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Canadian
Radio-television and
Telecommunications
Commission
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1997-98
Estimates
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Part III
Expenditure Plan
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Approved
Deputy Prime Minister and
Minister of Canadian Heritage
Preface
This document is a report to Parliament to indicate how the resources voted
by Parliament have or will be spent. As such, it is an accountability document
that contains several levels of details to respond to the various needs of
its audience.
The Part III for 1997-98 is based on a revised format intended to make a
clear separation between planning and performance information, and to focus
on the higher level, longer term plans and performance of departments.
This document is divided into four sections:
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The Chairperson's Message,
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Commission Plan,
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Performance Report, and
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Supplementary Information
It should be noted that, in accordance with Operating Budget principles,
human resource consumption reported in this document will be measured in
terms of employee full-time equivalents (FTEs).
Table of Contents
Message from the Chairperson
I Commission Plan
A. Highlights
B. Overview
1. Roles, Responsibilities and Mission
2. Corporate Objectives and Priorities
3. Organization and Program Composition
4. Resource Plans and Financial Tables
C. Details by Business Line
1. Broadcasting
2. Telecommunications
3. Executive Management
4. Corporate Services
5. Comparative Financial Plans by Business Line
II Performance Report
A. Highlights
B. Overview
1. Performance Against Key Strategies
2. Technology and Service Standards
3. Update on Program Review
C. Details by Business Line
1. Broadcasting
2. Telecommunications
3. Comparative Financial Performance by Business Line
III Supplementary Information
A MESSAGE FROM THE CHAIRPERSON
The convergence of communications technologies is rapidly changing
the way Canadians interact with each other and quickly increasing the choice
of programming and delivery options available to them. As regulator of the
telecommunications and broadcasting systems in this country, we are in the
enviable position of helping to shape the communications environment for
the future.
The CRTC has already started to respond to the complex new realities. In
its report to the government on convergence (May 1995), the Commission set
out the terms under which it would expect to manage the transition to a fully
competitive market. The Commission is working towards putting together as
early as 1998, all the pieces of its framework for fair and coherent,
full-fledged sustainable competition among communications services. In order
to do this, we will establish, by early 1998, new broadcasting distribution
regulations to provide a framework for competition among different distributors
of programming services, and implement a new regulatory framework for
telecommunications. This will allow for convergence to take place as quickly
as industries are ready to move ahead.
We are also changing the way we do business. The CRTC has taken a number
of steps to improve the speed and quality of our services to the industries
and the public, reduce the burden of regulation, and use our resources more
effectively. In particular cases related to convergence, we are introducing
new integrated approaches to the public hearing process, bridging the traditional
gap between our broadcasting and telecommunications procedures. We have forborne
from regulating many telecommunications services. We have eliminated or reduced
the amount of information and the frequency of some of the reporting
requirements. We have posted much of our public information on the Internet,
introduced electronic exchange of documents, and are eliminating functions
that are not part of the core mandate, such as pre-clearing alcoholic beverage
advertising. Finally, before converting our forms to electronic format, we
are reviewing each one to eliminate redundancy and waste.
In order to continue to meet the objectives of the Broadcasting Act
and the Telecommunications Act, it is timely for the Commission to
take a thoughtful look at its own vision, objectives and processes. During
the next six months, we will be developing a new common vision, and adapting
processes, where necessary, to take the CRTC into the information age of
the new millennium. Through consultations and a collaborative approach with
industry players and consumers, we will ensure that we respond to public
needs and expectations; promote the delivery of quality services to Canadians;
maintain a Canadian presence in our broadcasting system; and continue to
respond to dramatic changes in a competitive environment with appropriate
and timely regulatory changes.
All these changes will position the CRTC to successfully face the challenge
of the information age so that we can balance legitimate demands for increased
choice with our national cultural and industrial objectives.
Françoise Bertrand
Chairperson
Canadian Radio-television and
Telecommunications Commission
A. Highlights
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The CRTC's priorities in the next three years will be governed by the need
to ensure fair and sustainable competition within an orderly market and to
ensure a Canadian presence, in a multi-media environment shaped by the
convergence of technology used by the cable and telephone industries for
the delivery of information and other services, and by the emergence of
additional technologies to deliver broadcasting services to the home.
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The CRTC will undertake, as part of a vision exercise, an internal examination
of the systems and procedures intended to put into place the mechanisms with
which we can best achieve policy objectives and fulfill our mandate.
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In its report, Competition and Culture on Canada's Information Highway:
Managing the Realities of Transition (May 1995), the CRTC recommended
steps to accelerate fair and sustainable competition in the delivery of
electronic information and programming services to Canadians, so that consumers
have increased choice among distributors of telecommunications and broadcasting
services, and have access to increased choice, diversity and innovation for
new programming services. The Commission has indicated it is now prepared
to accept all applications for competing distribution systems, whether they
are cable, satellite or wireless. Telephone companies will not be permitted
to own or control any broadcasting distribution undertaking until the barriers
to local telephone competition have been eliminated. By early 1998, the CRTC
will establish new broadcasting regulations that will promote, among other
things, competition among different distributors of programming services,
and will implement a new regulatory framework for telecommunications.
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The Commission has recently received Treasury Board authority to vote net
part of the broadcasting licence fees and expects to be recognized as a
self-funded agency, fully financed from industry fees on April 1, 1997.
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The Commission continues to encourage electronic exchange of documents (initiated
on January 1, 1996), in its Telecom operations as a means of reducing the
paper burden and providing speedier service to clients. The Commission commenced
distributing its Telecom Orders, Public Notices and Decisions electronically,
via Internet in July 1996, and substantially reduced the costly mailing of
hard copies, while providing the general public with instant access to these
documents. Similar measures will be implemented for broadcasting companies
in the year to come; radio application forms will soon be available in an
electronic format.
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The CRTC has begun an extensive exercise to develop service standards for
its main lines of business. Standards are at various stages of development
and implementation. The Commission expects to publish and begin monitoring
its performance in meeting the standards during the 1997/98 fiscal year.
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The Commission is eliminating responsibilities that are not part of its core
mandate, such as the pre-clearance of alcoholic beverage advertising, while
putting more emphasis on licensees' self-regulation.
B. Overview
1. Roles, Responsibilities and Mission
The Canadian Radio-television and Telecommunications Commission (CRTC) is
an independent public authority constituted under the Canadian
Radio-television and Telecommunications Commission Act (R.S.C. 1985,
c. C-22) as amended by the Broadcasting Act (S.C. 1991 C.11). The
Commission is an independent agency that operates at "arms' length" from
government and reports directly to Parliament through the Minister of Canadian
Heritage.
Our Mission
"For Communication in the Public Interest": We aim to help Canadians better
understand how their values and diversities shape Canada's unique personality
in the world. We do so by regulating our broadcasting and telecommunications
industries in open, flexible ways to foster creative freedom and strengthen
the prosperity of all our citizens.
Mandate
The CRTC is vested with the authority to license, regulate and supervise
all broadcasting undertakings within Canada and to regulate telecommunications
common carriers that fall under federal jurisdiction. The CRTC derives its
regulatory authority for broadcasting from the Broadcasting Act (S.C.1991,
c.11). Its telecommunications regulatory powers are derived from the
Telecommunications Act (S.C. 1993, c. 38) and various "special acts"
of Parliament created for specific telecommunications companies. Such special
acts explicitly subject specified activities or functions of those companies
to the authority of the CRTC. Some of these special acts include the Bell
Canada Act, the Telesat Canada Reorganization and Divestiture Act,
and the Teleglobe Canada Reorganization and Divestiture Act.
2. Corporate Objectives and
Priorities
Program Objective
The objective of the CRTC is to regulate and supervise all aspects of
the Canadian broadcasting system with a view to implementing the broadcasting
policy set out in the Broadcasting Act; and to regulate telecommunications
in Canada with a view to implementing the policy set out in the
Telecommunications Act.
Priorities
The CRTC will in 1997-98:
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undertake a vision exercise to guide the CRTC into the information age of
the 21st century.
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continue to adapt the broadcasting and telecommunications regulatory process
to an increasingly competitive market environment.
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continue to ensure a Canadian presence in this multi-media environment.
3. Organization and Program
Composition
Four activities contribute to achievement of the CRTC Program Objective:
Broadcasting, Telecommunications, Executive Management and Corporate Services.
The organizational structure of the CRTC can be found in Section III.
Broadcasting
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Provides specific expertise in the evaluation and
development of policy and regulations, by evaluating, analyzing and processing
all applications received by the Commission and by monitoring the Canadian
broadcasting system and ensuring compliance with statutes, conditions of
licence and regulations.
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Telecommunications
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Provides specific expertise in the evaluation and
development of policy and regulations, by evaluating, analyzing and processing
all applications received by the Commission and advising the Commission on
all matters related to telecommunications carrier regulations.
