Wednesday, June 4, 2008

Why DRIC Was Silent At Council


It was all very strange don't you think. The performance by the City's outside counsel demolishing the DRIC proposal by showing how they violated the law. The brilliant cross-examination by our City's Perry Mason, our lawyer/Mayor. The incisive and trenchant questioning by Councillors.

And then the DRIC representatives... the high-priced, out-of-town experts who seemingly failed in the most obvious and simplest of tasks. They did not look exhaustively at the Greenlink Road proposed by the City and then failed to explain satisfactorily why they did not do so. They sat there stuttering as they were being demolished over a period of several hours.

Why, if you read the Letters to the Editor selected by the Editorial page Editor of the Star, one ought to be strapping on a "W" and cheering the efforts of this Mayor and Council to stand up for the quality of life in Windsor in the face of impossible odds.


Of course now we can be pretty certain that there was something going on behind the scenes. Exactly what, who knows! This whole border file is becoming more and more convoluted as time passes.

However, it is clear after the Star article "County less hostile to DRIC border plan" that the DRIC reps were instructed to keep their mouths shut and allow the City to dump on them. They had an answer to all the questions that were being asked at the Monday Council meeting but chose not to give them clearly and straight out. I watched their attendance at County Council on Cogeco and they did not have any problems answering questions. I'll talk more about that in another BLOG.

Oh well, when the DRIC road is killed and we get an upgraded and uploaded EC Row then we will understand why. Speaking of the expressway, several people have commented to me that it appears as if a third lane is being added to the roadway at least in the area of the construction. Perhaps someone can explain what is actually going on there.

Back to the Star article. Here are the relevant parts:
  • "Baxter said he's still trying to figure out what additional benefits are in GreenLink to justify almost $1 billion more in capital cost...

    While many elements of GreenLink and the parkway as now designed are similar, Wake said DRIC's analysis didn't find significant environmental benefits warranting almost $1 billion in additional cost in the city's GreenLink plan.

    The parkway proposal has 11 tunnels with a combined length of about 1.9 kilometres, but none exceeding 240 metres.

    GreenLink has six tunnels, but with a combined length of about 3.8 kilometres.

    Wake said the critical factor for tunnelling is the need for ventilation systems when length exceeds 240 metres. However, the air quality improvements from the additional tunnelling are minimal, Wake said. The main benefits of tunnelling are the improved local connections of roads, more parkland and trails, he said.

    Most of the air quality improvements for either GreenLink or the parkway come from eliminating stop-and-go truck movements and idling now common along Huron Church Road, Wake said.

    Even an end-to-end tunnel creates relatively little additional benefit in air quality for almost $4 billion in capital cost, Wake said."

As far as significant changes go, there can be "refinements" to the DRIC plan that would be allowed, and this may be Eddie's face-saving way out:

  • "Changes to the parkway plan to improve connections between neighbourhoods, to add parkland or extend trails can be made if justified, Wake said."

It really was very easy to knock out Greenlink. It was the same tactic used with respect to DRTP and the Ambassador Bridge but now applied to the City's proposal. DRIC determines the criteria and then disqualifies a proposal if it does not meet its criteria. It's really as simple as that.

With respect to DRTP, DRIC wanted six lanes of traffic while DRTP could only provide a maximum of four. The elimination of the Ambassador Bridge proposal was a bit more subtle... DRIC decided what they thought the proposal should be with respect to a new bridge at the existing site (which bore no relationship to what the Bridge Company proposed) and then eliminated it because it was going to destroy a good part of Sandwich.

In the case of Greenlink, DRIC determined that no tunnel should be longer than 240 m. Since several of Greenlink's tunnels were longer than that, then Greenlink was disqualified--poof, gone!.

Moreover, and I think that this is the real key to ignoring Greenlink, the reality according to DRIC is that a full tunnelled solution does not offer much improvement over what they are proposing at a cost of several billion dollars more than the DRIC road. I know that the Mayor does not like to talk costs but unfortunately we poor taxpayers do.

Just keep watching. We will learn soon I am certain why Sandra and Dwight did not want to go after Eddie at this stage. I do hope that Eddie remembers, if he chooses to litigate, that one day he could be answering questions fired at him by lawyers who actually have been in practice for a good number of years.

It is certainly not as much fun as doing the questioning when you are sitting in the Chair at the head of the Chambers and being called Your Worship.

Windsor's New Radio Stations


Who will really be wearing the "W" in Windsor media in the future in a real and positive sense? Which media group has a negative view of this City and its future and which one has a positive view? Which media group is prepared to put in big bucks into Windsor and to provide another voice for this community.

Gee, if I play it right, which media group might want to hire me to do on-air, editorial-type commentaries about the City of Windsor. [Hint, hint!] After all, I can let my eyebrows grow as long as those of Andy Rooney.

I'll let you, dear reader, decide that for yourself after reading below a transcript of the CRTC hearings with respect to licensing of new radio stations in Windsor.

In May, the CRTC ruled:
  • "Licensing of new radio stations to serve Windsor, Ontario

    The Commission approves the application by Blackburn Radio Inc. for a broadcasting licence to operate a new FM radio station to serve Windsor. The Commission also approves the applicant’s request for an exemption from the regulatory requirement regarding the level of hit material that may be broadcast.

    The Commission approves in part the application by Neeti P. Ray, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a new FM ethnic radio station to serve Windsor. Within 90 days of the date of this decision, the applicant must submit an amendment to the application proposing the use of an FM frequency other than 95.9 MHz (channel 240B1) that is acceptable both to the Commission and the Department of Industry."

In doing so the Commission stated:

  • "Although the Commission recognizes that incumbent Windsor radio services would experience some negative economic impact from the licensing of new stations, it is satisfied, based on the evidence set out above, that the Windsor radio market could support the licensing of one new commercial radio station and one niche radio station (one not directed to a mainstream audience) without becoming unprofitable."
It pointed out as well what Blackburn was prepared to offer
  • "The Commission considers that Blackburn’s proposal for a local country music station represents a viable business opportunity that would add diversity to the Windsor radio market and that could repatriate Windsor area residents who tune in to Detroit area stations. Further, the Commission notes that Blackburn’s proposal would introduce a new Canadian news voice to the Windsor radio market, and considers that the applicant’s proposed levels of spoken word and news programming would ensure an additional source of Canadian radio programming in Windsor. In addition, the Commission considers that Blackburn’s regional presence would allow for economies of scale in the highly competitive Windsor radio market dominated by CTV. Finally, Blackburn committed to devote, over and above the basic annual contribution to CCD [Canadian content development], a total of $1,001,000 to CCD over seven consecutive broadcast years."

The Blackburn station I believe is going to be known as "WOLF" and will be country music. it will be on 95.9 FM with their website probably being http://www.959thewolf.ca/

  • "The proposed station would offer a New Country music format targeting listeners between 35 and 64 years of age, with a core audience 35 to 44 years of age, skewed slightly towards women."

However, the interesting thing to me about the Application by Blackburn was the action of CTVglobemedia to oppose it.

In case you did not know it

  • "CTVglobemedia Inc. is Canada's premier multimedia company with ownership of CTV, Canada’s #1 television network, and The Globe and Mail, Canada’s #1 national newspaper. CTV Inc. owns and operates 27 conventional stations across the country, with interests in 35 specialty channels, including Canada’s #1 specialty channel, TSN. CTVglobemedia also owns the CHUM Radio Division, which operates 35 radio stations throughout Canada."

As of today, in our area, it owns the following media outlets:

  • CTV Southwestern Ontario (Kitchener/London, ON - CKCO)
  • A-Channel Windsor
  • CIMX-FM
  • CIDR-FM
  • CKLW-AM
  • CKWW-AM

Now I know why CKLW advocated for a strap-on "W." That commentary about Bloggers that I found offensive personally was probably a subconscious message directed to the management of CTVglobemedia!

Talk about negative whiners and naysayers about Windsor...We Bloggers are mere amateurs compared with the Doom and Gloomsters from CTVglobemedia.

I'm going to set out what was said at the CRTC hearings by the CTVglobemedia people. Compare and contrast what Blackburn media is prepared to do for this area, including the number of new jobs that will be created.


INTERVENTION

2595 MR. ROMAN: And thank you. Good afternoon, Madam Chair, members of the Commission and Commission staff.

2596 My name is Duff Roman, Vice‑President, Industry Affairs for CHUM Radio.

2597 I am joined on my right, your left, by Eric Proksh our Vice‑President and General Manager of our Windsor radio stations. With his 19 years of experience in this market he has become intimately familiar with the challenges of the Windsor radio market.

