from 1 September 2009 to 31 August 2010. The licences will be subject to the terms and conditions in effect under the current licences, as well as to a condition of licence relating to the broadcast of local programming, as set out below.
 

CTVgm's proposal to cease providing separate and distinct local programming for CKCO-TV-3 Oil Springs, CFRN-TV-3 Whitecourt, CFRN-TV-4 Ashmont and CFRN-TV-6 Red Deer

11.

CTVgm, citing the current economic environment, indicated that it no longer intends to offer separate and distinct local programming for
CKCO-TV-3, CFRN-TV-3, CFRN-TV-4 and CFRN-TV-6. Accordingly, the Commission will not issue separate renewal decisions for those television programming undertakings and will instead list them and their current rebroadcasters as rebroadcasters for the appropriate originating stations. However, the Commission invites CTVgm to revisit its decision to cease offering separate and distinct local programming in the communities served by the above undertakings in the context of the above-mentioned group-based licence renewals. Further, the Commission expects the applicant to reflect, where appropriate, issues relevant to these communities in the programming broadcast within these communities.
 

Changes to local programming requirements

12.

The Commission received several proposals relating to the appropriate level of local programming that should be broadcast by television stations operating in English-language metropolitan and non-metropolitan markets.2

13.

In Public Notice 1999-97, the Commission stated the following:

[…] in the new television environment, there are sufficient market incentives to ensure that audiences will continue to receive a variety of local news without regulatory requirements. News programming is a key element in establishing a station's identity and loyalty with viewers and is generally profitable.

14.

However, since the issuance of that public notice, the industry has undergone significant consolidations, and large media companies – detached from the local communities they serve – now operate the majority of conventional television stations. Further, over the course of the current economic downturn, it has been observed that broadcasters are more likely to cut local programming, programming that can entail significant infrastructure costs, rather than make difficult decisions in terms of cutting popular programming. It is the Commission's view that diversity of voices and local reflection are equally as important as, if not more important than, other preoccupations of broadcasters and that such considerations and the public demand for local programming are currently not being appropriately recognized by many within the industry. These two elements are important objectives mandated by the Broadcasting Act and the Commission needs to ensure that they are supported by the broadcasting system.

15.

The Commission has therefore determined, as set out in Broadcasting Regulatory Policy 2009-406, that television stations operating in English-language non-metropolitan markets must broadcast a minimum of seven hours of local programming per broadcast week. Accordingly, the Commission requires, by condition of licence, the following CTVgm television stations to meet this minimum level of local programming over the course of the licence term:

ASN Net Halifax, CJCB-TV Sydney, CJCH-TV Halifax, CKCW-TV Moncton, CKLT-TV Saint John, CFPL-TV London,
CHBX-TV Sault Ste Marie, CHRO-TV Pembroke, CHWI-TV Wheatley, CICI-TV Sudbury, CITO-TV Timmons, CKCO-TV Kitchener, CKNX-TV Wingham, CKNY-TV North Bay, CKVR-TV Barrie, CKX-TV Brandon, CKY-TV Winnipeg,
CFQC-TV Saskatoon, CICC-TV Yorkton, CIPA-TV Prince Albert, CKCK-TV Regina, CFCN-TV-5 Lethbridge and
CIVI-TV Victoria.

As set out in Broadcasting Regulatory Policy 2009-406, the above-noted television stations will not be eligible to receive funding from the LPIF if they are not in compliance with this condition of licence.

16.

Further, the Commission has determined that television stations operating in English-language metropolitan markets must broadcast a minimum of 14 hours of local programming per broadcast week. Accordingly, the Commission requires, by condition of licence, the following CTVgm television stations to meet this minimum level of local programming over the course of the licence term:

CFCF-TV Montréal, CFTO-TV Toronto, CFTO-DT Toronto, CHRO-TV-43 Ottawa, CJOH-TV Ottawa, CFCN-TV Calgary, CFCN-DT Calgary, CFRN-TV Edmonton, CIVT-TV Vancouver and CIVT-DT Vancouver.

17.

The Commission notes that any of CTVgm's television stations that have been permitted to count the number of hours of regional programming broadcast towards their local programming requirements shall be allowed to continue to do so.

18.

In addition to the above, the Commission expects the licensee to maintain a local presence as described in Broadcasting Regulatory Policy
2009-406.

19.

The Commission will review these local programming levels in the context of the aforementioned group-based licence renewals, so as to determine whether they remain appropriate. The Commission reminds CTVgm that the above levels are only minimums and welcomes any additional local programming that CTVgm chooses to broadcast in the markets it serves.
 

Conclusion

20.

In light of the above, the Commission renews the broadcasting licences for the conventional television programming undertakings set out in the appendix to this decision from 1 September 2009 until 31 August 2010. The licences for these undertakings will be subject to the terms and conditions set out in Decision 2001-457, which apply to all of CTVgm's television stations, to the conditions of licence that are unique to each of CTVgm's stations, which are set out in the individual decisions accompanying Decision 2001-457, and to all subsequent amendments to the stations' conditions of licence. Further, the licences for the television stations listed in paragraphs 16 and 17 above will be subject to the conditions of licence relating to the broadcast of local programming set out in those paragraphs.
 