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Executive Management
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Provides operational guidance to the decision-making
process. Includes Commission Members, executive offices, legal, information
and administrative services to support the Commission, and the operations
of four regional offices.
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Corporate Services
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Provides advisory and support services in the areas
of finance, human resources, audit and evaluation, information management
and information technology, planning, library services and general
administration.
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4. Resource Plans and Financial
Tables
i) Authorities for 1997-98 - Part II of the Estimates
Financial Requirements by Authority
Vote
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(thousands of dollars)
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1997-98
Main Estimates
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1996-97
Main Estimates
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Canadian Radio-television and
Telecommunications Commission
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75
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Program expenditures
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-
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(S)
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Contributions to employee
benefit plans
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3,769
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3,271
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Total Agency
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3,769
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3,271
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Votes - Wording and Amounts
Vote
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(dollars)
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1997-98
Main Estimates
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Canadian Radio-television and
Telecommunications Commission
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75
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Canadian Radio-television and
Telecommunications Commission
- Program expenditures and, pursuant to
paragraph 29.1(2)(a) of the Financial
Administration Act, authority to expend
revenues received during the fiscal year arising from :
a) the provision of regulatory services to
telecommunications companies under the
Telecommunications Fees Regulations, 1995; and
b) broadcasting fees and other related activities, up to
amounts approved by the Treasury Board.
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1
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ii) Net Cost of the Program by Business Line/Activity
(thousands of dollars)
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1997-98 Main Estimates
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Business Lines/Activities
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Operating1
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Less:
Revenue Credited to the Vote
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Total
Main
Estimates
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Broadcasting
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10,036
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8,867
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1,169
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Telecommunications
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8,903
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7,819
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1,084
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Executive Management
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7,963
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6,9792
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984
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Corporate Services
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5,934
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5,4022
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532
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32,836
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29,067
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3,769
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Other Revenues & Expenditures
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Revenue credited to the Consolidated Fund
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(66,049)
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Estimated Cost of services by other Departments
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18,6233
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Net Cost of the Program
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(43,657)
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Notes:
1 Contributions to employee benefit plans are allocated in the
operating expenditures.
2 Revenue generated from broadcasting licence and telecommunications
fees is apportioned to these business lines/activities.
3 Of this total, $14 million is related to the regulation of the
broadcasting spectrum by Industry Canada.
iii) Commission Overview
(thousands of dollars)
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Main
Estimates
1996-97
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Main
Estimates
1997-98
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Planned
1998-99
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Planned
1999-00
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Gross Estimates
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33,164
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32,836
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32,375
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32,455
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Revenue Credited to the Vote
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(29,893)
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(29,067)
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(28,673)
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(28,742)
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Total Main Estimates
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3,271
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3,769
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3,702
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3,713
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Revenue credited to the
Consolidated Revenue Fund
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(64,507)
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(66,049)
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(70,227)
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(73,258)
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Estimated Cost of Services by
other Departments
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18,263
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18,623
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17,983
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17,987
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Net Cost of the Commission
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(42,973)
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(43,657)
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(48,542)
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(51,558)
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C. Details by Business
Line
1. Broadcasting
Objective
To regulate and supervise all aspects of the Canadian broadcasting system
with a view to implementing the Broadcasting Policy for Canada set
out in section 3 of the Broadcasting Act proclaimed on June 4, 1991.
In summary, the policy declares that the system shall be effectively owned
and controlled by Canadians, comprise public, private and community elements
that should offer varied and comprehensive programming of high standard and
provide a balance of information, enlightenment and entertainment for men,
women and children of all ages, interests and tastes. The policy further
states that the system will serve to safeguard, enrich and strengthen the
cultural, political, social and economic fabric of Canada by encouraging
the development of Canadian expression.
The regulatory policy for the CRTC (section 5(2) of the Broadcasting
Act), stipulates that the Canadian broadcasting system should be regulated
and supervised in a flexible manner that recognizes the different characteristics
of English- and French-language broadcasting, takes into account regional
needs and concerns and facilitates the provision of Canadian programs to
Canadians. Furthermore, it must be readily adaptable to scientific and
technological change and must not inhibit the development of information
technologies and their application of service delivery to Canadians. Finally,
it must be sensitive to the administrative burden that may be imposed on
licensees.
Operating Context and Key Objectives/Change Management Issues
As the Commission takes steps to establish its broad regulatory approach
to the introduction of competition in broadcasting distribution, it will
face a multiplicity of detailed applications, as well as interpretive and
dispute-resolution decisions. The thousands of affected interested parties
will be adapting from a broadcasting distribution environment of controlled
entry, to one of competition.
Existing cable licensees, in particular, are facing the reality of competition
as new Canadian Direct to Home (DTH) satellite distribution undertakings,
Multipoint Distribution Systems (MDS) and wireline competitors (e.g. a
competitive cable licence was granted in early 1996 in Vancouver) are licensed.
Further competition from local multipoint communications systems (LMCS) appears
imminent. The debate over terms of entry, how to best ensure sustainable
competition and how to address consumer protection issues (all in the context
of preserving a Canadian presence in the coming multichannel and multisourced
universe) is, and will continue to be, intense in the coming year.
Broadcasting Results Expectations
The year 1997-98 will provide the CRTC with a familiar challenge on how to
ensure that attractive and viable Canadian services are available within
a Canadian broadcasting system that implements the objectives set out in
the Broadcasting Act while, at the same time, providing Canadian citizens
with access to an increasing volume of foreign information and entertainment.
The performance targets set out below must be considered in the context of
the Commission's need to balance legitimate demands for increased choice
with the national cultural and industrial objectives. Most of the targets
require the cooperation of the CRTC and the regulated industries. In 1997-98
the CRTC will:
a) Encourage the exhibition of distinctly Canadian programming by:
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promoting an increase in the number of hours of Canadian drama, children's
and other entertainment programs shown on television in peak viewing hours;
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promoting an increase of the overall amount of distinctively Canadian programs
broadcast;
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continuing to foster the development of French-language content in a
multi-channel universe;
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ensuring that Canadian television licensees broadcast a minimum of 60% Canadian
programs during the broadcast year and a minimum of 50% during the evening
broadcast period;
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ensuring that the broadcasting system is strong enough to allow French-language
television broadcasters to continue to meet their minimum Canadian content
requirements stipulated above; and
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ensuring that Canadian radio licensees broadcast a minimum of 30% Canadian
popular music selections.
b) Provide Canadians with a wide range of programming choices by:
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encouraging fair competition of broadcasting services in order to provide
Canadians with increased choice at a reasonable cost;
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monitoring the implementation of English- and French-language Specialty and
Pay Television services approved in CRTC Decisions 96-595 to 617. The
implementation of these services will enhance the development of Canadian
expression by providing a wide range of programming that reflects attitudes,
opinions, ideas, values and artistic creativity from a Canadian point of
view; and
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reviewing the regulations for distribution undertakings to ensure that an
orderly transition takes place from a monopoly to a fully competitive environment
whereby all distributors will be treated equitably and fairly. The new
regulations will be in effect by early 1998.
c) Support the production of attractive Canadian programming by:
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encouraging television broadcasters to meet or exceed their requirements
for Canadian programming and, in particular, scheduling Canadian entertainment
programming during peak viewing hours;
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encouraging the marketing of Canadian programs, both domestically and
internationally;
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encouraging English-language television network licensees and large broadcasters
to increase their annual spending on Canadian programs and the exhibition
of Canadian entertainment programming;
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ensuring that all distributors contribute to the creation and presentation
of Canadian programming.
d) Foster the development of Canadian talent by:
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ensuring that Canadian radio licensees continue to contribute a minimum of
$1.8 million per year for the development of Canadian talent; and
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supporting programming undertaking licensees to contribute to Canadian talent
and production as public benefits related to approved changes in ownership.
e) Assist Canadians in gaining access to the full benefits and enjoyment
of the broadcasting system by:
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continuing to monitor policies such as the CRTC Access Rules to ensure that
broadcasting distribution undertakings distribute the services of all licensed
Canadian programming undertakings;
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monitoring the provision of local news and other local reflection by television
broadcasters and by distributors through community channels;
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monitoring of the policy regarding violence on television announced in March
1996 as well as a revised timetable of commitments for the implementation
of a program classification system and V-chip technology, in concert with
the Action Group on Violence on Television (AGVOT), with a deadline in the
Fall of 1997;
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ensuring that all conventional television licensees with revenues of $10M
or more close caption 90% of their schedules by the end of their current
licence term, and that French-language broadcasters increase the amount of
closed-captioned programming each year; and
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encouraging licensees to implement policies and initiatives dealing with
equitable employment of women, aboriginal people, persons with disabilities
and members of visible minorities, particularly in on-air staff positions
and in voice-overs of station-produced commercial messages.
f) Foster the development of a financially healthy industry capable of
supporting the objectives of the Broadcasting Act by:
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creating the appropriate regulatory climate for the industries to make a
reasonable return on their investment in the mid and long-terms;
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encourage radio stations to take advantage of digital technology; and
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assist the industry in adapting to the convergence of multimedia.
g) In terms of day-to-day operational activities:
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process over 1,800 broadcasting applications pertaining to television, radio,
cable, pay and specialty services. These include requests for new licences,
licence amendments and renewals, applications for authority to transfer effective
control of licensed undertakings, and approximately 200 cable rate filings.
