CFNY-FM Filing - Corus Entertainment

 Via Access Key January 25, 2012 Mr. John Traversy Secretary General Canadian Radio‐television and Telecommunications Commission Ottawa, Ontario K1A 0N2 Dear Mr. Traversy: Re: Application to renew the broadcasting licence of commercial radio undertaking, CFNY‐FM Brampton The present constitutes an application by Corus Radio Company, a wholly‐owned subsidiary of Corus Entertainment Inc. (Corus), to renew the commercial radio licence of CFNY‐FM Brampton, which expires August 31, 2012. Corus has filed via access key the following documents, identified in accordance with the naming convention specified in the application form: 1. The Covering Letter; 2. The Application Form (Form 106): “Application to Renew a Broadcasting Licence for a Commercial Radio Programming Undertaking”; 3. Appendix 2A – Ownership Information‐‐ CONFIDENTIAL; 4. Appendix 2A – Ownership Information‐‐ ABRIDGED; and 5. Appendix 4.3 – Emerging Canadian Artists. Corus hereby requests confidentiality to sections 31 and 32 of the CRTC Rules of Practice and Procedure with respect to the home addresses of the individual directors and officers of the corporations listed in Appendix 2A. This request is made to address privacy concerns related to the disclosure of the home addresses, other than the city of residence, of these directors and 1 officers. Corus has provided an abridged version of Appendix 2A, clearly identified as such, for inclusion on the public file associated with this application. Corus trusts that this application and supporting documents are in proper form; however, should you have any questions, please contact the undersigned. Thank you for your attention to this matter. Sincerely, Sylvie Courtemanche Vice President, Government Relations Corus Entertainment Inc. ***End of document*** 2 Application to Renew a Broadcasting Licence for a
Commercial Radio Programming Undertaking - Form 106
General instructions
1.
Filing
File electronically via Access Key by attaching the application to the Cover page.
Access Key allows secure transmissions to the Commission and also
authenticates your identity. Therefore, a signature is not required when using
Access Key. Applicants who file their application in this manner are not required to
submit a hard copy of the application and its related documents.
Applicants who cannot send their application electronically with the Access Key
service can contact the Commission at 1-877-249-CRTC (2782).
Applicants who need further information relative to the CRTC processes can
contact a Commission specialist at 1-866-781-1911.
2.
Instructions
The following questionnaire is in HTML format and may be downloaded to the
word processing software of your choice. This enables you to complete the
downloaded questionnaire by inserting your response in bold letters immediately
following the question. You may add lines to the tables if necessary but do not
alter or delete any text from the questionnaire.
The application must be divided into sections as set out in the questionnaire, and
include the numbered questions followed by the corresponding response.
Responses must be provided, at a minimum, in a size 10 font.
Naming conventions for the electronic documents
The following documents should be submitted as separate electronic documents
using the naming convention specified below. The document number (Doc#)
indicates the ascending order in which the documents should appear on the public
file.
•
•
•
•
The Covering Letter (if any) - APP - Doc1 - Cover Letter dated ____
The Application Form - APP - Doc2 - Form 106 "Application to Renew a
Broadcasting Licence for a Commercial Radio Programming Undertaking"
Appendix 1 - APP - Doc3 - Appendix 1 - Supplementary brief
Appendix 2A - APP - Doc4 - Appendix 2A - Ownership Information
•
•
•
•
•
Appendix 2B - APP - Doc5 - Appendix 2B - Corporate Documents
Appendix 3 - APP - Doc6 - Appendix 3 – Industry Consolidation & CrossMedia Ownership
Appendix 4 - APP - Doc7 - Appendix 4 - Over and above contributions
Each confidential document - NOT WEB - APP - Doc - CONFIDENTIAL "brief description of the document"
Each abridged version of each confidential document - APP - Doc ABRIDGED VERSION - "same description of document for which
confidentiality is requested"
The Commission may return the application if it has not been duly completed or if
the required technical documentation has not been filed with Industry Canada. The
onus will be on the applicant to submit a clear application that provides all of the
relevant information, identifies all regulatory issues raised in the application and
provides supporting documentation.
Canadian Radio-television and Telecommunications Commission
Application to Renew a Broadcasting Licence for a Commercial
Radio Programming Undertaking
1. General information
AM undertaking ( )
FM undertaking (x)
Call sign: CFNY‐FM
Location of undertaking: Brampton, Ontario
(if more then one transmitter, indicate them under section 5.1)
1.1
Identification of licensee
Name: Corus Radio Company Address: Corus Quay, 25 Dockside Drive, Toronto, Ontario M5A OB5
Fax: (416) 479‐7105 E-Mail: sylvie.courtemanche@corusent.com Contact person representing the licensee
(if there is no appointed agent under question 1.2)
Name: Sylvie Courtemanche
Title: Vice President, Government Relations
Telephone: (613) 692‐3177
Please indicate the E-mail address and Fax number that should be specified in a
Notice of Consultation for service of interventions.
E-Mail: sylvie.courtemanche@corusent.com
Fax: (416) 479‐7105
1.2
Appointment of agent
I, _________________________, the licensee, hereby appoint
_____________________ as my agent for and on my behalf and in my name to
sign, file and complete (if necessary) an application with the Canadian Radiotelevision and Telecommunications Commission and to sign and file a reply with
respect there to and I do hereby ratify, confirm, and adopt as my own act, such
application and all replies made thereto.
Date:
At:
Signature (not required if submitting electronically):
Address of agent:
Title:
Telephone:
Fax:
E-Mail:
1.3
Declaration of the licensee or its appointed agent
I, Sylvie Courtemanche, SOLEMNLY DECLARE THAT:
a. I am the representative of the licensee named in this application and as
such have knowledge of all matters declared therein.
b. The statements made in this application, or any document filed pursuant to
any request for further information by the Commission, are (will be) to the
best of my knowledge and belief true in all respects.
c. The opinions and estimates given in this application, or any document filed
pursuant to any request for further information by the Commission, are (will
be) based on facts as known to me.
d. I have examined the provisions of the Broadcasting Act and the
broadcasting regulations relevant to this application.
And I have signed
Signature:
Date: January 25, 2012
Witnessed by
Signature:
Name (Printed): Gary Maavara
Date: January 25, 2012
At: Toronto, Ontario
1.4
Location (s) where the application may be examined
Set out the applicant’s website address or, if the application is not posted on their
website, the email address where an electronic copy of the application may be
requested:
Website: www.corusent.com 1.5
Compliance
The undertaking is being operated in compliance with the provisions of the licence,
the Broadcasting Act, and all applicable regulations of the CRTC.
YES ( )
NO (x)
If NO, provide the full details of any non-compliance during the licence term,
including the reasons, any remedial action and, where applicable, the period of
time expected before the undertaking is operating in compliance.
The licensee is just completing the performance evaluation requested by the Commission for the week of January 8, 2012. Our existing compliance vetting process revealed that we may not have met Canadian content requirements for that week. We are currently conducting a comprehensive review of the matter, as well as determining what changes (if any) to current practices may be necessary. The licensee has established standard practices with respect to programming Canadian content that aim to exceed minimum requirements. We can assure the Commission that, at this time, the licensee is fully compliant with Canadian content requirements. It is our normal practice to exceed the Canadian content requirements on a weekly basis, and as far as we know, this mistake is an anomaly. We will provide a complete response to the Commission as soon as is practicable. 1.6
Same terms and conditions
a. The licensee proposes to operate this undertaking, including all authorized
ethnic SCMO services, if applicable, under the same terms, conditions and
definitions, as specified in the current licence, as well as the conditions of
licence specified in Broadcasting Regulatory Policy CRTC 2009-62,
Conditions of licence for commercial AM and FM radio stations , dated 11
February 2009. These conditions are replacing the conditions enumerated
in Public Notice CRTC 1999-137, New licence form for commercial radio
stations, dated 24 August 1999.
YES (X)
NO ( )
If NO, please indicate any proposed amendments, along with the
reasons why they are being sought.
b. For each amendment proposed at 1.6 a), provide the following information
in a Supplementary Brief identified as Appendix 1:
i.
a description of your current commitments in those areas as
well as the status of those commitments;
ii.
a description of your proposed changes;
iii.
the reasons in support of the proposed changes in relation to
your service overall, the broadcasting system and the
Broadcasting Act; and,
iv.
the implications/repercussions if you maintained the current
terms, conditions and definitions.
If the Supplementary Brief is more than 10 pages, include an
executive summary.
c. In the case of changes to the technical installations, you must complete an
amendment application form.
d. If you are proposing to continue the operation of an ethnic SCMO service,
provide the language of the service and the ethnic group being served.
1.7
Procedural request
The Canadian Radio-television and Telecommunications Commission Rules of
Practice and Procedure allow an interested person to request that the Commission
exercise a power under the Rules of Procedure or change the Rules of Procedure
for a specific proceeding (sections 5 and 7). This is generally called a procedural
request. You may consult the Implementation of new Rules of Practice and
Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23
December 2010, and the Guidelines on the CRTC Rules of Practice and
Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23
December 2010, for more information.
Is the applicant requesting that the Commission make an exception to its Rules of
Procedure in the treatment of this application?
Yes ( ) No (X)
If yes, please indicate which section of the Rules of Procedure you wish to vary,
and provide a detailed rationale as to why this request should be granted :
2. Ownership
Ownership
information
Appendix 2A: All applicants must complete section a) of the
Appendix but may be exempt from completing section b).
a.
The applicant
The entity applying to renew a broadcasting licence to
operate a commercial radio undertaking.
Attached as Appendix 2A. b.
The Shareholder Corporations
The parent corporation, the corporations which form part of
the control chain, and all corporations or legal entities listed
in Table 2.2 of Appendix 2A, holding directly or indirectly
10% or more of the voting interest of the corporation to
which the Table 2.2 pertains.
Corus will be filing updated ownership information for all of its broadcasting assets on March 30, 2012 in “Broadcasting Ownership Information Annual Filing – Corus Group” (Rapids #562859).
You may be exempt from completing this section if all
ownership information for each of the entities that form part
of the control chain has been supplied within the last 12
months from the date of this application and accepted as
satisfactory by the Commission. You must also ensure that:
•
•
•
Corporate
documents
no changes have occurred since the last filing
that would be subject to a notification
requirement or prior approval by the
Commission pursuant to the Regulations;
no amalgamation has occurred; and
the exemption statement in section a) of
Appendix 2A has been completed.
Append as Appendix 2B, a copy of all changes or amendments to
the constituting documents (for example, Certificate and Articles of
Incorporation, Amendment or Amalgamation, By-Laws, Partnership
Agreement, etc.), that are not already on file with the Commission:
•
•
For the applicant.
For the parent corporation and for each
corporation or other legal entity listed in table
2.2 of an Appendix 2A, holding directly or
indirectly 20% or more of the voting interest of
the corporation to which the table 2.2 pertains.
3. Industry consolidation and cross-media ownership
If Industry Consolidation and Cross-Media Ownership are not applicable, please
proceed to section 4.
3.1
Has the information in 3.2 been submitted to the Commission within the last 12
months?
YES (x)
NO ( )
If YES, provide reference to the application containing this information:
Application No.: 2011‐0221‐9
Date filed: February 1, 2011
If YES, proceed to section 4.
If NO, complete question 3.2.
3.2
Complete the following table, providing a list of all entities involved in any of the
areas listed below, for which any investment (equity and/or debt securities) is held
by the applicant, its directors, a corporation which directly or indirectly controls the
applicant and any shareholder holding 20% or more of the voting interest of the
applicant. The table may be appended as Appendix 3.
Business classification code
a.
Other CRTC licence and exempted undertakings
b.
Daily newspaper
c.
Non-daily newspaper or other media publisher
d.
Production or distribution of programming material
e.
Lessor of property, plant or equipment of applicant
f.
Telecommunications company regulated under the Telecommunications
Act
g. Company owning securities in any of categories a to f
Name of
Name of
Business
Type of Vote % held
security holder corporation in classification securities (y/n) compared to
which securities code
held
number issued
are held
4. Programming
4.1
Canadian content development (CCD) - Over and above contributions
In Broadcasting Public Notice CRTC 2008-67, Regulatory Policy, Amendments to
the Radio Regulations, 1986 - Implementation of the Commercial Radio Policy
2006 and the Digital Radio Policy, dated 23 July 2008, the Radio Regulations,
1986 (the Regulations) were amended to include provisions related to the new
Canadian Content Development (CCD) requirements.
Section 15(2) sets out the basic annual CCD contribution requirement. Section
15(4), states that no less than 60% of the basic annual CCD contribution must be
forwarded to FACTOR or MUSICACTION with the exception of ethnic stations or
spoken word stations as defined in Part III Section 15 of the Regulations. A
licensee proposing to operate an ethnic station or a spoken word station may
direct the basic CCD payments to eligible initiatives that support their content.
a. If the licensee proposes to exceed basic contributions to CCD as required
by Part III of the Regulations, the applicant will, by condition of licence,
devote a minimum of $ ___________ per year in direct contributions over
and above the required basic amount to the development of Canadian
content commencing in the first year of operations.
b. As indicated in paragraph 124 of Broadcasting Public Notice CRTC 2006158, Commercial Radio Policy 2006, dated 15 December 2006
(Broadcasting Public Notice 2006-158), no less than 20% of an applicant's
funding commitment that is over and above the basic annual CCD
contribution must be allocated to FACTOR or MUSICACTION. However, in
keeping with Section 15(4) of the Regulations, a licensee proposing to
operate an ethnic station or spoken word station may instead opt to direct
all of the proposed "over and above" CCD contribution to eligible initiatives
that support their content.
