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CRTC
ACCOMPLISHMENTS
2005-2006
For additional copies of the report, please contact:
Documentation Centre
Canadian Radio-television and
Telecommunications Commission (CRTC)
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
Mailing Address:
CRTC
Ottawa, Ontario
Canada
K1A 0N2
Telephone: 1 (819) 997-2429
1 (877) 249-2782 (toll-free)
TDD: 1 (877) 909-2782 (toll-free)
This publication is available electronically:
http://www.crtc.gc.ca
This publication can be made available in alternative format upon
request.
Ce document est également disponible en français.
Chairperson’s Message
I am pleased to present this overview of the achievements of the
Canadian Radio-television and Telecommunications Commission (CRTC) for the
year 2005-2006.
Remarkable developments have been taking place rapidly in the technology
and economics of communications, and the Commission has been working hard
to ensure that its regulatory policies and processes keep pace with these
innovations. In the past year we have dealt with such developments as
subscription radio, digital migration, high definition television, VoIP,
wireless number portability and mobile television.
These developments have also led us to make changes in our
organizational structure. We have, for example, created an integrated
Industry Analysis, Economics and Technology section to serve as a resource
for both broadcasting and telecommunications. It will improve our ability
to follow progress in the field of communications, to better understand the
industries we regulate and to assess how well Canadians are served.
It has been our aim to respond effectively to the new technologies and
the issues that they raise as we carry out the mandate set out in our
governing legislation. Broadcasting and telecommunications are of
particular importance to a country as large and diverse as Canada. You will
find in this report an account of the Commission’s part in keeping these
industries healthy and growing.
Charles M. Dalfen
Broadcasting Accomplishments
The following highlights the Commission’s key accomplishments in
regulating and supervising the Canadian broadcasting industry in 2005-2006.
Major Proceedings
Canadian Drama:
In Broadcasting Public Notice CRTC 2005-81, the Commission examined the
2003/04 data provided by BBM Canada and Nielsen Media Research with respect
to viewing to Canadian drama, and called for comments on a proposed
industry viewing objective as well as on viewing targets for the ownership
groups participating in the incentive program for English-language Canadian
television drama. The Commission also reviewed the 2003/04 data with
respect to expenditures on English-language Canadian drama programming by
individual, private, conventional television services and by the largest
conventional ownership groups, and called for comments on proposed
expenditure targets.
In Viewing and expenditure incentives for English-language Canadian
television drama, Broadcasting Public Notice CRTC 2006-11, 27 January
2006 the Commission set out the targets for the viewing and expenditure
components of the Commission’s drama incentive program.
The Commission intends to review the incentive program on an annual
basis to determine if adjustments are required and expects to issue a
future public notice to discuss means to improve the programs. Given that
the final incentive program for the production of original Canadian drama
was issued during the 2004/05 fiscal year and given the lead times required
to plan and produce drama programming, the Commission is of the view that
it is too early to reach conclusions on the effectiveness of the current
package of incentives.
Global, Alliance Atlantis, Corus, CTV, TVA, TQS and CHUM submitted
reports on the TV drama incentives. The data gathering on and assessment of
TV drama incentives is ongoing.
Digital Migration
On 27 February 2006, the Commission issued its Digital Migration
Framework (Broadcasting Public Notice CRTC 2006-23).
The framework recognizes that the transition to a fully digital
distribution environment offers important opportunities for the Canadian
broadcasting system. Digital technology will permit a significant degree of
flexibility in the ways in which services are offered, allowing cable
operators to respond to consumers’ demands for increased choice and
control. The shift to digital will also enable cable operators to free up
capacity for the launch of new services, including high definition digital
signals, new Canadian services and new non-Canadian services. At the same
time, the very flexibility promised by digital technology poses risks for
the analog services, including a significant degree of uncertainty for
individual programming services, since adjustments to how they are packaged
and offered to subscribers will result in changes to their penetration
levels.
Accordingly, the Commission has designed a framework that will ensure an
orderly transition from the current technological and regulatory
environment to an environment characterized by a more market-driven
approach. The approach is designed to maximize the benefits and encourage
the rollout of digital technology, while ensuring that individual analog
services are not unduly affected during the transition period and that they
remain capable of making significant contributions to the broadcasting
system.
The migration framework requires BDUs to obtain programmer consent prior
to distributing their services on a digital basis. Continued support for
programming services is also provided through specific packaging rules that
will govern digital distribution over the transition period, including the
obligation to mirror the existing analog tiers and analog basic service on
a digital basis. At the same time, the framework provides important
flexibility to BDUs by permitting digital migration to occur, without the
need for programmer consent, once the penetration of digital set-top boxes
in subscriber households achieves a specified level. The framework also
permits BDUs to respond to consumer demands for increased choice and
control by enabling BDUs to offer programming services in many different
packaging combinations.
Distribution of High Definition Pay and Specialty Services
In Call for comments on a proposed framework for the licensing and
distribution of high definition pay and specialty services,
Broadcasting Public Notice CRTC 2004-58, 6 August 2004, the Commission
proposed a regulatory framework that covers both the licensing and the
distribution of high definition pay and specialty services and invited
comments on that framework.
In general, the proposed licensing and distribution policy is intended
to encourage the transition of the Canadian broadcasting system to high
definition technology. It does so by providing a mechanism for the
licensing of transitional high definition pay and specialty services that
will permit easy entry for the new technology.
The proposed policy also encourages broadcasting distribution
undertakings (BDUs) to carry high definition services by permitting
flexibility in the packaging of such services, and provides regulatory
certainty by setting out the details of the distribution policy for the new
high definition services, including the distribution and linkage rules, the
carriage of non-Canadian high definition signals, and provisions governing
technical quality and simultaneous substitution.
The Commission foresees the transition as taking place over three
stages. Cable BDUs are currently in the first stage of this transition,
characterized by their distribution of analog as well as digital services.
The second stage would be characterized by the absence of analog services.
Instead, BDUs would offer a mix consisting predominantly of low definition
digital services with some high definition services. In the third stage,
high definition digital services will predominate. These latter two stages
will occur at different times for different BDUs, and each stage will have
its own regulatory obligations.
The Commission will publish its final framework for the licensing and
distribution of high definition pay and specialty services shortly.
