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Broadcasting Public Notice CRTC 2005-89
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Ottawa, 9 September 2005 |
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Tools to promote and improve the visibility of services whose national
distribution is required pursuant to section 9(1)(h) of the
Broadcasting Act
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In this public notice, the Commission
sets out its determinations regarding appropriate mechanisms, including
the use of local availabilities, for the promotion of services whose
national distribution is required pursuant to section 9(1)(h) of the
Broadcasting Act. "Local availabilities," in the context of this
notice, refers to the approximately two minutes per hour of air time set
aside in the programming of certain U.S. satellite programming services
for use by distributors in the United States. The licensees of most
broadcasting distribution undertakings in Canada are authorized, by
condition of licence, to use these local availabilities for the
distribution of promotional material. |
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Background
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1. |
Pursuant to section 9(1)(h) of the
Broadcasting Act (the Act), the Commission "may require any licensee
who is authorized to carry on a distribution undertaking to carry, on
such terms and conditions as the Commission deems appropriate,
programming services specified by the Commission." The Commission has
used this authority to require the distribution of four services as part
of the basic service offered by broadcasting distribution undertakings (BDUs).
The four services are: TVA, the French-language television network
service operated by TVA Groupe Inc.; the satellite-to-cable programming
services APTN and CPAC operated by Aboriginal Peoples Television Network
Incorporated and Cable Public Affairs Channel Inc., respectively; and
the audio programming service "VoicePrint" operated by The National
Broadcast Reading Service Inc. (NBRS). Collectively, these are known as
the 9(1)(h) services. |
2. |
In Decision CRTC 98-488,
29 October 1998, the Commission approved the national distribution
of TVA on the grounds that such distribution would help increase the
availability of French-language television services across Canada
and would contribute to the promotion of Canada’s linguistic duality
and cultural diversity, in keeping with several policy objectives
of the Act. Subsequently, in Order respecting the distribution
of the French-language television service of TVA Group Inc., Public
Notice CRTC 1999-27,
12 February 1999, corrected in Public Notice CRTC 1999-27-1,
19 May 1999, the Commission directed the licensees of Class 1 and
Class 2 BDUs and direct-to-home (DTH) BDUs that were not otherwise
required to distribute TVA by condition of licence or pursuant to
the Broadcasting Distribution Regulations (the Regulations)
to distribute TVA as part of the basic service. |
3. |
In Decision CRTC 99-42,
22 February 1999, the Commission determined that the national distribution
of APTN would strengthen the cultural identity of Aboriginal peoples
through new and diverse Canadian programming and offer a cultural
bridge between Aboriginal and non-Aboriginal Canadians, also in keeping
with the policy objectives of the Act. Subsequently, in Order respecting
the distribution of the Aboriginal Peoples Television Network,
Public Notice CRTC 1999-70,
21 April 1999, the Commission directed the licensees of Class 1 and
Class 2 BDUs and DTH BDUs to distribute APTN as part of the basic
service. |
4. |
In Decision CRTC 2000-380,
11 September 2000, as corrected by Erratum: Distribution Order
2000-1, Decision CRTC 2000-380-1,
21 September 2000, the Commission concluded that VoicePrint provided
a unique service of particular benefit to Canadians who are blind,
visually impaired or dyslexic. In keeping with the accessibility objective
of the Act, the Commission directed the licensees of analog Class
1 and Class 2 BDUs serving anglophone markets to distribute VoicePrint
on CBC Newsworld’s secondary audio programming (SAP) channel. Licensees
of digital Class 1 and Class 2 BDUs were directed to distribute VoicePrint
on an audio channel adjacent to CBC radio, where possible. Further,
the Commission directed DTH licensees to distribute VoicePrint on
an audio channel adjacent to CBC radio, where possible, in basic service
packages that have a preponderance of English-language services. |
5. |
Finally, in Licence renewal for CPAC;
and issuance of a distribution order, Broadcasting Decision CRTC
2002-377, 19 November
2002, the Commission found CPAC’s licensed public affairs programming
to be a significant and valuable complement to its coverage of the
proceedings of the House of Commons, and determined that, consistent
with the objectives of the Act, granting CPAC mandatory carriage on
the basic service of BDUs would contribute to maintaining and enhancing
Canada’s national identity and cultural sovereignty. The Commission
therefore ordered the licensees of Class 1 and Class 2 BDUs, DTH BDUs,
and the licensees of certain digital Class 3 BDUs1
to distribute CPAC as part of the basic service. |
6. |
It became clear to the Commission over
time that many cable BDUs were distributing the signals of APTN and
TVA as part of their basic service, but on channels higher than 55.
