|
Broadcasting Public Notice CRTC 2002-72
|
|
Ottawa, 19 November 2002
|
|
Amendments to the Broadcasting Distribution Regulations
– Distribution of the proceedings of the House of Commons and
its various committees
|
|
The Commission has adopted amendments to the Broadcasting
Distribution Regulations as set out in the appendix to this
notice. The amendments came into effect on 1 September
2002 and were published in Part II of the Canada Gazette on
11 September 2002.
|
1. |
In The distribution of the proceedings of the House of Commons
on CPAC, Public Notice CRTC 2001-115, 6 November 2001 (Public
Notice 2001-115), the Commission announced its new policy to make
available the proceedings of the House of Commons and its various
committees in both official languages to most cable and satellite
subscribers across the country. The Commission also announced that
it intended to amend the Broadcasting Distribution Regulations
(the Regulations) to implement the policy and that these amendments
would come into effect 1 September 2002. |
2. |
In Call for comments – Proposed amendments to the Broadcasting
Distribution Regulations, Broadcasting Public Notice CRTC 2002-34, 5 July 2002 (Public Notice
2002-34) and Call for
comments – Proposed amendments to the Broadcasting
Distribution Regulations – Extension of deadline for comments,
Broadcasting Public Notice CRTC 2002-34-1, 1 August 2002, the
Commission invited public comments as to whether the proposed
amendments accurately reflected the Commission policy set out in
Public Notice 2001-115. |
3. |
The Commission received six comments. Two of the comments filed
addressed the issue of whether the proposed amendments accurately
reflected the Commission policy set out in Public Notice 2001-115.
These comments are addressed below. The four other comments involved
changes to the policy and were therefore outside the scope of the
proceeding initiated by Public Notice 2002-34. |
|
Definition of "House of Commons programming service"
|
|
CPAC’s position
|
4. |
In its comments, Cable Public Affairs Channel Inc. (CPAC) stated
that the proposed amendments largely reflect the policy. However, it
was concerned that the proposed definition of "House of Commons
programming service" could be interpreted as excluding CPAC as
a source of television proceedings of the House of Commons for the
purposes of the Regulations. The proposed Regulations included the
following definition: |
|
"House of Commons programming service" means the
programming service consisting of the proceedings of the House of
Commons and its various committees.
|
5. |
CPAC stated that the use of the article "the" and the
words "consisting of" in the proposed definition appears
to suggest that there is a single programming service already in
existence, separate from CPAC and available to broadcasting
distribution undertakings (BDUs), that consists solely of
proceedings of the House of Commons and its committees. CPAC noted
that this is not the case and that CPAC itself does not distribute
such a service.
|
6. |
Therefore, CPAC suggested that the definition be modified to
replace the words "consisting of" by the words
"comprising" or "including". Under this
proposal, the "House of Commons programming service" would
be defined as "the programming service comprising (or including)
the proceedings of the House of Commons and its various
committees", and all of CPAC’s programming, including its
public affairs portion, would be subject to the distribution
requirement. Accordingly, services that provide very limited
coverage of the House of Commons proceedings, for example excerpts
of the proceedings within public affairs programming, would also be
captured by the proposed definition. |
|
Commission determination
|
7. |
In Public Notice 2001-115, at paragraphs 27 and 28, the
Commission emphasized that its objective was aimed at including
within the definition the programming service only of undertakings
covering the entire proceedings of the House of Commons, as well as
of its committees: |
|
27. CPAC’s public affairs programming is regarded by the
Commission as a significant and valuable component which
complements the proceedings of the House of Commons and its
committees. At the same time, the Commission is of the view that
coverage of the proceedings themselves is primarily what makes
CPAC a unique and vital service. It is this component that is
essential to "safeguard, enrich and strengthen the cultural,
political, social and economic fabric of Canada." [Broadcasting
Act, section 3 (1)d)(i)].
|
|
28. Therefore, consistent with its
recommendation in the Report1,
the Commission has determined that its main objective in this
matter should be ensuring that a majority of Canadians have access
to the proceedings of the House of Commons and its committees, in
the official language of their choice.
