Decisions, Notices and Orders
ARCHIVED - Broadcasting Decision CRTC 2008-116
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Broadcasting Decision CRTC 2008-116
Ottawa, 30 May 2008
Various applicants
Chilliwack, British Columbia
Public Hearing at Vancouver, British Columbia
Licensing of a new radio station to serve Chilliwack, British Columbia
The Commission approves the application by Radio CJVR Ltd. for a broadcasting licence to operate a new FM radio station to serve Chilliwack.
The Commission denies the remaining applications for broadcasting licences for radio stations to serve Chillwack.
1. At a public hearing commencing 25 February 2008 in Vancouver, British Columbia, the Commission considered five applications for new radio programming undertakings to serve Chilliwack, all of which are mutually exclusive on a technical basis. The applicants were as follows:
Golden West Broadcasting Ltd.
Newcap Inc.
Radio CJVR Ltd.
Vista Radio Ltd.
Frank Torres, on behalf of a corporation to be incorporated.
2. As part of this process, the Commission received and considered interventions with respect to each application. The public record for this proceeding is available on the Commission's website at www.crtc.gc.ca under "Public Proceedings."
3. After reviewing the applications and interventions, the Commission is of the view that the primary issues to be considered are the following:
Can the Chilliwack radio market sustain additional radio services without an undue negative impact on existing stations?
If so, which of the applications should be approved, in light of the factors identified in Broadcasting Public Notice 2007-92 (the Call)?
The Chilliwack radio market and its ability to sustain new stations
4. The Chilliwack radio market consists of two local FM radio stations, both owned by Rogers Broadcasting Limited. CKCL-FM Chilliwack1 broadcasts a Soft Adult Contemporary format; CKSR-FM Chilliwack broadcasts a Lite Rock format.
5. Out-of-market tuning by Chilliwack area residents 12 years of age and older accounts for approximately 74% of their total tuning.2 Among the Vancouver radio stations available to Chilliwack listeners are several FM stations that offer, among others, a Top 40 / Contemporary Hit Radio format (CFBT-FM), a Classic Rock format (CFMI-FM), a Modern Rock format (CFOX-FM), a Country Music format (CJJR-FM) and a Variety format (CKLG-FM).
6. Although the compound annual growth rate of total revenues in the Chilliwack radio market surpassed those of British Columbia and Canada from 2004 to 2007, this radio market also saw dramatic fluctuations in revenue for that period. In addition, a slight decrease in the Chilliwack radio market's total revenues coupled with a slight increase in its total expenses, during the 2006/2007 period, resulted in a decrease in this radio market's profit before interest and tax (PBIT) margin during that same period.
7. The Commission notes, however, that retail sales in the Chilliwack Census Agglomeration (CA) are expected to grow by 32% from 2008 to 2013,3 and considers that future growth in the Chilliwack radio market advertising revenues would enhance this radio market's ability to absorb the entry of new radio competition. Moreover, given that the ratio of retail sales to total radio advertising revenues for the Chilliwack radio market is less than half that for all of Canadian radio,4 the Commission considers that there is significant untapped radio advertising potential in the Chilliwack market. Further, significant out-of-market tuning by Chilliwack area listeners to Vancouver radio stations would provide an opportunity for newly-licensed stations to repatriate those listeners, thereby making this listening audience attractive to Chilliwack advertisers.
8. In addition, a comparison of the Chilliwack radio market with other radio markets of similar size in Canada shows that there are fewer stations per capita in Chilliwack than in those other radio markets.5
9. Finally, according to Statistics Canada's 2006 Census, the population of the Chilliwack CA was 80,892, representing an increase of 9.3% from the 2001 Census; during this same period, the population of British Columbia increased by 5.3% and the population of Canada increased by 5.4%.6 Moreover, the population of the Chilliwack CA is expected to increase by a further 9.3% between 2008 and 2013.7
10. Based on the evidence set out above, the Commission is satisfied that the Chilliwack radio market could support the licensing of one new commercial radio station without experiencing any undue negative impact.
11. In Broadcasting Public Notice 2006-159, the Commission set out its general concern with the relatively lower profitability of radio markets with populations under 250,000, and signalled its intent to avoid over-licensing in such markets. The Commission is of the view that the licensing of one new commercial radio station to serve the Chilliwack radio market at this time is consistent with this intent.
Assessment of the applications
12. Having determined that there is room in the Chilliwack radio market for one additional service, the Commission has considered the applications to serve Chilliwack in light of the factors relevant to the evaluation of the applications outlined in the Call, which include the factors set out in Decision 99-480:
the quality of the application;
the diversity of news voices; and
the level of market impact.