Other Distribution Issues
Relations between programmers and distributors
In April 2005, the Commission issued two public notices setting out
policies intended to contribute to good relations between programmers and
BDUs. In Auditing of distributor subscriber information by programming
services, Broadcasting Public Notice CRTC 2005-34, the Commission set
out its policy with regard to the terms and conditions under which pay and
specialty programmers may audit subscriber information held by BDUs for the
purpose of verifying the accuracy of affiliation payments made to such
programmers. In Good Commercial Practices, Broadcasting Public
Notice CRTC 2005-35, the Commission issued a policy with respect to
measures to ensure that negotiations between the programmers and BDUs
concerning the distribution of programming services are conducted in
accordance with good commercial practices. This public notice addressed
matters such as the provision of adequate notice to programmers when BDUs
intend to change the way in which programming services are packaged.
Increased availability of local and regional content by satellite
An on-going concern of broadcasters and Canadian television viewers
alike is the reception of local and regional programming from
direct-to-home (DTH) satellite distributors. Although it is not technically
possible, at this time, for DTH distributors to offer the full programming
schedule of all local and regional television stations from across Canada,
in the most recent DTH licensing decisions in 2004, the Commission
encouraged DTH distributors and broadcasters to investigate other means of
providing these types of programming to DTH subscribers. In
Authorization to distribute partial or omnibus channels containing unique
local and regional programming, Broadcasting Decision CRTC 2005-457, 8
September 2005, the Commission authorized Bell ExpressVu to distribute any
unique local and regional programming broadcast by television stations not
carried in their entirety by the DTH distributors, using partial or omnibus
channels, subject to certain safeguards such as a requirement for the
consent of the television station in question. This innovative form of
distribution has the potential to greatly increase the amount of local and
regional programming available to communities across the country.
Increased availability of CPAC in both official languages
On 22 March 2005, the Governor in Council issued Direction to the CRTC
(Reservation of Channels for the Distribution of CPAC), SOR/2005-60 (the
Direction), which instructed the Commission to require all cable BDUs that
serve more than 2,000 subscribers to distribute both an English-language
and a French-language version of the Cable Public Affairs Channel and the
parliamentary programming service.
The Commission implemented this Direction in Changes to the
distribution of the Cable Public Affairs Channel and the parliamentary
programming service in response to a Direction from the Governor in Council,
Broadcasting Public Notice CRTC 2006-5, 19 January 2006, thus increasing
access to these services for Canadians in both official languages.
Flexibility for mobile television broadcasting services
In Call for comments on a regulatory framework for mobile
broadcasting services, Broadcasting Public Notice CRTC 2005-82, 11
August 2005, the Commission called for comments on an appropriate
regulatory framework for mobile broadcasting services.
In Regulatory Framework for mobile television broadcasting services,
Broadcasting Public Notice CRTC 2006-47, 12 April 2006, the Commission
determined that mobile television broadcasting services using cellular
telephones and operated by Bell Mobility Inc., TELUS Mobility and Rogers
Wireless Inc. fell within the New Media Exemption Order because they were
delivered and accessed over the Internet.
The Commission also issued a notice calling for comments (Broadcasting
Public Notice CRTC 2006-48) on a proposed new exemption order that will
include mobile television broadcasting undertakings that provide mobile
television services that are not delivered and accessed over the Internet.
The Commission seeks to support the growth of mobile television services
as complements to traditional television services by providing them with
the regulatory flexibility that will help them develop their markets.
Subscription Radio
At the 1 November 2004 Gatineau Public Hearing, the Commission examined
three applications for licences to carry on multi-channel subscription
radio services, distributed by satellite and/or terrestrial transmitters
for direct reception by subscribers. Two of the applicants were in
partnership with existing US satellite-delivered subscription radio
services. The third applicant proposed a Canadian-based terrestrial
subscription radio service.
In addition to comments on the proposals put forward by the respective
applicants, the Commission also sought public comment on issues such as:
Canadian content levels, Canadian talent development contributions,
accountability, competitiveness, impact on other audio services and the
appropriate class of licence.
In Introduction to Broadcasting Decisions CRTC 2005-246 to 2005-248:
Licensing of new satellite and terrestrial subscription radio undertakings,
Broadcasting Public Notice CRTC 2005-61, 16 June 2005, the Commission
introduced its Broadcasting Decisions CRTC 2005-246 to 2005-248 in which
the Commission approved, subject to certain conditions of licence,
applications by Canadian Satellite Radio Inc. (CSR), SIRIUS Canada Inc.
(Sirius Canada), and CHUM Limited, on behalf of a corporation or a
partnership to be established (CHUM/Astral), for licences to operate new
radio undertakings that will each provide a package of radio channels to
subscribers for a monthly fee.
The programming of the CSR and Sirius Canada undertakings will be
delivered primarily by satellite, with terrestrial transmitters as required
to fill in gaps in coverage. Each of these undertakings will provide a mix
of Canadian-produced channels and non-Canadian produced channels.
The service of the CHUM undertaking (Astral has since withdrawn from the
partnership) would be delivered entirely by terrestrial transmitters and
all channels would be Canadian-produced.
In the above public notice, the Commission also provided a licensing
framework for satellite subscription radio undertakings.
New Pay Television Services
A public hearing was held on 24 October 2005 in Gatineau, where five
applications to carry on a national pay television undertaking were
considered: Spotlight Television Limited to operate a national
English-language general interest pay television programming undertaking to
be known as Spotlight; Romen Podzyhun and C.J. (Cal) Millar for a licence
to operate a national English-language pay television programming
undertaking to be called The Canadian Film Channel; Allarco Entertainment
Inc. to operate a national English-language pay television programming
undertaking to be known as Allarco Entertainment and finally two
applications presented by Archambault Group Inc. to operate national pay
television programming undertakings, one in English and one in French, both
to be known as BOOMTV.
This hearing considered whether exceptions should be made to the
Commission's existing digital licensing framework, including its policies
regarding the licensing of services, which may be directly competitive with
existing services.
The following issues were also considered:
- the benefits to the Canadian broadcasting system in licensing a new
general interest pay television service, particularly with respect to
contributions to Canadian programming;
- the capacity of the English- and French-language pay television
markets to absorb the entry of additional general interest pay television
services;
- the impact this would have on existing services, including the impact
on the program rights market; and
- the appropriateness of granting digital access rights to new pay
services, and the capacity implications for broadcasting distribution
undertakings.