|
8. |
Given that CPAC’s proposal would be contrary to the intent
expressed in Public Notice 2001-115, the Commission does not adopt
the changes. |
9. |
Nevertheless, the Commission recognizes that the definition of
"House of Commons programming service" included in the
proposed amendments raises an issue as it may be interpreted as
capturing every programming service that provides coverage of the
proceedings of the House of Commons, i.e. every service that
provides edited portions of the proceedings of the House of Commons.
|
10. |
In order to address CPAC’s concern and to ensure that the
definition accurately reflects the policy, the Commission adopts the
following clarified definition: |
|
"House of Commons programming service" means the
programming service of an undertaking required by the Commission
to cover the entire proceedings of the House of Commons.
|
11. |
In Parliamentary and Provincial or Territorial Legislature
Proceedings Exemption Order: Amendments to previous order in force, Broadcasting
Public Notice CRTC 2002-73, the Commission has amended the House
of Commons and Provincial or Territorial Legislature Proceedings
Exemption Order (the Exemption Order), pursuant to which
coverage of the proceedings of the House of Commons and its various
committees is provided. The amended Exemption Order describes the
programming service provided by an exempt undertaking as including
coverage of the Senate of Canada and its various committees, as
provided by the Speaker or appropriate committee responsible for
broadcasting matters. The Commission notes that the definition of
"House of Commons programming service" adopted here
encompasses such programming. However, the Commission intends to
amend this definition in due course to more explicitly reflect today’s
amendments to the Exemption Order.
|
|
Distribution by affiliated Class 3 BDUs
|
|
CPAC’s position
|
12. |
In its comments, CPAC noted that the proposed amendments do not
include the provision contemplated in paragraph 48 of Public Notice 2001-115, that affiliated
Class 3 BDUs2 that currently
distribute the House of Commons proceedings be required to continue
such distribution. Accordingly, CPAC stated that if the Commission
intended to implement this element of its policy, further regulatory
steps would appear to be necessary. |
|
Commission determination
|
13. |
In paragraph 48 of Public Notice 2001-115, the Commission sought
to balance the importance of the proceedings of the House of Commons
to Canadians with the unique circumstances of small distributors. As
a matter of policy, the Commission considers that affiliated Class 3
BDUs should continue to distribute the proceedings in the manner
described, while not making this a requirement under the
Regulations.
|
|
CCTA’s position
|
14. |
In its comments, the Canadian Cable Television Association (CCTA)
suggested that the proposed amendments to the Regulations
establishing the distribution requirements for DTH broadcasting
distribution undertakings were analogous to the amendments
pertaining to Class 3 licensees with 550 MHz or more capacity, in
that both classes of undertakings would be required to distribute
"the English and French language versions of the House of
Commons programming service".
|
15. |
The CCTA further stated:
|
|
Presumably, the Commission’s determination in PN 2001-115
that DTH providers must distribute the House of Commons
proceedings in both official languages means that DTH BDUs –
consistent with the requirements for high capacity digital Class 1
and 2 cable systems (750 MHz or more) – must carry the service
on two separate video channels. As such, CCTA is concerned that
the current wording could be interpreted as requiring Class 3
systems that are digital and over 550 MHz to also carry the
proceedings of the House of Commons using two separate video
channels.
|
|
Commission determination
|
16. |
The Commission considers that the CCTA’s interpretation with
respect to Class 3 BDUs is in error. The Commission emphasizes that
the policy and the amendments to the Regulations purposely do not
specify by what technical means the service must be distributed.
