Broadcasting Notice of Consultation CRTC 2013-448 PDF version Ottawa, 28 August 2013 Notice of hearing 5 November 2013 Gatineau, Quebec Deadline for submission of interventions/comments/answers: 27 September 2013 [Submit an intervention/comment/answer or view related documents] The Commission will hold a hearing commencing on 5 November 2013 at 9 a.m., at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec, to consider the following applications: Applicant/Licensee and Locality 1. RNC MEDIA Inc. Montréal, Quebec Application 2013-0237-2 2. 8324441 Canada Inc., on behalf of TELETOON Canada Inc. Across Canada Application 2013-0596-2 and renewal applications 2012-1162-2, 2012-1163-0 and 2012-1164-8 3. Corus Entertainment Inc. Across Canada Applications 2013-0597-0, 2013-0600-4 and 2013-0611-8 4. 8324433 Canada Inc., on behalf of 8504598 Canada Inc. and 8384851 Canada Inc. Across Canada Applications 2013-0589-7 and 2013-0590-5 5. OpenBroadcaster Inc. Across Canada Application 2013-0439-4 6. OpenBroadcaster Inc. Across Canada Application 2013-0441-9 2 7. Cobequid Radio Society Lower Sackville, Nova Scotia Application 2013-0570-7 8. Newcap Inc. Sydney, Nova Scotia Application 2013-0988-1 9. Newcap Inc. Saint John, New Brunswick Application 2013-0983-1 10. Newcap Inc. Saint John, New Brunswick Application 2013-0984-9 11. 159272 Canada Inc. Chicoutimi, Drummondville, Gatineau, Montréal, Québec, Saint-Hyacinthe, Sherbrooke and Trois-Rivières, and their surrounding areas, Quebec Application 2013-0632-4 12. 159272 Canada Inc. Belleville, Hamilton, Kingston, Kitchener, London, Niagara Falls, Oshawa, Ottawa, Sarnia, Sault Ste. Marie, Sudbury, St. Catharines, Toronto (GTA) and Windsor, and their surrounding areas, Ontario Application 2013-0631-6 13. Nexicom Communications Inc. Peterborough, Ontario Application 2013-0824-7 14. CAB-K Broadcasting Ltd. Vegreville, Alberta Application 2013-0006-1 15. Newcap Inc. Hinton, Alberta Application 2013-0615-0 16. Vista Radio Ltd. Grand Forks, British Columbia Application 2013-0688-7 3 Preamble Item 1 On 31 January 2013, the Commission received an application by RNC MÉDIA inc. (RNC) to renew the broadcasting licence for CKLX-FM Montréal and amend certain conditions of licence pertaining to its programming. Specifically, RNC is requesting a number of programming amendments that would see the station switch from a Jazz and blues music format to a spoken word format. First known as “Couleur Jazz,” then “Planète Jazz,” CKLX-FM is a French-language commercial radio station that has been operating in the Montréal radio market since 2004 with a Jazz and blues specialty music format. In the summer of 2012, the station’s branding was changed to “CHOI Radio X Montréal”. This branding is a reference to other spoken word stations owned by RNC. The licensee is requesting a licence amendment further to the station’s financial losses, which it attributes to the specialty music format, and to a desire to compete more effectively in the Montréal francophone radio market through a spoken word format. In CKLX-FM Montréal – Licence Amendments, Broadcasting Decision CRTC 2013-123, 14 March 2013, the Commission denied an earlier application to change the station’s format to spoken word. In that decision, the Commission found that the licensee was in non-compliance with several regulatory requirements. The Commission stated that it would examine the licensee’s instances of non-compliance when the broadcasting licence for CKLX-FM came up for renewal. The Commission intends to consider, subject to interventions, item 1 during the appearing phase of the public hearing. Items 2 to 4 The Commission received applications by Corus Entertainment Inc. (Corus) and some of its subsidiaries, on behalf of the licensees of the broadcasting undertakings listed below, for authority to change their effective control to Corus: Item 2 (TELETOON suite) • TELETOON/TÉLÉTOON • TELETOON Retro (English) • TÉLÉTOON Rétro (French) • Cartoon Network 4 Item 3 • Historia • Séries+ Item 4 • CKQB-FM Ottawa • CKQB-FM-1 Pembroke • CJOT-FM Ottawa In Astral broadcasting undertakings – Change of effective control, Broadcasting Decision CRTC 2013-310 27 June 2013, the Commission directed BCE Inc. to divest its interests in these undertakings (as well as others). The shares of the undertakings’ licensees that are held directly or indirectly by Bell Media Inc. (Bell Media) are currently under the control of the Trustee Mr. Pierre Boivin, pursuant to the Voting Trust Agreement approved by the Commission in the Letter of approval of 27 June 2013. The Commission also received applications by TELETOON Canada Inc., the current licensee, to renew the broadcasting licences for the following national specialty programming undertakings, all expiring 31 March 2014 : • TELETOON/TÉLÉTOON (Category A, English- and French-language); • TELETOON Retro (Category B, English-language); and • TÉLÉTOON Rétro (Category B, French-language). These licence renewal applications will be considered concurrently with item 2. The Commission intends to consider, subject to interventions, items 2 and 3 during the appearing phase of the public hearing and item 4 during the non-appearing phase of the hearing. In accordance with section 35(1)(a) of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 (Rules of Procedure), the applicants and licensees are required to post the present notice of consultation or an electronic link to it on a page of their respective websites that is accessible from the home page by no later than five calendar days from the date of the present notice. It must remain there until the intervention deadline for this proceeding. Items 5 to 16 The Commission intends to consider, subject to interventions, items 5 to 16 during the non-appearing phase of the hearing. 