As a result, subscribers with older television sets that were not
able to display the top-end channels could not receive APTN or TVA,
and concerns were expressed that subscribers who "channel surf"
might be less likely to look beyond the scrambled pay and pay-per-view
channels. Accordingly, in Call for comments on the channel placement
of services whose distribution has been required pursuant to section
9(1)(h) of the Broadcasting Act, Broadcasting Public Notice
CRTC 2002-49, 16 August 2002 (Public
Notice 2002-49), the Commission
indicated that it was concerned about whether APTN and TVA were actually
as widely available and as readily accessible to Canadians as they
should be. More importantly, the Commission stated that it considered
placement of APTN and TVA above channel 55 to be potentially inconsistent
with its objectives in mandating the distribution of these services
as part of the basic service pursuant to section 9(1)(h) of the Act.
The Commission therefore called for comment on questions concerning
the channel placement of these services and related issues. |
7. |
In Channel placement of certain services
whose national distribution has been required pursuant to section
9(1)(h) of the Broadcasting Act – Call for comments on tools
to promote and improve the visibility of these services, Broadcasting
Public Notice CRTC 2004-46, 9
July 2004 (Public Notice 2004-46),
the Commission determined that, instead of mandating the channel placement
of 9(1)(h) services, it would require all distributors to assist in
improving the visibility of such services through improved promotion.
The Commission then called for comments on various suggested mechanisms
to promote 9(1)(h) services, including: |
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- allocation of a portion of the local availabilities;
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- use of a portion of time on barker channels2
and/or community channels;
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- inclusion of promotional material in billing inserts;
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- mentions on TV listing channels and/or in electronic program
guides; and
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- other mechanisms for ensuring the improved visibility of 9(1)(h)
services.
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8. |
The Commission also asked parties to comment
on the best way to implement any new requirements and on whether any
such tools should be available to all 9(1)(h) services. Specifically
the Commission requested comment on whether a commercial service,
such as TVA, or a cable-owned service, such as CPAC, should be able
to access the promotional tools that were suggested in Public Notice
2004-46. |
9. |
Public Notice 2004-46
was issued concurrently with two other public notices dealing with
use of the local availabilities. In Proposal by the Canadian Cable
Television Association to amend the policy regarding the use of local
availabilities – Call for comments, Broadcasting Public Notice
CRTC 2004-47, 9 July 2004 (Public
Notice 2004-47), the Commission
called for comments on a proposal by the Canadian Cable Television
Association, now known as the Canadian Cable Telecommunications Association
(CCTA). The CCTA proposed that the Commission amend its policy regarding
local availabilities to permit the distribution of commercial advertising
and messages promoting affiliated non-programming services offered
by cable BDUs, including telephony services, in up to 100% of the
local availabilities present within the programming of twelve popular
U.S. satellite programming services. In Vidéotron ltée, on behalf
of itself and its subsidiaries CF Cable TV Inc. and Vidéotron (Regional)
Ltd., Broadcasting Public Notice CRTC 2004-48,
9 July 2004, the Commission announced that it had received an application
by Vidéotron ltée (Vidéotron), on behalf of itself and two subsidiaries,
for amendments to the conditions of licence of various cable BDUs
in Quebec. The amendments would permit the BDUs to insert commercial
advertising, including messages promoting affiliated broadcasting
services, in 50% of the local availabilities contained in the signals
of three U.S. satellite programming services. |
10. |
The Commission received thirteen submissions
in response to Public Notice 2004-46,
including comments filed by the licensees of the four 9(1)(h) services,
others by the Canadian Association of Broadcasters (the CAB) and by
Friends of Canadian Broadcasting (Friends), and the submissions of
several BDU licensees and their industry representatives, the CCTA
and Canadian Cable Systems Alliance Inc. (CCSA). Ten parties supported
some sort of promotion for the 9(1)(h) services, while three parties
did not. |
11. |
In the following section, the Commission
addresses the comments of parties regarding the proposed promotional
mechanisms for the 9(1)(h) services set out in Public Notice 2004-46. |
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Proposed promotional mechanisms
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Local availabilities
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Position of parties
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12. |