Employment equity

21.

Because the licensees of the television programming undertakings listed in the appendix to this decision are subject to the Employment Equity Act and file reports concerning employment equity with the department of Human Resources and Social Development Canada, their employment equity practices are not examined by the Commission.
  Secretary General
 

Related documents

 
  • Policy determinations resulting from the 27 April 2009 public hearing, Broadcasting Regulatory Policy CRTC 2009-406, 6 July 2009
 
  • Renewal of the broadcasting licences for private conventional television stations considered at the 27 April 2009 Gatineau public hearing – Initial decisions and scope of subsequent policy proceeding, Broadcasting Decision CRTC 2009-279, 15 May 2009
 
  • Licence Renewals for Private Conventional Television Stations – Notice of hearing, Broadcasting Notice of Consultation CRTC 
    2009-113, 3 March 2009
 
  • Scope of licence renewal hearings for private conventional television stations, Broadcasting Notice of Consultation CRTC 2009-70, 13 February 2009
 
  • Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC  2008-100, 30 October 2008
 
  • Licence renewals for CFRN-TV, CFRN-TV-3, CFRN-TV-4 and CFRN-TV-6, Decision CRTC 2001-457-12, 2 August 2001
 
  • Renewal of CKCO-TV and CKCO-TV-3, Decision CRTC 2001-457-5, 2 August 2001
 
  • Licence renewals for the television stations controlled by CTV, Decision CRTC 2001-457, 2 August 2001
 
  • Building on success – A policy framework for Canadian television, Public Notice CRTC  1999-97, 11 June 1999
  This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
 

Appendix to Broadcasting Decision CRTC 2009-407

 

Private conventional television programming undertakings operated by CTVglobemedia Inc. (CTV Television Inc. and CTV Limited)

 

Call sign

Location

Application

Licensee

 

Nova Scotia

   
 

ASN Net3

Halifax

2009-0048-2

CTV Television Inc.

 

CJCB-TV
and its transmitters
CJCB-TV-1
CJCB-TV-2
CJCB-TV-3
CJCB-TV-4
CJCB-TV-5
CJCB-TV-6

Sydney

Inverness
Antigonish
Dingwall
New Glasgow
Bay St. Lawrence
Port Hawkesbury

2009-0084-6

CTV Television Inc.

 

CJCH-TV
and its transmitters
CJCH-TV-1
CJCH-TV-2
CJCH-TV-3
CJCH-TV-4
CJCH-TV-5
CJCH-TV-6
CJCH-TV-7
CJCH-TV-8

Halifax

Canning
Truro
Valley
Bridgetown
Sheet Harbour
Caledonia
Yarmouth
Marinette

2009-0085-4

CTV Television Inc.

 

New Brunswick

   
 

CKCW-TV
and its transmitters
CKCW-TV-1
CKCW-TV-2
CKAM-TV
CKAM-TV-1
CKAM-TV-2
CKAM-TV-3
CKAM-TV-4
CKCD-TV

Moncton

Charlottetown
St. Edward
Upsalquitch
Newcastle
Chatham
Blackville
Doaktown
Campbellton

2009-0089-6

CTV Television Inc.

 

CKLT-TV
and its transmitters
CKLT-TV-1
CKLT-TV-2

Saint John

Florenceville
Boiestown

2009-0090-4

CTV Television Inc.

 

Quebec

   
 

CFCF-TV

Montréal

2009-0040-9

CTV Television Inc.

 

Ontario

   
 

CFPL-TV

London

2009-0054-9

CTV Limited

 

CHWI-TV
and its transmitter
CHWI-TV-60

Wheatley

Windsor

(no renewal application received)

CTV Limited

 

CKNX-TV

Wingham

(no renewal application received)

CTV Limited

 

CFTO-TV
and its transmitters
CFTO-TV-1
CFTO-TV-2

Toronto

Severn Falls
Bobcaygeon

2009-0070-6

CTV Television Inc.

 

CFTO-DT

Toronto

2009-0196-9

CTV Television Inc.

 

CHBX-TV
and its transmitter
CHBX-TV-1

Sault Ste Marie

Wawa

2009-0071-3

CTV Television Inc.

 

CHRO-TV

Pembroke

2009-0073-9

CTV Limited

 

CHRO-TV-43

Ottawa

2009-0216-5

CTV Limited

 

CJOH-TV
and its transmitters
CJOH-TV-6
CJOH-TV-8
CJOH-TV-47

Ottawa

Desoronto
Cornwall
Pembroke

2009-0098-7

CTV Television Inc.

 

CICI-TV
and its transmitters
CICI-TV-1
CKNY-TV-11

Sudbury

Elliot Lake
Huntsville

2009-0079-7

CTV Television Inc.

 

CITO-TV
and its transmitters
CITO-TV-1
CITO-TV-2
CITO-TV-3
CITO-TV-4

Timmins

Kapuskasing
Kearns
Hearst/Halledbourg
Chapleau

2009-0082-0

CTV Television Inc.

