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for immediate release

Regulation of Canadian Radio
 That was Then ... This is Now …


Technology Changes Demand Policy Changes

Ottawa, March 15, 2006 – New consumer technologies, changing consumer habits and growing competition from unregulated services demand a bold new approach to how the Canadian Radio-television and Telecommunications Commission (CRTC) regulates Canadian private radio. In one of the most comprehensive submissions ever filed with the CRTC, the Canadian Association of Broadcasters (CAB) proposes several measures aimed at strengthening Canada’s private radio as it meets the challenges posed by an increasingly fragmented and unregulated marketplace.

“The old economy of radio has been abruptly replaced by a new economy where radio faces unregulated competition in an open field of media and entertainment services,” said Glenn O’Farrell, CAB President and CEO. “We no longer have a single, regulated system of radio services delivered over the public airwaves, free of charge to Canadians. Now, we have two systems: the regulated system of the past, which is now in direct competition – some would say collision – with an unregulated, parallel system of new delivery platforms for audio content.”

The CAB’s submission filed today is in response to the CRTC’s Broadcasting Notice of Public Hearing 2006-1, the Review of Commercial Radio Policy. The CRTC review comes at a historic time in Canada’s radio industry. Please click here to view the CAB's submission.

In the past, commercial radio competed with other radio stations, newspapers and television for Canadians’ attention. But now, radio also competes with Internet radio, digital radio, satellite radio, cell phone radio, iPods, podcasting and peer-to-peer file sharing. These technologies have transformed Canadians from passive radio listeners to active creators of their own audio content.

On behalf of more than 400 radio stations across the country, the CAB has put forward several bold new approaches aimed at ensuring the long-term viability of private radio. These measures include:

  • The development of a Bonus System aimed at encouraging airplay of emerging music artists.
  • To provide diversity and preserve the integrity of formats for stations programming “oldies”, reduce Cancon levels to 25% from 35% for musical selections released prior to 1985.
  • Consolidation of Canadian Talent Development funding into commercial funds in the English and French-language markets, which will fully leverage and extend radio’s role as a promoter of Canadian music talent.
  • Stricter guidelines on market entry by all forms of licensed radio and the development of a Market Entry Test to help prevent over-licensing.
  • The creation of a reporting template that radio stations can use to annually assess their progress in advancing cultural diversity.
  • A flexible approach to Digital Radio Broadcasting (DRB) regulation in order to encourage its development in the marketplace.

“Any course of action pursued in this historic review of the Commercial Radio Policy must recognize that the old assumptions of regulation have fallen by the wayside and that a new sector of unregulated competition is upon us,” said Mr. O’Farrell. “This does not mean that more regulation is required, but rather more effective regulation needs to be designed.”

The CAB’s submission also notes that while some private broadcasters are profitable, Canada’s radio industry is clearly cyclical and subject to business downturns. The fragmented media landscape and increases in copyright payments – which more than tripled to $70 million between 1995 and 2005 – have created an uncertain economic outlook for private radio.

The CAB also projects a loss of radio listeners over the next decade due to new audio services and technologies. The CAB estimates revenue losses in the radio industry could be upwards to $39 million by 2010, with larger losses projected in subsequent years.

But despite these economic realities, private radio’s financial contribution to the development of Canadian music artists has never been greater. Since the coming into effect of the CRTC policy in 1999, private radio has committed over $168 million to new Canadian Talent Development (CTD) initiatives with over $100 million going to funding agencies - FACTOR, MusicAction, Radio StarMaker Fund, Fonds Radiostar.

Given the changing realities of private radio and the Canadian music industry, and also the inordinate amount of CTD funding from private radio that has flowed into the system in the past eight years, the Canadian regulator has the unique opportunity to set a bold new course by assessing the effectiveness of this funding and how it can be better leveraged to ensure the future health and success of Canadian radio and its music stars. For these reasons the CAB proposes to consolidate radio's CTD contribution into commercial fund in the English and French markets aimed at marketing and promotion.