After consideration of the different applications and issues, the
Commission will render its decision in the coming months.
A more open entry framework for Canadian Third-language services
In November 2005, the Commission issued Revised approach for the
consideration of broadcasting licence applications proposing new
third-language Category 2 pay and specialty services, Broadcasting
Public Notice CRTC 2005-104.
The revised approach is designed to expand the diversity and range of
Canadian television services available to third-language communities across
Canada, while not unduly negatively impacting the existing third-language
ethnic specialty services.
Under the new, more open-entry approach, the Commission will generally
approve Category 2 pay and specialty services that devote at least 90% of
their program schedules to programming in languages other than English or
French. To ensure that such services do not have an undue negative impact
on the existing analog ethnic specialty services, any general interest
third-language service that provides 40% or more of its programming in one
of the languages of the five analog ethnic services will have to be
purchased with that analog service (the "buy-through" requirement).
Telecom Accomplishments
Following are the highlights of the CRTC major accomplishments in
regulating and monitoring the Canadian telecommunication system in
2005-2006.
Major Proceedings
Voice Communications Services Using Internet Protocol
In Regulatory framework for voice communication services using
Internet Protocol, Telecom Decision CRTC 2005-28, 12 May 2005, the
Commission rendered its determinations in the proceeding initiated by
Regulatory framework for voice communication services using
Internet Protocol, Telecom Public Notice CRTC 2004-2, 7 April 2004. The
Commission set out the details of the appropriate regulatory regime
applicable to the provision of voice over internet protocol
(VoIP) services, which it defines as voice communication services using
Internet Protocol (IP) that use telephone numbers that conform to the North
American Numbering Plan, and that provide universal access to and/or from
the Public Switched Telephone Network (PSTN). To the extent that
VoIP services provide subscribers with access to and/or from the PSTN along
with the ability to make or receive calls that originate and terminate
within an exchange or local calling area as defined in the incumbent local
exchange carriers' (ILECs') tariffs.
Price Regulation Regimes
In Extension of the price regulation regime for Aliant Telecom Inc.,
Bell Canada, MTS Allstream Inc., Saskatchewan Telecommunications and TELUS
Communications Inc., Telecom Decision CRTC 2005-69, 16 December 2005,
the Commission extended the current price regulation regime without changes
for Aliant Telecom Inc., Bell Canada, MTS Allstream Inc., Saskatchewan
Telecommunications and TELUS Communications Inc. for a period of one year,
to 31 May 2007. The Commission will initiate a proceeding to review the
existing price regulation regime in the first half of 2006 following the
release of the decision in the proceeding initiated by Forbearance from
regulation of local exchange services, Telecom Public Notice CRTC
2005-2, 28 April 2005.
In Extension of the price regulation regime for Société en commandite
Télébec and TELUS Communications (Québec) Inc., Telecom Decision CRTC
2005-70, 16 December 2005, the Commission extended the current price
regulation regime without changes for Société en commandite Télébec and
TELUS Communications (Québec) Inc. for a period of one year, to 31 July
2007. The Commission will initiate a proceeding to review the existing
price regulation regime in the first half of 2006 following the release of
the decision in the proceeding initiated by Forbearance from regulation
of local exchange services, Telecom Public Notice CRTC 2005-2, 28 April
2005.
Forbearance from Regulation – Local Telephone Service
In Forbearance from regulation of local exchange services,
Telecom Public Notice CRTC 2005-2, 28 April 2005, the Commission
initiated a proceeding and invited comments on a framework for forbearance
from the regulation of residential and business local exchange services.
The Commission also invited comments on the appropriateness of a
transitional regime that could provide incumbent local exchange carriers
with more regulatory flexibility prior to forbearance through: 1) lessening
or removing competitive safeguards on promotions and the no-contact
restriction under the winback rules; 2) permitting the ex parte filing of
tariff applications for promotions; and 3) the waiving of service charges
for residential local winbacks. Further, the Commission invited comments on
Aliant Telecom Inc.'s Part VII application for forbearance from regulation
of residential wireline local services, filed on 7 April 2004.
The Commission conducted a proceeding, including a public hearing held
in Gatineau on 26 September 2005, to consider criteria for the
de-regulation of local telephone services. Where competition develops in a
market such that consumers have sufficient and sustainable choice of
service providers, the competitive market rather than regulation protects
consumer interests and the Commission, in compliance with the
Telecommunications Act, forbears from regulation. The Commission
concluded its proceeding on this matter in the fall of 2005 and issued its
decision, Forbearance from the regulation of retail local exchange
services, Telecom Decision CRTC 2006-15, 6 April 2006. Alternative
providers of local telephone service are offering innovative and
competitively priced local telephone service in several market areas. This
trend has recently accelerated with the introduction of Voice over Internet
Protocol (VoIP) technology that facilitates the provision of local
telephone services over high-speed Internet connections, such as the
networks of the cable television providers. The Commission will apply its
criteria for forbearance from the regulation of local telephone service in
proceedings that it expects to conduct in the coming year in response to
applications by the telephone companies.
Disposition of funds in the Deferral Accounts
In Disposition of funds in the deferral accounts, Telecom Public
Notice CRTC 2006-9, 16 February, 2006, the Commission determined the
guidelines for the disposition of funds remaining in the deferral accounts
for the following incumbent local exchange carriers (ILECs): Aliant Telecom
Inc., Bell Canada, MTS Allstream Inc., Saskatchewan Telecommunications,
TELUS Communications Inc., Société en commandite Télébec (Télébec), and
TELUS Communications (Québec) Inc. (collectively, the ILECs).
The Commission determined that initiatives 1) to expand broadband
services to rural and remote communities and 2) to improve accessibility to
telecommunications services for persons with disabilities are appropriate
uses of funds in the deferral accounts.
The Commission considers that accessibility to telecommunications
services for persons with disabilities is an important public policy
objective and that using funds from the deferral accounts will help provide
telecommunications services to these Canadians without discrimination.
The Commission directed the ILECs (except Télébec) to file their
proposals for these initiatives by 30 June 2006.