There was general agreement among the
parties that local availabilities should be used to promote 9(1)(h)
services. There was, however, no general agreement concerning the
proportion of the local availabilities that should be used for this
purpose. |
13. |
BDUs that make use of local availabilities
have conditions of licence that require that at least 75% of local
availabilities must be made available for use by licensed Canadian
programming services for the promotion of their services, or must
otherwise be used by the BDUs for the promotion of the community channel
and for unpaid Canadian public service announcements. A maximum of 25%
of the local availabilities may be used by BDUs for the promotion of
discretionary programming services and packages, customer service
information, channel realignments, cable FM service and additional cable
outlets. |
14. |
The CAB and APTN proposed that, in addition
to the 75% of local availabilities that must be made available for use
by licensed Canadian programming services for the promotion of their
services, or must otherwise be used by the BDUs for the promotion of the
community channel and for unpaid Canadian public service announcements,
a further 5% of the local availabilities should be made available, free
of charge, for the promotion of the 9(1)(h) services. |
15. |
The CCTA noted that, under its proposed
amendment to the Commission’s policy on local availabilities, 25% of the
revenues that cable BDUs earned from the insertion of commercial
messages in local availabilities would be allocated to the Canadian
Television Fund (CTF). However, it also indicated that its membership
would be willing to reserve a proportion of local availabilities for the
promotion of the 9(1)(h) services, on the understanding that the amount
allocated to the CTF would be reduced to reflect this promotion. The
CCTA’s position was supported by the CCSA and by CPAC. |
16. |
Quebecor Media Inc. (Quebecor) noted that,
in an application by Vidéotron to amend the condition of licence
regarding the use of local availabilities by BDUs in certain markets,
the applicant had proposed that 50% of local availabilities contained in
three U.S. satellite programming services be used to promote Canadian
programming services and the community channel, and to broadcast unpaid
public service announcements. Quebecor proposed that a quarter of this
time (i.e., 12.5% of all local availabilities in the three services) be
used for the promotion of the 9(1)(h) services, and that the time be
made available free of charge. |
17. |
Bell ExpressVu3
noted that, under the Commission’s current policy, 75% of the local
availabilities contained in the programming of a single U.S. satellite
programming service (or 27 minutes of the 36 minutes generally devoted
to local availabilities during an 18-hour broadcast day) must be made
available for use by licensed Canadian programming services for the
promotion of their services, or must otherwise be used by the BDUs for
the promotion of the community channel and for unpaid Canadian public
service announcements. Bell ExpressVu proposed that two minutes of this
allocation be used to promote the 9(1)(h) services other than TVA. Bell
ExpressVu stated that, in fairness to other Quebec-based commercial
broadcasters, TVA should not have access to the local availabilities,
and that on-air promotional time for the TVA service should be
restricted to the barker channel. |
18. |
In a joint submission, TELUS Communications
Inc. and Saskatchewan Telecommunications (TELUS/SaskTel) indicated that
they had no objection to dedicating a portion of the local
availabilities to the promotion of 9(1)(h) services, as long as the
licensees of those services paid for and supplied the related
promotional material. |
19. |
NBRS and Friends both considered that half
of the 75% of the local availabilities currently reserved to promote
Canadian programming services and the community channel and to air
unpaid Canadian public service announcements, be directed exclusively to
the promotion of the 9(1)(h) services. NBRS submitted that access should
be provided to VoicePrint free of charge. |
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Commission’s analysis and determinations
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20. |
The Commission is of the view that,
although the 9(1)(h) services already have access to the local
availabilities, the significance of these services to the Canadian
broadcasting system warrants that some specific portion of the local
availabilities be dedicated exclusively to their promotion. The
Commission, however, considers that this should be accomplished without
significantly affecting the opportunities available for the promotion of
other licensed Canadian programming services, for the promotion of the
community channel and for the broadcast of unpaid Canadian public
service announcements. |
21. |
The Commission has determined that 5% of
the local availabilities currently set aside for the promotion of
licensed Canadian programming services and community channels and for
the broadcast of unpaid Canadian public service announcements should be
made available exclusively for the promotion of the 9(1)(h) services.
