Tag Archives: CRTC

| TV

Bell Media asks CRTC to eliminate all local news requirements for CTV, CTV2 and Noovo stations

Saying it can’t wait until the coming review of television policy and group licence renewals completes its long process, Bell Media has filed applications with the CRTC to eliminate all regulatory requirements for local news at all of its CTV, CTV2 and Noovo stations across the country.

“Over the last decade, the operating environment for traditional, private Canadian broadcasters has changed dramatically,” Bell writes in its application. “Whereas in the past, Canadians looked to domestic services for information and entertainment, they can now access a virtually unlimited array of DMBUs such as Netflix, Disney+, Amazon Prime Video, and Apple+, most of which are foreign owned and controlled.”

Specifically, Bell is asking to eliminate the following conditions of licence:

  • A requirement for English-language stations in large markets to broadcast 14 hours of local programming per week
  • A requirement for French-language stations to broadcast local programming each week (5 hours in Montreal and Quebec, 2.5 hours at other stations)
  • Requirements for locally reflective news in English each week (6 hours in large markets, 3 hours in small markets, and special lower quotas for smaller or regional stations)
  • A requirement for 5 hours of locally reflective news each week on Noovo’s Montreal station
  • A requirement for Bell (as a group) to spend 11% of CTV/CTV2’s gross revenues on locally reflective news and 5% of Noovo’s gross revenues

If the CRTC grants all these requests, the only condition of licence related to local programming that would remain is a general requirement that stations outside metropolitan markets must broadcast seven hours of local programming per week (other smaller stations have exceptions for either less local programming or allowing them to group that requirement with nearby stations). This content would have to be local, but not necessarily news.

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What Bill C-11 means for online media

It’s done, Bill C-11, Canada’s new Online Streaming Act, has passed the House of Commons and Senate, received royal assent, and been made into law.

Welcome to the end times.

Or maybe not.

A few people have asked me to write about C-11, because they weren’t sure what it would mean. I don’t blame them. But on one hand I was a bit busy with stuff, and on the other hand, reading the bill it became clear that it’s designed not to be very specific about a lot of the things people actually care about. Instead, a lot of the details are just kind of left up to the CRTC, or to the government’s instructions to the commission. The law just establishes a legal framework for regulating online media, and corrects or updates various elements of the Broadcasting Act.

On May 12, the CRTC took the next step in this process, launching a formal consultation process for new regulations on broadcasting. It’s a long process, with a hearing in November, and they expect to actually have new rules put in place in 2024.

Here, I’ll explain a bit of what’s actually happening (and what’s not happening) with this new law and how it’s being implemented. In short: you’re probably not going to notice that much of a difference.

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| Radio

How CRTC policy changes could affect commercial radio in Montreal

Last month, the CRTC released its long-awaited review of its Commercial Radio Policy. The policy determines what standard regulations will apply to commercial AM and FM radio stations in Canada, covering things like Canadian content quotas, ownership limits, mandatory financial contributions and local programming minimums.

The industry pushed for some big changes in the policy, which has been a long time coming (the review of French music quotas started back in 2015 but was delayed in part because for a time the commission didn’t have enough francophone commissioners).

What they got was a lot of the same. Canadian and French-language content quotas are basically unchanged, local programming is still expected but not required, and stations still need to ask permission if they change between a mainly talk format and a mainly music format on FM. But there were a few changes that could make a big difference, in particular for stations in Montreal. Let’s get into them:

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| Radio

CRTC once again threatens Montreal’s Haitian radio station with licence revocation

“The Commission has concerns regarding the licensee’s ability and commitment to operate the station in a compliant manner.”

With that standard phrasing, the CRTC is once again threatening Montreal radio station CJWI 1410 AM (CPAM Radio Union) with revoking its licence over repeated failure to meet licence conditions.

The owners of the station, and two others in a similar situation (CICR-FM Parrsboro, N.S., and CKVM-FM Ville-Marie, Que.) have been called to appear at a hearing on April 5 to explain why their licences should be renewed despite their repeated failures, including in their current licence terms.

The station’s last licence renewal came in 2020, along with several mandatory orders requiring it to comply with its conditions of licence, and just after the commission refused to renew the licence of sister station CJMS 1040.

The latest apparent failures (CJWI is still being given the chance to explain how they are still in compliance) relate to a regulation requiring they provide a “complete and accurate” list of all musical pieces played on the air, and a requirement that at least 35% of non-pop music played be Canadian.