The Commission considered that to ensure that funds do not continue to
accumulate in the deferral accounts, the ILECs (except Télébec) will be
required to implement rate reductions. The Commission directed these ILECs
to file, by 15 May 2006, proposed rate changes to monthly primary exchange
services and optional services for residential subscribers in non-high-cost
serving areas.
The Commission anticipates that Télébec will have a recurring shortfall
in its deferral account and set out directions to address this shortfall.
Finally, the Commission determined the methodology to calculate the
balances in the deferral accounts and provides preliminary estimates of the
ILECs' deferral account balances. The Commission directed each ILEC to
file, by 15 May 2006, an updated deferral account schedule.
Implementation of Wireless Number Portability
In Implementation of wireless number portability, Telecom
Decision CRTC 2005-72, 20 December 2005 the Commission required wireless
carriers to port in and port out telephone numbers, and granted them direct
access to existing Canadian number portability systems, without having to
meet the competitive local exchange carrier obligations at this time.
The Commission determined that the porting scenarios outlined in
Implementation of wireless number portability, Telecom Public Notice
CRTC 2005-14, 16 September 2005, were appropriate for wireless porting
activities between Canadian carriers.
The Commission further determined that the appropriate service interval
for simple intermodal (wireless-to-wireline and wireline-to-wireless)
porting, including simple ports involving wireless resellers or mobile
virtual network operators, is to be the same as the local exchange
carrier-to-local exchange carrier (LEC-to-LEC) service interval for
stand-alone porting, which is currently two business days. The Commission
also determined that the appropriate service interval for
wireless-to-wireless simple porting is 2.5 business hours.
Streamlining
Tariff Applications
Under the Telecommunications Act, the CRTC is required to issue,
within 45 business days of receipt of a tariff application, a decision on
the application, or if it cannot do that, a letter indicating when it will
issue a decision.
During the past year the Commission, in response to stakeholder comments
received, issued Introduction of a streamlined process for retail tariff
filings, Telecom Circular CRTC 2005-6, 25 April 2005, and
Finalization of the streamlined process for retail tariff filing,
Telecom Circular CRTC 2005-9, 1 November 2005.
Under the streamlined processes the CRTC informs applicant(s) of the
status of applications within 10 business days of receipt of a complete
application and has reduced its average time to dispose of retail tariff
applications by 50 percent. Results posted on the CRTC Web site indicate
that the new service standards have been met and exceeded.
Furthermore, in New procedures for disposition of applications
dealing with the destandardization and/or withdrawal of tariffed services,
Telecom Circular CRTC 2005-7, 30 May 2005, the Commission set out its
new initiatives with a view to reducing the time period associated with the
processing of these types of applications. Further, the establishment of
these new procedures will provide greater regulatory certainty by
identifying clear, publicly-known steps, timelines and criteria that can be
consistently relied upon by both customers and carriers. Moreover, the
Commission's initiatives will enable the telephone companies to respond
more quickly to market requirements in an increasingly competitive
telecommunications marketplace.
In the Commission's view, any new process for destandardization and/or
withdrawal applications would have to take into account the fact that
customers may lose service, raising different public interest
considerations than regular tariff applications. Accordingly, different
criteria will have to be used to assess destandardization and/or withdrawal
applications as compared to regular tariff applications. Timelines would
also have to be adjusted in order to allow sufficient time for customer
comments. Taking into account the interests of all stakeholders -
incumbents, competitors and customers - the Commission has developed the
initiatives set out below.
Each application for the destandardization and/or withdrawal of a
tariffed service should be assessed on a case-by-case basis using one
common set of criteria, regardless of whether the service is a retail or a
competitor service. The Commission, in assessing an application for
destandardization and/or withdrawal, will examine whether the applicant has
met the following criteria:
- that there is a reasonable substitute for the service being
destandardized and/or withdrawn;
- that there is a clear transition plan including sufficient time to
allow customers to make plans to replace the service in question; and
- that affected customers are given adequate notice to enable them to
participate meaningfully in the Commission's process.
Broadcasting
Plans and Priorities
2005-2006 |
Accomplishments
2005-2006 |
Public Processes and Canadian Certification
|
Licensing workload forecast includes
holding some 12 public hearings, issuing some 80 public notices and
treatment of associated interventions.
Summary of expected workload
|
Appls. |
Interv. |
Public Hearings |
|
25,000 |
• Appearing |
80 |
|
• Non-Appearing |
250 |
|
Public Notices |
|
4,500 |
• Renewals |
140 |
|
• Others |
125 |
|
Administrative |
|
|
• Broadcasting |
200 |
|
Total: |
795 |
29,500 |
CANREC: 2,000 |
Summary of applications to be processed (Published/Not published) -
1 April 2005 to 31 March 2006
Applications on hand at 1 April 2005 |
530 |
Applications received 1 April 2005 to 31 March 2006 |
779 |
Total applications to be processed
1 April 2005 to 31 March 2006 |
1,309 |
Applications RWCS (returned/ withdrawn/cancelled/superseded)
1 April 2005 to 31 March 2006 |
106 |
Net applications to be processed
1 April 2005 to 31 March 2006 |
1,203 |
Summary of applications decided (Decision issued) - 1 April 2005 to
31 March 2006
New licences |
187 |
Amendments to licences (including
amendments dealt with administratively) |
318 |
Renewals |
103 |
Total applications decided
1 April 2005 to 31 March 2006 |
608 |
Summary of applications to be processed (Published/Not Published) -
As of 1 April 2006
Applications published |
278 |
Applications not published |
317 |
Total applications on hand
1 April 2005 to 31 March 2006 |
595 |
Summary of applications/interventions/ comments processed (Notice of