The licensee will, as a condition of licence, direct no less than 20%
of the amount identified in a) to FACTOR or MUSICACTION
YES ( )
NO ( )
If NO, and licensee will not operate either an ethnic or spoken word
station, explain.
c. Provide a detailed description of the initiatives and funding level to which
the licensee proposes to direct the over and above amount identified in a)
excluding those funds allocated to FACTOR or MUSICACTION. (Appendix
4)
Licensees are reminded that all contributions other than those allocated to
FACTOR or MUSICACTION must qualify according to the definition set out in
Broadcasting Public Notice 2006-158, paragraphs 108 to 110. The Commission
will be requiring licensees to demonstrate how the recipients of those CCD funds
meet the Commission's definition when filing their annual returns.
4.2
Local programming
The definition of Local Programming shall be as set out in paragraph 207 of
Broadcasting Public Notice 2006-158, as amended from time to time.
a. Provide a commitment to a minimum level of local programming to be
broadcast each broadcast week: ___ hours ___ mins.
The licensee commits to providing no less than 42 hours of local programming each broadcast week. Currently, the licensee provides 115 hours of local programming each broadcast week. If resources permit, the licensee intends to continue providing this amount of local programming in the next licence term. b. Referring to paragraphs 202 to 208 of Broadcasting Public Notice 2006158, describe how the service you provide meets the particular needs and
interests of the communities you are licensed to serve.
The licensee’s local programming is comprised of many elements, including modern rock, and local interstitial segments about Toronto. Many of these segments are centered on local music and entertainment featuring local artists. The licensee is a strong supporter of local talent, and regularly invites Emerging Canadian Artists, many of whom are from the community, to perform live on‐air. The Edge studio at Corus Quay is a significant hub of the local music scene in Toronto. Performances in the studio occur almost on a weekly basis and artists often drop in to discuss the music scene on‐air and with the perennial gathering of fans who visit the station. In addition, the licensee provides morning newscasts, sports and weather reports. Each week, the licensee broadcasts 30 minutes of local news, weather and sports (6 minutes/day, M‐F), plus regular traffic reports. The commitment to delivery of local information extends to the licensee’s website, which provides additional detail regarding the licensee’s programming, local events, news and information. The licensee provides significant support for local community groups and organizations through the provision of airtime for public service announcements (“PSAs”). The value of this airtime in the fiscal year 2011 was approximately $300,000. In the supplementary brief, include details concerning:
4.3
i.
Spoken Word content: this includes news, weather, sports,
promotions of local events, public affairs, documentaries,
programs of public debate including talk shows and open
lines.
ii.
Musical selections and music-oriented programs: these
include pre-recorded and live material.
Emerging artists
Paragraph 92 of Broadcasting Public Notice 2006-158 states that the Commission
will ask licensees through the renewal process for specific commitments to provide
airplay for and to promote emerging Canadian artists and their music.
Broadcasting Regulatory Policy CRTC 2011-316 adopted definitions for emerging
English and French-language Canadian artists.
As a radio station operating with a modern rock format, the licensee broadcasts and promotes Emerging Canadian Artists at a level that far exceeds radio stations operating with other formats. Since September 1, 2010, the licensee has broadcast music by many different Emerging Canadian Artists, 19 of which are outlined in Appendix 4.3. In respect of those 19 artists only, the licensee broadcast songs by Emerging Canadians Artists a total of 8,520 times since September 1, 2010. For some of these artists, such as Ubiquitous Synergy Seeker, the licensee was the first radio broadcaster in Canada to air their music. The licensee has broadcast the live performances of many Emerging Canadian Artists directly from the licensee’s new studio at Sugar Beach in Toronto. In addition to broadcasting the performances live, the licensee has opened the performance up to the public, in some cases attracting crowds of up to 2,000 people. A list of such appearances, a total of 15 since September 1, 2010, is included in Appendix 4.3. The licensee also promotes the music of Emerging Canadian Artists through station‐
sponsored live events. Each year, the licensee undertakes a number of live concert events, featuring a number of Emerging Canadian Artists. Events such as Edgefest and the CASBYs, to name only two, provide a forum for Emerging Canadian Artists to perform to local audiences. A list of all live concert events undertaken by the licensee since September 1, 2010, as well as the Emerging Canadian Artists who participated, is included in Appendix 4.3. a. Currently, what percentage of musical selections aired by the station in a
broadcast week features emerging artists?
See above response. b. What percentage of musical selections featuring emerging artists do you
intend to broadcast in the next licence term?
See above response. c. How, beyond the provision of airplay, do you intend to promote emerging
artists?
See above response. 4.4
New distribution platforms
a. Unregulated activites
Do you presently or do you intend to distribute audio content which is not
regulated by the CRTC by using emerging technologies, such as but not
limited to, internet streaming?
YES ( )
NO (x)
If YES, describe:
i.
Which emerging technologies you are or will be using and
their operational status;
ii.
What types of programming material you are providing or
intend to provide and how do the activities reflect the
objectives of the Broadcasting Act, specifically in relation to
the development and provision of Canadian content;
iii.
The estimated population and geographical reach of these
distribution platforms; and
iv.
The estimate usage of the emerging technologies in
operation.
b. Regulated activites
Are you conducting or planning to conduct experiments involving new
distribution technologies such as DMB or HD Radio to broadcast
programming?
YES ( )
NO (x)
If YES, describe:
i.
The technology experiments and their operational status;
ii.
The programming material that is being or will be distributed;
and
iii.
The estimated population and geographical reach of these
experimental distribution platforms.
c. If you are not broadcasting in digital and have answered NO to sections a)
and b) above, indicate what future measures, if any, you are considering to
move into the digital environment.
None. 4.5
Industry Codes
a. Is the licensee a member in good standing of the Canadian Broadcast
Standards Council?
YES (x)
NO ( )
b. The licensee accepts to adhere to the following codes, as condition of
licence, during all hours of broadcast:
i.
The Canadian Association of Broadcasters' Broadcast Code
for Advertising to Children (Public Notice CRTC 1993-99,
Revised Broadcast Code for Advertising to Children, dated 30
June 1993), as amended from time to time and approved by
the Commission.
YES (x)
NO ( )
If NO, provide reasons why the licensee would not be able to meet
this obligation.
ii.
The Canadian Association of Broadcasters' Equitable
Portrayal Code (Public Notice CRTC 2008-23, Equitable
Portrayal Code, dated 17 March 2008), as amended from time
to time and approved by the Commission (to be suspended as
long as the licensee is a member in good standing of the
Canadian Broadcast Standards Council).
YES (x)
NO ( )
If NO, provide reasons why the licensee would not be able to meet
this obligation.
5. Transmitters
5.1
If applicable, provide a list of transmitters with their corresponding location.
Call sign
Location
6. Inclusion of designated group
6.1
Employment equity
Information relating to employment equity is available in Public Notice CRTC
1992-59, Implementation of an employment equity policy, dated 1 September
1992, and Public Notice CRTC 1997-34, Amendments to the Commission's
Employment Equity Policy, dated 2 April 1997.
The Commission requires that the licensee responds to questions regarding
Employment Equity on behalf of the licensee as a whole, with reference to all of its
employees in aggregate, that is, employees at all undertakings for which the
licensee holds licences.
a. Is the licensee subject to the Employment Equity Act (applicable to
federally-regulated employers with 100 or more employees)?
YES (x)
NO ( )
If YES, proceed to question 6.2, "On-air Presence".
If NO, proceed to question 6.1b.
b. Outline examples of any measures (including hiring, training, apprenticeship
programs, work arrangements, etc.) that you have or will put in place for the
designated groups (women, Aboriginal peoples, persons with disabilities
and visible minorities).
Questions c to e are only applicable to licensees that have between 25 and
99 employees
c. How do you or will you communicate details of your employment equity
policies to managers and staff?
d. Have you assigned, or will you assign, a senior level person to be
responsible for tracking progress and monitoring results?
YES ( )
NO ( )
If YES, what authority does or will that person have to ensure goals
are achieved?
e. What financial resources do you have or will you put in place to promote
employment equity in the workplace (for example, funds for daycare,
access for persons with disabilities, etc.)?
6.2
On-air presence
Information relating to on-air presence and voice-overs is available in Public
Notice CRTC 1994-69, Consultations Regarding On-air Job Categories to be
Included in the Employment Equity Plans of Broadcasters, dated 10 June 1994,
and Public Notice CRTC 1995-98, Amendment to Reporting Requirements for
Employment Equity in On-air Positions, dated 19 June 1995.
Question a is applicable only to licensees that have 25 or more employees
a. Outline policies and procedures in place, or plans in this regard, to ensure
the representation of members of the four designated groups in on-air
positions, including voice-overs, where applicable. These policies,
procedures and plans should include references to programs produced by
the licensee, as well as to acquired programming and advertising.
The licensee’s policies and procedures aimed at ensuring representation of members of the four designated groups in on‐air positions are described in Corus’ Annual Report to CRTC on Cultural Diversity (2010), filed on January 31, 2011 (the “2010 Report”). Corus’ Annual Report to CRTC on Cultural Diversity (2011) (the “2011 Report”) will be filed with the Commission on March 15, 2012. The following examples are included in the 2010 Report: 1.
Recruitment and Outreach To reach a diverse group of applicants for job openings, Corus maintains a policy to post job openings on the Corus website and forwards them to a number of outreach organizations, including CareerEdge, the Canadian National Institute for the Blind (CNIB), and Canadian Women in Communications (CWC). In addition, Corus forwards job postings to the following agencies: Completing the Circle, Aboriginal Multi‐Media Society, Career Foundation focusing on Newcomers to Canada, The Ontario Federation of Indian Friendship Centres, ACCES Employment, Fort Erie Native Friendship Centre, Delaware Nation Council and the Aboriginal Employment and Training Centre. Corus also maintains a commitment to work with Career Bridge to develop relationships with and hire qualified immigrants new to Canada through their process of integrating skilled immigrants into the Canadian workplace. 2.
Membership in Strategic Alliance of Broadcasters for Aboriginal Reflection Corus continues to be a member of the Strategic Alliance of Broadcasters for Aboriginal Reflection (SABAR). SABAR is a group of Canadian broadcasters and Aboriginal organizations working to increase the contribution and representation of Aboriginal people in all aspects of the Canadian broadcast industry. Jointly initiated by Indian and Northern Affairs Canada, a diverse group of broadcasters and industry‐
related organizations, SABAR examines opportunities for Aboriginal participation in targeted areas such as internships, scholarships, partnerships with Aboriginal organizations and participation at job and career fairs targeting Aboriginal people. 3.
Membership in the Council on Inclusive Work Environments Corus continues to participate as an active member of the Council on Inclusive Work Environments (CIWE) facilitated by the Conference Board of Canada. CIWE provides a forum for senior level Human Resources professionals to discuss strategies for maintaining an equitable and diverse work environment. Group members meet twice per year, including an international meeting, to discuss the implications of human rights, diversity and employment equity related legislative changes, court rulings and governmental activities on an ongoing basis. 4.
Responsibilities of General Managers General Managers of all radio stations are required to ensure that their staff undergoes prescribed training relating to workplace diversity, employment equity and recruitment and selection. In conjunction with Corus’ Human Resources Department, general managers have a duty to ensure that fair hiring practices are in place at their respective locations and that their hiring managers use outreach organizations to attract a diverse pool of candidates for job openings at Corus, including on‐air talent. Question b is applicable only to licensees that have 100 or more employees
b. Provide the total number and percentage of on-air employees (full-time,
part-time and temporary), including voice-overs, from each designated
group, as well as the total number of all on-air employees who were
employed in the last year, in which reports were submitted to Human
Resources and Skills Development Canada.
Licensees are not required to provide data for each of the four job
categories identified individually in the above-mentioned public notices, but
rather for the four categories identified in aggregate.
The following figures were included in the 2010 Report. These figures will be updated in the 2011 Report. 6.3
On-air employees
Women
Number
234 %
40.28
Aboriginal Peoples
3
0.52
Persons with Disabilities
6
1.03
Visible Minorities
15
2.58
Total number of on-air employees
581 Cultural diversity
When the Commission refers to cultural diversity, it is referring to the inclusion of
groups that have been traditionally under-represented in broadcasting:
ethnocultural minorities, Aboriginal peoples, as well as persons with disabilities.
Such under-representation includes these groups' presence and portrayal on the
air and their participation in the industry.
As set out in Broadcasting Public Notice CRTC 2007-122, Canadian Association
of Broadcasters' Best Practices for Diversity in Private Radio; Reporting
requirements on cultural diversity for commercial radio operators, dated 2
November 2007 (Broadcasting Public Notice 2007-122), the Commission expects
all radio broadcasters to follow the Canadian Association of Broadcasters' best
practices for diversity in radio in order to incorporate and reflect the reality of
Canada's ethnocultural minorities, Aboriginal peoples, and persons with disabilities
in their programming.
a. Describe the steps you've taken to implement these best practices, as well
as those initiatives you are planning to implement in the next licence term.
Corus Radio’s approach to cultural diversity follows the CAB’s Best Practices for Diversity in Private Radio, approved by the Commission in BPN 2007‐122. Corus Radio has taken steps to implement these best practices, and reports to the Commission annually on its progress in this regard. On March 1, 2011, Corus Radio filed its first Annual Report on Diversity in Radio (2010) (the “2010 Radio Report”), following the reporting template developed by the CAB. Corus’ second annual report, covering 2011, will be filed by March 15, 2012. These reports describe how Corus Radio fosters cultural diversity in each of the following seven areas: (i) Corporate Accountability, (ii) Programming, (iii) News and Information Programming, (iv) Recruitment, Hiring and Retention, (v) Internship, Mentoring and Scholarships, (vi) Community and Industry Outreach, and (vii) Internal Communications. The following activities were included in the 2010 Radio Report: 1.
2.
3.
An information package on the CAB’s Best Practices for Radio has been provided to General Managers of the Corus radio clusters. The GMs, in turn, have been mandated to brief their program directors and on‐air staff as to the elements and implementation of these best practices. General Managers are responsible for ensuring that the workplace is inclusive and provides a respectful workplace. They are also responsible for managing outreach programs and other initiatives that have the purpose of increasing inclusion and representation of diversity in all areas of station operations. As noted above, to reach a diverse group of applicants, Corus posts job openings on its website and forwards them to a number of outreach organizations including CareerEdge, CNIB and CWC, as well as to Completing the Circle, Aboriginal Multi‐Media Society, Career Foundation focusing on newcomers to Canada, the Ontario Federation of Indian Friendship Centres (OFIFC), ACCES Employment, Fort Erie Native Friendship Centre, Delaware Nation Council and the Aboriginal Employment and Training Centre, where appropriate. 4.