2598 On my left, your right; is Carrie French, our Vice‑President Business Analysis. Carrie will answer any questions on our market and economic research.

2599 We will now begin our presentation.

2600 CHUM Radio's reasons for opposing the Windsor radio applications are clearly outlined in our written intervention. We are here today appearing as intervenors because, just like the Windsor market itself, these are unique circumstances. We do not believe that the economic conditions within the Windsor radio market can support any new radio stations.

2601 Operating radio stations in the Windsor‑Detroit market has always been a delicate balance. By the late seventies Radio Windsor, then owners of today's CKWW and CIMX FM and Russwood Broadcasting, which owns CKOW and CIDR FM, were losing significant amounts of money.

2602 The Detroit operators of some of the largest U.S. radio players seized every business opportunity, duplicating any Windsor format that showed promise and outspending the Windsor stations on talent, marketing and promotion.

2603 By July 1984 the Commission initiated a special hearing with the Windsor operators, representatives of local business, the Ontario government and the Canadian music industry all figuring prominently. We had spent half the day discussing Windsor as though it was any market in Canada. I vividly recall the hearing being recessed so that all participants could walk out to the parking lot of the Holiday Inn on the banks of the Detroit River where they could all see the looming presence of the Renaissance Centre a scant 1,000 metres away. It was a revelation.

2604 The result was the Windsor Radio Review in which the Commission acknowledged that the environment within which Windsor's stations operate offers special circumstances and that a flexible approach is desirable.

2605 Thus, with some optimism CHUM entered the Windsor market in September 1985 with the purchase of the CKWW and CIMX radio stations. However, even with the unique regulatory approach adopted by the Commission, the de facto small market of Windsor with upwards of 80 percent of tuning going out of market and out of country left both CHUM and Amicus Communications who had acquired Russwood Broadcasting in the interim during the same year, remaining unprofitable.

2606 It was clear that the market could not support two corporate groups and it made sense to consolidate the four radio stations. Consequently, in 1993 CHUM applied to the CRTC for approval to purchase CKLW and CIDR FM.

2607 In a public hearing that was informed by the new directions of the Windsor Radio Review and the stark characteristics of the Windsor radio environment, CHUM was granted an exception to the ownership policy with the approval to operate two FM and two AM stations in the same market. At the hearing CHUM undertook to operate the four stations in four diverse formats.

2608 Today, we operate an All Talk station, an Oldies station, a Triple A station and an Alternative Rock station. It took many years and lots of hard work and innovation but we were able to achieve financial success as an integrated whole.

2609 However, as the Commission can verify, not all of our stations have been able to turn the corner. The success we have had in this market is due to the ability of our stronger stations to support the struggling stations and, in no small way, the flexibility provided by the Commission. This is a delicate balance that could easily crumble with the addition of any new radio stations.

2610 MR. PROKSH: The environment that Windsor radio stations operate in today is much more competitive than it was at the time of the Windsor Radio Review. Now, over 58 U.S. radio signals penetrate the Windsor area. Large and well known U.S. broadcasters such as Clear Channel have seven radio stations in Detroit and approximately 800 across the U.S. and CBS has six radio stations in Detroit and approximately 150 stations countrywide.

2611 A simple statistic demonstrates the unique channels of the Windsor market. Canada‑wide only 3 percent of total tuning is to U.S. stations. In Windsor this number increases to 50 percent, whether we like it or not the practical reality of operating a radio station in Windsor means competing against large, well‑financed and unregulated Detroit radio stations.

2612 We are operating in a radio environment comprised of 64 radio stations of which only six are regulated by the CRTC. And it remains the case today, as it was in the 1970s, that Detroit stations will duplicate a Windsor format that shows promise and use their resources to outspend our stations on talent, marketing and promotion.

2613 The realities of the Windsor market have meant that if we are to be competitive and attract as many Windsor listeners as possible, we have needed to take a different approach for this market than the other local communities which we serve. Windsor and Detroit are homogeneous markets and to be competitive we need to recognize the impact that Detroit stations have on the Windsor stations. There is no border on the radio dial. If the listeners like the programming, no matter where it originates, they will listen to it.

2614 The truth has long been recognized by the Commission, first, in the Windsor radio review and in the Commission's subsequent decisions relating to the Windsor market. Moreover, our experience in Windsor has shown that it is the only way to succeed and be competitive in a radio environment that is inundated with 58 American radio signals.

2615 MS FRENCH: I want to turn now to Blackburn's analysis that the impact on the incumbent stations in the market would be minimal if the Commission were to licence their proposed station.

2616 First, the revenue of the Windsor radio market has been considerably over estimated. And starting with over‑estimated numbers for the market has lead to over‑estimated revenue projections for the proposed station.

2617 Second, if as Blackburn says in one part of their application, the minimal impact on CKLW will be two share points, that equates to half a million dollars. We don't regard that impact as minimal.

2618 Third, referencing the BIA Report for the Detroit market Blackburn states that Detroit is a much more robust radio market than Windsor. However, the report actually says:

"The Detroit radio market will have seen a decline in revenue of about 16 per cent from 2004 to 2009." (As Read)

2619 This does not meet the definition of robust.

2620 MR. ROMAN: While Windsor and Detroit's highly integrated media market is one reality of operating radio stations in Windsor, the other reality that must be heeded is Windsor's economic dependency on Detroit. This fact is demonstrated by the automotive industry, an industry that is shared by both Windsor and Detroit.

2621 Windsor, known as the automotive capital of Canada, is home to the headquarters of Chrysler Canada. Chrysler stopped producing the Pacifica in late November. The Ford engine plant closed its doors in the same week. The GM plant operates with minimal staff and may not be open much longer. The trickle‑down effect of these closures will have a negative impact on the tool and dye shops and automotive parts manufacturers located in Windsor.

2622 Windsor's reliance on the automotive industry as a major employer means that any downturns in this sector have a tremendous effect on the city's economic health.

2623 Recent news headlines have highlighted the troubles in the automotive sector. The big three automakers slashed their North American output by roughly 1.9 million vehicles over the last three years. And right here in Ontario, according to Ward's Automotive Reports, output is expected to slide by a further 600,000 vehicles over the next five years.

2624 In addition, almost 6,000 jobs have disappeared in the first seven months of this year alone. Last week, the front page of the Windsor Star carried the headline "City's Outlook Called Bleak." The CIBC World Markets report ranked Windsor as having the worst economic outlook of Canada's two‑dozen largest cities, citing downturns in the local manufacturing sector and a weakening U.S. economy. Windsor is facing major challenges.

2625 This economic reality must be taken into account in determining whether the Windsor radio market can absorb the impact of a new station. We recognize that the Commission has recently licensed stations in markets that were less than robust. But when it did so, the potential future growth of those markets played a major role in those decisions.

2626 And what works in other Canadian markets does not work in Windsor. Other Canadian markets do not consist of 64 radio stations where 58 are out of country competing for the same audience that our stations serve. The Commission has long understood that reality and reflected in their Windsor‑related decisions.

2627 In conclusion, we believe that the Commission should deny the applications before you for the following reasons. First, the highly integrated radio market of Windsor and Detroit which had been recognized and accommodated by the Commission must be taken into account in assessing whether the market can absorb the impact of any new radio stations.

2628 And, second, the applicants' overestimation of the Windsor radio market revenues has lead them to overestimate projected revenues for their proposed stations. The facts don't support their projections.

2629 Third, the Windsor radio market is economically challenged, Michigan's economy is in a slide, Michigan has one of the highest levels of unemployment in the United States and, as the largest city in Michigan, Detroit is also suffering.

2630 All these factors lead to the inescapable conclusion that the current conditions are not right to licence any new radio stations.

2631 So we would like to thank the Commission for the opportunity to appear before you today and we welcome any questions you might have.

2632 THE CHAIRPERSON: Thank you, Mr. Roman, and to your colleagues.

2633 So if I hear you correctly, what you are telling us to do is to continue to look at Windsor in a unique way, to not look at Windsor as simply a market where one broadcast group owns four radio stations, period, but rather to look at it as a market where one broadcast group owns four radio stations and competes with 58 stations across the border. Which, I do have to concede, as a radio listener, is unimaginable to me that I would have a choice of that many radio stations.