Public Hearing/Public Notice issued) - 1 April 2005 to 31 March 2006
|
Num-ber |
Appli-cations |
Interven-tions/ Com-ments |
Public Hearings |
10 |
|
15,203 |
• Appearing |
|
50 |
|
• Non-Appear. |
|
171 |
|
Public Notices |
77 |
|
18,233 |
• Renewals |
|
87 |
|
• Amendments |
|
132 |
|
|
Total |
440 |
33,436 |
CANREC filings processed 1 April 2005 to 31 March 2006
Total filings |
1,755 |
Total processed |
1,742 |
|
Cultural Prosperity: Increased availability of Canadian content and
programming that reflects Canadian creative talent and Canada’s
linguistic duality, cultural diversity and social values, as well as
its national, regional and community characteristics
Compliance, Research and Monitoring
|
TV Logs: 6,072 filings |
• TV Logs: 6,072 filings |
Annual Returns: 2,500 filings
CTD & CTF Audits: 750 |
• Annual Returns: 1,933 audited
• CTD and CTF Audits: 578 |
Radio and TV Monitoring with reports to
licensees |
• Ongoing |
Monitor & Review BCE/CTV, CBC, TVA, TQS,
Global/WIC and CHUM transaction commitments and annual reports |
• Ongoing
• Reports received 30 November 2005
(incl. SRC & Astral) |
Evaluation of Closed Captioning and
Described Video |
• On-going monitoring of complaints re
closed captioning and described video
• Meeting held with Canadian Association
of the Deaf in November 2005 |
Broadcasting Policy Monitoring Report |
• Report issued on 29 June 2005 |
Signal Theft |
• Ongoing monitoring |
Cable Capacity Reports |
• Ongoing activity, with reports due every
six months |
TV Drama Incentive Reports |
• Reports from Global, Alliance Atlantis,
Corus, CTV, TVA, and TQS received
30 November 2005
• Report from CHUM received 19 January
2006 |
Data-gathering on and assessment of TV
Drama incentives |
• Ongoing activity
• Preliminary data results have been
gathered and assessed |
Review corporate cultural diversity plans
and annual reports |
• TQS corporate plan reviewed – October
2005
• Annual reports of 16 private broadcasters
reviewed - Spring 2005
• CBC diversity plans (filed with annual
report) reviewed - Fall 2005 |
Policy Development, Implementation, Reviews and Proceedings
|
TV Drama Policy - implementation of TV
Drama Incentives - English and French markets |
• Ongoing
• Public Notice CRTC 2006-11 on
27 January 2006 re expenditure & viewing
incentives |
Assess CAB implementation plan re
reflection of people with disabilities; issue response |
• CAB plan filed 22 December 2005 |
Resolve complaints re programming
content/standards (e.g.: abusive comment) |
• Ongoing
• Examples of decisions issued in 2005:
- Télé-Québec (Les Francs-tireurs) -
July 2005
- CFAX (Talk Radio) – August 2005
• Decision issued in 2006:
- MSNBC (IMUS) - January 2006 |
Proceeding on obligations of BDUs re pass
through of described video |
• Public Notice CRTC 2006-6 on
19 January
2006 – Commission’s
determination |
Action plan and annual report - Designated
agency – section 41 Official Languages Act |
• Ongoing
• Annual Report provided to Canadian
Heritage on 10 May 2005
• Consultations with various organizations
representing official minority interests held
in February 2006 |
Proceeding on revised approach for
licensing ethnic Category 2 services |
• Public Notice CRTC 2005-104 on
23
November 2005 – Commission’s
determination |
Proceeding to consider applications for
new National general interest pay TV |
• Public Hearing – 24 October 2005
• Applications received from:
- Spotlight (triggered the call)
- Allarco Entertainment
- Archambault Group Inc. (Québecor) –
1 English + 1 French
- Canadian Film Channel |
Renewal of 5 analog specialty/pay services
expiring 2005 |
• Renewal decisions (Series+, Historia,
Canal D, Ztélé) issued – August 2005
• Renewal decision (Canal Évasion) issued
– January 2006 |
Renewal of 4 analog specialty/pay services
expiring 2006 |
• Applications received (FOOD, YTV,
VRAK, MuchMusic) – November 2005
• To be considered at Public Hearing –
1 May 2006 |
APTN Renewal |
• APTN: Decision CRTC 2005-445 on
31
August 2005 |
Implement Order-in-Council Direction to
CRTC (reservation of channels for the distribution of CPAC) |
• Public Notice CRTC 2006-5 on
19 January
2006 – Commission’s
determination |
Economic Prosperity: A sustainable competitive Canadian communications
industry
Acquisitions and Ownership Transactions
|
Applications for transfers of shares
and/or control and acquisitions of assets |
• 25 transfers of shares and/or control
• 16 acquisitions of assets |
Ensure consistency of the wording
contained in various regulatory provisions (e.g. definition of common
shares) |
• Public Notice CRTC 2006-20 on
20
February 2006 (Call for comments due
on 29 March 2006) |
Policy Development, Implementation, Reviews and Proceedings
|
Winback rules – subscribers/customers |
• Public Notice CRTC 2006-4 on
17 January
2006 – Commission’s
determination |
Dispute Resolution
|
Employment of various ADR & traditional
dispute resolution techniques (approximately 20% of the applications
are dealt with by expedited hearing process) to resolve disputes
involving such matters as terms of access to programming, allegations
of undue preference or disadvantage, and requests for orders pursuant
to section 9(1)(h) or paragraph12(2) of the Regulations |
• Pre-existing files: 7 files, of
which: - 6 closed
- 1 suspended
• New files:
Formal: 6 files, of which: - 3 closed
- 1 suspended
- 2 active
Informal: 10 files, of which: - 5 closed
- 4 suspended
- 1 active
Five of these disputes were resolved by mediation. |
Social Prosperity: Increased access to a variety of innovative,
high-quality communications services, at reasonable prices, that meet
consumers’ needs and reflect their values
Policy Development, Implementation, Reviews and
Proceedings
|
Amendments to Eligible Satellite Services
Lists |
• Ongoing activity that must be undertaken
every time that a new service is added to
the lists: 24 services approved (23
third-language
and 1 English)
1 defunct service removed (Scandinavian
Channel)
• Requests in-house for processing
(additions):
19 – third-language services
(comprising of 11 separate requests)
2 – English-language services (comprising
of 2 separate requests) |
Proceeding on distribution & linkage rules
for foreign 3rd language services already on eligible lists |
Application of new distribution and
linkage rules to non-Canadian third-language services authorized for
distribution prior to 16 December 2004, Broadcasting Public Notice CRTC
2005-116 on 2 December 2005. |
Amendments to Regulations re: Regulatory
framework for the distribution of digital television signals |
Draft amendments have been prepared.