5.
6.
Corus stations have a growing number of on‐air talent from the three designated groups, reflecting the diversity of the audiences they serve. For example, CFNY‐FM (Brampton) employs persons with disabilities in an on‐air role. News reporting and content generally is subject to an internal code as well as the CBSC codes. These serve to guide newsgathering, reporting and discussion elements to ensure that the content reflects a diverse range of views in an appropriate manner. Corus Radio runs the Assistant Radio Program Director Training Program, which seeks to ensures that Corus’ radio division is truly reflective of Canada’s diverse population. Corus designed this program to target and develop under‐represented individuals, specifically women and visible minorities, for managerial positions in its radio programming departments. While the training program has been open to all employees, Corus has been strongly encouraging women and visible minorities to apply. The goal was to make this key position at radio stations more accessible to all designated group members. In the first cycle of the program, three candidates were selected to participate from a pool of thirteen applicants; all three were women. Currently, the program is administered at the local level across all Corus Radio clusters in Canada with guidance from the VP, Brands and Programming based in Toronto. 7.
Corus stations are very active and involved with their communities raising millions of dollars for the communities served. In addition, our stations provide millions of dollars worth of free air time (PSAs) to promote a very diverse group of initiatives and events with both on‐air promotion and postings on our stations community events websites. The following list of promotional activities, not mentioned in the 2010 Radio Report, are examples of the licensee’s commitment to the local community in the calendar year 2011: (i) Tim Hortons “Camp Day” benefitting the Tim Hortons Children’s Foundation: • Remote live broadcast from site of Tim’s Camp Day (ii)
• On‐air announcements about the event • Broadcast of 56 30‐second PSAs devoted to promoting Camp Day McHappy Day, benefiting local children’s charities: •
•
•
Remote live broadcast from site of McHappy Day On‐air announcements of the event Broadcast of 22 30‐second PSAs devoted to promoting McHappy Day (iii) The Ride to Conquer Cancer 2011 in Support of The Campbell Family Institute at The Princess Margaret Hospital • Participation of on‐air host in event • Broadcast of 156 PSAs relating to host’s participation in the event (iv) Weekend to End Women’s Cancers benefiting The Princess Margaret Hospital •
•
•
Participation of station’s promotions director in the event Live cut‐ins by promotions director from the event Broadcast of 290 PSAs promoting the event (v)
The Daily Bread Food Bank •
•
Raising funds and donations through sponsorship of a number of local concerts in Toronto over the holiday season Broadcast of 80 PSAs promoting the concert events and the Daily Bread Food Bank b. For the purpose of meeting the reporting requirements established in
Broadcasting Public Notice 2007-122, please confirm whether you are a
large, medium or small radio operator, in accordance with the definitions as
set out in paragraph 22 of the same notice, and that you will comply with
the corresponding reporting requirement.
Corus is a large radio operator as defined in paragraph 22 of Public Notice 2007‐122. As such, Corus confirms that it will comply with the annual reporting requirement for large commercial radio operators. 7. Request for documents to be designated as confidential
Sections 30 to 34 of the Canadian Radio-television and Telecommunications
Commission Rules of Practice and Procedure set out a process by which parties to
Commission proceedings may file information on the record of a public proceeding in
confidence.
A party filing information can “designate” it as confidential at the time it is filed with the
Commission (section 31) if it falls into one of the following categories:
1. Information that is a trade secret
2. Financial, commercial, scientific or technical information that is confidential and
that is treated consistently in a confidential manner by the person who submitted
it; or
3. Information the disclosure of which could reasonably be expected :
1. To result in material financial loss or gain to any person;
2. To prejudice the competitive position of any person; or
3. To affect contractual or other negotiations of any person.
At the time that the party files the information it designates as confidential, it must
provide an abridged version of the document along with an explanation of how the
information falls into a category of information listed in section 31. The party must
provide a detailed rationale to explain why the disclosure of the information is not in the
public interest (section 32(1)).
The confidential version of the document must be filed separately and must be marked
“CONFIDENTIAL” on each page. If the document is filed electronically, each file
containing confidential information must include “CONFIDENTIAL” in the file name.
The abridged version of the document and the reasons for the designation of
information as confidential will be placed on the public record of the proceeding.
Please consult the Implementation of new Rules of Practice and Procedure,
Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and
the Procedures for filing confidential information and requesting its disclosure in
Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010961, 23 December 2010, for complete process for filing confidential information.
7.1 Request for documents to be designated as confidential
Are you requesting for some information to be designated as confidential?
Yes (x) No ( )
If yes, you must provide a detailed rationale to explain why the disclosure of the
information is not in the public interest:
Details regarding the request for confidentiality are outlined in the Covering Letter to this application. Book of supporting documents
Appendix number and name
Appended E-filed
(Yes or No) (Yes or No)
Section 1: General Information
1 Supplementary Brief
Section 2: Ownership
No
No
2A Ownership Information
Yes
Yes
2B Corporate Documents
No
No
Section 3: Industry consolidation and cross-media ownership
3
Industry Consolidation & Cross-Media Ownership
No
No
No
No
Section 4 : Programming
4
Over and above Contributions
This document is available in alternative format upon request.
CRTC 106 (2011-10-13) - Renewal – Commercial Radio
Version française disponible
*** End
of Document **
ABRIDGED
APPENDIX 2A
Section A
Name of the APPLICANT
CORUS RADIO COMPANY
Definitions
2.1
Authorized Securities
Describe all categories of shares authorized to be issued.
Security Type
Class A
Class B
Common
Voting
Class A
Preferred NonVoting
Class B
Preferred NonVoting
2.2
Number of Votes Per
Share
Convertible
(y/n)
Participating (6)
(y/n)
Number of Shares
Authorized
Number Issued
and Outstanding
One
N
Y
Unlimited
0
Two
N
Y
Unlimited
1,000
None
N
N
Unlimited
0
None
N
N
Unlimited
39,000
Shareholding
Supply the details for each shareholder holding 10% or more of the voting shares(5), of the voting
rights (if different from the voting shares), and of any other category of shares identified in the
common shares(6) definition. For the remaining shareholders, (those holding less than 10%) supply
the total shares under "Others Canadian" and "Others Non-Canadian".
Security Type
Shareholder Name
Complete Home Address or Legal Entity
Jurisdiction
(1)
Class B Common 7596596
Voting
Canada Inc.
2.3
Federal
Canadian(2)
(x)
X
Number of
Shares Held
1,000
%
Votes
100
Directors and Officers
Supply a list of the current/proposed directors and officers of the corporation (3) (4)
Name of
Directors/Officers (1)
Complete Home Address
Canadian(2)
(x)
Directors Date of Appointment
John M. Cassaday North York, ON
X
September 1, 2011
Thomas C. Peddie Toronto, ON
X
September 1, 2011
Officer Position
Chief Executive
Officer
Chief Financial
ABRIDGED
Heather A. Shaw Calgary, AB
X
September 1, 2011
Cheryl Bechtel
Toronto, ON
X
September 1, 2011
Chris Pandoff
Etobicoke, ON
X
September 1, 2011
Judy Adam
Oakville, ON
X
September 1, 2011
Gary Maavara
Toronto, ON
X
September 1, 2011
Jack Perraton
Calgary, AB
X
September 1, 2011
Officer &
Treasurer
Chair
Vice President,
Controller
President
Vice President,
Finance
Assistant
Corporate
Secretary
Corporate
Secretary
Exemption:
The applicant hereby confirms that :
‰ All ownership information for each of the entities that form part of the control chain has been supplied
within the last 12 months from the date of this application, and accepted as satisfactory by the
Commission; and
‰ No changes have occurred since the last filing that would be subject to a notification requirement or
prior approval by the Commission pursuant to the Regulations; and
‰ No amalgamation has occurred.
date of filing of last complete update: __/__/__
YY/MM/DD
APPENDIX 2A
Section B
Name of the Shareholder Corporation
7596596 CANADA INC.
Definitions
ABRIDGED
2.1
Authorized Securities
Describe all categories of shares authorized to be issued.
Security Type
Common
2.2
Number of Votes Per
Share
One
Participating (6)
(y/n)
Convertible
(y/n)
N
Y
Number of Shares
Authorized
Number Issued
and Outstanding
Unlimited
109
Shareholding
Supply the details for each shareholder holding 10% or more of the voting shares(5), of the voting
rights (if different from the voting shares), and of any other category of shares identified in the
common shares(6) definition. For the remaining shareholders (those holding less than 10%), supply
the total shares under "Others Canadian" and "Others Non-Canadian".
Shareholder Name (1)
Security Type
Common
2.3
Corus Entertainment
Inc.
Complete Home Address or Legal Entity
Jurisdiction
630 – 3rd Avenue SW, Suite 501,
Calgary, AB T2P 4L4
Canadian(2) Number of
(x)
Shares
Held
%
Votes
X
100
109
Directors and Officers
Supply a list of the present/proposed directors and officers of the corporation (3) (4)
Name of
Directors/Officers (1)
Complete Home Address
Canadian(2)
(x)
Directors Date of
Appointment
John M. Cassaday North York, ON
X
January 24,
2011
Thomas C. Peddie Toronto, ON
X
January 24,
2011
Heather A. Shaw Calgary, AB
X
Cheryl Bechtel
Toronto, ON
X
Chris Pandoff
Etobicoke, ON
X
Judy Adam
Oakville, ON
X
Gary Maavara
Toronto, ON
X
January 24,
2011
January 24,
2011
January 24,
2011
January 24,
2011
January 24,
2011
For an additional APPENDIX 2A, copy tables 2.1, 2.2 and 2.3 on a new page
Officer Position
Chief Executive
Officer
Chief Financial
Officer &
Treasurer
Chair
Vice President,
Controller
President
Vice President,
Finance
Secretary
ABRIDGED
DEFINITIONS
(1)
director/shareholder: If any of these persons hold public office, by election or appointment,
indicate the office held under the name of the person(s).
(2)
Canadian:
Specify if Canadian or Non-Canadian. If a person, CANADIAN means a
Canadian citizen, ordinarily resident in Canada, and as defined in the
Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as
amended by P.C. 1998-1268. If a corporation, CANADIAN means a
"qualified corporation" as defined in the Direction to the CRTC (Ineligibility
of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(3)
directors
Means a person who is a member of the board of directors of a corporation
or, where the corporation has no directors, a person performing functions
that are similar to the functions performed by directors, as defined in the
Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as
amended by P.C. 1998-1268.
(4)
officers:
Those persons designated as Chairman, President, Chief Executive
Officer, Vice-President, General Manager, Secretary, Assistant-Secretary,
Comptroller, Treasurer, Assistant-Treasurer or any others under similar
titles.
(5)
voting shares:
The shares to which are attached one or more votes, and includes
securities that are convertible into such shares at all times at the option of
the holder.
(6)
common shares:
The shares that represent the residual equity in the earnings of the
corporation, and includes securities that are convertible into such shares at
all times at the option of the holder and the preferred shares to which are
attached rights to participate in the earnings of the corporation with no
upper limit.
(7)
applicant/shareholder: If a person, refers to a person who has reached the age of majority.
APPENDIX 4.3 SAMPLE OF EMERGING CANADIAN ARTISTS BROADCAST ON CFNY‐FM SINCE SEPTEMBER 1, 2010 Emerging Canadian Artist Number of Times Music Broadcast Cancer Bats 182 Castles, Crystal Feat. Robert Smith 736 Diamond Rings 376 Die Mannequin 830 Dinosaur Bones 223 Elias Guilty About Girls 800 159 Hail the Villain 216 Hey Rosetta! 375 Hollerado 771 Junction 28 KO 1048 My Darkest Days Feat. Zakk Wylde 117 Pack A.D. 320 Redlight King 534 Said The Whale 50 Sheepdogs 723 The Reason 921 Young Empires 111 LIVE PERFORMANCES BY EMERGING CANADIAN ARTISTS AT CFNY‐FM STUDIOS IN TORONTO SINCE SEPTEMBER 1, 2010 DATE TIME EVENT November 1, 2010 9:00 A.M. The Arkells November 2, 2010 7:30 P.M. The Reason December 1, 2010 7:00 P.M. Broken Social Scene April 10, 2011 7:00 P.M. The Trews May 10, 2011 7:15 P.M. Sam Roberts June 6, 2011 7:00 P.M. City & Colour June 27, 2011 7:30 P.M. Hey Rosetta August 2, 2011 7:30 P.M. KO August 5, 2011 7:30 P.M. Hollerado August 11, 2011 9:00 A.M. The Reason August 12, 2011 9:00 A.M. Sheepdogs September 15, 2011 7:30 A.M. Tokyo Police Club September 17, 2011 2:00 P.M. Mother Mother October 17, 2011 8:00 P.M. The Arkells December 15, 2011 9:00 A.M. The Pack AD EMERGING CANADIAN ARTISTS PROMOTED BY CFNY‐FM AT STATION SPONSORED CONCERT EVENTS SINCE SEPTEMBER 1, 2010 1.