13. The details relevant to the assessment of the applications are set out in Appendix 1 to this decision.
14. Having considered all of the applications in light of the criteria set out above, the Commission finds that the overall proposal by Radio CJVR Ltd. (Radio CJVR) best meets the needs of the Chilliwack radio market. In the Commission's view, the proposal by Radio CJVR would augment the diversity of radio voices in the Chilliwack radio market and would add to the news voices in that market. Moreover, the Commission considers that Radio CJVR presented a viable business plan, and that approval of its application would increase competition in the Chilliwack radio market without having an undue negative financial impact on that radio market.
15. The Commission considers that the programming proposed by Radio CJVR and the audience targeted by its proposed service would contribute to meeting the needs of underserved listeners in the Chilliwack radio market and would repatriate out-of-market tuning, in particular, to FM radio stations in Vancouver that operate under a format similar to that proposed by the applicant.
16. The addition of this service would contribute to the musical diversity of the Chilliwack radio market, with a Diversified Rock format targeting an audience from 18 to 54 years of age, with a slight emphasis on attracting male listeners. Radio CJVR indicated that a minimum of 40% of all musical selections from content category 2 (Popular Music) broadcast during the broadcast week and between 6:00 a.m. and 6:00 p.m. Monday through Friday would be Canadian selections, which exceeds the minimum requirements set out in the Radio Regulations, 1986. Of this amount, Radio CJVR committed to devote 25% to the broadcast of music from emerging artists.
17. Further, the station would broadcast 120 hours of local programming per broadcast week, of which 14 hours and 40 minutes would be spoken word programming, including two hours and 22 minutes devoted to news. In addition, the administrative, accounting and technical synergies that Radio CJVR, a relatively small player in the radio broadcasting landscape, would be able to achieve with its radio stations in Saskatchewan (CJVR-FM and CKJH Melfort) and Alberta (CIXM-FM Whitecourt) would enable it to foster its continued growth and better position itself in the Chilliwack market.
18. Finally, Radio CJVR committed to devote, over and above the basic annual contribution to Canadian content development (CCD), a total of $954,055 to CCD over seven broadcast years, upon commencement of operations. Of this amount, 20% would be devoted to FACTOR, with the remainder to be directed to eligible parties and initiatives as defined in Broadcasting Public Notice 2006-158.
19. In light of the above, the Commission approves the following application for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Chilliwack:
Application 2007-1385-1, received 2 October 2007
The terms and conditions of licence for this new service are set out in Appendix 2 to this decision.
20. Accordingly, the Commission denies the four remaining applications for broadcasting licences to operate radio programming undertakings in Chilliwack, as set out below:
Application 2007-0050-2, received 11 January 2007
Application 2007-0223-4, received 13 February 2007
Frank Torres, on behalf of a corporation to be incorporated
Call for applications for a broadcasting licence to carry on a radio programming undertaking to serve Chilliwack, British Columbia, Broadcasting Public Notice CRTC 2007-92, 3 August 2007
Revised policy concerning the issuance of calls for radio applications and a new process for applications to serve small markets, Broadcasting Public Notice CRTC 2006-159, 15 December 2006
Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006
Revised content categories and subcategories for radio, Public Notice CRTC 2000-14, 28 January 2000
Introductory statement - Licensing new radio stations, Decision CRTC 99-480, 28 October 1999
New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999
Revised Policy on the Use of Hits by English-Language FM Radio Stations, Public Notice CRTC 1997-42, 23 April 1997
Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992
This decision is to be appended to the 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: www.crtc.gc.ca.