However, these amendments will proceed at the same time as those
necessary to implement the Commission’s framework for the licensing and
distribution of high definition pay and specialty services, which (as
noted below), will be released in early fiscal year 2006-2007 |
Licensing Framework for transition of Pay
and Specialty to High Definition |
Public notice (Framework) to be released
in early fiscal year 2006-2007 |
Proceeding on Migration of Specialty & Pay
Services from Analog to Digital Distribution |
Digital Migration Framework (Public Notice
CRTC 2006-23 on 27 February 2006) |
Framework for carriage of HD by DTH |
Proceeding to be initiated in fiscal year
2006-2007 (Q4) |
Proceeding on Commercial Radio & Digital
Radio policy re: - Cancon
- CTD
- LMAs/LSAs
- Low Power Stations
- Licensing Procedures
- Diversity |
To be considered at 15 May 2006 public
hearing (Notice of Public Hearing CRTC 2006-1 issued on 13 January
2006) |
Subscription Radio Applications – policy
framework & licensing decisions |
• Licensing decisions (Public Notice CRTC
2005-61 and Decisions CRTC 2005-246
(CSR), 2005-247 (Sirius), and 2005-248
(CHUM/Astral)) issued 16 June 2005
• Appeals rejected by Cabinet in September
2005
• Satellite services launched December
2005 |
Advertising in Local avails – policy
framework and decisions |
Decisions (denials) and policy
determination released in September 2005 – Decision CRTC 2005-460
(Vidéotron); Public Notice CRTC 2005-88 (CCTA + Policy); Public Notice
CRTC 2005-89 (Improve Visibility of 9(1)h) services) |
Pelmorex – All Channel Alert |
• Call for competing applications issued
on
22 April 2005 (Public Notice CRTC
2005-38).
• Applications received from:
- Pelmorex (triggered Call)
- CBC
- Bell ExpressVu
• These applications will be considered at
1 May 2006 public hearing (Notice of
Public Hearing 2006-3 issued on 2 March
2006) |
Commission processes that are fair, transparent and effective
Streamlining
|
Develop and implement streamlining
measures to accelerate decision-making and dispute resolution, e.g. |
|
Expedited hearings for approximately 20%
of dispute resolution files |
Ongoing - (1 dispute resolution file
scheduled using expedited hearing process but was resolved prior to
hearing and therefore withdrawn) |
Reduced deficiency process |
Ongoing – Generally limited deficiencies
to what’s requested on the application form |
Review of existing exemption orders and
possible addition of new exemption orders |
• Ongoing
• Proposed amendment to exemption order
respecting closed circuit video
programming undertakings:
- Draft Exemption Order issued 19 May
2005 (Public Notice CRTC 2005-52
with two rounds of comments)
• Proposed Exemption Order - Certain
Network Operations:
- Draft Exemption Order issued
31 March 2006 (Public Notice CRTC
2006-40 with comments due 1 May
2006) |
Hold consultations to develop service
standards for decision-making and for dispute resolution |
• Competitive Disputes Team held meetings/
conference calls with:
- CCTA - 17 May 2005
- CAB - 1 June 2005
- Vidéotron - 7 June 2005
- Astral - 16 June 2005
- SaskTel - 7 July 2005
- Allstream - 15 July 2005
- Telus - 11 August 2005
to discuss Public Notice CRTC 2005-35
on 18 April 2005 (Good Commercial
Practices), Broadcasting Circular
2005-463 on 18 April 2005 (Expedited
Hearings), and internal CRTC standards.• ExpressVu and Star Choice also
expressed an interest and were to select an
appropriate date but were unable to do so;
hence, consultations are considered
closed. |
Other Priorities Not Identified on Work Plan for 2005-2006
|
Regulatory framework for mobile
broadcasting services |
• Public Notice CRTC 2006-47, 12 April
2006 (Framework)
• Public Notice CRTC 2006-48, 12 April
2006 (Call for comments on proposed
new exemption order - comments due
12 May 2006 with replies due 26 May
2006) |
Competitive access to inside wire in
commercial properties |
• Call for Comments issued on 15 August
2005 and 19 October 2005 (Public
Notices CRTC 2005-83 and 2005-83-1,
respectively)
• Commission’s determination to be
released in early fiscal year 2006-2007 |
CAB Review of codes re portrayal issues |
• Report provided 31 December 2005 –
• Filing of new Code in July 2006 |
CAB Progress Report re diversity
initiatives |
• Report due 31 March 2006 – Request for
extension granted until 28 April 2006. |
Telecommunications
Economic Prosperity: A sustainable competitive Canadian communications
industry
ILEC/Incumbent Wholesale and Access Issues |
High Speed Metro Rates |
Telecom Order CRTC 2006-65, 27 March 2006 |
CDNA Service Implementation |
Complete – issue 5 Part VII Decisions CRTC 2006-6, 31 January 2006 &
CRTC 2006-8, 15 February 2006 |
Ethernet Regime |
Approved interim service for all ILECs by 2006, except Sask Tel
(expected June 2006) |
ADSL regime |
Orders issued by March 2006 for all ILECs, except Aliant |
Implement Competitor QofS rate adjustment plan |
Decision CRTC 2005-20, 31 March 2005 |
CLEC access to ILEC OSS |
Decision CRTC 2005-14, 16 March 2005 |
Co-location final rates (Power) |
Decision expected by June 2006 |
Direct Connect final rates |
Decision CRTC 2006-23, 27 April 2006 |
Final Access Tandem rates |
Decision CRTC 2006-22, 27 April 2006 |
Implementation Interconnection Decision CRTC 2004-46 |
Decision by expected by May 2006 |
Compensation for Toll Free Calls from Payphones |
Withdrawn 12 December 2005 |
Line side wireless TCI & Sask Tel |
TCI withdrawn 14 July 2005, Sask Tel –Decision CRTC 2006-19, 13 April
2006 |
Follow-up tariffs for 2nd level testing by cable companies |
In
progress, likely to close by August 2006 |
Follow-up Decision CRTC 2004-28 Provision of HS internet and Lite
service (TPIA) |
Decision expected by October 2006 |