In correspondence with the commission, CJWI blamed the former on software it was using that did not count musical selections played for less than 12 seconds, and blamed the latter on the difficulty of finding Canadian specialty music of interest to the Haitian community.

If CJWI is found to be in non-compliance again, it would be the fifth consecutive licence term in which the station is not complying with its licence conditions. And it would be the second consecutive licence term in which it has failed to comply with a mandatory order requiring it to respect the regulation about having a complete and accurate music list. These are very serious matters and the CRTC can’t just let them go and maintain credibility as a regulator.

But revoking CJWI’s licence, or refusing to renew it, might not be the best thing for the broadcasting system. There isn’t much demand for AM frequencies these days (1040 AM remains vacant) and this is the only station specifically serving the Haitian community.

In a separate but related application also being heard in this proceeding, CJWI is asking the CRTC for amendments to its conditions of licence regarding music quotas. Since the CRTC is saying it failed to meet those quotas, it is unlikely to grant such changes.

Other stations are also in front of the commission to have their licences renewed, but with less ominous stakes. They include Radio Ville-Marie (CIRA-FM 91.3) in Montreal, which the CRTC says failed to meet Canadian and French-language music quotas.

The CRTC is accepting comments on these files until Feb. 9. Note that all information submitted, including contact information, becomes part of the public record.

| TV

CRTC orders Canadian TV providers to offer The News Forum to subscribers

Seven years after the Sun News Network shut down, Canada once again has a fifth national news network in the eyes of the CRTC.

On Tuesday, the commission determined that The News Forum, a conservative low-budget news discussion channel that tries to be a bit more serious than Sun News was, can be classified as a national mainstream news network, and get the same class of licence as CBC News Network, CTV News Channel, RDI and LCN. The big perk of that licence class is that all licensed Canadian TV providers must now add The News Forum to their systems, offer it to their subscribers, and package it with other news services.

Subscribers are not forced to add the channel to their packages, but this will undoubtedly increase the total subscriber base, especially since not all Canadian providers have added TNF to their systems so far. (Bell, Rogers, Telus and SaskTel have, but Cogeco and Videotron haven’t yet.) And more subscribers will mean more revenues, especially as this status gives TNF more power in negotiating wholesale rates with providers.

In May, the CRTC denied a similar application from TNF, finding that its schedule did not show it providing updated news reports at least every 120 minutes. TNF adjusted its schedule and applied again for the status.

While the schedule has been adjusted, not much has changed with the channel. Looking at its YouTube channel, it’s still mainly talking heads having long conversations on various public affairs topics. There are no actual journalists or news stories per se, and the bent is still right-wing with former Conservative politicians like Tony Clement and Tanya Granic Allen hosting shows. And it relies very heavily on repeats to fill the schedule, with just a couple of hours of original programming a day, though they have added new shows recently.

There’s a chance that with some new revenue The News Forum could invest in its programming, hire journalists and start looking more like an all-news channel that provides an alternative to CTVNC and CBCNN. But with video views on YouTube in the single and double digits, it has a long way to go before attracting people’s attention.

| Radio

CRTC approves Christian radio transmitter in Pointe-Claire

Christian Hit Radio’s CHRI-FM Ottawa is expanding to Pointe-Claire.

On Thursday, the Canadian Radio-television and Telecommunications Commission approved an application from CHR to add a rebroadcasting transmitter at the Lakeside Heights Baptist Church to serve the West Island community.

The 51-watt FM transmitter will be at 90.7 MHz, and very limited in its service area, including parts of Dorval, Beaconsfield, Kirkland and Dollard-des-Ormeaux.

Theoretical coverage area of a proposed retransmitter of CHRI-FM in Pointe-Claire

People in the rest of Montreal won’t be able to hear it, because of interference from CKUT 90.3 but more importantly another transmitter also on 90.7 FM in the Saint-Laurent borough.

In its decision, the commission noted that there isn’t an English-language religious radio station with Pointe-Claire in its primary service area. It also noted that there are other frequencies available that could serve Pointe-Claire, so this application would not exhaust available channels. (Montreal as a whole is saturated on FM, but there are still ways to cover parts of it on certain frequencies, though each new transmitter makes the task a bit harder.)