CASBY AWARDS, September 30, 2010 Hollerado KO Elias Hot Hot Heat The Trews Tokyo Police Club Alexisonfire 2. PINA’S BIRTHDAY BASH FRIDAY, April 15, 2011 Hollardo Sheepdogs Free Energy 3. EDGEFEST, July 9, 20111 Arkells Dinosaur Bones Dirtymags Gentlemen Husbands Harlan Pepper Hollerado KO Michou Mockingbird Wish Me Luck Monster Truck Red Bacteria Vacuum San Sebastian Sandman Viper Command The Licensee did not undertake Edgefest in 2010. 1
The Reason The Sheepdogs The Weakerthans Tokyo Police Club 4. SAUSAGEFEST, August 13, 2011 Sheepdogs The Reason 5. CASBY AWARDS, September 22, 2011 The Reason Sam Roberts Ubiquitous Synergy Seeker Hey Rosetta Sheepdogs 6. EVERYTHING TO DO WITH FRED SHOW, February 25, 2011 KO Junction 7. EDGEFEST, July 14, 2012 2 Billy Talent Death From Above 1979 The Sheepdogs Ubiquitous Synergy Seeker The Pack A.D. Library Voices Said the Whale Hacienda Whale Tooth Indian Handcrafts Slated to appear. 2
The Coppertone The Darcys The Balconies Acres of Lions 8. EVERYTHING TO DO WITH FRED SHOW, February 10, 20123 Ubiquitous Synergy Seeker Rebel Emergency Monster Truck Slated to appear. 3
Via Access Key
March 6th, 2012
Mr. John Traversy
Secretary General
Canadian Radio-television and
Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Dear Mr. Traversy:
Re:
Application to renew the broadcasting licence of commercial radio
undertaking, CFNY-FM (Brampton) – Report on Canadian Content noncompliance during licence term and measures taken to rectify and ensure
ongoing compliance
Canadian Content non-compliance – what happened?
1.
On January 25th, 2012, Corus Radio Company (Corus) the licensee of CFNY-FM
(Brampton) filed an application for the renewal of the station’s licence. In section
1.5 of the Application form Corus responded as follows:
The licensee is just completing the performance evaluation requested by the
Commission for the week of January 8th, 2012. Our existing compliance vetting
process revealed that we may not have met Canadian Content requirements for
that week. We are currently conducting a comprehensive review of the matter, as
well as determining what changes (if any) to current practices may be necessary.
The licensee has established standard practices with respect to programming
Canadian Content that aim to exceed minimum requirements. We can assure the
Commission that, at this time, the licensee is fully compliant with Canadian
Content requirements. It is our normal practice to exceed the Canadian Content
requirements on a weekly basis, and as far as we know, this mistake is an
anomaly.
We will provide a complete response to the Commission as soon as is practicable.
2
2.
After completing the comprehensive review outlined above, Corus can now
confirm that during the week of January 8th, 2012, the licensee was not in
compliance with its Canadian Content requirements for both the total number of
Canadian songs played over the broadcast week (6am to midnight) and Monday
to Friday (6am to 6pm). The shortfall is as follows:
Spins CC%
Sun Jan 8, 2012 to Sat Jan 14, 2012
CRTC Rap Week
Total Weekly Songs Played 6a to Midnight 1346
Canadian Content
460
34.20%
FLO Spins1
23
Total Mon-Fri Songs Played 6a to 6p
559
Canadian Content
191
34.20%
8
3.
To begin, Corus wishes to reassure the Commission that it fully understands the
importance of meeting the minimum Canadian Content requirements established
in the Radio Regulations, 1986. In fact, Corus’ corporate policy on Canadian
Content strives to exceed those minimum standards with a requirement, among
many others, that all our stations broadcast no less than 35.5% Canadian Content
both during the broadcast week and during the 6am to 6pm Monday to Friday
time period.
4.
Our existing policy on Canadian Content is attached as Appendix A to this letter.
The Commission will see that our internal policy on Canadian Content is detailed
and strives to ensure compliance during all time periods over which Canadian
Content is measured. Our policy even ensures a minimum of Canadian Content
during a time period over which this content is not measured (midnight to 6am).
5.
Corus believed that its internal policy was robust and ensured compliance with
Canadian Content requirements for all stations owned and operated by Corus
Entertainment Inc. Several Corus radio stations over the past years have had
their licences renewed and with the exception of CFNY-FM, these stations have
not had any issues with respect to meeting Canadian Content requirements.
6.
As part of CFNY-FM’s licence renewal process, the Commission requested that
the licensee complete a Performance Evaluation for the week of January 8th, 2012.
On Friday January 20th, 2012, the licensee was finishing the components of this
evaluation which includes the following elements:
•
•
•
The provision of a logger audio (mp3s burned on seven separate DVDs);
A list of Musical Selections in order of play for each block hour;
A self-assessment report of the daily and weekly music totals,
International and Canadian Content; and,
FLO spins refers to the number of times the song “Shake it Out” by the UK artist Florence and
the Machine was played during the broadcast week.
1
3
•
A program log of all shows in each day of the week.
7.
In the process of gathering all of the elements described above, the licensee also
verified the print outs of the log in order to confirm that all of the required fields
were accurate and present. This verification is completed because in many
instances, the licensee is not provided with a MAPL code and composer
information at the time a song is first sent to the station. The practice is to
initially accept the MAPL designation provided and then the licensee inputs the
updated MAPL and composer information when the record labels provide it. All
this information is usually updated monthly at the time the licensee completes its
month end SOCAN audit.
8.
The custom log print outs described above included the Commission’s required
fields (i.e. Artist, Title, MAPL designation and the Canadian Content symbol)
plus an additional Content Code from our scheduling software, which
mathematically detects Canadian Content songs. Our software detects a song as
being Canadian when a “YES” designation is manually inputted into the Song
Card created for each new song added to the station’s database. To be clear, the
“YES” designation included in the Song Card is not a field or report required by
the Commission for a Performance Evaluation. The verification done using this
custom list was simply to ensure that there was a correct MAPL and Canadian
Content symbol beside each Canadian song.
9.
When completing this review, the licensee noticed that there was a discrepancy
when a song had a “YES” for its content code but did not have a MAPL or
Canadian Content designation beside it. When the licensee looked at the title for
that particular musical selection, it became clear that this particular song was not
Canadian Content. In fact, it was an international title (‘Shake it Out” by the UK
artist Florence and the Machine). Unfortunately, this field in the Song Card is the
key component for our scheduling software, which mathematically identifies
songs in the Canadian Content reporting templates. After changing this Content
field to “NO”, the licensee prepared a new Canadian Content report, which
identified the Canadian Content shortage detailed in paragraph 2.
10.
Therefore, it is only after all the verifications and analyses were completed that
the licensee was able to identify the error and the cause of the non-compliance.
11.
As explained above, the non-compliance was as a result of human error when the
Song Card was created in Selector for the song “Shake it Out”, a song by the UK
artist Florence and the Machine. When creating the Song Card for this musical
selection we incorrectly identified the song as Canadian by putting “YES” in the
Content field.
12.
This song then went into heavy rotation in the broadcast week starting January
8th, 2012. As demonstrated in the table contained at paragraph 2, the song “Shake
it Out” was played 31 times leading to the non-compliance as Corus’ established
Canadian Content policy provides an error cushion of approximately 7 songs per
4
week. More importantly however, the incorrect coding of the song “Shake it
Out” is the only error made with respect to Canadian Content during this
broadcast week by the licensee and it was completely unintentional.
13.
Had the licensee not made this inadvertent error its Canadian Content for the
subject broadcast week, we would have been 35.8% over the broadcast week and
35.5% for the period Monday to Friday 6am to 6pm both within Corus’
established Canadian content requirements.
14.
Although Corus’ Canadian Content policy requires daily, weekly and monthly
monitoring by the Musical Director, the Program Director and ultimately the
station’s General Manager, because the Song Card is only created once and the
particular field in question is also completed only once (at the time the song is
included in the station’s database and this field is not available at the time of the
station’s daily, weekly and monthly checks), we were not able to detect the noncompliance earlier.
15.
Of course Corus understands that this song should have been coded as a nonCanadian musical selection. We accept the responsibility and we understand that
we made the error. However, the matter of verifying and ensuring the accurate
coding of songs and Canadian Content is often a difficult and labour intensive
process. This is because there is no centralized system that allows radio stations
to verify MAPL codes. Unlike for television where Canadian Content receives
certification either through the issuance of a CANREC number or through
CAVCO certification, there is no equivalent in the music industry. This means
that our musical directors are often required to call either record label reps or
attempt to get this information from other reliable sources. This needs to be done
for each and every Canadian musical selection entered into the station’s database.
This system does not make sense in today’s digital environment. Corus believes
that a centralized source for this information would assist licensees in ensuring
accurate designations for all new Canadian songs.
16.
For the benefit of the Commission we have included as Appendix B a detailed
description of the process currently used by our radio stations (which also
applies to the radio industry in general) by which a song is received then entered
into our stations databases and classified. We have also provided a pictorial
representation along with a written explanation as to how the Canadian Content
occurred.
Steps taken to rectify non-compliance and ensure future compliance for CFNY-FM and
all Corus radio stations
17.
After a thorough review of its Canadian Content policy and processes, it became
apparent that Corus’ policy was not robust enough and could through human
error lead to possible non-compliances. With this in mind, and given the noncompliance for the broadcast week of January 8th, 2012, the licensee immediately
5
instituted a revised protocol for Canadian Content compliance on CFNY-FM (The
Edge).
18.
Key safeguards were immediately introduced in order to minimize the risk, to
the greatest extent possible, the possibility of any future Canadian Content noncompliances. The complete list of the new measures introduced is contained in
Appendix C. In particular, the licensee wishes to note the following new
measures:
•
•
•
•
19.
Increasing minimum Canadian Content required to 38% both for the
broadcast week and the Monday to Friday 6am to 6pm time period
Minimum daily Canadian Content levels (this means that in any
particular day the Canadian Content level can never go below 38%)
Song cards will be checked by an additional person whenever new songs
are added to the play list
All song cards in the entire system, active and inactive have been
scrubbed and checked for accuracy and song cards on the entire system
are now checked on a weekly basis
With the introduction of these new measures, Corus can confirm that CFNY-FM
is compliant with its Canadian Content requirements. The most recent Canadian
Content measurements reveal the following:
Jan 22-Jan 28:
M-F 6a-6p = 38.19% / Total Week = 38.13%
Jan 29-Feb 4:
M-F 6a-6p = 39.15% / Total Week = 39.36%
Feb 5-Feb 11:
M-F 6a-6p = 39.58% / Total Week = 40.50%
Feb 12-Feb 18:
M-F 6a-6p = 40.14% / Total Week = 39.67%
20.
Accordingly, the station is meeting and exceeding the new Canadian Content
standards set. Corus unequivocally commits to continue the application of this
policy regardless of the outcome of the Commission’s decision regarding CFNYFM’s Canadian Content non-compliance.
21.
Corus greatly regrets this non-compliance. We wish to assure the Commission
that it was not intentional. We consider it a priority to meet our regulatory
requirements and we firmly believe that the additional measures introduced will
ensure our future Canadian Content compliance.
22.
In addition, as a result of this unfortunate mistake, Corus reviewed its corporate
Canadian Content Policy. Additional measures were introduced in order to
improve its robustness. A copy of the new policy is attached as Appendix D.
Although we have no reason to believe that any of our stations do not currently
comply with Canadian Content requirements, given the potential for error we
will be introducing these new measures on April 1st, 2012.
6
23.
In particular, Corus wishes to underline the following new measures:
•
•
•
•
Increasing minimum Canadian Content required to 36% both for the
broadcast week and the Monday to Friday 6am to 6pm time period
A total Canadian Content below 36% will be considered deficient and any
Canadian Content deficiencies must be up the following day
Song cards will be checked by an additional person whenever new songs
are added to the play list and old blank song cards cannot be used for
new songs
All song cards in the entire system, active and inactive are to be checked
for coding accuracy on a monthly basis by both the program director and
the music director
24.
A company wide Canadian Content requirement of 36% provides for a healthy
margin of error and also meets the demands of the various musical formats
offered on Corus radio stations. Unlike CFNY-FM, which is a format that is more
conducive to programming Emerging Canadian Content, stations offering
formats such as Classic Rock and Greatest Hits are restricted since our research
demonstrates that our audiences want popular songs from the 60s, 70s, 80s and
90s and no new music. This consumer preference limits our Canadian Content
libraries. Accordingly, Canadian musical selections form these areas are played
more often and in some cases too often and can create a negative perception
about the station and the artist.
25.
In addition, our most popular modern rock and mainstream rock stations are also
very gold based; therefore, they also rely heavily on relatively small Canadian
categories. Moreover, familiar “Hits” tuning exists in all radio formats and
typically “Hits” are older songs. Therefore, a Canadian Content requirement of
36% company wide was determined to be most appropriate. It provides a greater
margin of error without unduly affecting the integrity of our station formats.
26.
We hope that these voluntary new measures demonstrate our willingness and
objective to be fully compliant with our Canadian Content requirements across
all stations operated by Corus.
Licensee’s compliance history
27.
Corus is well aware of CFNY-FM’s unfortunate licensing history. In Broadcasting
Decision CRTC 2006-394, the Commission found that CFNY-FM had not complied
with its Canadian Content requirements for the week of January 11th to January
17th, 2004. As a result, a short-term (four year) licence term was awarded in order
to allow the Commission to review, at an earlier date, the licensee’s compliance
with the provisions of the Radio Regulations, 1986.
28.
In Broadcasting Decision CRTC 2010-647, CFNY-FM was found in non-compliance,
this time with its Canadian Content Development (CCD) requirements. The
7
licensee was found to have contributed to what the Commission considered to be
a non-eligible CCD initiative.
29.
Corus had qualified as direct CCD expenditures monies spent to acquire “The
Strombo Show”. This program was designed as a showcase for the new music of
independent Canadian music artists and would include interviews with the
artists as well as call-ins from listeners. Corus honestly believed that this
initiative complied with what were at that time new requirements related to
CCD. The Commission had amended its previous policy on Canadian Talent
Development in 2006 (Commercial Radio Policy, Broadcasting Public Notice CRTC
2006-158) and several radio licensees (not just Corus) had some CCD initiatives
denied over the first few YEARS OF THE POLICY. In fact, issues related to CCD
funding have resulted in the Commission conducting a review of its CCD policy
(see Broadcasting Notice of Consultation 2011-796).