The CRTC will also respond to approximately 50,000 telephone calls and 6,200
letters of inquiry or complaint and hold 18 public hearings. The CRTC is
now responding to electronic mail as well;
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will implement electronic exchange of documents in its operations in the
year to come, as a means of reducing the paper burden and providing speedier
service to clients. Electronic forms for radio applications will soon be
available.
2. Telecommunications
Objective
The Telecommunications' objective, which stems directly from the
Telecommunications Act, is to regulate Canada's telecommunications
systems, balancing the interests of consumers and the Canadian telecommunications
carriers in implementing the public policy objectives established by Parliament.
The Canadian Telecommunications Policy objectives are:
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to facilitate the orderly development throughout Canada of a telecommunications
system that serves to safeguard, enrich and strengthen the social and economic
fabric of Canada and its regions;
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to render reliable and affordable telecommunications services of high quality
accessible to Canadians in both urban and rural areas in all regions of Canada;
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to enhance the efficiency and competitiveness, at the national and international
levels, of Canadian telecommunications;
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to promote the ownership and control of Canadian carriers by Canadians;
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to promote the use of Canadian transmission facilities for telecommunications
within Canada, and between Canada and points outside Canada;
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to foster increased reliance on market forces for the provision of
telecommunications services and to ensure that regulation, where required,
is efficient and effective;
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to stimulate research and development in Canada in the field of
telecommunications and to encourage innovation in the provision of
telecommunications services;
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to respond to the economic and social requirements of users of telecommunications
services; and
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to contribute to the protection of the privacy of persons.
Operating Context and Key Objectives/Change Management Issues
Competition Policy and Convergence
The most significant development in recent years has been the application
in the telecommunications industry of digital technology, taking advantage
of the rapid evolution of computer-based techniques in exchange equipment,
intercity transmission systems and fibre optic links. The convergence of
broadcasting and telecom technologies has led to significant changes in the
industry. The cable companies have begun entering the telecom business in
niches that allow them to exploit their digital networks. The telephone companies
are eager to enter the cable and multimedia business. They have begun offering
their own Internet services and other broadband services, and are preparing
for full competition with the cable companies. The Commission determined
that companies whose core business is broadcasting (notably, cable companies)
are, in certain circumstances, Canadian carriers when they offer
telecommunications services. As such, these companies are also subject to
regulation under the Telecommunications Act with respect to their
telecommunications service offerings. There are approximately 1,600 cable
companies in Canada (ranging in size from extremely small undertakings to
larger companies such as Rogers Cablesystems, Videotron and Cogéco)
which currently offer, or may be expected to offer, Internet access services,
as well as other telecommunications services such as alarm system monitoring.
In its report to the government on convergence (May 1995), the Commission
set out the terms under which it would expect to manage the transition to
entry by the telephone companies and cable companies into the others' markets.
The proceeding to set the rules for local unbundling, and competitive entry
into the local telephone exchange market, announced in Telecom Public Notice
CRTC 95-36, is one of the methods by which the Commission is meeting the
terms set out in the May 1995 convergence report.
The introduction of competition to the industry began in the U.S.A. in 1968.
In Canada, the first decision to introduce competition took place in 1978,
with the CRTC making a milestone decision in the area of mobile radio
communications that was eventually upheld by the Supreme Court. This began
a series of pro-competitive decisions, including the decision in 1992 to
introduce long-distance competition. This has led to the entry into the long
distance market of a large number of firms, large and small, that have taken
a market share of some 25% from the incumbent Stentor companies. As important,
the Commission is currently conducting a proceeding to set the rules for
competitive entry into local exchange service provision.
Regulatory Reform
The Commission has recognized the importance of adapting to new market realities,
and in September 1994, issued a milestone decision (Decision 94-19) introducing
major changes in the regulatory framework that would apply to the industry,
principally the incumbent telephone companies. In essence, the new framework
calls for a fully competitive market, including local telephone service,
and introduced a series of reforms that we are in the process of implementing.
Other reforms introduced recently include deregulation of many competitive
services, new approaches to hearing processes and new methods of resolving
the increasing number of competitive disputes.
Telecommunications Results Expectations
Telecommunications' crucial role as an economic enabler in Canada will continue
to grow. Strategic challenges are posed by increasing globalization, rapid
changes in technology, services and industry structure and the importance
of ensuring sustainable competition. Under the Telecommunications Act,
the Commission must continue to adapt Canada's regulation of telecommunications
so that it can contribute to the ongoing development of a modern public
infrastructure to meet the information and communications needs of Canadians
into the next century, in the context of a world-wide economy based on
information and knowledge. The development of competition in Canadian
telecommunications markets is growing rapidly and has considerably increased
the Commission's workload as well as the complexity of the issues before
it.
The Commission will set provisions so that a new regulatory regime will be
put in place by 1998. Based on its experience in introducing competition
in the public long-distance voice and other markets, the Commission anticipates
that opening local markets to competition will generate significant additional
work on a going-forward basis for at least two to three years, involving
in particular, the resolution of competitive and technical issues. In 1997-98,
the Commission will:
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promote and encourage economic entry and competition in local markets.
The Commission will, particularly, facilitate the introduction of competition
to the local telecommunications market.
A major element of the reform package is a series of adjustments to local
telephone rates to bring prices closer to their true costs&emdash;thus reducing
artificial subsidies to residential local service that complicate the
introduction of competition in the local market. The Commission will stimulate
effective competition in the local telephony market including co-location,
interconnection, number portability and unbundling (unbundling refers to
the requirement that incumbent local telephone companies make available at
tariffed rates those elements of their local service facilities to which
competitors would require access in order to effectively enter the local
telephone market). The resolution of local competition issues is a pre-condition
in all aspects of the Information Highway. It is expected that, by the end
of 1998, there will be several carriers starting to offer local services
in competition to the Stentor companies.
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increase incentive for productivity improvements and innovation and remove
any incentive for over-capitalization and cross-subsidization.
A major change to the future framework for regulation is the introduction
of a price cap regime which will replace the traditional earnings-based method
for regulating the telephone companies with a price-based approach, giving
them more freedom to price individual services, and to reap the benefits
of productivity improvements. The price cap regime has been implemented in
non-Canadian regulatory jurisdictions and the Commission anticipates that
it may benefit to some extent from knowledge of the results.
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facilitate competition by establishing a regulatory framework, in the
context of convergence.
The Commission will conduct a proceeding to resolve issues relating to the
regulation of cable companies in their role as Canadian telecommunications
common carriers. This proceeding will deal with a number of issues, including
access, forbearance and competitive safeguards.
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continue to reduce regulatory requirements, so that more efficient
use is made of Commission resources. There will be more use of responsive
dispute resolution. This will reduce regulatory gaming.
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continue to streamline regulatory procedures, where the changing industry
structure makes this appropriate.
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continue to encourage electronic exchange of documents in its Telecom
operations (introduced on January 1, 1996), as a means of reducing the paper
burden and providing speedier service to clients.
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in terms of day-to-day operational activities, process approximately
1,700 tariffs and other applications and agreements, respond to some 25,000
subscriber and competitor complaints and inquiries, hold four public hearings,
issue approximately 1,500 Telecom Orders and process 14,000 electronic files.
It is anticipated that considerable ongoing work will remain with respect
to the implementation of the components of the new regulatory regime. The
Commission anticipates that considerable ongoing resources must be devoted
to ensuring that this new form of regulation suits the Canadian
telecommunications environment.
3. Executive Management
Objective
To provide operational guidance to the decision-making process established
to dispose of applications within the framework of the objectives outlined
in the Broadcasting Act, the Canadian Radio-television and
Telecommunications Commission Act, the Telecommunications Act
and other related legislation.
Description
The Executive Management Activity comprises Commission Members, executive
offices, legal, information and administrative services to support the
Commission, and the operations of four regional offices.
Executive Offices
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Includes the Chairperson's Office and the Office of the Secretary General.