 

CKCO-TV
and its transmitters
CKCO-TV-2
CKCO-TV-3

Kitchener

Wiarton
Oil Springs

2009-0088-8

 

2009-0207-4 (transmitter in Oil Springs)

CTV Television Inc.

 

CKNY-TV

North Bay

2009-0090-1

CTV Television Inc.

 

CKVR-TV
and its transmitter
CKVR-TV-1

Barrie

Parry Sound

2009-0093-7

CTV Limited

 

Manitoba

   
 

CKY-TV
and its transmitters
CKYA-TV
CKYB-TV
CKYB-TV-1
CKYD-TV
CKYF-TV
CKYP-TV
CKYT-TV
CKYS-TV

Winnipeg

Fisher Branch
Brandon
McCreary
Dauphin
Flin Flon
The Pas
Thompson
Snow Lake

2009-0095-3

CTV Television Inc.

 

CKX-TV
and its transmitters
CKX-TV-1
CKX-TV-2
CKX-TV-3

Brandon

Foxwarren
Melita
McCreary

(no renewal application received)

CTV Limited

 

Saskatchewan

   
 

CFQC-TV
and its transmitters
CFQC-TV-1
CFQC-TV-2

Saskatoon

Stanraer
North Battleford

2009-0061-4

CTV Television Inc.

 

CICC-TV
and its transmitters
CICC-TV-2
CICC-TV-3
CIEW-TV
CIWH-TV
CIWH-TV-1

Yorkton

Norquay
Hudson Bay
Warmley
Wynyard
Humboldt

2009-0076-3

CTV Television Inc.

 

CIPA-TV
and its transmitters
CIPA-TV-1
CIPA-TV-2
CKBQ-TV
CKBQ-TV-1

Prince Albert

Spiritwood
Big River
Melfort
Nipawin

2009-0081-2

CTV Television Inc.

 

CKCK-TV
and its transmitters
CKCK-TV-1
CKCK-TV-2
CKCK-TV-7
CKMC-TV
CKMC-TV-1
CKMJ-TV

Regina

Colgate
Willow Bunch
Fort Qu'Appelle
Swift Current
Golden Prairie
Marquis

2009-0087-0

CTV Television Inc.

 

Alberta

   
 

CFCN-TV
and its transmitters
CFCN-TV-1
CFCN-TV-2
CFCN-TV-3
CFCN-TV-6
CFCN-TV-7
CFCN-TV-13
CFCN-TV-14
CFCN-TV-16

Calgary

Drumheller
Banff
Brooks
Drumheller
Bassano
Pigeon Mountain
Canmore
Oyen

2009-0051-5

CTV Television Inc.

 

CFCN-DT

Calgary

2009-0200-1

CTV Television Inc.

 

CFCN-TV-5
and its transmitters
CFCN-TV-4
CFCN-TV-8
CFCN-TV-9
CFCN-TV-10
CFCN-TV-11
CFCN-TV-12
CFCN-TV-15
CFCN-TV-17
CFCN-TV-18
CFWL-TV-1

Lethbridge

Burmis
Medicine Hat
Cranbrook
Fernie
Sparwood
Moyie
Invermere
Waterton Park
Coleman
Invermere

2009-0214-9

CTV Television Inc.

 

CFRN-TV
and its transmitters
CFRN-TV-1
CFRN-TV-2
CFRN-TV-3
CFRN-TV-4
CFRN-TV-5
CFRN-TV-6
CFRN-TV-7
CFRN-TV-8
CFRN-TV-9
CFRN-TV-10
CFRN-TV-11
CFRN-TV-12

Edmonton

Grand Prairie
Peace River
Whitecourt
Ashmont
Lac la Biche
Red Deer
Lougheed
Grouard
Slave Lake
Rocky Mountain House
Jasper
Athabasca

2009-0066-4

2009-0206-6 (transmitters in Whitecourt, Ashmont and Red Deer)

CTV Television Inc.

 

British Columbia

   
 

CIVI-TV
and its transmitter
CIVI-TV-2

Victoria

Mount Seymour

2009-0086-2

CTV Limited

 

CIVT-TV

Vancouver

2009-0083-8

CTV Television Inc.

 

CIVT-DT

Vancouver

2009-0191-9

CTV Television Inc.

Fotnotes

1 For details related to the current local programming commitments for each of these undertakings, see Decision 2001-457-5 for CKCO‑TV‑3, and Decision 2001-457-12 for CFRN‑TV‑3, CFRN‑TV‑4 and CFRN‑TV‑6.

2 The definitions of metropolitan and non-metropolitan markets are the same as those set out in Broadcasting Public Notice 2008-100. Accordingly, English‑language metropolitan television markets are those television markets in which the population with a knowledge of the English language, as defined by Statistics Canada, is one million or more, whereas English‑language non‑metropolitan television markets are those television markets in which the population with a knowledge of the English language is less than one million.

3 ASN Net is a satellite to cable programming undertaking.