Generally, each hour of programming broadcast by a U.S. satellite
programming service contains two minutes of local availabilities, or a
total of 48 minutes in a 24-hour period. Of these 48 minutes, 75% would
equate to approximately 36 minutes per day. Of these 36 minutes, 5%
would represent somewhat less than two minutes, or almost four,
thirty-second announcements promoting the 9(1)(h) services that would be
aired in each broadcast day during the local availabilities contained in
the programming of each U.S. satellite programming service. |
22. |
The Commission directs BDU licensees to
distribute these announcements in a reasonable manner throughout the
day. As with other Canadian programming services, BDU licensees may not
charge licensees of the 9(1)(h) services an amount in excess of their
share of the direct costs associated with the insertion of promotional
material during local availabilities. |
23. |
If the local availabilities that, as a
consequence of the Commission’s determination, must now be reserved for
use by the 9(1)(h) services are not fully subscribed for by these
services, BDU licensees may make the unused time available to other
Canadian programming services, or use it to promote their community
channels or broadcast unpaid Canadian public service announcements. The
above determination does not preclude the 9(1)(h) services from
purchasing additional time in local availabilities. |
24. |
The Commission considers that this approach
will ensure that the 9(1)(h) services have access to an adequate
percentage of the local availabilities to promote their services
effectively, while allowing for the promotion of other Canadian
programming services and programs during local availabilities. |
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Community channel and/or barker channel
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Position of parties
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25. |
The CAB supported the use of the barker
channel and the community channel to promote the 9(1)(h) services. TELUS/SaskTel
also expressed support for such use, provided that it was without cost
to BDU licensees. |
26. |
Several parties suggested that various
specific amounts of promotional time be made available on the community
channel and the barker channel to promote 9(1)(h) services. APTN
proposed that 5% of the promotional time on the barker channel and the
community channel should be set aside for this purpose, while Friends
and NBRS advocated that BDUs set aside 75% of the time available for the
promotion of Canadian programming on the community channel and barker
channel, and that they divide this time equally between the promotion of
drama programming and promotion of the 9(1)(h) services. Bell ExpressVu
proposed to set aside 30 minutes per broadcast day on its barker channel
for the promotion of the 9(1)(h) services. Quebecor proposed that the
Commission grant 9(1)(h) services access to the barker channel similar
to that enjoyed by other Canadian programming services. In addition,
Quebecor was of the view that promotional announcements for 9(1)(h)
services should be provided a place of prominence on the community
channel and that at least as much promotional material for such services
be broadcast as that broadcast for other Canadian programming services.
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27. |
The CCTA, supported by the CCSA and CPAC,
did not consider that the use of the barker channel or the community
channel for the promotion of the 9(1)(h) services was warranted. |
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Commission’s analysis and determinations
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28. |
The Commission notes that the community
channel and the barker channel are already subject to requirements
relating to the promotion of Canadian programs and services. Under
sections 27(1)(b), (1.1) and (1.2) of the Regulations, a maximum of two
minutes during each clock hour of announcements promoting broadcasting
services that a licensee is authorized to provide may be distributed on
the community channel, under the following conditions: |
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(1.1) At least 75% of the time for promotional announcements
broadcast in each broadcast week under paragraph (1)(b) shall be
made available for the promotion of the community channel and for
the promotion, by Canadian programming undertakings other than
related programming undertakings, of their respective services.