2634 But that is essentially your position, correct?

2635 MR. ROMAN: (nodding)

2636 THE CHAIRPERSON: Okay. You did say in your oral presentation that we have taken a unique regulatory approach to the Windsor market and we should continue to do so. CTV has been able to take full advantage of that unique regulatory approach in the conditions of licence of your radio stations in this market.

2637 You also say that in your written intervention, you certainly repeated it today, that if we were to grant Blackburn their request it would not be in compliance with our common ownership policy.

2638 Why shouldn't we take a unique regulatory approach to the common ownership policy in Blackburn's case as well?

2639 MR. ROMAN: Well, first of all, I think that the history and the trail that has lead from those early days in Windsor‑Detroit to the Windsor radio review onto the groundbreaking decision that allowed CHUM at that time, now CTVglobemedia, to own four stations is a lesson that really isn't that remote. We do a very delicate dance.

2640 We promised to undertake that we would operate four stations. The discussions those days would be close the unprofitable ones, for instance, CKWW. And there was some other discussions that were undertaken and we took a solemn position, not a condition of licence, but an expectation that we would maintain four diverse services.

2641 Today, we have one essentially break‑even FM, we have an AM that has continued to lose money, we have an AM and an FM that are essentially carrying the freight. Our suggestion to you is that now is not the time to upset that delicate balance, the economic conditions are right. And considering an exception to the rule, we think that the timeliness is not there. That what you have constructed ‑‑ and this is a great success story in my opinion ‑‑ is still very fragile.

2642 And, if I may, we don't operate in a market with infinite horizons. We are in a situation where we have to operate in niches, it is like Whac‑a‑mole. The minute we raise our heads above sea level a competitor in Detroit will duplicate the format and take it away.

2643 And I think I could have Eric maybe even discuss some of those situations that we have had to deal with where we get to a 4 or 5 per cent share and someone comes in unregulated and simply takes it away. That is a reality that won't go away. We can't keep growing the market, we can only take it to a certain finite level and then that 58‑station competitive factor kicks in very big time.

2644 THE CHAIRPERSON: But before we do that and just so I don't lose this track, you said the economic conditions, currently, do not grant the conditions necessary for an exception ‑‑

2645 MR. ROMAN: Yes.

2646 THE CHAIRPERSON: ‑‑ to the common ownership policy. We have heard from the Blackburn applicant that it is a blip and that Windsor goes through this all the time, it is cyclical, the economy in Windsor can be buoyant.

2647 Are you, therefore, suggesting that if the Windsor economy does improve then that would be the time at which we could look at an exception to the common ownership policy?

2648 MR. ROMAN: Depending on the depth of improvement, I would suggest to you that that would be the appropriate time for re‑examination of allowing a new entrant into the Windsor market, yes.

2649 THE CHAIRPERSON: I mean, CTVglobemedia is a big enough company that it can adjust or it can react to the kind of economic conditions that we are talking about as well as the changes in format from the U.S. stations. Is that too big of an assumption for us to make?

2650 MR. ROMAN: Well, I think that we look at all of our markets as, hopefully, being able to pay their own way and carry the freight and, certainly, Windsor is no exception. And, for us, the fact that we are able to maintain four discreet services is because we have the strong stations supporting the weak stations.

2651 So are we big enough? How long would we want to carryon with that? I mean, these are questions I think we grapple with every quarter of every fiscal year in terms of what we ourselves are going to do with this economic downturn in Windsor‑Detroit. It is a real issue for us and it is just really starting to kick in now. And the probabilities don't look good on the horizon that it is going to be a short‑term thing.

2652 I mean, plant closures are different than layoffs. And with the automotive industry under attack and heavy pressure, these are sea changes that are going through a major fundamental backbone industry to the Windsor economy. So I think both the regulator and the licensees are going to have to look very carefully at how they deal with this situation as it evolves.

2653 THE CHAIRPERSON: Now, you consider the Blackburn station out of Chatham to be a Windsor station essentially.

2654 MR. ROMAN: For all intents and purposes, yes.

2655 THE CHAIRPERSON: For all intents and purposes. And you have the same view of their Leamington station? I know that their Leamington station does come into the Windsor market, but it does not have the same conditions of licence as their Chatham station does.

2656 MR. ROMAN: Well, I would ask either Carrie or Eric to respond in terms of how Leamington impacts us in Windsor.

2657 MS FRENCH: Well I think, Madam Chair, it has been a recent development that the programming on Cheer has been directed towards Windsor. They do sell within the market, they do advertise for listeners within the market and they sell as a Blackburn combination of two stations in the market.

2658 So it is an everyday reality that we deal with, both with our audience and with our advertisers. So I think an illustration of the fact that it is being considered a Windsor station is in the software that most sales people in Canada use for radio is called air ware, both Blackburn stations are included in the Windsor market. And when you are not an originating station, you have to pay extra to be included.

2659 THE CHAIRPERSON: So obviously, what you are saying it is important enough for them to be included, that they pay to be included?

2660 MS FRENCH: Absolutely.

2661 THE CHAIRPERSON: Okay, thank you.

2662 Do my colleagues have any questions?

2663 Commissioner Menzies.

2664 COMMISSIONER MENZIES: You used the adjective unregulated when you referred to the Detroit stations and their stealing of formats and that sort of stuff. Is it the regulation that keeps you from competing in the Windsor‑Detroit market?

2665 MR. ROMAN: Well actually, it is the CRTC's flexible regulation that does allow us to compete in the Detroit market. We operate at 20 per cent Canadian content, we have a realistic spoken word requirement, and it allows us to operate in niches. So we can take a certain format to a particular level I think by very intelligent programming.

2666 But as it reaches a certain share point of say 4 or 5 per cent, it is then that the American stations take notice of us and they simply say, well, there is something that is showing some success, why don't we go after them by playing anything that we choose to play rather than having to make sure that you accommodate 20 per cent or 35 per cent Canadian content.

2667 It is a war of attrition. It won't show up in the first day or the first week, but certainly there has been a monumental change in the way Windsor's radio history was shaped with The Big Eight when it was incorporated into the Canadian content regulations. And that was the beginning of the corporate difficulties we had when the stations in the U.S. realized at that time these relatively unknown records, it was a very fragile music industry at the time, were occupying 30 per cent of their play list. It took them about 18 months, but they basically pushed them right out of that niche.

2668 COMMISSIONER MENZIES: Thank you for that. But what I am trying to get at a little bit is if you didn't even have the 20 per cent would you be able to compete or would it still not be manageable?

2669 MR. ROMAN: Well, if we had the same level playing field as the Americans, we would put ourselves up against any of them, yes, absolutely. I mean, essentially, there are things that would characterize us as a Windsor station, our local service to Windsor. But in areas of being able to present what is required in terms of our play list, its assembly, where we go with it, I think that it probably would always have a very very significant amount of Canadian talent because the music industry has matured and is providing some really great records.

2670 But the difficulty, and I don't know if you want to go there Mr. Menzies, but is that we have to do this week in and week out. Some weeks there are all kinds of new Canadian releases, but then we will have weeks where there are none. But the quota system requires you to always play, whether it is 20 per cent in Windsor, 35 or 40 per cent in the rest of the country, and those are the challenges.

2671 And what happens is if you dropped in on an unregulated player or 58 unregulated players, then you get a situation where they can gang up on you or they can target you directly, and it doesn't happen overnight, but eventually it does have its effect.

2672 COMMISSIONER MENZIES: Okay. And I am just trying to get my head around ‑‑ Blackburn is comfortable with 35. And I have got information from you that says 20, especially the way it is done on a weekly basis, is a bit of a tight collar. How do you suggest I view that difference in perspective?

2673 MR. ROMAN: Well, I think that I will ask either of my colleagues to address here. But what we think will happen is that the Windsor market, as I say, has finite limitations, it can't grow above a certain level. Because what happens when you get to a certain level is that you attract the attention of major competition, is that we will all be winding up eating from the same table, we will all be winding up in a situation where we will have to take the advertising wherever we can take it.

2674 And whether it is 35 per cent with a station with low overhead coming into the marketplace and filling a perceived niche, we will windup going after, I think, a lot of the same advertisers.

2675 And I would ask Eric to comment on that.

2676 MR. PROKSH: I don't have much more to add, but I think the same is true, we will probably end up cannibalizing the Canadian advertising in Windsor. As Duff pointed out, not all of our stations are profitable at this time. And to have a new player in the market, it is hard for me to realize that that wouldn't happen.