In 2006 the Canadian Association of Broadcasters (CAB) celebrates 80 years as the national voice of Canada’s private broadcasters, representing the vast majority of Canadian programming services, including private radio and television stations, networks, specialty, pay and pay-per-view services.

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For more information, please contact:
Susan Tolusso
Director, Communications
(613) 233-4035 ext. 331
(stolusso@cab-acr.ca)

 



Then & Now Logo

Broadcasting Notice of Public Hearing
CRTC 2006-1 Review of the Commercial Radio Review
Canadian Association of Broadcasters (CAB) Submission

BACKGROUND INFORMATION

The New Realties of Canadian Radio:

  • Private radio in Canada can no longer be regulated by the assumptions that worked in the past to drive and create rules that no longer apply in an open market.
  • Private radio is facing new competition for listeners and for revenues from new unregulated audio services and consumer technologies.
  • Direct competition includes:
    • Internet radio
    • digital radio
    • satellite radio
    • cell phone radio
    • iPods
    • peer-to-peer file sharing
    • podcasting
    • Advertiser-supported musical services.
  • Canadian consumers have greater access to new technologies than ever before, and are creating their own audio listening content.
  • New consumer technologies represent a competitive, unregulated, parallel system of new delivery platforms for audio content.
  • A new policy framework for commercial radio must be adaptable to new and changing realities of the radio industry.

Radio is Local:

  • The connection of private radio in the local community is at the heart of what is radio
  • Based on information from a member survey the CAB conducted, private radio made over $35 million in voluntary contributions in 2005 - over and above regulated contributions to CTD. In that same year, private radio gave over $72 million in air time to the broadcasting of public service announcements. On top of these impressive contributions, private radio, using its local presence and close connections to its communities, raised over $113 million in pledges from listeners in support of fundraising efforts.

Radio’s Economic Outlook:

  • The radio industry is clearly cyclical and subject to business downturns.
  • Copyright fees paid by private radio stations in Canada have more than tripled in the last 10 years – from $22 million in 1995 to $70 million in 2005.
  • Unregulated audio services are likely to have two impacts on private radio, a reduction in the radio audience and a drop in radio revenues.
  • Revenue losses in Canadian private radio could reach up to $39 million by 2010, with larger losses in subsequent years.
  • Without regulatory reform, the long-term economic outlook for private radio in Canada is uncertain.

Promotion of New Artists:

  • The success of Canadian artists can no longer be measured by record sales alone; artist exposure has become the essential ingredient for success in the music industry.
  • Despite the economic uncertainty facing the industry, private radio has committed to maintaining the current content quotas (35% CANCON / 65% French Vocal Music).
  • In order to increase diversity of airplay and reduce "artist burn" station playlists need to include more emerging Canadian artists.
  • To offset the risk of playing unfamiliar artists and alienating listeners a Bonus System should be developed to encourage the airplay of new music by emerging Canadian artists.

French Vocal Music:

  • A value of 150% for French Vocal Music in Quebec would be assigned to a “new work” interpreted by an “emerging artist.”
  • To implement this incentive, the following definitions would apply:
    • New selection: A French-language musical selection by an emerging artist will be considered a new work eligible for points (value=150%) during the first 12 months following its listing on the Hit Parade.
    • Emerging artist: a singer will be considered an emerging artist during the first four years (48 months) following listing of his or her first release on the Hit Parade.

Canadian Content:

  • The proposed Bonus System would include the following incentives:
    • In English-language Canada, radio stations would receive a credit for the airplay of music from ‘Emerging Canadian Artists,’ while songs would still qualify as Canadian when meeting two out of four MAPL (Music, Artist, Production, Lyrics) categories, and additional 25% credit would be applied to the airplay of an Emerging Canadian Artist.
    • A musical selection by an emerging artist will be considered a new work eligible for credit in Quebec and English-language Canada during the first 12 months following its listing on the Hit Parade or Top 40 in spins on BDS or Mediabase all format charts or become gold certified for the first time.
    • A Canadian artist would be considered an Emerging Canadian Artist up until 12 months from the date they reach the Top 40 in spins on BDS or Mediabase all format charts or become gold certified for the first time.
    • The notion of artist includes duos, trios and groups under an established identity. If an artist in a duo, trio or group launches a solo career they will be considered an emerging artist for the first four years following their listing on the Hit Parade or Top 40.
  • The advantage of this type of incentive is that it would allow each network or individual station to make personal choices without forcing them into a common mould. Each station could explore on its own, proposing a specific proportion of new music and emerging artists, taking into account the station’s musical format, target audience and the availability of recordings in a given genre.