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Commission Members
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The Commission on the broadcasting side consists of a maximum of 19 appointed
members, of which a maximum of 13 are designated as "full-time" members and
a maximum of 6 are designated as "part-time" members. In telecommunications,
the Commission is composed solely of the 13 "full-time" members.
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Legal Directorate
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Is responsible for providing expert legal counsel on the interpretation and
implementation of the CRTC Act, the Broadcasting Act, the
Telecommunications Act, and statutory instruments made pursuant to
them, as well as other relevant federal and provincial legislation. CRTC
counsel advise on procedural matters, in addition to conducting questioning
and cross-examination at public hearings and representing the Commission
during legal proceedings.
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Public Affairs
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Is responsible for all media, public communications and relations, and internal
communications within the Commission head office and regions.
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Secretariat Operations
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Is responsible for providing administrative services to Commission meetings
and Committees.
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Regional Offices
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Offices in Vancouver, Winnipeg, Montreal and Halifax provide a closer link
with the public in the regions. A member of the Commission has been designated
by the Governor in Council to be a resident commissioner attached to each
of these offices. In addition, Regional Commissioners reside in Toronto and
Edmonton.
|
Results Expectations
-
To ensure effective decision-making by rendering fair, timely and objective
decisions;
-
To contribute to the CRTC's effective decision-making process by providing
timely expert legal counsel;
-
To contribute to the fair and transparent management of the regulatory public
process by providing timely administrative services;
-
To facilitate communication with the Canadian public, media and stakeholders
by providing quality services and products.
4. Corporate Services
Objective
To provide affordable, accessible and responsive services that serve the
operational needs of the CRTC and to ensure the administration and execution
of wider government policy and direction.
Description
The Corporate Services Activity provides advisory and support services in
the area of finance, human resources, corporate services and review, information
management and information technology, library services and general
administration.
Results Expectations
-
To provide accurate and timely financial management and reporting;
-
To provide appropriate human resources services;
-
To provide economical and timely information management and information
technology support;
-
To complete relevant management reviews and planning documents that will
bring value to the effectiveness and efficiency of the organization;
-
To provide adequate library and administrative services.
5. Comparative Financial Plans by Business
Line
Planned Spending
(thousands of dollars)
|
Main
Estimates1
1996-97
|
Main
Estimates
1997-98
|
Planned
1998-99
|
Planned
1999-00
|
Business Lines/Activities
|
Broadcasting
|
10,399
|
10,036
|
9,860
|
9,883
|
Telecommunications
|
8,718
|
8,903
|
8,786
|
8,803
|
Executive Management
|
7,577
|
7,963
|
7,846
|
7,870
|
Corporate Services
|
6,470
|
5,934
|
5,883
|
5,899
|
TOTAL
|
33,164
|
32,836
|
32,375
|
32,455
|
1 Does not include Supplementary Estimates.
A. Highlights
-
The Commission encourages the development of Canadian programming and continues
to provide more choice to Canadian viewers as Canadians have access to a
more diversified range of television programs. The number of television and
programming services has increased; and viewing of Canadian programming has
also increased in the past ten years.
-
The cost of telephone service (as measured by the "telephone price index",
a component of Statistics Canada Consumer Price Index), has been below the
Consumer Price Index for the last decade. In addition, access to telephone
service, which was already high, slightly increased in the last decade.
-
The Commission is responding to the dramatic changes in the communications
environment. In 1995/96 the Commission held a public hearing and issued a
report entitled Competition and Culture on Canada's Information Highway:
Managing the Realities of Transition, proposing the mechanisms designed
to remove barriers to competition, as well as safeguards to prevent
anti-competitive practices.
-
Further to the report, the Commission pursued its work on the review of the
regulatory framework for telecommunications. It has forborne from regulating
many services where it was convinced market forces were sufficiently strong
to warrant it, and has issued several public notices to resolve issues for
local competition.
-
The Commission has also issued a policy decision to establish fair access
rules for distribution undertakings for programming services, in order to
be able to license new video services.
-
The Commission has introduced a number of innovative processes aimed at
streamlining the regulatory process.
-
On January 1, 1996, the Commission introduced electronic exchange of documents
and distribution of documentation for telecommunications carriers in order
to improve the efficiency of its operations.
B. Overview
1. Performance Against Key Strategies
The Commission has launched a number of initiatives that transcend individual
business lines. The purpose of this section is to report on the results of
these initiatives.
The Commission needs to ensure fair and sustainable competition within an
orderly market in an environment shaped by the convergence of technology
used by the cable and telephone industries for the delivery of information
and other services, and the emergence of additional technologies to deliver
broadcasting services to the home. In 1995/96 the Commission held a public
hearing and issued a report entitled Competition and Culture on Canada's
Information Highway: Managing the Realities of Transition. In the
16 months since the publication of that report the Commission accomplished
the following (see Figure 1).
Figure 1: Proceedings Related to 1995 Convergence Report
|
Telecommunications Act
|
Broadcasting Act
|
1994
|
Review of Regulatory Framework, Dec. 94-19
|
|
1995
|
Co-location, P.N. 95-13, Dec. early 1997
|
|
May 95
|
Convergence Report Issued
|
|
"Local Competition", P.N. 95-36
Interconnection/Unbundling, Dec. mid-1997
|
|
|
Local Number Portability, P.N. 95-37, trial mid 1997
|
|
1996
|
|
Access Rules, P.N. 96-60
|
|
|
Exemptions, P.N. 96-59
|
|
Development of Carrier Interfaces, P.N. 96-28, Dec. mid 1997
|
|
|
Tariffs for Education & Health Service Entities, Dec. 96-9
|
|
|
|
Distribution Regs., P.H. 7 Oct 96, P.N. early 1997, Regs. early 1998
|
1997
|
|
Non-Simultaneous Substitution, P.H. mid 1997
|
1998
|
Telecommunication companies may enter broadcasting distribution
business
|
P.H. = Public Hearing; P.N. = Public Notice; Dec. = Decision; Regs. = Regulations
In the Convergence Report the Commission indicated that the need to put in
place conditions for effective competition in the local telephone market
is a fundamental precondition to competition in all markets on the information
highway. The process was begun with the Review of the Regulatory Framework
Decision in 1994. A further step was taken when the Commission issued
its public notice on Co-Location in March 1995, intended to
facilitate competition by providing competitors with the option of delivering
their traffic to local switches over either leased or owned facilities. The
Commission followed with public notices on Interconnection and Network
Component Unbundling and Local Number Portability in
July 1995. Both were intended to further promote effective competition in
the local telephone market.
Another building block was the development of access rules. The Commission
had decided not to license cable affiliates for new programming services
until rules to ensure fair access to distribution undertakings were in place.
A public hearing was held in February 1996 and a policy decision, based on
the principle that distribution undertakings should distribute the services
of all licensed Canadian programming services appropriate for their markets,
was issued in April.
The Commission also indicated that distribution undertakings, regardless
of technology, should operate under similar rules where possible.
It is now conducting a process to develop these comprehensive regulations
for all broadband, subscription-based distribution undertakings, whether
using wireline, satellite or wireless technologies. The written process is
complete, the oral hearing was held in October 1996 and the new regulations
are expected to be in place in early 1998.
These two major processes were central to introducing increased and sustainable
competition into the broadcasting distribution sector while retaining support
for and encouragement of the production and widespread distribution of Canadian
cultural programming content. Additional activities promoting competition
in broadcasting distribution included the licensing of a regional
Multipoint Distribution System (MDS) undertaking, two national
Direct-to-home (DTH) satellite distribution undertakings and the licensing
of a telephone company subsidiary to provide cable service
in the far north. The Commission also licensed a competing cable undertaking
(Pacific Place Cable Ltd.) to serve an area of Vancouver.
The Commission also indicated that it would examine the feasibility of
Non-Simultaneous Substitution as a means of protecting broadcasters' programming
rights. This issue will be considered in 1997. Canadian television broadcasters
are currently able to take advantage of regulations requiring simultaneous
substitution. These regulations generally require that distributors substitute
the signals of local broadcasters in favour of the signal of other stations
when both the local and non-local stations are broadcasting the same program
at the same time. The effect is that the local station's audience and advertising
increases. This leads to additional revenue for the local broadcaster.
Broadcasters have recently suggested other methods that could be undertaken
to protect the program rights that they have acquired. One option is
"non-simultaneous" substitution. This proposal would allow the party which
owns the local rights for a program to request substitution for that program
even when it is not being broadcast at the same time on both a local station
and a non-local station. Other suggestions have also been made.
On the programming side the Commission licensed 22 new specialty
services undertakings and one new sports/specialty pay-per-view service
undertaking to strengthen the Canadian presence in a multi-channel universe.
The Commission has also called for applications to provide Video on Demand
Services. A public hearing will be held in the first half of 1997.