CHRI, which mainly broadcasts Christian music, has two years to implement the new transmitter, unless they request an extension. They have similar rebroadcasting transmitters already in Pembroke (100.7) and Cornwall (88.1), both of which are low-power. As rebroadcasting transmitters, they do not produce any original content and simply repeat the programming of the Ottawa main station, as the Pointe-Claire transmitter will.

| Radio

Radio Shalom officially proposes sale of 1650 AM to Christian broadcaster

Six years after Radio Shalom, Montreal’s Jewish radio station, announced it was shutting down, and then kind of came back a bit, the company is planning to wind up operations and officially transfer the licence to Gospel Media Communications, which has effectively been running the station since.

On Tuesday, the CRTC posted an application by Communications Média Évangélique / Gospel Media Communications to acquire CKZW 1650 AM (formerly CJRS) from Radio Shalom for $0. The company is owned by André Joly, who also sits on Radio Shalom’s board.

According to the application, Radio Shalom’s board voted to approve the deal after CME had already acquired most of its assets and was subsidizing the station’s financial losses in addition to providing gospel programming.

The fact that Joly has been effectively running things for months if not years would normally trigger some questions from the commission about whether an effective transfer of control happened without approval, but the application states that the station was in contact with the commission about its activities.

One thing the CRTC will need to settle is tangible benefits, the tax new owners have to pay when they acquire radio stations. Both groups are non-profit, and the agreed upon purchase price for the licence is zero, but the commission suggested in a letter it may set a value of $309,125 for the purchase, which includes payments from CME to Radio Shalom as well as the value of leases that would be transferred.

According to an unaudited 2021 financial statement, Radio Shalom had $136,834 in net assets.

If the commission finds the sale has an actual value, Joly has agreed to pay tangible benefits of up to $18,548, representing the standard 6% of the value. But the company argues (as many other acquirers have in other purchase deals) that the CRTC should not consider the value of leases when calculating tangible benefits.

Once the sale is approved and closed, Radio Shalom as a corporate entity would be wound up.

The application does not include any statements about changes to the station’s programming after the sale.

The CRTC will hold a pro forma hearing (without any presentations) on the application Oct. 13 in Gatineau. Those who wish to comment on the proposed sale have until Sept. 1 to do so.

| TV

The News Forum tries again to seek must-offer licence from CRTC

The News Forum, a low-budget conservative news-talk TV channel that last year got enough subscribers to require a broadcasting licence from the CRTC, is trying again to get the commission to force Canadian television distributors to offer the channel to their subscribers, less than two months after the commission denied their first attempt at this status.

The channel, owned (in fact if not legally) by Tore Stautland, asked the commission when it was licensed to be given the same category of licence as Canadian all-news channels CBC News Network, RDI, CTV News Channel and LCN. These channels are subject to a special status requiring all distributors to carry them, though it is up to the subscriber to choose whether or not to actually subscribe to it. (CBC NN and RDI also have a separate mandatory subscription order in Quebec and the rest of Canada, respectively.)

In its decision in May approving the licence, the CRTC denied that status, saying “the Commission is not satisfied that The News Forum provides updated news reports every 120 minutes,” which is one of the criteria it set in its policy.

It left the door open to applying again for that status, once it shows it meets the criteria.

So now The News Forum is trying again, after providing an “updated schedule” showing “daily updates” every two hours from 6am to 8pm. (The schedule suggests they will start at five minutes and 30 seconds past every two hours, until 30 minutes past the hour, but I think they meant to say the updates would be five minutes long until 5:30 past the hour.)

A glance at its website and YouTube channel suggest little else has changed about The News Forum. It still doesn’t seem to employ any journalists besides the anchors, who read out news briefs to still images and then conduct interviews via video link.

But that wouldn’t necessarily preclude it from getting that status. The CRTC’s criteria related to programming are the following:

  • Providing news updates every 120 minutes
  • At least 90% Canadian programming
  • At least 16 hours a day original programming (first-run or repeated)
  • At least 95% of all programming from the following categories: News, analysis and interpretation, long-form documentary and reporting and actualities
  • No more than 12 minutes of advertising per hour
  • Operate a live broadcast facility and maintain news bureaus in at least three regions other than that of the live broadcast facility
  • “have the ability to report on international events from a Canadian perspective”

Like Sun News Network before it, TNF is fully original, though it relies heavily on repeat programming and much of that is opinion, which can be classified as “analysis and interpretation.”

The part about news bureaus and broadcast facilities might be a challenge for The News Forum. But it will be up to the commission to decide if it meets the criteria.

And even if it does get the status, no one has to subscribe to it (unless it’s in a package you want).

The CRTC is accepting comments on The News Forum’s application until Aug. 8. You can submit comments here. Note that all information submitted, including contact information, becomes part of the public record.