2677 COMMISSIONER MENZIES: But you sell advertising in Detroit, right?

2678 MR. PROKSH: Yes, we do.

2679 COMMISSIONER MENZIES: And I am sure it is here someplace, but just remind me what percentage of your revenue that is?

2680 MR. PROKSH: It varies by each station, but our total revenue would be approximately 40 per cent in the U.S. But we do have separate rate cards. The U.S. is a much more expensive market, being in the top 12 or 13 largest markets in the U.S. The cost per point in that market is substantially higher than in Windsor and we have a much lower rate card for Windsor.

2681 COMMISSIONER MENZIES: So U.S. advertisers are subsidizing Canadian advertisers more or less on your station?

2682 MR. PROKSH: If you want to put it that way. They pay the market cost that is relative to the Detroit market in Detroit.

2683 COMMISSIONER MENZIES: Okay. Thank you.

2684 MR. PROKSH: Thank you.

2685 THE CHAIRPERSON: Thank you, Mr. Roman, and to your colleagues, thank you for your intervention here today.

2686 MR. ROMAN: Thank you for your time.

2687 THE CHAIRPERSON: Madam Secretary.

2688 THE SECRETARY: Thank you, Madam Chair.

2689 This concludes Phase 3.

2690 We will now proceed to Phase 4 in which applicants can reply to all interventions submitted on their applications. Applicants appear in reverse order.

2691 We would then invite Blackburn Radio Inc. to come forward to the presentation table if they wish to participate in Phase 4.

REPLY / RÉPLIQUE

2692 MR. COSTLEY‑WHITE: Good afternoon, Madam Chair, members of the Commission and Commission staff.

2693 My name is Richard Costley‑White. I am here with the colleagues I introduced in Phase 1, they are Terry Regier, Walter Ploegman, Sue Storr, Rod Martens, Lori Baldassi, Jason Ploegman, Carl Veroba, Debra McLaughlin and Mark Kassof. We are here present our reply to the interventions to our application.

2694 The supporting interventions, the research studies we presented, our experience in Windsor and recent announcements by public officials present a much different view of the market than does Canada's largest private broadcaster.

2695 MR. REGIER: Much has been made of the recent economic difficulties in Windsor, including the Windsor Star report on CIBC's rating of this market. This news is a matter of concern to all of us Winsorites.

2696 Every Wednesday, The Rock invites the Mayor of Windsor on air to talk about the city. Last week our host asked him about the CIBC article and here is a part of his reply:

"So, yes, we are going through a perfect storm, we've been through storms before, absolutely. Will we come out of this one? Absolutely. We have strengths that we did not have before. We have a well‑developed, skilled workforce, we have a very important and critical tourism facility that is being built right now and that's the convention centre on the new Caesars property. So we have the best location, we have the tools and we have the strengths and we'll be positioned to come out of this stronger. But it's going to be hard for the next little while and that's something that everybody in Windsor I believe, and in this county ‑‑ it's not just Windsor, but it's in the entire region, it's something that everybody in this region I believe understands and is going through right now." (As Stated in Audio Presentation)

2697 MR. REGIER: We have provided you with a CD of the complete interview. The Mayor agreed that we have been through some tough times, but notes the difference with past economic downturns.

2698 Windsor has put in place structures to diversify our economy. CTVglobemedia stated in their written intervention, at paragraph 32, they believe and I quote:

"It is strategically necessary to treat Windsor and Detroit as a homogenous market." (As Read)

2699 They obviously don't agree with the 72 per cent of those who think Windsor is a unique market. Windsor and Detroit are different cities with different demographic, economic, social and cultural make‑ups.

2700 CTV provided a series of band news clippings to support their thesis. What they ignored is a diversification that happened over the years and some of the recent good news. Windsor's bond rating was raised from AA minus to AA, as reported in the Winsor Star on November 20.

2701 Data from the Canada employment office demonstrates that each job lost in the downturn is replaced by at least one new job. Per household income has increased at the same rate as the rest of Canada from 2004 to 2007 according to FP Markets.

2702 The CMI report filed by CTV notes that the Conference Board predicts growth for 2006 and 2007, minimal growth, but growth nonetheless. And the projections for the years 2008 and later are for more significant growth.

2703 I would like to ask Debra McLaughlin to add further comments here.

2704 MS McLAUGHLIN: Much of the focus of the discussions on the economics around this process has been on where Windsor has been. I think the focus is properly placed in the future.

2705 According to the Conference Board winter 2008 data from second quarter 2008 and onward GDP is projected to be positive. Despite the downturn in the automotive sector, growth in personal income in 2007 is expected to be positive, evidence of diversification.

2706 Further, growth in income is to rise to 4.2 per cent in 2008 and by 2009 be 3 per cent. This growth feeds the positive retail sales we discussed earlier. A balanced look at Windsor's economics would reveal a difficult current situation, but a future that is characterized by growth and not prolonged decline.

2707 Rod.

2708 MR. MARTENS: CTV suggests in its written intervention that the situation today is worse than it was in 1984, more U.S. stations with a "detrimental impact on the amount of tuning and revenues that Windsor stations garner." This is a misread of the actual situation.

2709 In 1984, Detroit radio stations dominated tuning and all four of the radio stations in Windsor were losing money. At that time the commercial Windsor stations received a total of 20 percent of hours tuned.

2710 In the fall 2007 BBM ratings, Canadian private radio stations received 37 percent of all hours tuned.


2711 In Decision 2003‑603, the Commission stated that the four then CHUM‑owned stations had been growing in revenues and profitability since 1999 and that their PBIT margins had exceeded the national averages for each of the previous three years.

2712 CTVglobemedia states that national advertisers do not want to buy Windsor stations since there is not enough reach by Canadian stations to justify this.

2713 Commissioner Menzies noted Windsor is hard to buy due to all the stations but Canadian advertisers cannot buy most of these stations since Detroit rates are four times that of Windsor.

2714 CTV's prescription is not to license more players in the market but we would suggest a market‑driven strategy: License more Canadian stations, aggregating Windsor audiences, and we will reach the required critical mass.

2715 Our own experience would seem to indicate that this kind of strategy works.

2716 In the spring of 2004, before The Rock provided a reliable signal in the market, private commercial Windsor stations received a 35.9 percent of all hours tuned 12+.

2717 A year later, in spring 2005, after the launch of The Rock in the market, the total hours tuned 12+ grew to 39.3 percent.

2718 The difference was above and beyond The Rock's share. In other words, the entry of a new station meant growth in total tuning to Canadian stations.

2719 MR. REGIER: CTV also makes a number of contradictory arguments.

2720 At one point in their written intervention they indicate that Blackburn has no experience in the challenging Windsor market and only they know what it takes but elsewhere they claim that our part‑time Windsor repeater CKUE and our out‑of‑market Leamington station CHYR have had an impact on their business.

2721 Put differently, we don't know what we are doing but somehow we are hurting them. In act, we have operated successfully in markets with multiple U.S. signals and know the trick to winning: local service and attention to your home market.

2722 We are not hurting them in Windsor. As demonstrated in our written reply, the only reason their four stations' combined share is down is that they switched from an AC format in Windsor to go triple A because of low ratings in Detroit.

2723 CTV indicates that their fear is that we will fail in the country format and then switch formats to come after one of their stations. We are very confident that we will succeed in the country station in Windsor.

2724 The Kassof research is clear. We have the potential to draw 7 percent of hours tuned in the market with a country station. Our decision was to be cautious and so we built our business plan and we built it on a modest 3 percent of tuning in our first year of operation and only reaching 8 percent by the seventh year.

2725 The U.S. country stations drew 9.6 percent of hours tuned in the spring of 2007 and we are confident we can repatriate a significant portion of these hours.

2726 We have done this before in Windsor. Before The Rock launched in 2004, U.S. mainstream rock stations drew 12 percent of hours tuned in Windsor. In the fall of 2007, The Rock drew 4.8 percent of hours tuned in Windsor and was the highest‑rated mainstream rock station in the market. Detroit rock stations drew a 5 share in points, less than in the spring of 2004.

2727 But even if we did stumble, why would we chase after their formats? The Kassof research shows that there are a number of format opportunities in the market, mainstream AC, the format abandoned by CIDR, despite shares as high as 8 percent of 12+ tuning in the Windsor market.

2728 At one point in their written intervention CTVglobemedia indicates that there should be concern because the Detroit radio market is in decline and Windsor stations will likely see less revenue from the Detroit advertisers.

2729 The implication seems to be that Canadian listeners in Windsor should have fewer local radio choices because CTV might not be able to draw as much money from Detroit as in the past.