In June 1995 the Commission issued a decision establishing rates, terms and
conditions governing access to, and placement of, facilities by
telecommunications carriers and cable companies on support structures owned
by regulated telephone companies. Later in 1995, the Commission issued its
"Split Rate Base" Decision which dealt with a number of issues including
costs and costing methodology. In this decision, the Commission also set
out its approach to allocating telecommunication companies investment in
broadband infrastructure.
In addition the Commission has forborne from regulating many services
where it was convinced market forces were sufficiently strong to warrant
it. For example, the Commission no longer regulates many of the services
offered by non-dominant carriers.
Other telecommunications proceedings related to convergence include the
Commission's decision on the Regulation of Broadcasting Distribution
Undertakings that Provide Non-Programming Services (Decision 96-1)
in January 1996. These undertakings are subject to Commission jurisdiction
under the Telecommunications Act, in certain circumstances. One
implication is that cable companies must provide third party access to their
distribution undertakings on a non-discriminatory basis to permit others
to offer non-programming services. The Commission made several decisions
in the application of Decision 96-1.
2. Technology and Service
Standards
Electronic Exchange of Documents and Distribution of
Information
Since it introduced electronic exchange and distribution of documentation
on the telecommunications side of its operations on January 1, 1996, the
Commission has received an overwhelming response from telecommunications
carriers and other users. In the first seven months, 40 users, including
all of the major telephone companies, have opted to communicate electronically
with the Commission. We have already received 71,000 pages of documents via
the information highway and are distributing 84% of Telecom Orders, Notices
and Decisions electronically to clients instead of in hard copy through the
mail.
Service Standards
The Commission began a comprehensive exercise to establish service standards
for all of its major lines of business. To date, effective streamlining of
correspondence and complaints procedures on the broadcasting side have yielded
dividends. In the last year, the Commission has succeeded in reducing by
two to three weeks its response time to 80% of the complaints or requests
for information. For most inquiries or complaints (80% of the five to six
thousand received annually) the Commission is committed to providing an initial
substantive response within 48 hours. This standard of service is being met.
Internally, the Informatics Division and the Human Resources Division have
implemented service standards and both have demonstrated tangible benefits.
Informatics managers produce regular reports on the achievement of their
standards and use the information to improve service delivery. Most requests
for service are processed within 72 hours (74%) and fewer than 7% require
a negotiated delivery schedule of more than one week.
3. Update on Program Review
Implementation of Program Review I
Reductions made in context of Program Review I total $2.9M, of which $1.9
million came from reductions in FTEs and $0.7 million in informatics.
FTE Reductions Required:
Broadcasting
25
Executive Management
10
Corporate Services
7
42 = $1.9M
The Commission succeeded in implementing reductions of Program Review I mainly
by reducing staff. Reductions were implemented through extensive consultation
with employees and union representatives. Career plans were considered against
organizational requirements and management was successful in obtaining almost
100% agreement on planned departures to 1998/99 Program Review I levels.
It is important to note that there were no reductions to underrepresented
groups or to our Official Languages employee profiles as a result of workforce
adjustment. The majority of the Commission's downsizing occurred in the 1995-96
fiscal year when we were authorized 450 FTEs and actually reduced to 422
by April 1 1996. In fact of the 42 positions eliminated, 30 were abolished
in 1995/96, five were removed this fiscal year and the remaining seven will
be removed before March 31, 1998.
C. Details by Business
Line
1. Broadcasting
The CRTC uses a variety of mechanisms to assess the effectiveness of its
policies and regulations, as well as the performance of the companies it
regulates.
In broadcasting, these include:
-
the analysis of program information and of annually submitted financial data
to ensure compliance with Canadian content and other requirements;
-
the public process associated with the issuance, amendment, or renewal of
all licences;
-
the holding of policy hearings wherein interested parties are invited to
comment on the current regulatory provisions and to suggest amendments to
these provisions to achieve the various objectives set out in the
Broadcasting Act.
The following are result statements on the Commission's intermediate term
goals in broadcasting.
a) Exhibition of Distinctively Canadian Programming
-
In most television markets the number and variety of Canadian television
programs available to viewers has risen dramatically in the last 15 years.
In 1981 for example, most households in large and medium urban centres had
access to between 10 and 15 Canadian television channels. By 1995 that number
had climbed to between 35 and 40.
-
During 1995/96 the Commission pursued a number of activities to ensure the
exhibition of distinctively Canadian programming. In approving renewal of
licence applications during the period, the Commission was satisfied that
Canadian television licensees have met or exceeded the minimum requirement
of 60% Canadian programming during the broadcast year.
The Commission announced in CRTC Public Notice 1995-48, an approach that
provided conventional English-language, private television stations across
Canada (earning more than $10 million in annual advertising revenues and
network payments) with maximum flexibility to meet their responsibilities
under the Broadcasting Act. The licensees had the opportunity to accept
a continuation of the existing condition of licence approach which required
an "expenditure" on Canadian programming (Option "A"), or a condition
of licence stipulating a minimum hourly quantitative requirement for the
exhibition of Canadian entertainment programming in the evening broadcast
period (Option "B").
b) Providing Canadians with a wide range of programming choices:
-
Most Canadians now have considerably more choice in television programming
than they did 15 years ago. In 1981 for example, most households in large
and medium urban centres had access to between 15 and 20 television channels.
These included Canadian and foreign stations. By 1995 that number had climbed
to between 50 and 60.
-
During 1995/96 and in the current fiscal year, the Commission continued to
ensure more choices to Canadian viewers. On September 4, 1996, the Commission
approved, in Decisions 96-595 to 617, twenty-two high quality Canadian specialty
services and one new sports/specials pay-per-view service. These included
headline news, comedy, history, science fiction, regional sports, educational
and ethnic-language services, animation and pre-school children's programming.
These services will promote the development of original programming; will
help provide a reflection of Canadian talent and ideas; and will provide
opportunities for a stronger creative community and cultural identity in
an ever increasing competitive environment.
c) Production of Attractive Canadian programming:
-
Viewing of Canadian programs overall increased from 36.8% in 1986 to 41.3%
in 1995.
-
Viewing of Canadian programs on English-language stations grew from 28.2%
in 1986 to 30% in 1995.
-
Viewing of Canadian programs on French-language stations grew from 64.5%
to 76.7% between 1986 and 1995.
-
In 1995/96 and in the current fiscal year the Commission took further steps
to promote the production of attractive Canadian programming. In approving
the new Specialty applications announced in CRTC Decisions 96-596 to 617,
the Commission included as a "condition of licence" for those services: a
guaranteed access to distribution by September 1997; a dollar amount
to be spent in the second year; and in each subsequent year, a
percentage of the previous broadcast year's gross revenues that would
be spent on Canadian programming. For services whose access is guaranteed
no later than September 1999, the requirement is a percentage starting in
the third year of operations. This percentage ranged from 15% to 54% for
most of the approved services. In 1995-96 the operational specialty and pay
licensees contributed approximately $238 million to the independent production
of Canadian programs.
-
The Commission requires that Direct-to-Home (DTH) pay-per-view licensees
contribute a minimum of 5% of their annual gross revenues to the development
and production of Canadian programs. Though some are licensed, none have
yet begun to operate.
-
Expenditures by conventional private television licensees on Canadian programs
totalled $474 million in 1995.
-
The Cable Production Fund collected $39 million from cable companies in the
first year of operation (1995). Another $45 million is expected by the end
of 1996. The Fund expects to receive $300 million over a five-year period.
-
Over the last several years the number of broadcast facilities and the volume
of business generated by them has increased steadily. Canadians now enjoy
one of the highest levels of accessibility to radio and television services
anywhere in the world. Figure 2 shows the growth of broadcasting undertakings
from 1991 to 1996.
Figure 2: Growth of Broadcasting and Cable Television Undertakings
(1991-1996)
|
Mar. 31/96
|
Aug. 31/95
|
Mar. 31/92
|
Aug. 31/91
|
|
Number of
Licensed Stations/ Systems
|
Revenues Millions $
|
Number of Licensed Stations/ Systems
|
Revenues Millions $
|
AM Radio
|
|
335
|
|
442
|
-Originating
|
350
|
|
377
|
|
-Rebroadcasting
|
247
|
|
293
|
|
FM Radio
|
|
447
|
|
312
|
-Originating
|
467
|
|
333
|
|
-Rebroadcasting
|
711
|
|
677
|
|
Television
|
|
1,576
|
|
1,374
|
-Originating
|
137
|
|
127
|
|
-Rebroadcasting
|
1,341
|
|
1,319
|
|
Cable Television1
|
2,011
|
2,206
|
2,082
|
1,643
|
Networks & other 2 broadcasting undertakings
|
375
|
988
|
248
|
727
|
Total
|
5,639
|
5,552
|
5,456
|
4,498
|
1 Net of Affiliation Payments to Pay and Speciality
Television Licensees
2 Include Pay and Speciality Television Services,
CBC, Cancom and other Networks
d) Development of Canadian talent:
-
Canadian radio licensees contributed a minimum of $1.8 million to third parties
for the development of Canadian talent in 1995. It should be noted that on
November 15, 1996, the Governor-in-Council asked the Commission to reconsider
its approach to Canadian Talent Development.