 

| Radio

CRTC approves station swap between Cogeco Media and Arsenal Media

While the big news of the day was its approval of the Shaw-Rogers purchase, the CRTC also approved a pair of smaller transaction on Thursday, in which Quebec’s Cogeco Media and Arsenal Media agreed to sell stations to each other.

Under one deal, Arsenal acquires, for $1.5 million, three stations in the Abitibi region:

  • CJGO-FM 102.1 La Sarre (Capitale Rock), with transmitter CJGO-FM-1 Rouyn-Noranda
  • CHGO-FM 95.7 Val-d’Or (Capitale Rock)
  • CHOA-FM 95.7 Rouyn-Noranda (WOW), with transmitters CHOA-FM-1 103.5 Amos and CHOA-FM-2 103.9 La Sarre

In the other deal, Cogeco acquires, for $600,000, one station from Arsenal in Saguenay:

  • CILM-FM (O 98.3)

The Abitibi sale didn’t bring up major issues, except for the fact that they were formerly RNC Media stations, which Cogeco bought in 2018, which means there are still tangible benefits related to that transaction. Cogeco has agreed to continue to pay those benefits despite no longer owning the stations.

Arsenal plans to convert the stations to its brands, which include O, Plaisir and Hit Country. They will be Arsenal’s first stations in the Abitibi market, adding to its 16 stations in regions throughout Quebec.

For Saguenay, there was a bit of a thorny issue in terms of competition. Because Cogeco owns another station in Saguenay, and a third in nearby Alma, there was concern it might exceed its ownership limit. Analysis showed the Alma station didn’t cover enough of Saguenay to be an issue, but there was some overlap in the Alma market. Nevertheless, because no other broadcasters complained and Cogeco said it would not seek out advertising in Alma from its Saguenay stations, the CRTC allowed the acquisition to proceed.

Cogeco plans to convert CILM-FM to a Rythme FM station, giving the network a presence in all five of Quebec’s largest population centres and more than half the province’s population.

As a result of this issue being decided, the CRTC has reopened a proceeding into whether Rouyn-Noranda should get another radio station. Josyane Cossette has applied for a commercial radio station while CHOW-FM (Radio Boréale) in Amos applied for a retransmitter in Rouyn-Noranda. Other broadcasters can file applications to compete with these if they want to serve the market.

| Radio

Ottawa Christian radio station applies for FM transmitter in Pointe-Claire

The West Island could get its first radio station since the days of CFOX.

Well, not exactly.

Christian Hit Radio, which owns Ottawa’s CHRI 99.1 FM, has applied to the CRTC for a small transmitter at Lakeside Heights Baptist Church in the heart of Pointe-Claire.

The 51-watt transmitter (the lowest power that can be used on a protected frequency) at 90.7 FM would rebroadcast CHRI’s programming entirely and have no original programming, operating similarly to existing retransmitters in Pembroke and Cornwall, Ont.

In its application, posted Tuesday by the commission, CHR mentions the recent sale of WYUL 94.7 to Christian broadcaster EMF, and says “although CHRI-FM welcomes the abundance and diversity of Christian content, in order to have this diversity we need to have at least more than one station broadcasting this content in a given region.”

Theoretical coverage area of a proposed retransmitter of CHRI-FM in Pointe-Claire

With an antenna on the cross above the church, the signal would cover much of Pointe-Claire, and parts of Dorval, Beaconsfield, Kirkland and Dollard-des-Ormeaux.

Its coverage beyond that would be severely limited by two factors: having to protect second-adjacent channel CKUT-FM 90.3 (which has given its approval for this project provided any interference issues are dealt with) and another lowish-power transmitter, CJPB-FM, on the same frequency less than 15 kilometres away in St-Laurent. CJPB-FM, a community radio station, was approved in 2016.

CHR says it considered other possibilities for a transmitter, including on AM and at 88.1 MHz, the channel formerly used by a tourist information station at Trudeau airport in Dorval.

“We have also looked at the possibility of AM transmission but it is very difficult to install an AM operation in Pointe-Claire and considering an AM operation from the south shore to reach this area is prohibitive,” CHR writes in the application. “We have also considered HD Radio but we consider that the technology is not mature and promoted enough in Canada.”

The 88.1 plan was seriously considered, but eventually ditched because they could not get approval from CBC, which has a Radio One station at 88.5.

The CRTC application is accepting comments for the next month. You can file comments at crtc.gc.ca, under Open Part 1 Applications.