2730 Madam Chair, members of the Commission, Canada's largest broadcaster, with four radio stations in the Windsor market, two regional television stations and an impressive stable of specialty services, came to you asking to continue to be sheltered not from the Detroit giant but from Blackburn Radio Inc., one of the decreasing number of regional broadcasters.

2731 MR. COSTLEY‑WHITE: I would like to thank the interveners who wrote in support of our proposal. They include musicians who spoke to the support our Windsor Rock station provides and the need for a local country station. Community service groups spoke of the support that The Rock has brought to them and advertisers spoke of the need for new advertising choices.

2732 I would particularly like to note the comments from intervener Pat Lewis of the Windsor Department of Parks and Recreation who noted our involvement in the city's regional economic assembly to review new initiatives for the local economy.

2733 Madam Chair, we have argued strongly that the market can sustain a new station now and that the growth in the market will ensure viability for all stations in the future but let us consider for a moment what will happen if we are wrong.

2734 Either Blackburn will lose money and/or CTVglobemedia will feel a certain amount of impact.

2735 We are entering this market with our eyes wide open. We are willing to risk a substantial investment and we are not asking you to protect us from this risk.

2736 If CTVglobemedia takes some impact, which we doubt, Canada's largest broadcaster is well positioned with four local radio stations, two regional television stations, the most successful private conventional television network in Canada and a stable of very profitable specialty stations, they are well positioned to weather any storm.

2737 Among the consequences of denying this application are no new programming choices for Windsorites, no new editorial voice in the city, no exposure for Canadian country artists in this major market and the loss of over $1 million in CCD to the system. We think this would be a shame.

2738 We feel that a key to helping a community undergoing difficult financial times to recover is to invest in it. Blackburn Radio wants to make a large investment in Windsor's recovery.

Tuesday, June 3, 2008

Welcome Senator Fortier




A big Windsor welcome to Senator Michael Fortier! It looks like the distinguished Senator is the newest Federal politician to be involved in the border file. I wonder how long he will last before he is chewed up by this file as well. It seems to be a career ender for politicians at all levels and on both sides of the border.

Barrie McKenna, the Globe and Mail's correspondent and columnist in Washington who covers Canada-U.S. relations, business, trade, economics and politics wrote a variation of the border thickening theme that Canada is using ad nauseum these days:

  • "Border paranoia: The cost is real and hits Canada the hardest

    If Canadian businesses feel like they're no longer enjoying the full benefits of free trade with the United States, it's because they aren't. "The benefits Canada derived from the [free-trade agreement and the North American free-trade agreement], have been substantially eroded," Mr. Grady concluded.

    At a time when exporters are already suffering from the stronger Canadian dollar and the U.S. economic slump, Canada can ill afford to lose its export base.

    The tragedy, however, is that these exports may be lost forever.

    Companies that do business in the U.S. are gradually restructuring the way they operate to avoid the border. Inevitably, that means shifting production inside the U.S. security wall.

    This is, of course, the antithesis of free trade. Security has trumped prosperity.

    The cost is borne by both countries, but the burden falls disproportionably on Canada because it's more dependent on trade with the United States than vice versa.

    Ottawa is starting to get serious about the things within its control. Public Works Minister Michael Fortier, for example, is spearheading Canadian efforts to replace the aging Ambassador Bridge, which links Windsor, Ont., and Detroit, Mich., along with approach roads and customs infrastructure. The $3-billion-plus project would go a long way to easing congestion at the busiest trade gateway to the United States. But completion of the bridge, which also requires U.S. funding, is still years away.

    Changing the U.S. security mindset could prove even more intractable.

    With the looming U.S. elections, Canada has a rare chance to reframe the border debate, and to begin a new conversation with a new U.S. administration."

It looks like I was not that far off the mark when I speculated about Senator Fortier in my BLOG May 13, 2008 "Naming The Unnamed Cabinet Minister:

  • "Accordingly, by a process of deductive reasoning, I believe it is elementary, dear reader Watson, that the person whom I believe is the one responsible for what could turn out to be a disastrous situation for Canada is Senator and Minister of Public Works and Government Services, Michael Fortier!"

Just to give you a bit of background about the Senator, he is one of the few Cabinet Ministers in Canadian history who is not a member of the House of Commons but a member of the Senate. Accordingly, he can never participate in Question Period in the House. From the Prime Minister's website, we learn that Mr. Fortier worked in the legal and banking fields. More importantly, he co-chaired Stephen Harper’s national leadership campaign in 2004 when Mr. Harper became leader of the Conservative Party of Canada. He also co chaired the Conservative Party’s national campaigns during the 2004 and 2006 elections.

Obviously, Fortier is a close confidant of the Prime Minister and must obviously have his trust, especially if the Globe states that he is now involved in the border file. One of the oddest remarks in the Globe story is the following which I also emphasized above:

  • "Ottawa is starting to get serious about the things within its control."

Do the Conservatives mean to say that up until this time Ottawa really had no interest in the border file no matter what they said? Over five years of do-nothing efforts and wasting taxpayer money?

It means then that Transport Canada Minister Lawrence Cannon was completely irrelevant and nothing that he said should be taken seriously. It means that Ambassador Michael Wilson who seemed to appear and then disappear in a cloud of smoke will definitely be put out to pasture at the appropriate time since his credibility is completely shot now.

All of his time and effort wasted when in fact we should have been sitting around waiting for the Senator to appear on the scene and then we might get some action done.

I hardly think that a man with the Senator's credentials would be interested in environmental assessments. That is for the plebes to work on. He has to be involved in more important things like wheeling and dealing with all of the players on the border file and the financial big boys.

Again as I speculated before, and I believe correctly,

  • "Another hint. Whoever the person is has to be well versed in finance because he was talking with our Mayor about the purchase of Brighton Beach. He would not have come down here just for one single purchase transaction but rather he would have to be down here for the financing of the entire project, a public-private partnership that the Government is trying to force down the throats of taxpayers.

    He is probably also down here as I said before to talk about the Tunnel. The Federal Government expects to scoop it up at a very low price because there's no one else interested in taking it off the hands of the Cities of Detroit and Windsor. He will use the City of Windsor as his front so that the American Government will not get upset about Canada controlling the Tunnel and probably the new bridge crossing as well.

    Accordingly, he would also have to be someone who is very experienced in the Government in contracting and would be knowledgeable in P3's.

    Another clue. Which Government department "buys more goods and services than any other public organization in the country — buying everything from the flu vaccine to security systems to aircraft. "

I would expect that Senator Fortier will find out very quickly that the DRIC assumptions are invalid and what was told to the Senate by Transport Canada cannot be believed especially after the US DEIS. I expect that if he is truly coming down here to understand the situation then he needs to speak to everyone involved.

He either has to become fully informed or there will be litigation at some point that will last for a decade or longer.

The border file is such a mess and such a disaster that it will in fact jeopardize Canada's relationship with United States. It has become a big deal in the border war for some Canadian politicians and bureaucrats who have their own agenda that they wish to fulfill no matter what it does to our relationship with United States. Those people need to be told the facts of life by someone who has the trust of the Prime Minister. It will be interesting to see if that ever happens. Or is Fortier their front as well?

The comment made that

  • "Canada has a rare chance to reframe the border debate, and to begin a new conversation with a new U.S. administration"

is so far from the truth that it is laughable now.

With interference in the US primaries over NAFTA, trying to pressure the US President, end running the Democrats, insulting John McCain, leaking incorrect information thereby making it seem as if the United States has acted illegally, threatening the United States with our oil and trying to make the Americans spend billions of dollars that are not required, our only hope is that the situation can be salvaged at all.

We'll be watching you Senator. Carefully

Partially Undressed Windsor Stories



If you are older, you might remember this line: "There are eight million stories in the Naked City, and this has been one of them."

We are not as big as the Big Apple and a bit more "provincial," so our City is not completely naked. Moreover, there probably are not as many stories in Windsor. However, here are a few more of them:


1) DRIC AS A BLOCKBUSTER

Where are the protectors of the City who rose up in anger against the Bridge Co. properties on Indian Road? Are they hypocrites? Are they deliberately looking the other way? I have not heard a peep out of them with respect to this problem.

Is this what the Mayor meant when he talked about derelict properties. A note from a reader:

  • "SUBJECT: Coming Very Soon To A Home On Highway 3 In Windsor"

    There are now some 8 to 10 homes left for demolition on Highway 3 near my mother's house between St.Clair College & Howard Avenue. Some home owners have already taken the government's buyout & left their homes for greener pastures. You can tell which homes are vacant by the uncut grass on their front lawns. Crackhouse anyone???"