-
Canadian television licensees spent close to $2.5 million dollars on script
and concept development in 1995.
-
Private television licensees spent $70 million in acquiring Canadian independent
programs in 1995.
-
Canadian content regulations have created demand for Canadian programs. This
leads to further development of the Canadian industry in terms of skills
abilities and talent and the establishment of strong independent production
houses. These include Alliance Communications Corporation, Atlantis
Communications Inc., The Cinar Group, and Paragon International.
-
The impact of the Canadian independent production sector on the economy rose
from $385 million in 1985 to $2.2 billion in 1995.
-
In all areas of film and television production, employment increased almost
100% from 15,000 jobs in 1991 to over 30,000 jobs in 1995.
e) Providing Access to the Full Benefits and Enjoyment of the Broadcasting
System:
-
Cable licensees contributed 5% of the base portion of annual revenues to
the creation and maintenance of a community channel.
-
The Commission announced its "Policy on Violence in Television Programming"
in Public Notice CRTC 1996-36. The policy is aimed at protecting children
from the harmful effects of violent programming. The industry-wide parental
control system will be launched in the Fall of 1997. Initially planned for
September 1996, the launch date was revised by the Action Group on Violence
on Television (AGVOT). The new timetable will provide more time for further
consultation with anti-violence groups, allow the industry to perfect the
V-Chip technology and encode the programming they broadcast in accordance
with the classification system being developed by AGVOT.
-
Canadian television licensees have increased the amount of closed-captioned
programming available for the hearing-impaired. Most licensees are committed
to having closed-captioning to 90% of their schedules by the year 2002.
-
Canadian licensees have adhered to the appropriate industry codes about gender
portrayal and advertising to children during their current licence term.
f) Applications, Public Hearings, Complaints and Inquiries
-
In 1995/96, the CRTC processed 2,180 broadcasting applications pertaining
to television, radio, cable, pay and specialty services. These included requests
for new licences, licence amendments and renewals, applications for authority
to transfer effective control of licensed undertakings and 335 cable rate
filings. The CRTC also responded to 44,075 telephone calls and 5,644 letters
of inquiry or complaint and held 11 public hearings.
g) Sectoral and Change Management Issues
-
The Commission has taken steps to eliminate the requirement for the pre-clearance
of alcoholic beverage advertisements. The CRTC understands that the broadcasting
industry intends to ask the Canadian Advertising Foundation to set up a voluntary
pre-clearance mechanism to ensure all messages comply with the Commission's
regulations.
2. Telecommunications
The major issues confronting the CRTC in 1995-1996 were:
-
rapid technological advances;
-
an ongoing focus on streamlining telecommunications regulation;
-
convergence of technologies - wireline, wireless and broadcast/cable - as
a result of which related markets will impact one another and can be expected
to eventually merge;
-
requirement to ensure fair and sustainable competition within markets.
The Telecommunications performance anticipated for 1995/96 was accomplished
in a context of major changes resulting from technological advances, economic
conditions, evolving market demand, and increasingly competitive domestic
and global forces. The number of companies under the Commission's jurisdiction
has expanded in recent years from 11 to 84 companies in Canada that offer
telecommunications services to the public using their own transmission
facilities. The size, ownership, and market position of these carriers, as
well as the nature of the services they offer, vary widely. Carriers within
the Commission's jurisdiction, in addition to the traditional telephone
companies, include AT&T Canada LDS, Sprint Canada, cellular and PCS service
providers, Teleglobe Canada (which furnishes international telephone service)
and Telesat Canada (which provides satellite telecommunications services).
Competitive service offerings are available in a large number of service
areas, including wireline business and residential long distance, business
services and, more generally, in some segments of the wireline local market,
and in cellular and enhanced wireless services.
Figure 3 describes actual performance against planned activities in 1995-96.
Figure 3: Telecommunications Planned Activities and Performance,
1995-96
Planned Activities
|
Actual Performance
|
Explanation
|
-
to determine the nature and extent of regulation that the Commission will
apply to the 49 independent telecommunication companies that have recently
come under federal jurisdiction;
|
-
conducted a public hearing to deal with the regulatory framework for the
independents in Ontario and Quebec, with the exception of the Ontario Northland
Transportation Commission; Decision 96-6 was issued on August 7, 1996.
|
|
-
to conduct a public proceeding regarding implementation of Telecom Decision
94-19, which introduced a new regulatory framework to be phased in over the
next three years. The proceeding will include an examination of the Commission's
proposed approach to rebalancing as required by Order-in-Council 1994-2036;
|
-
conducted four different public proceedings: co-location, local interconnection
and network component unbundling, local number portability and price cap
regulation (see Figure 1);
|
|
-
to complete a public proceeding regarding the appropriateness of forbearing
from regulating the services of Canadian Carriers, other than Teleglobe Canada,
mobile service providers and carriers that provide basic local telephone
service;
|
-
issued Telecom Decision CRTC 95-19 forbearing from regulating services provided
by non-dominant Canadian carriers.
|
|
-
to process 1,950 tariffs and other applications and agreements;
|
-
processed 1,690 tariffs and other applications and agreements;
|
-
the independent telephone companies filed few tariff submissions; Stentor
filed 140 submissions on behalf of its member companies;
|
-
to respond to some 19,100 subscriber and competitor complaints and inquiries;
|
-
responded to some 23,042 subscriber and competitor complaints and inquiries;
|
-
increase due to unauthorized transfer of long distance carriers by competitive
long distance service providers;
|
-
to hold eight public oral hearings;
|
-
held three public oral hearings;
|
-
the Commission held paper proceedings to reduce the burden on the industry.
|
In the following pages, some of the elements of the impact of telecommunication
regulations are described.
Universal access to telecommunications services
-
In 1995, 98.5 % of Canadian households received telephone service, in both
urban and rural areas (98.5% in urban and 98.6% in rural areas). In 1986,
the penetration rate was 98.1%.
-
Canada is among the five countries in the world offering the highest number
of access lines per 100 inhabitants.
|
|
Convergence and Competition
-
While Internet access is an important example of the telecommunications services
offered by traditional cable companies, the convergence of technologies,
combined with the progressive opening of formerly protected markets to
competitive forces, has resulted in interest on the part of such companies
and others (including current interexchange service providers) in competing
in the provision of local telephone services to residential and business
markets.
The Commission released a decision that non-programming services, such as
the all-text news service received by many cable subscribers, are subject
to Commission regulation under the Telecommunications Act when they
are offered by cable and other broadcasting distribution undertakings.
Efficiency and Effectiveness of Price Regulation
-
The Commission broke the link between toll rate decreases and local rate
increases in order to have Canadians benefit fully from increased competition
and to reduce the bypass opportunities and the potential for uneconomic
entry.
-
The Commission approved a form of price regulation for Teleglobe Canada which
will result in lower rates for many services to Canadian telecommunications
carriers. Canadian consumers will also benefit as the carriers pass on savings
by lowering long distance overseas telephone rates.
-
The Commission initiated proceedings to examine the local rate restructuring
proposals of three major local telephone companies.
-
The Commission initiated a proceeding to examine a number of issues related
to the provisioning of special tariffs for educational and health service
entities.
-
While some prices increased in recent years (e.g. certain local services),
other telecommunications service rates have decreased. The CPI has increased
more than the Total Telephone Index over the last decade.
|
|
-
Canada is the second country among OECD countries, to show the lowest tariff
basket for international telephone calls.
|
|
Reform of Regulatory Framework
-
In addition to the proceeding to review the regulatory framework for the
independents, the Commission initiated a proceeding to review the regulatory
framework for Teleglobe Canada.
Forbearance from Regulation
-
The Commission has forborne from regulating a number of services. To date,
where the Commission has determined that forbearance is appropriate, it has
generally found it necessary to do so subject to certain conditions. This
has been done to ensure, for example, that consumer interests remain protected
or that the development of competitive markets is not impaired. Thus, while
forbearance is providing increased flexibility for the regulated industry,
it should be borne in mind that issues requiring regulatory resolution continue
to arise for most of those services in respect of which the Commission has
forborne. From the perspective of the Commission's ongoing workload, the
many competitors that have benefited from forbearance with respect to some
or all of their service offerings still retain an active interest in the
regulatory process, participate in Commission proceedings, and continue to
make applications for relief to the Commission.