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(1.2) A maximum of 25% of the time for promotional announcements
broadcast in each broadcast week under paragraph (1)(b) may be made
available for the promotion of the services of related programming
undertakings, discretionary services and programming packages, cable
FM service and additional cable outlets and for the distribution of
information on customer services and channel realignments.
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29. |
In Revision to the Commission’s Policy
Governing the Distribution of Pay Television Promotional Material
by Cable Television Licensees, Public Notice CRTC 1995-172,
12 October 1995, the Commission revised the terms and conditions
for the operation of barker channels that it had originally set out
in Exhibition of Pay Television Promotional Channel, Decision
CRTC 83-635, 1 August 1983. Under the policy, access to the barker
channel should be made available by a BDU licensee on a non-discriminatory,
equitable manner to all pay and non-pay Canadian television services
that the licensee is authorized to exhibit, and at least 50% of the
time devoted to promotional material in each month must be used for
the promotion of Canadian programs or services. The promotional material
should be supplied to the BDU licensee by the service’s distributor
or its agent and no fees are to be charged for the exhibition of the
promotional material. |
30. |
The Commission considers it appropriate to
apply to the community channel and the barker channel the same approach
that it has decided to apply to local availabilities, with a view to
ensuring that the 9(1)(h) services have access to effective promotional
opportunities, while allowing for promotion of other Canadian
programming services and programs. |
31. |
Accordingly, the Commission has determined
that 5% of all of the promotional time on the community channel that is
currently used by a BDU for the promotion of that channel, or that is
made available for the promotion of Canadian programming services
operated by programming undertakings with which the BDU is not
affiliated, must be set aside for the promotion of the 9(1)(h) services.
Similarly, in the case of the barker channel, of the time currently used
by a BDU for the promotion of Canadian pay and non-pay television
services that the BDU is authorized to distribute, 5% must be set aside
for the promotion of the 9(1)(h) services. The promotional announcements
for the 9(1)(h) services must be distributed in a
reasonable manner throughout the day. |
32. |
If the promotional opportunities that must
now be reserved for use by the 9(1)(h) services on the community channel
are not fully subscribed for by these services, a BDU licensee may use
the time to promote its community channel or make the time available for
the promotion of Canadian programming services operated by programming
undertakings with which the BDU is not affiliated. Promotional
opportunities on the barker channel that must now be reserved for use by
the 9(1)(h) services for their promotion, but which are not fully
subscribed for by these services, may be used by a BDU for the promotion
of all Canadian pay and non-pay television services that the BDU is
authorized to distribute. |
33. |
The approach set out above does not
preclude the 9(1)(h) services from accessing additional time on the
community channels or barker channels. |
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Billing inserts
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Position of parties
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34. |
In their comments, Friends and the
licensees of 9(1)(h) services supported the use of billing inserts to
promote the 9(1)(h) services. TELUS/SaskTel and MTS Allstream Inc. (MTS)
questioned the Commission’s authority to specify that billing inserts be
used for such a purpose. |
35. |
As part of its argument against such use
of billing inserts, Bell ExpressVu cited Equal access – Marketing
information, Telecom Decision CRTC 94-17,
24 August 1994 (Telecom Decision 94-17),
in which the Commission recognized the difficulties associated with
requiring "the telephone companies to provide competitors with
the option of including their own billing inserts in telephone company
regular bill mailings." |
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Commission’s analysis and determinations
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36. |
In the Commission’s view, the interveners
failed to provide any statistical information or other evidence in the
course of this proceeding to demonstrate the effectiveness of billing
inserts to communicate information about programming services. The
Commission finds, in this instance, that the use of billing inserts
would be cumbersome, and that the time and effort required to implement
and monitor a system based around the use of billing inserts would
outweigh their effectiveness. |