And again:

  • "I copied this story to an employee of mine. She wasn't surpised at all because her aunt lives on Highway 3 between Howard Avenue & Cousineau Road. Her aunt took the government buyout a few months ago & they stopped by their old home a month back & there was a homeless family living in it.

    No s**t."

2) THE FERRY AS A HINT

Here is another reason for thinking that the Enhancement Project is moving forward while the DRIC project will be tabled.

I was thinking about the short story I wrote the other day about the mess with the Ferry project. I should have figured it out before but I didn't. There obviously will not be a DRIC bridge built. If one is going to be built, then there is no need to spend $5 million on the Truck Ferry.

As you may recall, the new bridge is supposed to be able to handle hazardous materials. After all, they're going to bring in so much of the Sarnia traffic to Windsor including garbage trucks or else no one would invest in the project. Once the new DRIC Bridge is built, the Ferry is out of business.

Accordingly, unless the Government is prepared to waste more taxpayer money, they still need a truck ferry.

3) WINDSOR'S NEWEST DRINK: A CLAUDIO MARTINI

I used to be a champagne drinker until it got too expensive. Then I was introduced to apple martinis and that became my drink of choice. Apparently, a Windsor bartender concocted a new cocktail recently, the Claudio Martini.

I'm not sure exactly all of the liquor that it contains, but I hear it packs quite a wallop! One of them can make a Windsor Member of Council pass out cold.

It was just posted on John Middleton's website http://themunicipalgremlin.com/ that he has retained Claudio to act for him as legal counsel after he was terminated as Chair and removed as a member of the Windsor Citizens' Crime Prevention Committee.

As you may recall, Claudio is also acting for the Box Office who will be challenging the City's closing by-law. He is also acting for the Junction in their $1.5 million lawsuit against the City.

Perhaps he has become the counsel of choice if one wants to go after the City. In my experience, not many lawyers in town seem eager to do that.

4) WILL ANYONE FROM WINDSOR DARE ATTEND

Canadian Automotive Insight Forum
Session 1 – Wednesday, June 25, 2008

RESERVE YOUR SPACE TODAY!

Building on the success of Deloitte’s Canadian Automotive Insight Forum, we are now in high gear to bring you an exciting, informative and worthwhile learning experience in 2008. Now in its fourth year, this series brings together key players in the Canadian automotive industry to explore current issues and strategies unique to Canada’s role in the global manufacturing landscape.

Developing strategic business relationships with the new American OEMs

Deloitte, in partnership with the APMA and the Department of Foreign Affairs & International Trade Canada, Ontario Region, is pleased to provide a seminar focused on assisting automotive suppliers to be more successful in their relationships with Japanese based OEMs. This one day, comprehensive seminar will provide:

· insight into the latest strategic insights and directions of these OEMs

· highlight significant success factors and approaches in establishing and building relationships and business with them

· document strategic differences amongst the OEMs

As a participant, this session will aim to deliver valuable insights, proven strategies, thought leadership and industry best practices that can increase the efficiency and profitability of your own operations.

5) NOT A HEADLINER

Congratulations to the Mayor for being invited to NYC for an immigration conference. I wonder if he took one of the Red Bull planes to fly there. Do you think he met with Sam Schwartz?

While he was a speaker, unfortunatley he did not get a lead billing as you can see. Perhaps when his fame spreads:

  • "IMMIGRATION, JUSTICE AND CRIME: WHERE DO WE GO FROM HERE? (reporting the full story)

    Start Date: 6/2/2008 Start Time: 9:00 AM
    End Date: 6/2/2008 End Time: 5:00 PM

    Event Description

    A candid conversation with scholars, ethnic media, and policymakers.

    Luncheon Speaker:
    U.S. Rep. Silvestre Reyes
    Chairman, House Intelligence Comm

    Panelists Include:
    John DeStefano
    Mayor of New Haven

    Peter Smith
    Agent-in-Charge, ICE New York

    NY State Assemblyman
    Greg Ball

    Deepa Fernandes
    WBAI

    Margaret Talbot
    The New Yorker

    Muzaffar Chishti
    Migration Policy Institute

    Cheryl Little
    Florida Immigrant Advocacy Center

6) WHEN IS A BUDGET SUPRLUS NOT A BUDGET SURPLUS

When it can turn into a budget deficit.

I cannot figure this out at all. Back in April, we were told first that there was a budget surplus of $5.4M.

Of course, there was no hope that taxpayers would ever get back any of our own money:

  • "A tax break is an option, but you always need to look at the level of service and priorities," said Coun. Caroline Postma. "Before I say tax break I need to look at projects we're working on and make sure we are on the right track with things...

    "(A tax cut) is an issue of debate for council to undertake," said Coun. Fulvio Valentinis. "But our (reserve funds) have also been consistently below where they should be ...

    The budget surplus may wind up being used for a handful of unexpected expenses, but most of the money should remain in the city's "rainy day" reserve account, suggested city treasurer Onorio Colucci."

Then the Mayor spoke and we were told we did not really have a surplus:

  • "Reached on Thursday, Mayor Eddie Francis stressed that the surplus isn't new money, and has already been earmarked to pay for such things as Workplace Safety and Insurance Board claims by firefighters and expected tax reductions as a result of tax appeals.

    "It was well understood during the budget negotiations of two months ago that there was going to be a surplus. But it was equally understood that there were costs that had yet to be allocated," Francis said."

So the surlus was not a surplus after all since the money had already been earmarked although it appears that the Councillors did not know that. In fact, Councillor Halberstadt wanted some of that surplus for the Library.

Then at a council meeting:

  • "Council decided Monday to move $5.4 million in surplus funds from the 2007 budget into its budget stabilization reserve fund.

    Citing fears of potential high payouts this year in the areas of tax appeals, pay equity, rising fuel costs and higher snow removal costs from this winter, it was suggested by the city's finance department it was the most prudent course of action.

    "The fear is this is a short-lived transfer into that reserve," said Onorio Colucci, the city's treasurer. "It is going in there, but we may need to use some of that funding."

Now we may have a $6.4M deficit. We shouldn't be upset should we since that is what the $5.4M was for. Not so fast. The Mayor told us that the surplus was already accounted for remember.

According to the Star, we are told that part of the $6.4M deficit is for

  • "$3.8 million from the Ontario Municipal Partnership Fund, money the city was expecting to pay for drug costs for the city's social services clients. Another big contributor to the projected deficit involves a recent pay equity ruling for Windsor police that could cost up to $2.5 million, according to a report going to council...Workplace Safety and Insurance Board costs are $930,000 higher than expected, partly because of injuries sustained by four firefighters when their fire truck flipped March 2, 2007, as well as a higher-than-expected number of claims by Huron Lodge employees."

Those seem to be issues that were NOT expected or HIGHER than expected.

Councillor Dilkens told us that "the early deficit projections don't sit well with him." They don't sit too well with me either nor with the vast majority of Windsorites I would wager.

True surplus, accounted for surplus so no surplus, money for reserves, no money for reserves, expected deficit, unexpected deficit... It would be nice then if someone would explain to us what our true financial position is so that we could stop guessing or being so confused.

Monday, June 2, 2008

BLOGExclusive: EPA Concerns Over US DRIC Draft Environmental Impact Statement


Let me be direct about it. Who is going to be the sacrificial lamb? Who is going to take the hit for the team? Who is going to have to stand up and be slammed by furious Michigan legislators for hours upon hours at the hearings about how MDOT handled, or perhaps mishandled, the DRIC study.

Who will tell Senator Cropsey and his colleagues that DRIC did not dot all the I's and did not cross all the T's!

$34 million spent already, teams of experts retained and there are EPA "concerns" to the work that was done. Senator Cropsey and his colleagues will be apoplectic if his Press Release is anything to go by. If the Senator has concerns now about MDOT and the way it performed its function, then just wait!

Talk about "abysmal track record," if the Senator wants to see a "public sector boondoggle," then all he needs to do is read on in this BLOG. Never mind having faith in their ability to plan and design another international border crossing, what about their ability to complete the Environmental Impact Statement properly in the first place.

If DRIC's actions forced Michigan to keep on spending money so as not to have to pay back cash to the Federal Government if the DRIC project was completely killed before completion, how much more money will DRIC force Michigan to pay to correct their mistakes?