-
Pursuant to the Telecommunications Act, the Commission has forborne
from exercising certain of its powers, such as the filing of tariffs, in
respect of a number of services in 1995-96 including those provided by
non-dominant Canadian carriers, such as AT&T Canada LDS, Sprint Canada
and fONOROLA. The Commission forbore from regulating the provision of Telesat's
tariffs for all bundled and standard services (non-space segment).
-
The Commission initiated two proceedings to seek comment regarding the
appropriateness of forbearing with respect to several services offered by
certain telephone companies.
Promotion of the use of Canadian transmission facilities for
telecommunications within Canada and between Canada and points outside
Canada
-
The Commission took a more active role in enforcing the rules against bypass
by reminding the major domestic carriers of their obligation to enforce their
tariff provisions prohibiting the routing by customers of basic service traffic
by way of the U.S.A., when that traffic originates or terminates in Canada.
(The Commission had previously approved provisions in Teleglobe's tariffs
prohibiting the routing through a third country of Canadian international
voice traffic carried on resold International Private Lines (IPLs)).
Streamlining the regulatory process
-
It should be noted that during this period of increasing workload, the Commission
has introduced a number of innovative processes aimed at streamlining the
regulatory process. This includes the use of the Internet to exchange documents
and to inform the public. Moreover, alternate dispute resolution and staff
mediation techniques have been employed to dispose of competitive complaints.
Applications, Public Hearings, Complaints and Inquiries
-
Another significant development had been the addition of 49 independent telephone
companies to the CRTC's jurisdiction as a result of the Supreme Court of
Canada's decision in the case of Téléphone Guèvremont.
These changes presented a major new challenge, and increased the workload
for the CRTC.
-
Impact of electronic exchange of documents: instead of 54,000 copies of telecom
orders, only 7,500 will be sent in paper format and 46,500 will be distributed
electronically. For Telecom Public Decisions, instead of 4,200 hard copies,
only 1,200 will be sent in paper format and 3,000 copies will be sent
electronically.
-
In 1995, there was a total of 23,042 complaints: 18,362 verbal and 4,680
written. It is estimated that 85% of verbal complaints are resolved immediately,
while the remainder needs some follow-up.
3. Comparative Financial Performance by Business
Line
i) Departmental Planned and Actual Spending
(thousands of dollars)
|
Actuals
1993-94
|
Actuals
1994-95
|
Main
Estimates
1995-96
|
Actuals
1995-96
|
Business Lines/Activities
|
Broadcasting
|
10,844
|
11,003
|
11,134
|
11,572
|
Telecommunications
|
6,770
|
7,468
|
8,641
|
8,083
|
Executive Management
|
7,967
|
8,219
|
8,057
|
7,929
|
Corporate Services
|
9,464
|
7,983
|
6,873
|
8,397
|
TOTAL
|
35,045
|
34,673
|
34,705
|
35,9811
|
Note:
1 The difference of $1.276 million between actual
and main estimates is due to severance and separation benefit payments made
resulting from Program Review.
1.
|
Organization
|
1.1
|
Organization Chart
|
1.2
|
CRTC Organization Units by Business Line
|
1.3
|
Resource Requirements by Branch and Business Line/Activity
|
2.
|
Personnel Requirements
|
2.1
|
Details of Personnel Requirements by Business Line/Activity
|
2.2
|
Summary by Professional Category
|
3.
|
Additional Financial Information
|
3.1
|
Revenues and Expenditures
|
3.1.1
|
Licence Fee Revenues Received from the Regulated Broadcasting and
Telecommunications Industries
|
3.1.2
|
Details of Revenues by Business Line/Activity
|
3.1.3
|
Presentation by Standard Object
|
3.2
|
Contingent Liabilities
|
3.2.1
|
List of Contingent Liabilities
|
4.
|
Statutes Administered by the CRTC
|
5.
|
Regulations and Procedures
|
6.
|
References
|
1.2 CRTC Organization Units by Business Line
BROADCASTING
|
TELECOMMUNICATIONS
|
EXECUTIVE
MANAGEMENT
|
CORPORATE
SERVICES
|
|
Competition, Consumer & Tariff Policy
|
Halifax, Montreal, Winnipeg & Vancouver Offices
|
Corporate Services, Review & Renewal
|
1.3 Resource Requirements by Branch and Business Line/Activity ($000)
|
1997-98 Main Estimates
|
|
Business Lines/Activities
|
|
BRANCHES
|
Broadcasting
|
Telecom-
munications
|
Executive
Management
|
Corporate
Services
|
TOTAL
|
Broadcast Distribution & Technology
|
1,060
|
|
|
|
1,060
|
Broadcast Planning
|
1,383
|
|
|
|
1,383
|
Broadcast Analysis
|
3,092
|
|
|
|
3,092
|
Decisions & Licensing
|
3,369
|
|
|
|
3,369
|
Executive Director Office
|
|
1,110
|
|
|
1,110
|
Decisions & Operations
|
|
2,255
|
|
|
2,255
|
Financial Analysis
|
|
2,981
|
|
|
2,981
|
Competition, Consumer & Tariff Policy
|
|
2,557
|
|
|
2,557
|
Executive
|
|
|
2,482
|
|
2,482
|
Secretary General
|
362
|
|
751
|
|
1,113
|
Legal Directorate
|
|
|
1,789
|
|
1,789
|
Public Affairs
|
770
|
|
1,521
|
|
2,291
|
Halifax, Montreal, Winnipeg & Vancouver Offices
|
|
|
1,420
|
|
1,420
|
Corporate Services, Review & Renewal
|
|
|
|
368
|
368
|
Human Resources
|
|
|
|
1,166
|
1,166
|
Finance & Management Services
|
|
|
|
4,400
|
4,400
|
TOTAL
|
10,036
|
8,903
|
7,963
|
5,934
|
32,836
|
2. Personnel Requirements
2.1 Details of Personnel Requirements by Business Line/Activity (FTEs)
|
Actuals
1994-95
|
Actuals
1995-96
|
1996-97
Estimates
|
1997-98
Estimates
|
1998-99
Planned
|
1999-00
Planned
|
Business Lines/Activities
|
Broadcasting
|
161
|
139
|
146
|
142
|
137
|
137
|
Telecommunications
|
96
|
105
|
113
|
113
|
113
|
113
|
Executive Management
|
91
|
94
|
91
|
91
|
91
|
91
|
Corporate Services
|
74
|
70
|
72
|
69
|
67
|
67
|
TOTAL
|
422
|
408
|
422
|
415
|
408
|
408
|
2.2 Summary by Professional Category (FTEs)
|
Actuals
1994-95
|
Actuals
1995-96
|
1996-97
Estimates
|
1997-98
Estimates
|
1998-99
Planned
|
1999-00
Planned
|
Order-in-Council Appointments
|
12
|
11
|
13
|
13
|
13
|
13
|
Executive Group
|
21
|
21
|
21
|
20
|
20
|
20
|
Scientific and Professional
|
31
|
31
|
28
|
31
|
31
|
31
|
Administrative & Foreign Service
|
259
|
242
|
251
|
249
|
243
|
243
|
Technical
|
11
|
11
|
11
|
11
|
11
|
11
|
Administrative Support
|
88
|
92
|
98
|
91
|
90
|
90
|
Operational
|
-
|
-
|
-
|
-
|
-
|
-
|
TOTAL
|
422
|
408
|
422
|
415
|
408
|
408
|
3. Additional Financial Information
3.1 Revenues and Expenditures
Broadcasting: Licence fees are payable annually by all broadcasting undertakings,
with the exception of those specifically exempted by the Regulations in
accordance with the Commission's Broadcasting Licence Fee Regulations. The
exemptions are:
-
rebroadcasting transmitting stations;
-
student carrier current broadcasting undertakings; and
-
broadcasting undertakings carried on by the Canadian Broadcasting Corporation.
The annual fees are calculated as follows:
-
for radio programming undertakings (including networks): where the fee revenue
in the return year is $2,000,000 or less, $25. Where the fee revenue in the
return year is greater than $2,000,000, $25 plus 1.8 % of the amount by which
the fee revenue exceeds $500,000. When an FM and AM station in the same market
have one owner and the combined revenues of the two stations exceed $4,000,000,
$25 plus 1.8% of the amount by which the fee revenue exceeds $500,000;
-
for television programming undertakings (including networks): $25 plus 1.8%
of annual revenue exceeding $1,500,000; and
-
for distribution undertakings which include cable television (CATVs), Relay
Distribution (Cancom), Subscription Television (STV) and Multipoint Distribution
Service (MDS): $25 plus 1.8% of total annual revenue exceeding $175,000.