Acordingly, Class 3 BDUs employing digital distribution with 550 MHz
or more capacity are granted flexibility with respect to the
technical means by which they distribute the House of Commons
programming service in both official languages.
|
|
The amendments
|
17. |
The Commission has adopted the amendments proposed in Public
Notice 2002-34, with the modification to the definition of the
"House of Commons programming service". The amendments set
out in the appendix to this notice came into effect on 1 September
2002 and were published in the Canada Gazette, Part II on 11
September 2002.
|
|
Secretary General
|
|
This document is available in alternate format upon request and
may also be examined at the following Internet site: http://www.crtc.gc.ca
|
|
1 Report
on French-language broadcasting services in a minority environment, Public
Notice CRTC 2001-25, 12 February 2001.
2 "Affiliated Class 3
BDUs" refers to undertakings that are owned by one of the four
largest multiple system operators |
|
REGULATIONS AMENDING THE
BROADCASTING DISTRIBUTION REGULATIONS
|
|
AMENDMENTS
|
|
1. (1) Paragraph (c) of the definition "available
channel" in section 1 of the Broadcasting Distribution
Regulations1 is replaced by the following:
|
|
(c) the House of Commons programming service; or
|
|
(2) Section 1 of the Regulations is amended by adding the
following in alphabetical order:
|
|
"House of Commons programming service" means the
programming service of an undertaking required by the Commission
to cover the entire proceedings of the House of Commons. (service
de programmation de la Chambre des communes)
|
|
2. Subsection 17(1) of the Regulations is amended by striking out
the word "and" at the end of paragraph (g) and by
adding the following after paragraph (h):
|
|
(i) if the licensee is operating in a francophone market
within the meaning of paragraph 18(4)(a), the House of
Commons programming service, including the main audio channel of
that service in the French language and an auxiliary audio channel
of the service in the English language; and
|
|
(j) if the licensee is operating in an anglophone market
within the meaning of paragraph 18(4)(b), the House of
Commons programming service, including the main audio channel of
that service in the English language and an auxiliary audio
channel of the service in the French language.
|
|
3. The heading before section 18 of the Regulations is replaced
by the following:
|
|
Access for Specialty, Pay Television and Television
Pay-per-view Services and for the House of Commons Programming
Service
|
|
4. Subsection 18(11.1) of the Regulations is amended by striking
out the word "and" at the end of paragraph (a) and
by adding the following after paragraph (b):
|
|
(c) the House of Commons programming service, including
the main audio channel of that service in the English language if
the licensee is operating in a francophone market within the
meaning of paragraph 18(4)(a); and
|
|
(d) the House of Commons programming service, including
the main audio channel of that service in the French language if
the licensee is operating in an anglophone market within the
meaning of paragraph 18(4)(b).
|
|
5. Subsection 20(2) of the Regulations is replaced by the
following:
|
|
(2) If a licensee distributes a programming service that
comprises the proceedings of the legislature of the province in
which its undertaking is located, the licensee shall include that
service as part of its basic service, unless the operator of the
programming service agrees in writing to the distribution of its
service as a discretionary service.
|
|
6. The heading before section 33.3 of the English version of the
Regulations is replaced by the following:
|
|
Television Programming Services that Must Be Distributed by
Licensees Using Digital Technology
|
|
7. (1) Subsection 33.3(1) of the Regulations is amended by
striking out the word "and" at the end of paragraph (a),
by adding the word "and" at the end of paragraph (b)
and by adding the following after paragraph (b):
|
|
(c) the English and French language versions of the
House of Commons programming service.
|
|
(2) Section 33.3 of the Regulations is amended by adding the
following after subsection (2):
|
|
(2.1) A licensee whose distribution system is totally
interconnected with another system shall distribute the English and
French language versions of the House of Commons programming service
with the same distribution status as the system with which it is
interconnected, unless the licensee does not have the technological
capacity to do so.
|
|
8. Section 37 of the Regulations is amended by striking out the
word "and" at the end of paragraph (a), by adding
the word "and" at the end of paragraph (b) and by
adding the following after paragraph (b):
|
|
(c) the English and French language versions of the
House of Commons programming service.
|
|
9. Subsection 40(2) of the Regulations is repealed.
|
|
coming into force
|
|
10. These Regulations come into force on September 1, 2002.
|
|
_________________
1 SOR/97-555 |