30.
However, Corus wishes to underline that it understands full well that
notwithstanding its good intentions, it was found in non-compliance again in
2010 and that ultimately, this non-compliance resulted in an even shorter twoyear licence term for CFNY-FM. However, Corus notes that following a
programming evaluation it was confirmed that the station had met its Canadian
Content requirements for that licence term.
31.
Accordingly, with the current non-compliance, CFNY-FM finds itself in noncompliance for the third licence term in a row. This is a most unfortunate
circumstance and Corus understands the seriousness of this situation. We also
acknowledge that the Commission has a number of remedies available, including
an even shorter licence term and up to and including the issuance of a mandatory
order to ensure the future compliance of CFNY-FM.
32.
Given the seriousness of the situation, Corus immediately admitted the
possibility of the non-compliance, undertook a fulsome review to determine the
source of the non-compliance and immediately instituted significant and robust
new measures to ensure that such non-compliances would not re-occur at the
station. In addition, Corus undertook a company wide review of its Canadian
Content Policy and revised and implemented these changes across all of its radio
stations.
Conclusion
33.
Corus hopes that these measures demonstrate our goodwill in remedying a
mistake that resulted from human error that was never intentional. We sincerely
hope that the Commission will consider that these measures do not require the
issuance of a mandatory in order to ensure the station’s future Canadian Content
compliance. However, Corus does understand that repeated non-compliances
are not acceptable and should not occur especially with a large media group such
as Corus. It is our firm intention to ensure that this is indeed the case. We also
believe that our actions demonstrate this fact.
8
34.
Corus also respectfully requests that its licence be renewed for a period of time
that recognizes the willingness of the licensee to admit its failure and to
immediately and positively act when it became aware of the non-compliance.
We believe that given this error was unintentional, related solely to human error
in relation to the incorrect coding of one song, and that corrective, effective
measures were immediately taken to ensure that the station is now exceeding its
internal 38% Canadian Content requirements over the broadcast week and
Monday to Friday 6am to 6pm, CFNY-FM should be given a three year licence
term.
35.
Corus believes that CFNY-FM provides true diversity within the Canadian
broadcasting system. It provides a meaningful window and support to Emerging
Canadian Artists. In our renewal application, we provided the Commission with
a list of Emerging Canadian Artists promoted by CFNY-FM during the current
licence term. This list is significant. We also provided in our renewal application
a sample of Emerging Canadian Artists broadcast on the station. As indicated
earlier, the format of this station lends itself to better supporting and promoting
new Canadian musical talent. We are very proud of the station’s efforts in this
regard and we hope that this also demonstrates that CFNY-FM is a strong
contributor to the achievement of the objectives of the Broadcasting Act.
36.
Corus trusts that this additional information is satisfactory and remains available
to provide further clarifications if so required.
Sincerely,
Sylvie Courtemanche
Vice President, Government Relations
Corus Entertainment Inc.
c.c.
Annie Laflamme, CRTC
Michael Craig, CRTC
Mike Amodeo, CRTC
***End of document***
Appendix A
Corus Canadian Content Policy
The MINIMUM Canadian Content level is 35.5%. This applies to both 6a-6p
Monday-Friday and 6a-12m Sunday-Saturday. A total below 35.5% will be considered
deficient.
Between midnight and 5:59am stations are required to maintain a Canadian Content
level of 15% between midnight and 5:59am each day.
Music log reconciliation must be done as follows:
Daily:
Weekly:
Weekly:
Monthly:
Morning (to complete previous day) and by 5pm (to update current
day). Daily report send to PD.
By noon Monday. Previous week reports are to be sent to PD/GM.
One random check using Maestro audit information.
One random check using Maestro audit information and digital logger
tapes.
Live-to-Airs
All stations MUST be assured of hitting the 35.5% Canadian Content level BEFORE
each LTA.
Announcer Protocols and Procedures
•
•
•
•
•
•
•
Announcers can NEVER drop a Canadian selection, except in situations
approved by the music director and the program director.
Announcers CANNOT make arbitrary changes or substitutions on the music
log without the approval of the music director or the program director.
As songs are played, they must be checked off.
As hours are completed, announcer or operator must sign off the bottom of
music log.
If a song is dropped, it must be clearly crossed off.
Announcers should not have to move songs around in a given hour. However,
should this be necessary due to circumstances, the moves must be clearly
indicated on the log.
LTA DJs and specialty program hosts MUST play the amount of Canadian
Content ordered by the music director and the program director. If the
ii
program in question runs up to midnight, all Canadian Content MUST be
played in its entirety before 11:55pm.
Red Flags
PD must be notified if at any time Canadian Content is under the 35.5% mark on any
given day.
Correct execution of the music logs is a non-negotiable condition of employment.
Failure to follow these procedures will result in disciplinary action up to and
including termination.
Appendix B
Process by which music is downloaded from DMDS and entered
into radio station’s database (commonly known as Music
Scheduling)
Corus uses RCS Selector music scheduling software (DOS based version 12.53, created in
1990). The only other widely used scheduling software by the Canadian radio industry
is Musicmaster.
These scheduling softwares are fundamentally the same and simply feature changes in
coding features. Accordingly, scheduling software of this type is universal within the
radio industry.
Songs are coded as Canadian Content, scheduled through the software with
international music in order to meet radio’s content ratio (usually 65/35).
Canadian Content daily and weekly totals are monitored at the log creation stage and
the following day after reconciliation.
Current monitoring requires identification of Canadian songs by coding one field
(Content) in a “Song Card” in Selector, in the song creation process. After scheduling
songs for a particular day, a report is run via Selector’s Association report. This gives the
station the daily and running weekly reports to monitor compliance.
After songs have played in a daily schedule (log), station staff reconciles all songs in
order. They then go back to Selector’s Association report to once again monitor daily
and running weekly totals.
If by error an international song is coded incorrectly in the content field, there is no fail
safe in the system to catch the error.
When it comes to new songs, the station generally receives these from either: DMDS; on
a burned CD; through a third party file storage website; or, an e-mailed MP3.
Sometimes the MAPL and Composer/Producer/Artist information does not accompany
the songs provided. At this point, the station is relying on the information provided by
the record label rep in order to verify the Canadian Content status of a song.
ii
In addition, when a new Canadian Content musical selection is uploaded to DMDS by a
label, they do not always fill in the Composer information. They simply stick a full
MAPL pie logo beside the song text to identify it as Canadian Content. This information
is subject to change later when we complete our verification process usually before
sending our SOCAN audit at the end of the month. At this point, the changes are made
to the DMDS software to confirm the Canadian Content designation and update our
records. If this is not possible with DMDS, the station will attempt to get this
information by contacting the music label rep, or through information websites like
Wikipedia or Allmusic.com.
The necessity to go back and verify the Canadian Content designation comes from the
fact that there is no centralized system that allows radio stations to verify MAPL codes.
This is a very labour intensive process since this verification needs to be done for each
and every Canadian musical selection that is provided to the station without this
information. In today’s digital environment, having such a labour intensive verification
process just does not make sense.
iii Pictorial representation with written explanations of how error
occurred leading to CFNY-FM’s Canadian Content non-compliance
STEP 1
Media Touch
•
•
A song is downloaded from DMDS (an electronic distributor of music content
used by the radio industry) or from a burned CD, third party file storage
website, or, an e-mailed MP3 into Media Touch i.e. we import the file to the
station’s database
The song downloaded is identified as Canadian Content (via an information
page attached by DMDS if the song is obtained through DMDS) but which
may sometimes lack the details required to verify whether the Canadian
Content identified meets MAPL standards. When the song is received through
iv
means other than DMDS we are most often required to verify any Canadian
Content designation. This means that the music director is required to check
back with either DMDS, record label reps or third party information sites such
as Wikipedia or Allmusic.com. in order to verify the MAPL designation. This
represents a very labour intensive process for the radio industry and again
leads to potential errors occurring with Canadian Content designations.
v STEP 2
SELECTOR #1 FIELD
•
A Song Card is created with all the song details i.e. artist, title, etc.
•
In Selector, all data is entered manually
•
None of the data on this “front” part of the song card is used for the purpose of
running our daily, weekly or monthly Canadian Content reports
vi
STEP #3
SELECTOR #2 FIELD
•
This “back “side of the Sound Card is created once at the time that a new song
is added to the music playlist and this process is completed by one individual
usually the music director. Below the fields are explained:
Promoter field = MAPL (music, artist, producer, lyrics)
Country Code field = CC for Canadian
Content field = “Yes” for Canadian
•
Selector only recognizes the “Content” field for purpose of calculating
Canadian Content
vii STEP #4
REPORT #1
The above picture represents a sample CRTC Programming Log Print Out
indicating MAPL designation and Country “CC”. This is the type of report
utilized by the Commission to verify our Canadian Content compliance. This
type of report would not reveal the discrepancy that CFNY-FM had in relation to
the incorrect coding of the song “Shake it Out” by the UK bank Florence and the
Machine because this report does not contain the Content field included in Report
#2 described below.
viii STEP #5
REPORT #2
•
When the licensee ran this report for the week of January 8th to 14th, 2012 it
became apparent that the song “Shake it Out” by Florence and the Machine
had “YES” in the Content field but no MAPL, Country or Sound Code
designation.
•
At the time we were confirming that all of the Canadian Content songs
included in the station’s Performance Evaluation had the correct MAPL
information beside for the purposes of the Commission’ log printouts.
•
It is at this time that we immediately updated the Content field to correctly
code the song “Shake it Out” as non-Canadian and we then ran a new
mathematical report for the week of January 8th to January 14th, 2012 in
ix •
Selector. This new report revealed that the station was in non-compliancewith
its Canadian Content requirements as a result of the heavy rotation of the
subject UK song.
•
As explained above, the accuracy of the information inputted into the Content
field is essential in order for our software (Selector) to accurately
mathematically calculate Canadian Content totals in the software’s report
section.
Appendix C
Additional new measures introduced at CFNY-FM 102.1 (The Edge)
to ensure Canadian Content Compliance (these are in addition to
Corus’ policy regarding Canadian Content
The minimum Canadian Content level is now 38%, from 35.5%. Based on playing 1321
songs in a given week, which will be close to the average, 38% would allow for a
possible 35-song error, whereas 35.5% only allows for 5-7 song error.
Increase
overnight levels to 20%.
Minimum daily Canadian Content level. Daily levels are not to go below 38%. This
means, for example, that even if a Tuesday was up at 45% for the day, the next day
would still be at 38%.
Daily Canadian Content report sent to the PD the following morning each day after
reconciliation.
Song Cards are doubled checked by one additional person whenever new songs are
added to the playlist, which is generally on a weekly basis after Wednesdays music
meeting.
All Song Cards in the entire system, active and in-active, have been scrubbed, checked
for accuracy and double checked. These are now checked on a weekly basis, of the
entire system.
Old blank song cards are not used for new adds. A new song card is always created for
song adds.
Clocks re-built to increase the amount of Canadian Content to meet our daily
requirement of 38%.
The weekly “adds” email features highlighted all Canadian Content and the MAPL
designations. Confirmation of MAPL designation with each Canadian Content song
added requires documented proof from DMDS or record label.
Music Director confirms back with the label the MAPL designation of each added song.
ii Media Touch Daily Reconciliation. Match up “Music Only” printout from Selector with
“Reporter” printout from Media Touch Log Tools. This confirms everything an
announcer has played, minus any pre-produced programs (Josie’s Top 20, Loveline).
BDS will be used to double-check those programs. This is to be done Monday to
Saturday.
BDS bi-weekly checks on Canadian Content. Done Wednesday and Friday mornings.
An excel spreadsheet with SUM function calculates Canadian Content based on their
(BDS) coding of songs. Although not 100% accurate because a few songs are missed
every week (like edge sessions and some indie material) it still represents an additional
safe guard in order to ensure Canadian Content compliance.
Monthly reports provided to Corus Regulatory Group certifying Canadian Content
compliance.
Appendix D
Corus Radio
Canadian Content Policy
Effective April 1, 2012
The MINIMUM Canadian Content level for Corus Radio music stations is now 36%
(up from the previous 35.5%).
This applies to both 6a-6p Mo-Fr and 6a-12m Su-Sa.
considered deficient.
A total below 36% will be
For those stations with a Condition of Licence requiring 40% Canadian Content, your
level is now 41%.
Based on the average of 10 songs per hour x 126 hours per week (6 to Mid.), 36%
Canadian Content gives us an improved threshold or “cushion” of 13 songs per week
(the previous 35.5% provided a cushion of only 5-7 songs per week).
While we are not required to maintain Canadian Content levels between midnight and
5:59am, Corus stations are required to maintain a level of 15% between midnight and
5:59am each day.
Music Log Reconciliation:
Music log reconciliation will be done as follows:
•
•
•
•
Daily: morning (to complete previous day) and by 5pm (to update current day).
Daily report sent to PD.
Weekly: by noon Monday. Previous week reports are sent to PD & GM.
Weekly: one random check using Media Touch audit information.
Monthly: one random check of a full week (6a to 12m Su – Sa) using Media
Touch audit information and digital logger tapes.
ii Live-to-Airs
•
•
The quota of 36% must be achieved PRIOR to each LTA.
LTA hosts and specialty program hosts MUST play the amount of Canadian
Content ordered by the music director and the program director. If the program
in question runs up to midnight, all Canadian Content MUST be played in its
entirety before 11:55pm.
On-Air Talent Protocols and Procedures:
•
•
•
•
•
Talent NEVER drops a Canadian selection, except in situations approved by the
music director and the program director.
Talent CANNOT make arbitrary changes or substitutions on the music log
without the approval of the music director or the program director.
As hours are completed, Talent or operator must sign off bottom of music log
(for those stations that still print music logs).
If a song is dropped, it must be clearly crossed off on the log or this deletion is
e-mailed to the musical director.
Songs should not be moved within a given hour. However, if necessary and
approved by the MD and or the PD, the moves must be clearly indicated on the
log or provided in an e-mail sent to the musical director.