ILEC
Retail Issues
|
Nexxia CSAs |
50
completed, 3 outstanding |
Application to set aside suspension of ILEC promotion |
Decision CRTC 2005-25, 27 April 2005 |
Policy
|
VoIP services regulatory
framework proceeding |
Public Notice
CRTC 2004-2 - Decision CRTC 2005-28, 30 June 2005 |
Pricing Safeguards
Proceeding including Rogers vs Bell unbundling local from other
services |
Public Notice
CRTC 2003-10 - Decision CRTC 2005-27, 29 April 2005 |
Proceeding on
forbearance criteria for local service |
Public Notice CRTC
2005-2 – Decision CRTC 2006-15, 6 April 2006 |
Aliant
forbearance application for residential local service |
Public
Notice CRTC 2005- 2 - Decision CRTC 2006-15, 6 April 2006 |
Regulatory Symmetry
(winback) |
Letter closing
application – to be issued by 30 April 2006 |
Review of winback
promotions re: suspension of all ILEC promotions involving local
service |
Public Notice
CRTC 2003-1-1 - Decision CRTC 2005-25, 27 April 2005 |
Wireless Number
Portability Implementation |
Decision CRTC 2005-72,
20 December 2005 |
Mediation/ADR
|
Q of S Telus & Call Net
(weekly calls) |
On-going |
Q of S Bell & Call Net
(weekly calls) |
On-going |
Resolution
of disputes through mediation or other form of ADR |
15
mediations completed |
Access Issues
|
R&V Toronto Hydro – MDU
decision |
Decision CRTC 2005-33,
10 June 2005 |
MAAs – Allstream vs
Calgary |
Decision CRTC 2005-47,
25 August 2005 |
MAAs – Allstream vs
Toronto |
Decision CRTC 2005-46,
25 August 2005 |
MAAs – Allstream vs
Edmonton Light Rail Transits (LRTs) |
Decision CRTC 2005-36,
17 June 2005 |
Dramis vs NBTel inside
wire – Decision CRTC 2003-45 |
Resolved with mediation |
Shaw application seeking
access to municipal property in Vancouver |
Public Notice CRTC
2005-12, 1 September 2005 – On-going mediation |
MTS/Allstream seeking
access to municipal property in Vancouver |
Public Notice CRTC
2005-12, 1 September 2005 - On-going mediation |
Bell forbearance for
high speed intra-exchange digital service |
Public Notice CRTC
2005-8 – On-going |
Rogers 3rd
party internet access in business locations |
Letter closed file 16
August 2005 |
Forbearance Applications
|
Forbearance IXPL
bi-annual filings |
Decisions CRTC 2005-18,
29 March 2005 and CRTC 2006-18, 13 April 2006 – On-going |
Bell forbearance
Internet Dial Port Service |
Rolled into Public
Notice CRTC 2005-2, Letter 16 August 2005 – Decision CRTC 2006-15,
6 April 2006 |
TCI application for
audited reports of IXPL routes |
Decision CRTC 2005-42,
29 July 2005 |
Competitive Disputes
|
Telus application re:
tariff obligations arising out of recent transactions involving MTS and
Bell |
MTS portion withdrawn by
Telus, Bell portion on hold pending Rogers (Callnet) acquisition of 360
network facilities |
Small ILECs
|
Wireless Access Service
rates for Independents in Ontario and Quebec |
Decision by May 2006 |
Social Prosperity: Increased access to a variety of innovative,
high-quality communications services, at reasonable prices that meet
consumers’ needs and reflect their values
ILEC Retail Issues
|
Sask Tel R&V Commission
decision to suspend promotions |
Decision CRTC 2005-25, 7
April 2005 |
Follow-up to Decision
CRTC 2002-58 Bell non-compliance with bundling rules |
Closed by letter dated
12 August 2005 |
New CSAs (1 to 2 per
month) |
On-going |
Quality of service -
Implement Retail Rate Adjustment Plan |
Decision CRTC 2005-17,
24 March 2005 |
R&V MTS Band F |
Decision CRTC 2005-52, 9
September 2005 |
Deferral Account
Proceeding to dispose of amounts for Bell, Telus, MTS, Sask Tel,
Aliant, Telebec and Telus Quebec (Public Notice CRTC 2004-1) |
Decision CRTC 2006-9, 16
February 2006 |
Review ILEC SIPs on
annual basis to ensure program and spending are on track. Address
issues that arise from SIP programs |
2005 Review of Tracking
Reports completed
Decision CRTC 2005-29, 13 May 2005 TCQ
Decision CRTC 2005-43, 4 August 2005 Bell
Decision CRTC 2005-66, 9 November 2005 Télébec
Decision CRTC 2005-67, 10 November 2005 TCI |
Approximately 500 tariff applications and
interconnection agreements |
More than 540 tariff notices and
agreements received during 1 April 2005 and 31 March 2006 |
2005 annual price cap filings for all
ILECs |
Completed - Multiple
orders/decisions |
Price Cap Review
Analysis |
Decision CRTC 2005-69,
16 December 2005 |
Application by Bell to
R&V Order CRTC 2004-143 |
Decision CRTC 2005-60,
12 October 2005 |
Aliant R&V Decision CRTC
2003-50 |
Closed by letter dated
19 May 2005 |
Small ILECs
|
Annual review of small
ILEC SIPs to ensure program and spending are on track. Address issues
related to SIP |
2005 Review of tracking
reports completed, no Decisions |
NWTel 2004 & 2005
Supplementary Funding |
Public Notice CRTC
2004-6 - Decision CRTC 2005-54, 15 September 2005 |
CSAs Optical Fibre
(Telebec) |
Withdrawal of Tariff
Notices 302/A, 304/A, approved in CRTC Order 2005-134, 29 March 2005 |
Small ILEC Pricing
Regime Analysis |
Public Notice CRTC
2005-10 - Decision CRTC 2006-14, 29 March 2006 |
Telebec and Telus Quebec
Price Cap Review Analysis |
Decision CRTC 2005-70,
16 December 2005 |
Social Policy Issues
|
Consumer Bill of Rights
Proceeding (CBOR) |
Public Notice CRTC
2003-6 – Decision expected by July 2006 |
R&V Decision 94-19
re-regulation of terminal equipment with respect to access by the blind |
Currently the subject of
Mediation/ADR |
Accessibility of telecom services for people who are blind |
Currently
the subject of Mediation/ADR |
Bad Debt Repayment Plan |
Decision CRTC 2005-38,
29 June 2005 |
Alberta health and
wellness 811 Application |
Decision CRTC 2005-39, 6
July 2005 |
Municipality access to
ILEC - E9-1-1 for emergency community notification |
Decision expected by
November 2006 |
ITS 511 Weather and