It should be noted that a portion of the fees collected by the CRTC are also
allocated to cover expenses of Industry Canada for services provided through
its Spectrum Management and Regional Operations Activity. These services
include the certification of broadcast undertakings, the broadcast inspection
program and the investigation of complaints of interference to broadcast
reception.
The Commission is to implement new Broadcasting Licence Fee Regulations,
effective 1 April 1997. This is in direct response to a Treasury Board decision
granting the Commission "vote netting" authority for its broadcasting activity.
Funding, in the form of licence fee revenues, will now be required by 1 April
of each year in order to finance the Commission's operating expenditures
related to the regulation of the broadcasting industry.
Telecommunications: The Telecommunications Fees Regulations 1995,
made under s. 68 of the Telecommunications Act, set out the formula
for the collection of telecommunications fees from the carriers that the
Commission regulates. Each company is required to pay fees based on its operating
revenues as a percentage of the revenues of all the carriers that are regulated.
The annual fees that the CRTC collects is equal to the aggregate of:
-
the cost of the Commission's telecommunications activity;
-
the share of the costs of the Commission's Executive Management and Corporate
Support activities that is attributable to its telecommunications activity;
and
-
the other costs that are taken into account to arrive at the net cost of
the Commission's program that is attributable to its telecommunications activity.
These costs are set out in the Expenditure Plan published in The Estimates
of the Government of Canada. Beginning in 1995-96 the Commission obtained
authority for revenues to be based on current year estimates and to adjust
the annual telecommunications fees that have been charged to the Commission's
actual expenditures on telecommunications activities during the fiscal year.
Any excess fees are credited to the carriers, while shortfalls are subject
to an additional billing.
3.1.1 Licence Fee Revenues Received from the Regulated Broadcasting and
Telecommunications Industries
A) Revenue credited to the Consolidated Revenue Fund
(thousand dollars)
|
Forecast
1997-98
|
Forecast
1996-97
|
Actual
1995-96
|
Broadcast licence fees
|
63,249
|
61,707
|
71,441
|
Telecommunications fees
|
2,800
|
2,800
|
2,794
|
Sub-Total
|
66,049
|
64,507
|
74,235
|
B) Revenue credited to the Vote
|
Broadcast licence fees
|
15,857
|
16,683
|
-
|
Telecommunications fees
|
13,210
|
13,210
|
13,459
|
Sub-Total
|
29,067
|
29,893
|
13,459
|
Total Revenues
|
95,116
|
94,400
|
87,694
|
Note: Vote netting was introduced in 1994-95 for Telecommunications and in
1996-97 for Broadcasting.
3.1.2 Details of Revenues by Business Line/Activity
($000)
|
Actuals
1994-95
|
Actuals
1995-96
|
1996-97
Estimates
|
1997-98
Estimates
|
1998-99
Planned
|
1999-00
Planned
|
Revenue credited to the Vote by Business Lines/Activities
|
|
|
|
|
|
|
Broadcasting
|
-
|
-
|
9,353
|
8,867
|
8,717
|
8,737
|
Telecommunications
|
7,052
|
7,813
|
7,797
|
7,819
|
7,719
|
7,734
|
Executive Management
|
2,7491
|
2,9921
|
6,7542
|
6,9792
|
6,8792
|
6,8992
|
Corporate Services
|
3,0261
|
2,6541
|
5,9892
|
5,4022
|
5,3582
|
5,3722
|
Total credited to the Vote
|
12,827
|
13,459
|
29,893
|
29,067
|
28,673
|
28,742
|
Revenue credited to the Consolidated Revenue Fund by Business Lines/
Activities
|
|
|
|
|
|
|
Broadcasting
|
68,280
|
71,441
|
61,707
|
63,249
|
67,427
|
70,458
|
Telecommunications
|
1,140
|
2,794
|
2,800
|
2,800
|
2,800
|
2,800
|
Total revenue credited to the Consolidated Revenue Fund
|
69,420
|
74,235
|
64,507
|
66,049
|
70,227
|
73,258
|
Total Program Revenues
|
82,247
|
87,694
|
94,400
|
95,116
|
98,900
|
102,000
|
Notes:
1 Revenue generated from telecommunications fees
is apportioned to these business lines/activities.
2 Revenue generated from broadcasting licence and
telecommunications fees is apportioned to these business
lines/activities.
3.1.3 Presentation by Standard Object ($000)
|
Actuals
1994-95
|
Actuals
1995-96
|
1996-97
Estimates
|
1997-98
Estimates
|
1998-99
Planned
|
1999-00
Planned
|
Personnel
|
Salaries and wages
|
23,747
|
24,174
|
22,557
|
22,169
|
21,775
|
21,844
|
Contributions to employee benefit plans
|
3,008
|
3,222
|
3,271
|
3,769
|
3,702
|
3,713
|
Other salary and wages
|
|
|
|
|
|
|
Other personnel costs
|
|
|
|
|
|
|
|
26,755
|
27,396
|
25,828
|
25,938
|
25,477
|
25,557
|
Goods and services
|
Transportation and communications
|
1,635
|
1,698
|
1,824
|
1,960
|
1,960
|
1,960
|
Information
|
1,358
|
1,349
|
1,351
|
1,350
|
1,350
|
1,350
|
Professional and special service
|
2,672
|
2,890
|
2,258
|
1,830
|
1,830
|
1,830
|
Rentals
|
184
|
237
|
302
|
345
|
345
|
345
|
Purchased repair and maintenance
|
363
|
410
|
422
|
405
|
405
|
405
|
Utilities, materials and supplies
|
954
|
1,256
|
850
|
680
|
680
|
680
|
Other subsidies and payments
|
70
|
64
|
2
|
1
|
1
|
1
|
|
7,236
|
7,904
|
7,009
|
6,571
|
6,571
|
6,571
|
Capital
|
682
|
681
|
327
|
327
|
327
|
327
|
Gross expenditures
|
34,673
|
35,981
|
33,164
|
32,836
|
32,375
|
32,455
|
Less:
Revenues credited to the Vote
|
12,827
|
13,459
|
29,893
|
29,067
|
28,673
|
28,742
|
Net budgetary expenditures
|
21,846
|
22,522
|
3,271
|
3,769
|
3,702
|
3,713
|
3.2 Contingent Liability
3.2.1 List of Contingent Liabilities
As at November 18, 1996, contingent liabilities estimated at $1.85 million
were outstanding against the Canadian Radio-television and Telecommunications
Commission.
-
$1.1 million relates to pending or threatened litigation alleging that the
Commission failed to furnish the claimant with information necessary for
her to carry on an action against a radio station in Toronto.
-
an unspecified amount of damages, plus interest and costs relates to pending
or threatened litigation for alleged breach of contract in the tendering
process for court reporting services.
-
$750,000 plus interest and costs relates to pending or threatened litigation
for damages and other relief. On July 10, 1996, a motion for dismissal was
filed by the CRTC and the Federal Crown, and granted. The plaintiffs appealed
that decision and have filed their factum. It is expected the CRTC 's factum
will be filed in December.
These cases are currently in various stages of litigation. It is not the
policy of the Commission to comment on the expected outcomes of each case.
They are, however, recognized as potential liabilities against the Crown
and are therefore presented for information purposes only.
4. Statutes Administered by the CRTC
Canadian Radio-television and Telecommunications Commission Act, R.S.C.
1985, c. C-22) as amended
Broadcasting Act, S.C. 1991, c.11, as amended
Telecommunications Act, S.C. 1993, c.38
Bell Canada Act, S.C. 1987, c.19
Telesat Canada Reorganization and Divestiture Act, S.C. 1991, c.52
Teleglobe Canada Reorganization and Divestiture Act, S.C. 1987, c.12
5. Regulations and Procedures
CRTC Rules of Procedure
Broadcasting Information Regulations, 1993
Broadcasting Licence Fee Regulations
Cable TV Regulations, 1986
Pay TV Regulations, 1990
Radio Regulations, 1986
Specialty Service Regulations, 1990
Television Broadcasting Regulations, 1987
Telecommunications Fees Regulations, 1995
6. References
Competition and Culture on the Information Highway: Managing the Realities
of Transition, May 1995.
HOW TO CONTACT THE CRTC
Internet address info@crtc.x400.gc.ca
CRTC Home Page http://www.crtc.gc.ca
Office
|
Area Code
|
General
Information
|
Telecopier
|
TDD *
|
Hull
|
(819)
|
997-0313
|
994-0218
|
994-0423
|
Halifax
|
(902)
|
426-7997
|
426-2721
|
426-6997
|
Montreal
|
(514)
|
283-6607
|
283-3689
|
283-8316
|
Winnipeg
|
(204)
|
983-6306
|
983-6317
|
983-8274
|
Vancouver
|
(604)
|
666-2111
|
666-8322
|
666-0778
|
* Telephone Device for the Deaf
|
|