Let me tell you exactly what I'm talking about. Here is what the US Environmental Protection Agency wrote to the US Federal Highway Administration about the DRIC Draft Environmental Impact Statement. They gave an EC-2 rating, something DRIC probably did not want or need at this time when the hearings in Michigan are going to take place soon:

The SUMMARY OF EPA RATING DEFINITIONS states:

  • "EC" (Environmental Concerns)

    The EPA review has identified environmental impacts that should be avoided in order to fully protect the environment. Corrective measures may require changes to the preferred alternative or application of mitigation measures that can reduce the environmental impact. EPA would like to work with the lead agency to reduce these impacts.

The ADEQUACY OF THE IMPACT STATEMENT states:

  • "Category 2" (Insufficient Information)

    The draft EIS does not contain sufficient information for EPA to fully assess environmental impacts that should be avoided in order to fully protect the environment, or the EPA reviewer has identified new reasonably available alternatives that are within the spectrum of alternatives analyzed in the draft EIS, which could reduce the environmental impacts of the action. The identified additional information, data, analyses, or discussion should be included in the final EIS.

I expect that the EPA concerns and inadequacies will probably be corrected by DRIC in due course or the project is completely dead. But at what cost and during which time period. How much more will the DRIC people need to come back to the taxpayers to pay in Michigan? I am certain that Senator Cropsey will not be thrilled with the fact that MDOT had previously underestimated costs. For example, he identified that the second Blue Water Bridge span project was 60% over budget.

The EPA is obviously concerned since the DRIC project has the potential to adversely impact air quality in Detroit. The problem that they have with the report is that no preferred location has been chosen yet under the Draft Statement. There are a number of tests and analyses that have to be taken for particulate matter but have not yet been completed.

I wonder as well if EPA understood that, unlike the Enhancement Project which is a replacement of the existing bridge, the DRIC bridge to be financially successful must bring new traffic from other border crossing locations including from Sarnia/Port Huron to the Detroit area. In other words, it has to add a substantial amount of traffic so that there will be enough in tolls to pay for the cost of construction and operation.

While tests were undertaken, there needed to be

  • "a more focused discussion about how the project will actually affect traffic levels in specific locations."
  • The ozone standards are being revised.
  • "the Michigan Department of Environmental Quality will have to include air emissions related to the DRIC projects in the associated state implementation plans."
  • EPA "believes that more could be done to quantify local air impacts, especially where higher concentrations of diesel emissions are expected."
  • While the DEIS provided toxicity information, the emphasis was on cancer concerns not respiratory concerns. Accordingly EPA "recommends including health endpoints other than cancer be included in the description of toxicological endpoints."
  • The EPA pointed out that the DRIC project is close to Detroit Public Schools and an early childhood Center. Accordingly there is a need for greater prominence for studies in the Final Statement on population studies of people who are exposed to traffic air pollution.

    "These studies establish a presumptive public health problem with populations near major transportation infrastructure, and as such, the Environmental Impact Statement should include an analysis of a broader range of mitigation options."

There was a concern with respect to mitigation for air quality impacts

  • "Construction emissions may represent a substantial source of PM 2.5 tmissions... We recommend that FHWA and MDOT undertake an analysis of construction mitigation options and commit to them to the extent possible."
  • "General mitigation approaches for anti-idling during operations are only briefly touched upon."
  • "We recommend that FHWA and MDOT undertake an analysis of mitigation options for both construction and operations."

The point of all of this is that DRIC has not done its job properly. It will force delays in time and extra costs to be incurred. How much of each I have no idea, but Senator Cropsey needs to find that out at his hearings.

In fact, the Senator has a lot of matters that he needs to look into in his hearings. It will be fascinating to learn what he and his colleagues uncover.

And who is left standing at MDOT.

More Short Stories Of Interest


I thought you might be interested in these short stories:

1) Today's Trucking Online: Truck ferry enhancement plan stalled
  • "Parts of the ferry project are being done by the MTO, funded by the provincial and federal governments’ $300-million Windsor Border Initiatives Implementation Group that aims to improve the city’s border facilities. The provincial Ministry has offered to finance Windsor’s purchase of this small piece of road from Morterm but so far the city has not acted and a deal has not been struck. The MTO’s offer includes bringing the road up to city standards.

    Some observers fear that if this relatively simple challenge cannot be successfully met by local, provincial, and federal officials, it does not bode well for the proposed joint construction of a second bridge a mile south of the Ambassador by provincial, state, and U.S. and Canadian federal authorities. Mired in politics and controversy, that project is infinitely more complex than the ferry operation’s enhancement plans."

2) The throngs of people downtown for the Red Bull air races only seemed to underline the huge mistake of building the arena in an area other than downtown. Can you imagine the crowds walking in the area between the Western Super anchor and the Casino after a hockey game or a concert at the 5,000 seat Casino arena and the 6,500 seat City arena especially if they were held on the same day with a matinee and evening performance at each.

Clearly, Windsorites could not fill two arenas with our population so imagine the tourists who would be coming here and staying overnight to fill up our hotel rooms and eat in our restaurants.

I don't think the Mayor really took the Red Bull races all that seriously no matter what he said. Was it perhaps because Roger Penske was not involved.

  • "This is a world-class event," Mayor Eddie Francis said Monday during a news conference at the Coleman A. Young International Airport, formerly Detroit City Airport. "An event that is so large I don't believe people in Windsor or Detroit have yet grasped how significant it is."

    "What a unique opportunity this time around to bring a million people back and show them the time of their lives."

How else to explain that Detroit immediately sold out its tickets but Windsor only sold eventually about 70% of the tickets available on this side---35,000 out of 50,000. I wonder if Windsor's seeming lack of support is also responsible for the numbers drop by 250,000.

I wonder in fact how many tickets were actually sold over here because the Detroit media kept telling people that tickets were still available in Windsor rather than action by locals to do so.

In fact, I do not think that all of the business people in the downtown were properly prepared either:

  • "Some bars and restaurants did so well thanks to the energized Red Bull Air Race crowd in downtown Windsor over the weekend that they ran out of food and booze.

    "Some establishments were cleaned out," Downtown Windsor Business Improvement Association president Larry Horwitz said Sunday. "Food and alcohol just disappeared. The business exploded Saturday night."

These type of functions clearly have the same kind of hype around them as Super Bowl: 750,000 spectators, "Red Bull officials have estimated the race will have a $64 million economic impact on the area."

However, the truth about numbers I believe is for "show," to try to convince other cities to bid on the race. What is important for us is that people actually came downtown to enjoy. Now we have to figure out how to capitalize and build on this.

One negative that may explain why our tourist numbers are down and has to be dealt with by ensuring that all of the US Customs booths are fully staffed and operating efficiently comes through loud and clear in this comment I saw on the Internet:

  • "I made it all the way to Windsor via the Ambassador bridge Saturday, only to get searched by customs. Finally, I made my way to the Air Race only to find out it was canceled. Then it took 1.5 hrs to get back downtown via the tunnel. I was very disappointed!!!

3) Is Windsor a friendly place for the small business person? Or do we have a City trying to compete with private enterprise? I don't know but perhaps one could ask the family who do the plant watering what they think. Or ask Alexander Neil who wrote me the following:

  • Hi Ed!

    Great blog - just came across it to-day!

    I was interested in this "city’s service delivery review committee" for which we're paying $700,000. My question is how do we learn what services are being examined.

    I'm an officiant - licensed by The Ontario Registrar-General's Office for perform legal marriage ceremonies, my concern lies with the City getting back into the marrying business. Prior to 2004, couples could no longer get married at City Hall (there were no facilities nor registered personnel to perform ceremonies) - they'd all been discontinued years earlier due to provincial/municipal "cost-cutting" measures.

    As an officiant licensed in the name of The Humanist Association of Canada, when the Supreme Court ruling of June 2003 came down enabling same-gender marriages, well, we immediately saw the potential for our city, given Windsor's geographical location - as a "humanist" (i.e. non-religious association) we'd often be approached by same-gender couples, since we do have a totally accepting attitude.

    We'd approached the city for support in marketing the City as a tourist destination at the time of the ruling, putting together a great little package - yet received no response from the City. One year after our submission, (to the day! - does that mean something legally for them??), the City announced that they'd finally received permission from the province to start marketing "marriage ceremonies" through City Hall services, and specifically echoed the same facts we'd included in our proposal to them a year earlier, specifically regarding the same-gender demographic and Windsor's geography, etc. - yet essentially "setting up shop" in direct conflict with us long-standing officiants!