Canadian Talent Development Fund:

  • Since the coming into effect of the CRTC policy in 1999, private radio has committed over $168M to new Canadian Talent Development (CTD) initiatives with over $100M going to funding agencies - FACTOR, MusicAction, Radio StarMaker Fund, Fonds Radiostar.
  • To ensure the on-going effectiveness and supply of radio-playable music for the bonus system, the CAB proposes to consolidate its CTD funding into its commercial funds in the English and French-language markets, Radio Starmaker Fund and Fonds Radiostar.
  • Specifically, the CAB proposes that all contributions from the CAB CTD Plan that are currently allocated to funding agencies would be directed to Radio Starmaker or Fonds RadioStar. Remaining contributions that are targeted by individual stations to local music initiatives, such as music education or other supports, would remain intact.
  • The CAB also proposes that funds flowing from the significant benefits policy (3% to Radio Starmaker/Fonds RadioStar, 2% to FACTOR/Music Action and 1% discretionary) be repurposed such that 5% of funds would be directed to commercial funds and 1% would remain discretionary.
  • A consolidated fund in the English and French-language market will be effective in leveraging and expanding the promotional role of radio, promoting the careers of Canadian artists and focusing its programs on key elements such as domestic and international touring and other marketing activities.

Market Entry and Overlicensing:

  • An abundance of radio licenses issued in recent years, particularly in small markets, has lead to crowding and has spread revenues too thinly and hurt diversity of voice in private radio.
  • Between 1999 and 2004 the number of FM stations licensed has increased by more than 50%, from 237 in 1999 to 357 in 2004. English language stations licensed have increased by more that 60%, from 172 in 1999 to 274 stations in 2004.
  • The CAB is asking the CRTC to impose stricter guidelines on market entry by all forms of regulated radio, and proposes a Market Entry Test that would include the following provisions:
    • The CRTC should release aggregate data on small, medium and large markets on an annual basis in order to provide the industry with current and meaningful data on individual radio market health.
    • Where small market tests of profitability can be problematic for reasons of confidentiality, the CRTC and the private radio industry should work together to determine a market entry testing procedure suitable for small markets.
    • Profitability trends through measures of Profit Before Interest and Taxes (PBIT) should be identified within individual markets. While measures of profitability covered five-year periods under the original Radio Market Policy, the new Market Entry Test should track profitability over a three-year period.
    • The CRTC should carry out the required work to provide the commercial radio industry with profitability measures in medium and large markets for the 2002-2005 period as soon as possible and provide this aggregate data to the private radio industry.
  • Following the issuing of a license or licenses in any given market, there should be a formalized three-year pause in licensing in that market.

Advancing Cultural Diversity:

  • Private radio is very proud of its activities and initiatives respecting diversity, and our plan recognizes the inherent business advantages supported by a diverse industry.
  • The CAB believes that developing additional diversity initiatives will facilitate radio’s efforts at competing with new and unregulated services in the marketplace.
  • Radio broadcasters have developed a set of best practices aimed at advancing diversity in their programming and within their stations.
  • The CAB has developed a reporting template for radio stations to annually assess their progress in advancing diversity within their station.

Digital Radio Broadcasting (DRB):

  • Fragmentation of the market caused by new portable delivery systems; and new and unregulated services offering digital conveniences, choice and quality demonstrate that analog commercial radio service requires a long term strategy for a transition to Digitial Radio Broadcasting (DRB).
  • It is the CAB’s position that the CRTC should abandon the concept of DRB as ‘replacement technology’ and adopt a flexible and complimentary content regulatory model.

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