Other:
•
PD must be notified if the Canadian Content quota falls below 36% on any given
day. If we are deficient on a given day, the deficiency MUST be made up the
following day.
•
All song cards in the library (active and in-active) need to be checked for coding
accuracy on a regular (i.e. monthly) basis by the MD and PD.
•
Old blank song cards cannot be used for new adds. A new song card is always
created for song adds to avoid potential coding issues.
•
Clocks need to be revised and regularly maintained to ensure the amount of
cancon is 36% (up from the previous 35.5% rule).
Reminder: The music log is a legal document designed to prove to the
Commission that we are in compliance with our mandated Canadian content
licence requirements. Our licence depends on keeping accurate music logs.
iii Correct execution of the music logs is a non-negotiable condition of employment.
Failure to follow these procedures will result in disciplinary action, up to and
possibly including termination.
The MAPL system - defining a Canadian song
What makes a song Canadian? The Commission defines a Canadian musical selection in
the Radio Regulations, 1986. Within these regulations, four elements are used to qualify
songs as being Canadian: Music, Artist, Performance and Lyrics (MAPL).
The MAPL system is designed primarily to increase exposure of Canadian musical
performers, lyricists and composers to Canadian audiences. It also strives to strengthen
the Canadian music industry, including the creative and production components.
While it stimulates all components of the Canadian music industry, the MAPL system is
also very simple for the industry to implement and regulate.
How does the MAPL system work?
To qualify as Canadian content, a musical selection must generally fulfill at least two of
the following conditions:
•
•
•
o
o
•
M (music): the music is composed entirely by a Canadian
A (artist): the music is, or the lyrics are, performed principally by a Canadian
P (performance): the musical selection consists of a live performance that is:
recorded wholly in Canada, or
performed wholly in Canada and broadcast live in Canada
L (lyrics): the lyrics are written entirely by a Canadian
There are four special cases where a musical selection may also qualify as Canadian
content:
•
•
•
•
it was recorded before January 1972 and meets one of the above conditions
it is an instrumental performance of a musical composition written or composed
by a Canadian
it is a performance of a musical composition that a Canadian has composed for
instruments only
it was performed live or recorded after September 1, 1991 and, in addition to
meeting the criterion for either artist or production, a Canadian who has
collaborated with a non-Canadian receives at least half of the credit for both
music and lyrics – according to the records of a recognized performing rights
society, such as SOCAN (Canada) or Broadcast Music Inc. (BMI), American
Society of Composers, Authors and Publishers (ASCAP) and SESAC (United
States)
iv Who qualifies as Canadian in the MAPL system?
For the purposes of the MAPL system, the Commission’s Radio Regulations,1986 define a
Canadian as being one of the following:
•
•
•
•
a Canadian citizen
a permanent resident as defined by the Immigration Act, 1976
a person whose ordinary place of residence was Canada for the six months
immediately preceding their contribution to a musical composition, performance
or concert
a licensee, i.e. a person licensed to operate a radio station
Via Access Key
March 20, 2012
Mr. Sherwin Pagtakhan
Radio Analyst, Radio Applications and Policy
Canadian Radio-television and
Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Dear Mr. Pagtakhan,
Re:
Application 2012-0025-3, CFNY-FM Brampton, Ontario
Corus Entertainment Inc. (Corus), on behalf of Corus Radio Company, hereby provides its
response to the Commission’s deficiency letter dated March 16, 2012.
The Commission’s question is reproduced below with Corus’ response provided in bold.
Commission Question
Commission staff notes that for the 2009-2010 broadcast year, Corus Radio Company (Corus),
claimed a payment of $18,239 to FACTOR. Staff notes that only an invoice was provided as
proof of this payment.
As re-affirmed in paragraph 16 of Broadcast Information Bulletin CRTC 2011-795, Filing annual
returns for radio programming undertakings, 20 December 2011:
16. The Canadian content development (CCD) forms, which can be accessed from the DCS,
must be included with the annual return. Links between all supporting documentation and the
payments made, as identified in the CCD form, should be clearly set out in the CCD summary
sheet.[1] Supporting documentation must clearly indicate the name of the recipient of the CCD
payment, the amount paid and the cheque and/or invoice number, and include copies of
cancelled cheques or receipts, as well as documentation supporting the eligibility of the
supported initiative. (Emphasis added)
Staff notes that the submitted invoice as proof of payment to FACTOR does not fully constitute
proper supporting documentation. In light of this:
i.
Please provide the Commission with proof of payment in the form of copies of
cancelled cheques or receipts for the $18,239 payment to FACTOR that was
claimed for the 2010 broadcast year.
Corus Response
Corus submits that CFNY-FM is in full compliance with respect to its Canadian Content
Development obligations. CFNY-FM made a payment of $18,239.35 to FACTOR in the 2010
broadcast year, and Corus submits that this amount qualifies as a Canadian Content
Development expense in respect of that period. As evidence of such payment, and in
compliance with Broadcast Information Bulletin CRTC 2011-795, Filing annual returns for
radio programming undertakings, Corus submits the enclosed Receipt Confirmation from
FACTOR dated July 28, 2010, which verifies receipt by FACTOR of $69,313.14, $18,239.35 of
which is attributable to CFNY-FM and $51,073.89 of which is attributable to another Corus
radio station, CILQ-FM. In addition to the Receipt Confirmation, we enclose a copy of the
invoice referenced by the Commission, which shows breakdown in payments made to
FACTOR by CFNY-FM and CILQ-FM in the broadcast year 2009-10.
We trust that the attached documents provide the supporting documentation required by the
Commission in this regard.
Sincerely,
Sylvie Courtemanche
Vice President, Government Relations
Corus Entertainment Inc.
Atts.
***End of document***
2 Via Access Key
March 23rd, 2012
Mr. John Traversy
Secretary General
Canadian Radio-television and
Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Dear Mr. Traversy:
Re:
Application 2012-0025-3 to renew the broadcasting licence of the commercial
radio undertaking, CFNY-FM (Brampton) – Response to information request
dated March 22nd, 2012
Corus has received a request dated March 22nd, 2012 for further information in respect to
its licence renewal application for CFNY-FM (Brampton).
The Commission’s questions are reproduced below with the answers provided in bold.
Canadian selections
1. Commission staff notes that Corus may have failed to comply with sections 2.2(8)
and 2.2(9) of the Radio Regulations, 1986 (the Regulations) for the broadcast week
of 8-14 January 2012 as they relate to devoting 35% or more of musical selections
from content category 2 (Popular music) to Canadian selections broadcast in
their entirety.
Section 2.2 (8) of the Regulations state:
(8) Except as otherwise provided under a condition of its licence that refers
expressly to this subsection and subject to subsection (6), an A.M. licensee, F.M.
licensee or digital radio licensee that is licensed to operate a commercial station,
community station or campus station shall, in a broadcast week, devote at least
35% of its musical selections from content category 2 to Canadian selections
broadcast in their entirety.
Section 2.2 (9) of the Regulations state:
(9) Except as otherwise provided under a condition of its licence and subject to
subsection (6), an A.M. licensee, F.M. licensee or digital radio licensee that is
licensed to operate a commercial station shall, between 6:00 a.m. and 6:00 p.m.,
in any period beginning on a Monday and ending on the Friday of that week,
devote at least 35% of its musical selections from content category 2 to Canadian
selections broadcast in their entirety.
Staff notes that based on the performance evaluation of CFNY-FM for the
broadcasting week of 8-14 January 2012, and the musical list that was provided
to the Commission, we estimate your Canadian content level for category 2
music to have been 34.2% for the broadcasting week and 34.4% between 06:00 to
18:00 from Monday through Friday. In light of this:
i.
Please explain, based on the foregoing, the circumstances of this apparent
non-compliance with sections 2.2(8) and 2.2(9) of the Radio Regulations,
1986 (the Regulations).
In its licence renewal application dated January 25th, 2012, the licensee
(Corus Radio Company “Corus”) indicated that it had just completed
its performance evaluation for the January 8th, 2012 broadcast week and
that its internal compliance vetting process revealed that the station
might not have been in compliance with its Canadian Content
requirements for the week of January 8th, 2012.
After completing this internal review, the station confirmed the noncompliance and immediately took steps to rectify the source of the noncompliance and ensure that all steps had been taken to prevent any
future re-occurrences.
Corus met with senior Commission radio staff on February 22nd, 2012 to
explain in detail what had occurred and what measures had been taken
to ensure future compliance by the licensee. Corus indicated that it
would provide a full and detailed report to the Commission as soon as
practicable.
This report was provided to the Commission on March 6th, 2012. A
copy of this report is attached.
The report explains in great detail the circumstances of the noncompliance. It was human error that involved the incorrect coding of a
UK song as a Canadian song that then went into heavy rotation causing
the non-compliance for the broadcast week in question.
Measures were immediately taken by the licensee to ensure that such a
non-compliance would not re-occur. In fact, the licensee not only
changed its compliance protocol for CFNY-FM, it also changed its
compliance protocol for all radio stations operated by Corus as detailed
in the March 6th, 2012 letter.
ii.
What measures have been put in place to ensure future compliance at all
times?
A number of very detailed measures were taken as explained in the
attached March 6th, 2012 letter.
iii.
Please provide your plans so as to ensure compliance with sections 2.2(8)
and 2.2(9) of the Radio Regulations, 1986 (the Regulations)
Corus undertook a complete review of its internal policy and protocols
to ensure compliance for CFNY-FM and all stations operated by Corus
radio.
These measures were explained in detail in the licensee’s letter of
March 6th, 2012, a copy of which is attached to this response.
Corus believes that these new protocols are robust and will prevent the
future re-occurrence of non-compliances related to Canadian Content.
iv.
Please comment on the possibility that the Commission may impose
sanctions on your station in accordance with Broadcasting Information
Bulletin CRTC 2011-347, or suspend or revoke the licence held by Corus
Radio Company, pursuant to sections 9 and 24 of the Broadcasting Act (the
Act).
In its March 6th, 2012 letter, Corus stated that it fully understands the
importance of meeting its minimum Canadian Content requirements
and that its own internal policy requires all stations operated by Corus
to exceed the minimum Canadian Content levels set out in the Radio
Regulations, 1986.
Corus believed that its internal processes were robust however, human
error involving the incorrect coding of one UK song as Canadian with
the subsequent heavy rotation of that song led to the non-compliance.
Corus admitted the potential non-compliance at the time of filing its
application. It immediately took steps to rectify the situation once it
confirmed the non-compliance. It met with the Commission staff and
then filed a detailed report on what had occurred and what measures
had been taken to rectify the situation even before the Commission
itself asked the licensee to respond to the apparent non-compliance.
Corus has stated very clearly that it understands its Canadian Content
obligations. Corus was very proactive in admitting the non-compliance
and taking solid and meaningful measures to ensure such a situation
does not re-occur.
With regards to potential sanctions that may be imposed by the
Commission with regards to this specific non-compliance, Corus also
addressed this issue in its March 6th, 2012 letter.
The suspension or revocation of the licence would not be an
appropriate sanction given the specific circumstances of the noncompliance; the fact that the licensee immediately admitted to the noncompliance and took proactive and robust measures to ensure such a
situation does not re-occur both at the station level but across all radio
stations operated by Corus.
CFNY-FM provides true diversity in the Canadian broadcasting system.
It is well known in Toronto as the destination for new music and new
emerging Canadian acts. The station has hosted the CASBY Awards for
more than 20 years in which new Canadian musical talent is celebrated
and recognized at a major event each year. This station is an important
contributor to the Canadian broadcasting system and the unintentional
human error involved in the present case should not deprive our
enthusiastic and dedicated listeners from having access to CFNY-FM.
Corus trusts that this additional information is satisfactory and remains available to
provide further clarifications if so required.
Sincerely,
Sylvie Courtemanche
Vice President, Government Relations
Corus Entertainment Inc.
Attach.
c.c.
Sherwin Pagtakhan, CRTC
***End of document***
Via Access Key
March 6th, 2012
Mr. John Traversy
Secretary General
Canadian Radio-television and
Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Dear Mr. Traversy:
Re:
Application to renew the broadcasting licence of commercial radio
undertaking, CFNY-FM (Brampton) – Report on Canadian Content noncompliance during licence term and measures taken to rectify and ensure
ongoing compliance
Canadian Content non-compliance – what happened?
1.
On January 25th, 2012, Corus Radio Company (Corus) the licensee of CFNY-FM
(Brampton) filed an application for the renewal of the station’s licence. In section
1.5 of the Application form Corus responded as follows:
The licensee is just completing the performance evaluation requested by the
Commission for the week of January 8th, 2012. Our existing compliance vetting
process revealed that we may not have met Canadian Content requirements for
that week. We are currently conducting a comprehensive review of the matter, as
well as determining what changes (if any) to current practices may be necessary.
The licensee has established standard practices with respect to programming
Canadian Content that aim to exceed minimum requirements. We can assure the
Commission that, at this time, the licensee is fully compliant with Canadian
Content requirements. It is our normal practice to exceed the Canadian Content
requirements on a weekly basis, and as far as we know, this mistake is an
anomaly.
We will provide a complete response to the Commission as soon as is practicable.
2
2.
After completing the comprehensive review outlined above, Corus can now
confirm that during the week of January 8th, 2012, the licensee was not in
compliance with its Canadian Content requirements for both the total number of
Canadian songs played over the broadcast week (6am to midnight) and Monday
to Friday (6am to 6pm). The shortfall is as follows:
Spins CC%
Sun Jan 8, 2012 to Sat Jan 14, 2012
CRTC Rap Week
Total Weekly Songs Played 6a to Midnight 1346
Canadian Content
460
34.20%
FLO Spins1
23
Total Mon-Fri Songs Played 6a to 6p
559
Canadian Content
191
34.20%
8
3.