travel information services application |
Public Notice 2005-5, 9
June 2005 – Decision expected by July 2006 |
Telemarketing R&V
applications CMA, Beautyrock, etc. |
To be addressed in
Telemarketing Proceeding, Public Notice CRTC 2006-4, 20 February 2006 |
Telemarketing –
Proceeding on National Do Not Call Rules |
Public Notice CRTC
2006-4, 20 February 2006 |
SaskTel application
exogenous factor TTY pay telephones |
Decision CRTC 2005-50, 2
September 2005 |
Commission processes that are fair,
transparent and effective
Compliance, Monitoring and Regulation
|
Collect and determine
total telecom revenues for purposes of Telecom Fees |
Completed, 15 June 2005 |
Application for revised
procedures for the operation of National Contribution Fund |
Decision CRTC 2005-59, 7
October 2005 |
Examine and approve
International Class A and B licences |
Completed 17 Class A, 30
Class B - (1 April 2005 - 31 March 2006) |
Collect and review
annual ownership filings in compliance with section 16.4 of the Act
|
Completed – (1 April
2005 - 31 March 2006) |
Review and approve CLEC
applications |
Completed – (1 April
2005 - 31 March 2006) |
Determine 2005 final and
2006 interim contribution rate |
Decision CRTC 2005-68,
10 November 2005 |
Oversee numbering issues
including NPA relief activities |
Decision CRTC 2005-37,
21 June 2005 |
Complete inspection
reports and follow-up with respect to inspections |
Completed – letters
issued 29 July 2005 |
Analysis of data and
write annual GIC report on Competition and Broadband deployment |
Completed, 31 October
2005 |
Develop and report on
consumer survey related to competition |
Completed, 31 October
2005 |
Quarterly analysis and
reporting of Telecom Industry financial results |
On-going |
Respond to queries and
assist in presentations re: Telecom industry |
On-going |
Define terminal
equipment for contribution purposes |
Decision CRTC 2005-32, 2
June 2005 |
Regulatory Streamlining
|
Bell
application requesting Commission to create a procedure to
de-standardize and withdraw tariffed service |
Circular
CRTC 2005-7, 30 May 2005 |
CRTC
Adjustments to regulatory filing requirements for reports |
Completed,
letter issued 25 April 2005 |
Work
collaboratively with Statistics Canada to reduce regulatory burden
associated with information, data and reporting, i.e. Stats Canada is
reducing annual suvey by 1/3 because they rely on CRTC data collection) |
On-going |
Streamline
tariff and application processes with Industry |
Circular
2005-9, 1 November 2005 |
CISC
|
CISC: VoIP 911 and E911,
MRS, Privacy, CALEA, IP interconnection, etc. |
Over 30 meetings and 70
conference calls re overseeing 7 active working groups, implementing
access to ILECs’ OSSs, developing recommendations related to VoIP 911,
VoIP MRS, IP to IP interconnection and updating key industry documents
to reflect Commission determinations |
Steering Committee Chair |
Conducted 9 Steering
Committee Meetings |
Glossary of Terms
Broadcasting
|
ADR / RAD |
Alternative Dispute
Resolution / Résolution alternative des différends |
APTN/RTPA |
Aboriginal Peoples
Television Network / Réseau de télévision des peuples Autochtones |
BDU / EDR |
Broadcasting
Distribution Undertaking / Entreprise de distribution de radiodiffusion |
CAB / ACR |
Canadian Association of
Broadcasters / Association canadienne des radiodiffuseurs |
CANREC |
Canadian Program
Certification/Certification des émissions canadiennes |
CPAC |
Cable Public Affairs
Channel Inc. / Chaîne d'affaires publiques par câble inc. |
CTD / DTC |
Canadian
Talent Development / Développement des talents canadiens |
CTF / FCT |
Canadian Television Fund
/ Fonds canadien de télévision |
DTH / SRD |
Direct-to-Home /
Satellite de radiodiffusion directe |
HD |
High Definition / Haute
définition |
LMAs / CGL |
Local Management
Agreement / Convention de gestion locale |
LSAs / CVL |
Local Sales Agreement /
Convention sur les ventes locales |
Telecommunications
|
ADR / RAD |
Alternative Dispute
Resolution / Résolution alternative des différends |
ADSL / LANPA |
Asymmetric Digital
Subscriber Line / Ligne d’abonné numérique à paire asymétrique |
CALEA / OAL |
Communications
Assistance to Law Enforcement Act / Organisme d’application de la Loi |
CDNA / ARNC |
Competitor Digital
Network Access / Service d’accès au réseau numérique propre aux
concurrents |
CISC / CDCI |
CRTC Interconnection
Steering Committee / Comité directeur du CRTC sur l’interconnexion |
CLEC / ESLC |
Competitive Local
Exchange Carrier / Entreprise de services locaux concurrente |
CSA / AP |
Customer Specific
Arrangement / Arrangement personnalisé |
GIC / GEC |
Governor in Council /
Gouverneure en conseil |
HS / HV |
High Speed / Haute
vitesse |
ILEC / ESLT |
Incumbent Local Exchange
Carrier / Entreprise de services locaux titulaires |
ILEC-OSS / ESLT-SSE |
Incumbent Local Exchange
Carrier – Operational Support System / Entreprises de services locaux
titulaires – systèmes de soutien à l’exploitation |
IP |
Internet Protocol /
Protocole Internet |
IXPL / LSI |
Interexchange Private
Line / Liaison spécialisée intercirconscription |
MAAs / EAPM |
Municipal Access
Arrangements / Entente régissant l’accès aux propriétés municipales |
MRS / SRT |
Message Relay Services /
Services de relais téléphonique |
NPA / RIR |
Numbering Plan Area /
Redressement de l’indicatif régional |
QofS / QduS |
Quality of Service /
Qualité du service |
R&V / R&M |
Review and Vary /
Révision et modification |
SIP / PAS |
Service Improvement Plan
/ Plan d’amélioration du service |
TPIA / AIT |
Third Party Internet
Access / Accès Internet de tiers |
TTY |
Teletypewriter /
Téléscripteur |
VoIP |
Voice over Internet
Protocol / Voix sur Protocole Internet ou téléphonie Internet |
|