Appendix 1 to Broadcasting Decision CRTC 2008-116
Specific details relevant to the assessment of the applications for new broadcasting licences for FM radio programming undertakings to serve Chilliwack, British Columbia
Details from the application
Application 2007-0050-2
Type: English-language commercial FM radio programming undertaking
Technical parameters: 89.5 MHz (channel 208A), average effective radiated power of 380 watts
Format: Adult Contemporary
Target audience: 25-50 years
Canadian content (music): 40% category 2*
Local programming per broadcast week**: 120 hours
Spoken word programming per broadcast week**: not specified
News programming per broadcast week**: 7 hours, 35 minutes (news*** and related surveillance material)
Canadian content development contribution (over the basic annual contribution): $200,000 over seven consecutive broadcast years
Emerging artists programming per broadcast week**: 2% to 5%
Format: Classic Hits (primarily from the 60's, 70's and 80's)
Spoken word programming per broadcast week**: 21 hours, 37 minutes
News programming per broadcast week**: 4 hours, 30 minutes (news***)
Emerging artists programming per broadcast week**: 4%
Format: Diversified Rock consisting of a blend of rock including Classic Rock, 70's Rock and Modern Rock (35% will be selections released within the past four years, with the balance made up of legendary tracks)
Emerging artists programming per broadcast week**: 25% of the 40% Canadian content level
Technical parameters: 89.3 MHz (channel 207A), average effective radiated power of 1,260 watts
Format: Classic Rock (two thirds from the 70's and 80's, one third from the 90's and today)
Spoken word programming per broadcast week**: 17 hours, 0 minutes
Emerging artists programming per broadcast week**: 5% minimum
Technical parameters: 89.1 MHz (channel 206B), average effective radiated power of 2,892 watts
Format: Mainstream blues, rock and rhythm and blues music
Emerging artists programming per broadcast week**: 20%
* Percentages shown for category 2 musical selections (Popular Music) are for both the broadcast week and the period from 6:00 a.m. to 6:00 p.m., Monday to Friday. The definition of "broadcast week" is the same as that set out in the Radio Regulations, 1986.
** The definition of "broadcast week" as it relates to local, spoken word, news and emerging artists programming is the same as that set out in the Radio Regulations, 1986.
*** As set out in Public Notice 2000-14, "news" excludes related surveillance material, that is, weather, traffic, sports and entertainment reports.
Terms, conditions of licence, expectation and encouragement
Issuance of the broadcasting licence to operate an English-language commercial FM radio programming undertaking in Chilliwack, British Columbia
The licence will expire 31 August 2014.
The station will operate at 89.5 MHz (channel 208A) with an average effective radiated power of 380 watts.
The Department of Industry (the Department) has advised the Commission that, while this application is conditionally technically acceptable, it will only issue a broadcasting certificate when it has determined that the proposed technical parameters will not create any unacceptable interference with aeronautical NAV/COM services.
The Commission reminds the applicant that, pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department notifies the Commission that its technical requirements have been met, and that a broadcasting certificate will be issued.
Furthermore, the licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 30 May 2010. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
Conditions of licence
1. The licence will be subject to the conditions set out in New licence form for commercial radio stations, Public Notice CRTC 1999-137, 24 August 1999, with the exception of condition of licence number 5.
2. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), in any broadcast week:
a) devote, in that broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and
b) devote, between 6:00 a.m. and 6:00 p.m., in the period from Monday to Friday of the same broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety.
For the purposes of this condition, the terms "broadcast week," "Canadian selection," "content category" and "musical selection" shall have the same meaning as that set out in the Regulations.
3. The licensee shall, upon commencement of operations, make a basic annual contribution to Canadian content development (CCD). The amount of the contribution shall be determined in accordance with the policy set out in Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006 (Broadcasting Public Notice 2006-158), as amended from time to time.
Of this basic annual contribution, 60% shall be allocated to FACTOR or MUSICACTION. The remainder shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Broadcasting Public Notice 2006-158.
This condition of licence shall expire upon the coming into force of the amendments to the Radio Regulations, 1986 relating to CCD.
4. In addition to its basic annual Canadian content development contribution, the licensee shall, upon commencement of operations, contribute $954,055 over seven consecutive broadcast years to the promotion and development of Canadian content, broken down as follows: Year 1: $72,750; Year 2: $80,875; Year 3: $94,469; Year 4: $143,391; Year 5: $167,205; Year 6: $190,000; and Year 7: $204,465.
The licensee shall allocate 20% of the amount for each broadcast year noted above to FACTOR.
The remaining amounts of this additional contribution shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.
5. The licensee must adhere to the guidelines set out in the Canadian Association of Broadcasters' (CAB's) Equitable Portrayal Code, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).
6. The licensee must adhere to the provisions of the Canadian Association of Broadcasters' (CAB's) Broadcast code for advertising to children, as amended from time to time and approved by the Commission.
The Commission expects the licensee to reflect the cultural diversity of Canada in its programming and employment practices.
In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
1 CKCL-FM has rebroadcasting transmitters at Abbotsford (CKCL‑FM‑1) and Vancouver (CKCL‑FM‑2).
2 BBM Canada, Fall 2007
3 Financial Post Survey of Market, 2008
4 Financial Post and the Commission's financial database
5 BBM Population Estimates and the Commission's financial database
6 www.statscan.ca
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