To begin, Corus wishes to reassure the Commission that it fully understands the
importance of meeting the minimum Canadian Content requirements established
in the Radio Regulations, 1986. In fact, Corus’ corporate policy on Canadian
Content strives to exceed those minimum standards with a requirement, among
many others, that all our stations broadcast no less than 35.5% Canadian Content
both during the broadcast week and during the 6am to 6pm Monday to Friday
time period.
4.
Our existing policy on Canadian Content is attached as Appendix A to this letter.
The Commission will see that our internal policy on Canadian Content is detailed
and strives to ensure compliance during all time periods over which Canadian
Content is measured. Our policy even ensures a minimum of Canadian Content
during a time period over which this content is not measured (midnight to 6am).
5.
Corus believed that its internal policy was robust and ensured compliance with
Canadian Content requirements for all stations owned and operated by Corus
Entertainment Inc. Several Corus radio stations over the past years have had
their licences renewed and with the exception of CFNY-FM, these stations have
not had any issues with respect to meeting Canadian Content requirements.
6.
As part of CFNY-FM’s licence renewal process, the Commission requested that
the licensee complete a Performance Evaluation for the week of January 8th, 2012.
On Friday January 20th, 2012, the licensee was finishing the components of this
evaluation which includes the following elements:
•
•
•
The provision of a logger audio (mp3s burned on seven separate DVDs);
A list of Musical Selections in order of play for each block hour;
A self-assessment report of the daily and weekly music totals,
International and Canadian Content; and,
FLO spins refers to the number of times the song “Shake it Out” by the UK artist Florence and
the Machine was played during the broadcast week.
1
3
•
A program log of all shows in each day of the week.
7.
In the process of gathering all of the elements described above, the licensee also
verified the print outs of the log in order to confirm that all of the required fields
were accurate and present. This verification is completed because in many
instances, the licensee is not provided with a MAPL code and composer
information at the time a song is first sent to the station. The practice is to
initially accept the MAPL designation provided and then the licensee inputs the
updated MAPL and composer information when the record labels provide it. All
this information is usually updated monthly at the time the licensee completes its
month end SOCAN audit.
8.
The custom log print outs described above included the Commission’s required
fields (i.e. Artist, Title, MAPL designation and the Canadian Content symbol)
plus an additional Content Code from our scheduling software, which
mathematically detects Canadian Content songs. Our software detects a song as
being Canadian when a “YES” designation is manually inputted into the Song
Card created for each new song added to the station’s database. To be clear, the
“YES” designation included in the Song Card is not a field or report required by
the Commission for a Performance Evaluation. The verification done using this
custom list was simply to ensure that there was a correct MAPL and Canadian
Content symbol beside each Canadian song.
9.
When completing this review, the licensee noticed that there was a discrepancy
when a song had a “YES” for its content code but did not have a MAPL or
Canadian Content designation beside it. When the licensee looked at the title for
that particular musical selection, it became clear that this particular song was not
Canadian Content. In fact, it was an international title (‘Shake it Out” by the UK
artist Florence and the Machine). Unfortunately, this field in the Song Card is the
key component for our scheduling software, which mathematically identifies
songs in the Canadian Content reporting templates. After changing this Content
field to “NO”, the licensee prepared a new Canadian Content report, which
identified the Canadian Content shortage detailed in paragraph 2.
10.
Therefore, it is only after all the verifications and analyses were completed that
the licensee was able to identify the error and the cause of the non-compliance.
11.
As explained above, the non-compliance was as a result of human error when the
Song Card was created in Selector for the song “Shake it Out”, a song by the UK
artist Florence and the Machine. When creating the Song Card for this musical
selection we incorrectly identified the song as Canadian by putting “YES” in the
Content field.
12.
This song then went into heavy rotation in the broadcast week starting January
8th, 2012. As demonstrated in the table contained at paragraph 2, the song “Shake
it Out” was played 31 times leading to the non-compliance as Corus’ established
Canadian Content policy provides an error cushion of approximately 7 songs per
4
week. More importantly however, the incorrect coding of the song “Shake it
Out” is the only error made with respect to Canadian Content during this
broadcast week by the licensee and it was completely unintentional.
13.
Had the licensee not made this inadvertent error its Canadian Content for the
subject broadcast week, we would have been 35.8% over the broadcast week and
35.5% for the period Monday to Friday 6am to 6pm both within Corus’
established Canadian content requirements.
14.
Although Corus’ Canadian Content policy requires daily, weekly and monthly
monitoring by the Musical Director, the Program Director and ultimately the
station’s General Manager, because the Song Card is only created once and the
particular field in question is also completed only once (at the time the song is
included in the station’s database and this field is not available at the time of the
station’s daily, weekly and monthly checks), we were not able to detect the noncompliance earlier.
15.
Of course Corus understands that this song should have been coded as a nonCanadian musical selection. We accept the responsibility and we understand that
we made the error. However, the matter of verifying and ensuring the accurate
coding of songs and Canadian Content is often a difficult and labour intensive
process. This is because there is no centralized system that allows radio stations
to verify MAPL codes. Unlike for television where Canadian Content receives
certification either through the issuance of a CANREC number or through
CAVCO certification, there is no equivalent in the music industry. This means
that our musical directors are often required to call either record label reps or
attempt to get this information from other reliable sources. This needs to be done
for each and every Canadian musical selection entered into the station’s database.
This system does not make sense in today’s digital environment. Corus believes
that a centralized source for this information would assist licensees in ensuring
accurate designations for all new Canadian songs.
16.
For the benefit of the Commission we have included as Appendix B a detailed
description of the process currently used by our radio stations (which also
applies to the radio industry in general) by which a song is received then entered
into our stations databases and classified. We have also provided a pictorial
representation along with a written explanation as to how the Canadian Content
occurred.
Steps taken to rectify non-compliance and ensure future compliance for CFNY-FM and
all Corus radio stations
17.
After a thorough review of its Canadian Content policy and processes, it became
apparent that Corus’ policy was not robust enough and could through human
error lead to possible non-compliances. With this in mind, and given the noncompliance for the broadcast week of January 8th, 2012, the licensee immediately
5
instituted a revised protocol for Canadian Content compliance on CFNY-FM (The
Edge).
18.
Key safeguards were immediately introduced in order to minimize the risk, to
the greatest extent possible, the possibility of any future Canadian Content noncompliances. The complete list of the new measures introduced is contained in
Appendix C. In particular, the licensee wishes to note the following new
measures:
•
•
•
•
19.
Increasing minimum Canadian Content required to 38% both for the
broadcast week and the Monday to Friday 6am to 6pm time period
Minimum daily Canadian Content levels (this means that in any
particular day the Canadian Content level can never go below 38%)
Song cards will be checked by an additional person whenever new songs
are added to the play list
All song cards in the entire system, active and inactive have been
scrubbed and checked for accuracy and song cards on the entire system
are now checked on a weekly basis
With the introduction of these new measures, Corus can confirm that CFNY-FM
is compliant with its Canadian Content requirements. The most recent Canadian
Content measurements reveal the following:
Jan 22-Jan 28:
M-F 6a-6p = 38.19% / Total Week = 38.13%
Jan 29-Feb 4:
M-F 6a-6p = 39.15% / Total Week = 39.36%
Feb 5-Feb 11:
M-F 6a-6p = 39.58% / Total Week = 40.50%
Feb 12-Feb 18:
M-F 6a-6p = 40.14% / Total Week = 39.67%
20.
Accordingly, the station is meeting and exceeding the new Canadian Content
standards set. Corus unequivocally commits to continue the application of this
policy regardless of the outcome of the Commission’s decision regarding CFNYFM’s Canadian Content non-compliance.
21.
Corus greatly regrets this non-compliance. We wish to assure the Commission
that it was not intentional. We consider it a priority to meet our regulatory
requirements and we firmly believe that the additional measures introduced will
ensure our future Canadian Content compliance.
22.
In addition, as a result of this unfortunate mistake, Corus reviewed its corporate
Canadian Content Policy. Additional measures were introduced in order to
improve its robustness. A copy of the new policy is attached as Appendix D.
Although we have no reason to believe that any of our stations do not currently
comply with Canadian Content requirements, given the potential for error we
will be introducing these new measures on April 1st, 2012.
6
23.
In particular, Corus wishes to underline the following new measures:
•
•
•
•
Increasing minimum Canadian Content required to 36% both for the
broadcast week and the Monday to Friday 6am to 6pm time period
A total Canadian Content below 36% will be considered deficient and any
Canadian Content deficiencies must be up the following day
Song cards will be checked by an additional person whenever new songs
are added to the play list and old blank song cards cannot be used for
new songs
All song cards in the entire system, active and inactive are to be checked
for coding accuracy on a monthly basis by both the program director and
the music director
24.
A company wide Canadian Content requirement of 36% provides for a healthy
margin of error and also meets the demands of the various musical formats
offered on Corus radio stations. Unlike CFNY-FM, which is a format that is more
conducive to programming Emerging Canadian Content, stations offering
formats such as Classic Rock and Greatest Hits are restricted since our research
demonstrates that our audiences want popular songs from the 60s, 70s, 80s and
90s and no new music. This consumer preference limits our Canadian Content
libraries. Accordingly, Canadian musical selections form these areas are played
more often and in some cases too often and can create a negative perception
about the station and the artist.
25.
In addition, our most popular modern rock and mainstream rock stations are also
very gold based; therefore, they also rely heavily on relatively small Canadian
categories. Moreover, familiar “Hits” tuning exists in all radio formats and
typically “Hits” are older songs. Therefore, a Canadian Content requirement of
36% company wide was determined to be most appropriate. It provides a greater
margin of error without unduly affecting the integrity of our station formats.
26.
We hope that these voluntary new measures demonstrate our willingness and
objective to be fully compliant with our Canadian Content requirements across
all stations operated by Corus.
Licensee’s compliance history
27.
Corus is well aware of CFNY-FM’s unfortunate licensing history. In Broadcasting
Decision CRTC 2006-394, the Commission found that CFNY-FM had not complied
with its Canadian Content requirements for the week of January 11th to January
17th, 2004. As a result, a short-term (four year) licence term was awarded in order
to allow the Commission to review, at an earlier date, the licensee’s compliance
with the provisions of the Radio Regulations, 1986.
28.
In Broadcasting Decision CRTC 2010-647, CFNY-FM was found in non-compliance,
this time with its Canadian Content Development (CCD) requirements. The
7
licensee was found to have contributed to what the Commission considered to be
a non-eligible CCD initiative.
29.
Corus had qualified as direct CCD expenditures monies spent to acquire “The
Strombo Show”. This program was designed as a showcase for the new music of
independent Canadian music artists and would include interviews with the
artists as well as call-ins from listeners. Corus honestly believed that this
initiative complied with what were at that time new requirements related to
CCD. The Commission had amended its previous policy on Canadian Talent
Development in 2006 (Commercial Radio Policy, Broadcasting Public Notice CRTC
2006-158) and several radio licensees (not just Corus) had some CCD initiatives
denied over the first few YEARS OF THE POLICY. In fact, issues related to CCD
funding have resulted in the Commission conducting a review of its CCD policy
(see Broadcasting Notice of Consultation 2011-796).
30.
However, Corus wishes to underline that it understands full well that
notwithstanding its good intentions, it was found in non-compliance again in
2010 and that ultimately, this non-compliance resulted in an even shorter twoyear licence term for CFNY-FM. However, Corus notes that following a
programming evaluation it was confirmed that the station had met its Canadian
Content requirements for that licence term.
31.
Accordingly, with the current non-compliance, CFNY-FM finds itself in noncompliance for the third licence term in a row. This is a most unfortunate
circumstance and Corus understands the seriousness of this situation. We also
acknowledge that the Commission has a number of remedies available, including
an even shorter licence term and up to and including the issuance of a mandatory
order to ensure the future compliance of CFNY-FM.
32.
Given the seriousness of the situation, Corus immediately admitted the
possibility of the non-compliance, undertook a fulsome review to determine the
source of the non-compliance and immediately instituted significant and robust
new measures to ensure that such non-compliances would not re-occur at the
station. In addition, Corus undertook a company wide review of its Canadian
Content Policy and revised and implemented these changes across all of its radio
stations.
Conclusion
33.
Corus hopes that these measures demonstrate our goodwill in remedying a
mistake that resulted from human error that was never intentional. We sincerely
hope that the Commission will consider that these measures do not require the
issuance of a mandatory in order to ensure the station’s future Canadian Content
compliance. However, Corus does understand that repeated non-compliances
are not acceptable and should not occur especially with a large media group such
as Corus. It is our firm intention to ensure that this is indeed the case. We also
believe that our actions demonstrate this fact.
8
34.
Corus also respectfully requests that its licence be renewed for a period of time
that recognizes the willingness of the licensee to admit its failure and to
immediately and positively act when it became aware of the non-compliance.
We believe that given this error was unintentional, related solely to human error
in relation to the incorrect coding of one song, and that corrective, effective
measures were immediately taken to ensure that the station is now exceeding its
internal 38% Canadian Content requirements over the broadcast week and
Monday to Friday 6am to 6pm, CFNY-FM should be given a three year licence
term.
35.
Corus believes that CFNY-FM provides true diversity within the Canadian
broadcasting system. It provides a meaningful window and support to Emerging
Canadian Artists. In our renewal application, we provided the Commission with
a list of Emerging Canadian Artists promoted by CFNY-FM during the current
licence term. This list is significant. We also provided in our renewal application
a sample of Emerging Canadian Artists broadcast on the station. As indicated
earlier, the format of this station lends itself to better supporting and promoting
new Canadian musical talent. We are very proud of the station’s efforts in this
regard and we hope that this also demonstrates that CFNY-FM is a strong
contributor to the achievement of the objectives of the Broadcasting Act.
36.
Corus trusts that this additional information is satisfactory and remains available
to provide further clarifications if so required.
Sincerely,
Sylvie Courtemanche
Vice President, Government Relations
Corus Entertainment Inc.
c.c.