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TV listings channels and electronic programming guides
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Position of parties
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37. |
The CAB suggested that each BDU be required
to develop a marketing plan for the 9(1)(h) services that would include
the use of TV listings channels and electronic programming guides (EPGs),
but that there be no specific requirements for BDUs relating to this
plan. |
38. |
APTN suggested that "the Commission develop
rules for placing [the 9(1)(h)] services within the EPG in proximity to
other basic carriage services, such as national television services, and
in proximity to each other." Quebecor indicated that it was willing to
identify the 9(1)(h) services with a special colour or symbol in its
EPGs, while Bell ExpressVu stated that its EPG is organized using
thematic groupings that provide improved visibility for 9(1)(h)
services. |
39. |
NBRS and Friends recommended that "75% of
any time devoted to promotion on TV listing channels and EPGs should be
used to promote the 9(1)(h) services and Canadian drama programming,"
while TELUS/SaskTel, and MTS argued that the Commission does not have
clear authority to direct the use of TV listings channels or EPGs to
promote 9(1)(h) services. |
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Commission’s analysis and determinations
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40. |
EPGs that are alphanumeric in nature do not
fall under the definition of "broadcasting" set out in the Act. They are
therefore not subject to regulation by the Commission. The Commission,
however, encourages distributors to promote 9(1)(h) services in their
EPGs. |
41. |
While the Commission received a number of
suggestions regarding the appropriateness of the use of TV listing
channels to promote the 9(1)(h) services, it did not receive enough
information to make a definitive determination on this matter. The
Commission, nevertheless, encourages distributors to promote 9(1)(h)
services on their TV listing channels. |
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Other mechanisms
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Position of parties
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42. |
The NBRS suggested that a portion of the
airtime allocated to public service announcements by specialty and
conventional programming services be made available for the promotion of
9(1)(h) services, and that this airtime be provided free of charge to
not-for-profit 9(1)(h) services. Similar views were expressed in the
comments filed by Friends and Bell ExpressVu. The CAB promoted the
establishment of "a sustained and focused marketing effort involving
both the [ 9(1)(h)] service itself and the BDU." |
43. |
Several parties suggested incentives that
they considered would encourage BDUs to promote 9(1)(h) services. APTN
proposed that, if BDUs are granted commercial access to local
availabilities, such access should be conditional on the use of some of
the local availabilities for the promotion of the 9(1)(h) services. CPAC
suggested the introduction of a credit system whereby promotional
announcements for the 9(1)(h) services would receive a higher value than
promotional announcements for other Canadian programming services. CPAC
considered that such an approach would allow a BDU to fulfil more easily
the requirement that at least 75% of local availabilities be made
available for use by licensed Canadian programming services for the
promotion of their services, for the promotion of the community channel
and for unpaid Canadian public service announcements. For its part, the
CAB considered that incentives for distributors to promote 9(1)(h)
services are unnecessary, given the significant growth in the revenues
and profits of the cable industry over the past three years. |
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Commission’s analysis and determinations
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44. |
As indicated above, the Commission received
a number of comments in response to Public Notice 2004-46
regarding mechanisms to promote 9(1)(h) services other than those
specifically mentioned in that notice. However, the Commission is
not satisfied that it has sufficient information to make a definitive
determination regarding any of these proposed mechanisms. |
45. |
With respect to the suggestion that incentives
be provided to BDUs for their use of local availabilities to promote
9(1)(h) services, the Commission notes that, in Determinations
on a request by the Canadian Cable Telecommunications Association
for an amendment to the Commission’s policy regarding the use by cable
broadcasting distribution undertakings of local availabilities contained
in the signals of U.S. satellite programming services, Broadcasting
Public Notice CRTC 2005-88, issued today,
it has decided to maintain its policy respecting local availabilities.