    Further hurtful was yet another advantage for them - since engaged couples need to obtain their marriage licences from City Hall, and it's at the same desk, where they obtain their marriage licences before they can get married that there's now signs at that desk promoting their services, deflecting clients from we Windsor business people. I see this almost like as if the City were to open up their own taxi business in direct competition with existing cab companies (who also buy licences and pay taxes!) - yet even worse in this marriage case, because the City has "first dibs" on potential couples right at their marriage licence office with their signs and info pamphlets, etc. as the couples are waiting for their marriage licences to be processed.

    I'll admit that I felt angered by the initial "ignoring" at our initiative to promote the area - but felt better later when I saw the City was actually going to work the tourist potential of this demographic, yet when two weeks later, and I read that the City was going to be performing the marriage ceremonies, deflecting clients from us (and collecting additional fees for them ) - I was pissed!

    The City remains doing so to-day - lasso-ing potential couples looking for non-religious or chapel-type ceremonies, taking potential clients away from long-standing Windsor-based (and Windsor promoting!) businesses. In all fairness, the City has listed us business people on their website, available to those couples who take the time to search us out, once they've left the marriage licensing bureau and have left the banners advertising the City's new "marrying business" across the window of the clerk processing their marriage licence.

    I'm writing to ask if you can point me in the right direction to find out if this area is going to be investigated in this latest review, since this Windsorite would like to provide some input.

4) I wonder when the Mayor's Report on his idea about Windsorites commuting out West will ever come out. How many months has it been so far? It looks like one Westerner got tired of waiting for our action-oriented Mayor:

  • "Stewart trying to lure Ontarians
    Angela Hall, Leader-Post, Saturday, May 31, 2008

    The province that prides itself on offering workers short commute times might one day see southern Ontarians travelling all the way to Saskatchewan to fill jobs.

    Enterprise and Innovation Minister Lyle Stewart departs Sunday for Windsor, Ont., a city whose mayor earlier this spring pitched the idea of sending workers to Saskatchewan during the work week, and returning them to their Ontario homes for their days off.

    Stewart said he considers it a "fine idea" worthy of more discussion as the demand for workers grows in Saskatchewan.

    "It may be a way to fill some of our jobs and to acquaint Ontario people with the Saskatchewan lifestyle," said Stewart, who plans to meet Windsor Mayor Eddie Francis and also talk to industry associations during the three-day trip. "I think it's a great way to open the door."

    Stewart acknowledged that the provincial government's ultimate goal is to have more people permanently residing in the province, but said having people come here just for the work would help, too.

    "We don't want (Windsor's mayor) to think of this as a raiding party or anything like that. But we think there are problems in the Ontario economy right now and there are certainly opportunities for people here. We'd love to get some people from southern Ontario at least working in the province," Stewart said.

    Francis was unavailable for comment Friday, but his office confirmed a meeting with Stewart is to take place Tuesday. During his state of the city address in March, Francis suggested workers from Windsor, hurt by layoffs in the manufacturing sector, could travel to prairie cities to work for five days and return home on weekends."

5) I thought this letter from a pesky environmentalist published in the Windsor Star was worthing repeating:

  • "Re: Sliced and Diced, May 29, Gord Henderson column.

    Mr. Henderson says "Nobody wants to see this in a courtroom."

    Actually, I believe lawyer David Estrin would like nothing more. It is Mr Estrin who has hired the consultants who have spent $5 million of taxpayers' money and achieved nothing.

    I'm sure he can deliver more of those results at 10 times the price.

    If you think $600 an hour adds up when you are scripting the "brilliant interrogations" of DRIC by Mayor Eddie Francis and Fulvio Valentinis, wait until you get the province of Ontario in court.

    Unlike council, they will be in an actual courtroom, under oath with expert testimony.

    But have no fear. Taxpayer funding of both sides of long legal battles is a situation with which Mr. Estrin has experience.

    I think Mr. Henderson was also wrong about DRIC representatives looking like "cornered rabbits" by the end of the evening.

    They looked to me like weary grownups do after a long night of dealing with rude, spoiled children.

    I recall Mr. Henderson rhapsodizing about the Schwartz report in 2005, as I recall Mayor Francis threatening to take legal action against the province if that plan was not adopted. Now, the DRIC Parkway is announced, a clear improvement on the plan the city was insisting on then. But according to city leaders, the most expensive roadway per kilometer ever proposed in Ontario is a "sellout" and "cheap solution."

    Mr. Henderson is doing an excellent job of assisting the mayor, Mr. Estrin and council chase 12,000 jobs and $1.6 billion from our region.

    Mr. Henderson says this is council's "finest hour."

    That's quite a legacy. I hope people consider its full implications carefully."

6) I just renewed my annual subsciption to Skype for "unlimited" North American local and long distance phone calls via the Internet: $23.60

Sunday, June 1, 2008

Comparing 2007 And 2008



The Mayor likes comparing what went on last year with what went on this year. Let me do some comparing too and then I will ask the key question.

No, No, No, this has nothing to do with DRIC maps and roadways and whether they did more or less or whether a connection for the County was added. It is much more important than that! It all has to do with the Mackinac Conference.

Here are the agenda items for the same event for 2007 and 2008. Can you spot the difference?

  • 2007

    3:00 p.m. General Session - Theatre
    "The Big Five" (aired live on WJR)

    Speakers:
    William Crouchman, Chairman, Macomb County Commission
    Robert Ficano, Executive, Wayne County
    Eddie Francis, Mayor, City of Windsor
    Kwame Kilpatrick, Mayor, City of Detroit
    L. Brooks Patterson, Executive, Oakland County

  • 2008

    11:30 a.m. General Session: The Big Four
    The Big Four engages the business community in a live radio broadcast discussing a regional approach to a stronger Michigan.

    The Big Four:

    William Crouchman, Chairman, Macomb County Commission
    Robert Ficano, Executive, Wayne County
    Kwame Kilpatrick, Mayor, City of Detroit
    L. Brooks Patterson, Executive, Oakland County

Oh no, the Big Five have been reduced to the Big Four. This is a disturbing situation that requires an immediate answer to the key question:

  • Why wasn't Mayor Eddie Francis attending and speaking at the most prestigious conference in the Detroit/Windsor area as he has done in the last several years?
Perhaps a comment like this one infuriated the other side. How absurd:
  • "Windsor Mayor Eddie Francis hopes Red Bull Air Race officials will decide to make Windsor a permanent stop on the circuit. Red Bull is expected to release it's 2009 schedule in August."
But then again, the Mayor did say as I wrote before:
  • "Our track record speaks for itself to host these events," said Francis at the time.

    "From the Super Bowl, to Wrestlemania, to the Grand Prix."

    Hrumph.

    And people thought that they were Detroit events! How shameful the American media can be when they spread vicious lies like those."
What a load of Red Bull! What an insult to Detroit.

Could it be that the Americans did not want to be bored by a Francis Greenlink presentation. Had they heard about the one at the Chamber of Commerce meeting and did not want all of the Mayors walking out too if Eddie said some nasty things. He might have attacked the politicians for allowing the Ambassador Gateway Project to move forward at this time to make him look foolish for not allowing the Bridge Co. to do some temporary closings of a road for repairs to the Bridge!

Did someone forget his name or did his invitation get lost in the mail? Was he considered as being too minor a player or insignificant or worse?

Was Windsor slighted for some faux pas? Heck, it is not our fault if we cannot find some sucker who will provide $75 million to complete the Tunnel deal financing since it is a declining asset that is not generating traffic volumes or revenues and profits as it did in the past.

Alternatively, did he have other plans? Was he heading overseas again as he did in the pre-budget meeting with Dwight Duncan to find some other startup company that might want Windsor onions? Did he have to attend another school read-a-thon as he did at General Brock elementary school when he could not attend a meeting where infrastructure dollars were being presented to the City by two of the most powerful Members of the Cabinet. Did he go to Quebec City for FCM instead?

Perhaps the answer is as simple as he has to try and flog the Red Bull Race tickets that remained unsold so that he can pretend that he is responsible for whatever success the weekend might bring to Windsor.

I hope that the intrepid News Director at CKLW might be able to find out the answer to make up to his website readers for missing the story on the Chamber Of Commerce luncheon! Just to help him out a bit, here is what I heard:




Eddie may as well keep the money here for whatever good it is doing him. Can you imagine. $75M and sponsoring Detroit events, still does not get a Windsor Mayor a seat at the table in Mackinac!