Annie Laflamme, CRTC
Michael Craig, CRTC
Mike Amodeo, CRTC
***End of document***
Appendix A
Corus Canadian Content Policy
The MINIMUM Canadian Content level is 35.5%. This applies to both 6a-6p
Monday-Friday and 6a-12m Sunday-Saturday. A total below 35.5% will be considered
deficient.
Between midnight and 5:59am stations are required to maintain a Canadian Content
level of 15% between midnight and 5:59am each day.
Music log reconciliation must be done as follows:
Daily:
Weekly:
Weekly:
Monthly:
Morning (to complete previous day) and by 5pm (to update current
day). Daily report send to PD.
By noon Monday. Previous week reports are to be sent to PD/GM.
One random check using Maestro audit information.
One random check using Maestro audit information and digital logger
tapes.
Live-to-Airs
All stations MUST be assured of hitting the 35.5% Canadian Content level BEFORE
each LTA.
Announcer Protocols and Procedures
•
•
•
•
•
•
•
Announcers can NEVER drop a Canadian selection, except in situations
approved by the music director and the program director.
Announcers CANNOT make arbitrary changes or substitutions on the music
log without the approval of the music director or the program director.
As songs are played, they must be checked off.
As hours are completed, announcer or operator must sign off the bottom of
music log.
If a song is dropped, it must be clearly crossed off.
Announcers should not have to move songs around in a given hour. However,
should this be necessary due to circumstances, the moves must be clearly
indicated on the log.
LTA DJs and specialty program hosts MUST play the amount of Canadian
Content ordered by the music director and the program director. If the
ii
program in question runs up to midnight, all Canadian Content MUST be
played in its entirety before 11:55pm.
Red Flags
PD must be notified if at any time Canadian Content is under the 35.5% mark on any
given day.
Correct execution of the music logs is a non-negotiable condition of employment.
Failure to follow these procedures will result in disciplinary action up to and
including termination.
Appendix B
Process by which music is downloaded from DMDS and entered
into radio station’s database (commonly known as Music
Scheduling)
Corus uses RCS Selector music scheduling software (DOS based version 12.53, created in
1990). The only other widely used scheduling software by the Canadian radio industry
is Musicmaster.
These scheduling softwares are fundamentally the same and simply feature changes in
coding features. Accordingly, scheduling software of this type is universal within the
radio industry.
Songs are coded as Canadian Content, scheduled through the software with
international music in order to meet radio’s content ratio (usually 65/35).
Canadian Content daily and weekly totals are monitored at the log creation stage and
the following day after reconciliation.
Current monitoring requires identification of Canadian songs by coding one field
(Content) in a “Song Card” in Selector, in the song creation process. After scheduling
songs for a particular day, a report is run via Selector’s Association report. This gives the
station the daily and running weekly reports to monitor compliance.
After songs have played in a daily schedule (log), station staff reconciles all songs in
order. They then go back to Selector’s Association report to once again monitor daily
and running weekly totals.
If by error an international song is coded incorrectly in the content field, there is no fail
safe in the system to catch the error.
When it comes to new songs, the station generally receives these from either: DMDS; on
a burned CD; through a third party file storage website; or, an e-mailed MP3.
Sometimes the MAPL and Composer/Producer/Artist information does not accompany
the songs provided. At this point, the station is relying on the information provided by
the record label rep in order to verify the Canadian Content status of a song.
ii
In addition, when a new Canadian Content musical selection is uploaded to DMDS by a
label, they do not always fill in the Composer information. They simply stick a full
MAPL pie logo beside the song text to identify it as Canadian Content. This information
is subject to change later when we complete our verification process usually before
sending our SOCAN audit at the end of the month. At this point, the changes are made
to the DMDS software to confirm the Canadian Content designation and update our
records. If this is not possible with DMDS, the station will attempt to get this
information by contacting the music label rep, or through information websites like
Wikipedia or Allmusic.com.
The necessity to go back and verify the Canadian Content designation comes from the
fact that there is no centralized system that allows radio stations to verify MAPL codes.
This is a very labour intensive process since this verification needs to be done for each
and every Canadian musical selection that is provided to the station without this
information. In today’s digital environment, having such a labour intensive verification
process just does not make sense.
iii Pictorial representation with written explanations of how error
occurred leading to CFNY-FM’s Canadian Content non-compliance
STEP 1
Media Touch
•
•
A song is downloaded from DMDS (an electronic distributor of music content
used by the radio industry) or from a burned CD, third party file storage
website, or, an e-mailed MP3 into Media Touch i.e. we import the file to the
station’s database
The song downloaded is identified as Canadian Content (via an information
page attached by DMDS if the song is obtained through DMDS) but which
may sometimes lack the details required to verify whether the Canadian
Content identified meets MAPL standards. When the song is received through
iv
means other than DMDS we are most often required to verify any Canadian
Content designation. This means that the music director is required to check
back with either DMDS, record label reps or third party information sites such
as Wikipedia or Allmusic.com. in order to verify the MAPL designation. This
represents a very labour intensive process for the radio industry and again
leads to potential errors occurring with Canadian Content designations.
v STEP 2
SELECTOR #1 FIELD
•
A Song Card is created with all the song details i.e. artist, title, etc.
•
In Selector, all data is entered manually
•
None of the data on this “front” part of the song card is used for the purpose of
running our daily, weekly or monthly Canadian Content reports
vi
STEP #3
SELECTOR #2 FIELD
•
This “back “side of the Sound Card is created once at the time that a new song
is added to the music playlist and this process is completed by one individual
usually the music director. Below the fields are explained:
Promoter field = MAPL (music, artist, producer, lyrics)
Country Code field = CC for Canadian
Content field = “Yes” for Canadian
•
Selector only recognizes the “Content” field for purpose of calculating
Canadian Content
vii STEP #4
REPORT #1
The above picture represents a sample CRTC Programming Log Print Out
indicating MAPL designation and Country “CC”. This is the type of report
utilized by the Commission to verify our Canadian Content compliance. This
type of report would not reveal the discrepancy that CFNY-FM had in relation to
the incorrect coding of the song “Shake it Out” by the UK bank Florence and the
Machine because this report does not contain the Content field included in Report
#2 described below.
viii STEP #5
REPORT #2
•
When the licensee ran this report for the week of January 8th to 14th, 2012 it
became apparent that the song “Shake it Out” by Florence and the Machine
had “YES” in the Content field but no MAPL, Country or Sound Code
designation.
•
At the time we were confirming that all of the Canadian Content songs
included in the station’s Performance Evaluation had the correct MAPL
information beside for the purposes of the Commission’ log printouts.
•
It is at this time that we immediately updated the Content field to correctly
code the song “Shake it Out” as non-Canadian and we then ran a new
mathematical report for the week of January 8th to January 14th, 2012 in
ix •
Selector. This new report revealed that the station was in non-compliancewith
its Canadian Content requirements as a result of the heavy rotation of the
subject UK song.
•
As explained above, the accuracy of the information inputted into the Content
field is essential in order for our software (Selector) to accurately
mathematically calculate Canadian Content totals in the software’s report
section.
Appendix C
Additional new measures introduced at CFNY-FM 102.1 (The Edge)
to ensure Canadian Content Compliance (these are in addition to
Corus’ policy regarding Canadian Content
The minimum Canadian Content level is now 38%, from 35.5%. Based on playing 1321
songs in a given week, which will be close to the average, 38% would allow for a
possible 35-song error, whereas 35.5% only allows for 5-7 song error.
Increase
overnight levels to 20%.
Minimum daily Canadian Content level. Daily levels are not to go below 38%. This
means, for example, that even if a Tuesday was up at 45% for the day, the next day
would still be at 38%.
Daily Canadian Content report sent to the PD the following morning each day after
reconciliation.
Song Cards are doubled checked by one additional person whenever new songs are
added to the playlist, which is generally on a weekly basis after Wednesdays music
meeting.
All Song Cards in the entire system, active and in-active, have been scrubbed, checked
for accuracy and double checked. These are now checked on a weekly basis, of the
entire system.
Old blank song cards are not used for new adds. A new song card is always created for
song adds.
Clocks re-built to increase the amount of Canadian Content to meet our daily
requirement of 38%.
The weekly “adds” email features highlighted all Canadian Content and the MAPL
designations. Confirmation of MAPL designation with each Canadian Content song
added requires documented proof from DMDS or record label.
Music Director confirms back with the label the MAPL designation of each added song.
ii Media Touch Daily Reconciliation. Match up “Music Only” printout from Selector with
“Reporter” printout from Media Touch Log Tools. This confirms everything an
announcer has played, minus any pre-produced programs (Josie’s Top 20, Loveline).
BDS will be used to double-check those programs. This is to be done Monday to
Saturday.
BDS bi-weekly checks on Canadian Content. Done Wednesday and Friday mornings.
An excel spreadsheet with SUM function calculates Canadian Content based on their
(BDS) coding of songs. Although not 100% accurate because a few songs are missed
every week (like edge sessions and some indie material) it still represents an additional
safe guard in order to ensure Canadian Content compliance.
Monthly reports provided to Corus Regulatory Group certifying Canadian Content
compliance.
Appendix D
Corus Radio
Canadian Content Policy
Effective April 1, 2012
The MINIMUM Canadian Content level for Corus Radio music stations is now 36%
(up from the previous 35.5%).
This applies to both 6a-6p Mo-Fr and 6a-12m Su-Sa.
considered deficient.
A total below 36% will be
For those stations with a Condition of Licence requiring 40% Canadian Content, your
level is now 41%.
Based on the average of 10 songs per hour x 126 hours per week (6 to Mid.), 36%
Canadian Content gives us an improved threshold or “cushion” of 13 songs per week
(the previous 35.5% provided a cushion of only 5-7 songs per week).
While we are not required to maintain Canadian Content levels between midnight and
5:59am, Corus stations are required to maintain a level of 15% between midnight and
5:59am each day.
Music Log Reconciliation:
Music log reconciliation will be done as follows:
•
•
•
•
Daily: morning (to complete previous day) and by 5pm (to update current day).
Daily report sent to PD.
Weekly: by noon Monday. Previous week reports are sent to PD & GM.
Weekly: one random check using Media Touch audit information.
Monthly: one random check of a full week (6a to 12m Su – Sa) using Media
Touch audit information and digital logger tapes.
ii Live-to-Airs
•
•
The quota of 36% must be achieved PRIOR to each LTA.
LTA hosts and specialty program hosts MUST play the amount of Canadian
Content ordered by the music director and the program director. If the program
in question runs up to midnight, all Canadian Content MUST be played in its
entirety before 11:55pm.
On-Air Talent Protocols and Procedures:
•
•
•
•
•
Talent NEVER drops a Canadian selection, except in situations approved by the
music director and the program director.
Talent CANNOT make arbitrary changes or substitutions on the music log
without the approval of the music director or the program director.
As hours are completed, Talent or operator must sign off bottom of music log
(for those stations that still print music logs).
If a song is dropped, it must be clearly crossed off on the log or this deletion is
e-mailed to the musical director.
Songs should not be moved within a given hour. However, if necessary and
approved by the MD and or the PD, the moves must be clearly indicated on the
log or provided in an e-mail sent to the musical director.
Other:
•
PD must be notified if the Canadian Content quota falls below 36% on any given
day. If we are deficient on a given day, the deficiency MUST be made up the
following day.
•
All song cards in the library (active and in-active) need to be checked for coding
accuracy on a regular (i.e. monthly) basis by the MD and PD.
•
Old blank song cards cannot be used for new adds. A new song card is always
created for song adds to avoid potential coding issues.
•
Clocks need to be revised and regularly maintained to ensure the amount of
cancon is 36% (up from the previous 35.5% rule).
Reminder: The music log is a legal document designed to prove to the
Commission that we are in compliance with our mandated Canadian content
licence requirements. Our licence depends on keeping accurate music logs.
iii Correct execution of the music logs is a non-negotiable condition of employment.
Failure to follow these procedures will result in disciplinary action, up to and
possibly including termination.
The MAPL system - defining a Canadian song
What makes a song Canadian? The Commission defines a Canadian musical selection in
the Radio Regulations, 1986. Within these regulations, four elements are used to qualify
songs as being Canadian: Music, Artist, Performance and Lyrics (MAPL).
The MAPL system is designed primarily to increase exposure of Canadian musical
performers, lyricists and composers to Canadian audiences. It also strives to strengthen
the Canadian music industry, including the creative and production components.
While it stimulates all components of the Canadian music industry, the MAPL system is
also very simple for the industry to implement and regulate.
How does the MAPL system work?
To qualify as Canadian content, a musical selection must generally fulfill at least two of
the following conditions:
•
•
•
o
o
•
M (music): the music is composed entirely by a Canadian
A (artist): the music is, or the lyrics are, performed principally by a Canadian
P (performance): the musical selection consists of a live performance that is:
recorded wholly in Canada, or
performed wholly in Canada and broadcast live in Canada
L (lyrics): the lyrics are written entirely by a Canadian
There are four special cases where a musical selection may also qualify as Canadian
content:
•
•
•
•
it was recorded before January 1972 and meets one of the above conditions
it is an instrumental performance of a musical composition written or composed
by a Canadian
it is a performance of a musical composition that a Canadian has composed for
instruments only
it was performed live or recorded after September 1, 1991 and, in addition to
meeting the criterion for either artist or production, a Canadian who has
collaborated with a non-Canadian receives at least half of the credit for both
music and lyrics – according to the records of a recognized performing rights
society, such as SOCAN (Canada) or Broadcast Music Inc. (BMI), American
Society of Composers, Authors and Publishers (ASCAP) and SESAC (United
States)
iv Who qualifies as Canadian in the MAPL system?
For the purposes of the MAPL system, the Commission’s Radio Regulations,1986 define a
Canadian as being one of the following:
•
•
•
•
a Canadian citizen
a permanent resident as defined by the Immigration Act, 1976
a person whose ordinary place of residence was Canada for the six months
immediately preceding their contribution to a musical composition, performance
or concert
a licensee, i.e. a person licensed to operate a radio station