In light of this determination, it will not establish any incentive
for BDUs to use local availabilities for this purpose. |
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Other matters
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Equal treatment for all mandated services
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Position of parties
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46. |
NBRS and Friends were of the opinion that
not-for-profit 9(1)(h) services should have free access to local
availabilities. As noted above, Bell ExpressVu argued that, in fairness
to other Quebec-based commercial broadcasters, TVA should not have
access to local availabilities and that its on-air promotional time
should be restricted to the barker channel. |
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Commission’s analysis and determinations
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47. |
The Commission required the distribution of
the four 9(1)(h) services as part of the basic service4
because it considered that mandatory distribution of these services
supports the objectives of the Act, irrespective of whether or not the
services operate on a for-profit basis. The Commission therefore
considers that all 9(1)(h) services should be permitted to take
advantage of any special promotional tools on an equal basis, in light
of their importance to the Canadian broadcasting system. |
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Implementation of the policy
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Position of parties
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48. |
The CAB, NBRS, APTN and Friends recommended
that any change to the Commission’s policies regarding the promotion of
the 9(1)(h) services be implemented by amending the relevant
distribution orders. In addition, APTN recommended that the the
Regulations be amended to incorporate the promotional requirements. |
49. |
Bell ExpressVu was of the view that
measures relating to the promotion of the 9(1)(h) services should not be
introduced as requirements or in formal regulations, but rather as
expectations. |
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Commission’s analysis and determinations
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50. |
The Commission finds it appropriate that
the measures for the promotion of 9(1)(h) services set out below be
introduced as expectations rather than as requirements specified in
amendments to the Regulations or the relevant distribution orders. The
Commission will, however, monitor the progress of the industry in
implementing these expectations. Should it determine that the measures
set out in this notice are not being implemented by BDUs, the Commission
may issue an Order under section 9(1)(h) of the Act requiring them to do
so. |
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Conclusion
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51. |
In light of the determinations set out
above, and in order to promote and improve the visibility of the 9(1)(h)
services, the Commission hereby revises its policy respecting local
availabilities by applying expectations to the licensees of BDUs that
each: |
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- set aside, for the promotion of the 9(1)(h) services, 5% of the
time occupied by local availabilities that are made available for the
promotion of licensed Canadian programming services, the community
channel and the broadcast of unpaid Canadian public service
announcements;
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- set aside, for the promotion of the 9(1)(h) services, 5% of all
promotional time on the community channel that is currently used for
the promotion of that channel, or that is made available for the
promotion of Canadian programming services operated by programming
undertakings with which the BDU is not affiliated;
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- set aside, for the promotion of the 9(1)(h) services, 5% of all
promotional time on the barker channel that is currently used for the
promotion of Canadian pay and non-pay television services that the BDU
is authorized to distribute; and
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·3 distribute promotional announcements for the 9(1)(h) services
in a reasonable manner throughout the day.
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52. |
The Commission further encourages licensees
of BDUs to promote the 9(1)(h) services on their TV listings channels
and in their EPGs. |
53. |
The Commission reminds licensees of BDUs
that they may not charge the operators of Canadian programming services,
including those of 9(1)(h) services, an amount in excess of the share of
the direct costs incurred by the BDU licensees for the insertion of
promotional material during local availabilities. |
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Secretary General |
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
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Footnotes:
Specifically, Distribution Order 2002-1, set out in Appendix
2 to Decision 2002-377,
identifies as those that must distribute CPAC as part of the basic
service, the “licensees of Class 3 distribution undertakings that
have a nominal capacity of at least 550 MHz and that deliver any programming
services on a digital basis, and licensees of Class 3 distribution
undertakings whose distribution system is totally interconnected with
another system”.
“Barker
channels” are dedicated channels that promote Canadian pay and other
television services.
Bell ExpressVu
Inc., (the general partner), and BCE Inc. and 4119649 Canada Inc.
(partners in BCE Holdings G.P., a general partnership that is the
limited partner), carrying on business as Bell ExpressVu Limited
Partnership.
As noted
earlier, the 9(1)(h) order pertaining to TVA specifies that, except
those that are not otherwise required to distribute TVA by condition of
licence or pursuant to the Regulations, Class 1 and Class 2 BDU
licensees, and the licensees of DTH BDUs, must distribute TVA as part of
the basic service. |