5 1. RNC MEDIA Inc. Montréal, Quebec Application 2013-0237-2 Application by RNC MEDIA Inc. (RNC) to renew the broadcasting licence for the French-language specialty commercial radio programming undertaking CKLX-FM Montréal, expiring 31 August 2013. In addition, the licensee proposes to change the station’s conditions of licence in order to change its format from a specialty format focusing on content category 3 (Special Interest Music) music, with a particular emphasis on jazz and blues, to a specialty format devoting more than 50% of the broadcast week to spoken word programming. Specifically, the licensee proposes to delete the following conditions of licence set out in CKLX-FM Montréal – Licence renewal and amendment, Broadcasting Decision CRTC 2010-585, 17 August 2010 (Broadcasting Decision 2010-585): • The licensee shall devote a minimum of 70% of the station’s music programming to musical selections from subcategory 34 (Jazz and blues). • The licensee shall devote a minimum of 45% of all category 2 (Popular music) musical selections broadcast during the broadcast week to Canadian selections broadcast in their entirety. • The licensee shall devote a minimum of 35% of all category 3 (Special interest) broadcast during the broadcast week to Canadian selections, to be scheduled in a reasonable manner throughout the broadcast day. In addition, the licensee proposes to add the following condition of licence: • The licensee shall devote more than 50% of the station’s programming each broadcast week to programs from content category 1 (Spoken word). The licensee submits that CKLX-FM continues to encounter significant financial losses related to the non-viability of the jazz and blues music format in the Montréal region. In CKLX-FM Montréal – Licence amendments, Broadcasting Decision CRTC 2013-123, 14 March 2013, the Commission denied an application by RNC to amend its conditions of licence relating to the station’s programming. The Commission also determined that RNC had failed to comply with the following sections of the Radio Regulations, 1986 (the Regulations): • section 9(3)(b), which relates to the list of musical selections; • sections 8(5) and 8(6), which relate to logger tapes; and • section 2.2(5), which relates to the broadcast of French-language vocal music 6 Moreover, the Commission noted that the licensee failed to devote at least 70% of its programming to musical selections drawn from content subcategory 34 as required by condition of licence. The Commission reminds the licensee that it may consider recourse to additional measures, including non-renewal, short-term renewal, mandatory orders or suspension of the licence, pursuant to sections 9 and 24 of the Broadcasting Act. The Commission notes that in Broadcasting Decision 2010-585, the station was granted a short-term licence renewal to 31 August 2013, based on its failure to comply with its condition of licence relating to its Canadian content development (CCD) contributions. Additionally, the Commission approved in part the request by RNC to allocate the payment of its outstanding CCD contributions over the new licence term. The Commission notes that additional information may be added to the public file. Interested parties will have the opportunity to comment on any such additions. Licensee’s address: 1 Place Ville-Marie Suite 1523 Montréal, Quebec H3B 2B5 Fax: 514-866-8777 Email: [email protected] Website to view application: www.rncmedia.ca Email to request electronic version of application: [email protected] 2. 8324441 Canada Inc., on behalf of TELETOON Canada Inc. Across Canada Application 2013-0596-2 and renewal applications 2012-1162-2, 2012-1163-0 and 2012-1164-8 Application by 8324441 Canada Inc. (8324441 Canada), on behalf of TELETOON Canada Inc. (TELETOON Canada), for authority to effect a change in ownership and effective control of the undertakings of TELETOON Canada to Corus Entertainment Inc. (Corus). TELETOON Canada is the licensee of TELETOON/TÉLÉTOON, TELETOON Retro (English), TÉLÉTOON Rétro (French) and Cartoon Network (collectively TELETOON suite). TELETOON Canada is a corporation controlled by its board of directors, which are ultimately nominated by Corus and Mr. Pierre Boivin, the Trustee in control of the participation ultimately held by Bell Media Inc.