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Decision CRTC 2001-729
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Ottawa, 29 November 2001
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MusiquePlus inc.
Across Canada 2001-0299-7
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19 June 2001 Public Hearing
National Capital Region
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Licence renewal for MusiquePlus
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The Commission renews the licence for the specialty television
service "MusiquePlus" for a full term. As discussed at the
public hearing, the Commission has made certain amendments to the
conditions of licence for the specific purpose of defining and
clarifying the conditions relating to the nature of service. In
addition, the Commission has required MusiquePlus to increase the
minimum annual amount that it allocates to VideoFACT for the
development and production of Canadian music video clips.
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1. |
The Commission renews the broadcasting licence issued to
MusiquePlus inc. (MusiquePlus) for the national French-language
specialty television service known as "MusiquePlus" from 1
December 2001 to 31 August 2008, subject to the conditions
specified in the appendix to this decision and in the licence to be
issued. The Commission notes that MusiquePlus has complied with all
conditions of its licence during the current licence term. |
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Nature of service |
2. |
The large number of specialty television services licensed by the
Commission over the years has meant that the description of the
nature of the service provided by each of these undertakings has
assumed increasing importance. More precise descriptions could
enable the Commission to ensure that the various services are
complying with the provisions of its policies, particularly those
that require services to complement rather than to compete with each
other.
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3. |
At the public hearing, the Commission discussed with the licensee
the possibility of better defining the nature of the MusiquePlus
service, by specifying the program categories from which its
programming may be drawn and by adding certain guidelines similar to
those imposed on its English-language counterpart, MuchMusic, at the
time of its most recent licence renewal (Decision CRTC 2000-138).
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4. |
While the licensee acknowledged that these two music services are
similar in approach and concept, it emphasized that they
nevertheless serve two different markets having distinctly different
linguistic and cultural realities. MusiquePlus cited as a positive
factor that it is licensed to broadcast programs drawn from a large
number of categories. The licensee stated that MusiquePlus has
become the preferred cultural channel for youth and young adults,
who tune to its service not only for its musical content, but also
for news of events occurring within Quebec’s cultural landscape
and for information about performances and various other matters
that concern young people. In addition, since MusiquePlus supports a
number of social causes that are not directly related to music, but
are nonetheless of interest to youth, such as the homeless and young
offenders, the licensee proposed that the description of its nature
of service specify that 90% of the programming must have a
connection to music-related programs.
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5. |
With regard to the guidelines to be used in defining the nature
of service, the licensee stated that it would accept a condition of
licence requiring that a minimum of 50% of MusiquePlus programming
be devoted to the exhibition of music video clips
(category 8b); this percentage is less than the 65% imposed on
MuchMusic. To justify this lower percentage, the licensee cited
cultural differences, in particular the fact that artists and actors
are invited to appear far more often on MusiquePlus due to the
importance of the "star system" in Quebec. Further, the
licensee agreed to various conditions similar to those applied to
MuchMusic concerning, for example, the devotion of a maximum of 15%
of the broadcast week to ongoing comedy series (sitcoms), specials,
mini-series and made-for-TV feature films, and animated television
programs and films (categories 7b, 7c and 7e); the broadcast of no
more than six hours per week of theatrical feature films
(category 7d); and the devotion of a maximum of 5% of the
broadcast week to analysis and interpretation (category 2a).
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6. |
Based on the list of programs provided by the licensee in its
licence renewal application, the Commission has amended the
conditions of licence relating to the nature of service by
specifying the program categories from which these programs are to
be drawn. It has also added conditions of licence that accord with
the guidelines proposed or accepted by the licensee at the public
hearing. These conditions are appended to this decision.
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Broadcast of Canadian music video clips and French-language music
video clips
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7. |
In its licence renewal application, the licensee proposed to
adhere throughout the new licence term to the percentages currently
specified for the broadcast of Canadian music video clips and
French-language music video clips, namely 30% and 35%, respectively.
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8. |
In its intervention, the Association québécoise de l’industrie
du disque, du spectacle et de la vidéo (ADISQ) requested that
MusiquePlus be required to increase these percentages by 1% per year
for five years, beginning in the second year of the new licence
term, so that exhibition levels of 35% Canadian music video clips
and 40% French-language music video clips are attained by the sixth
year. ADISQ maintained that an increase in the requirements would
have the effect of generating greater production. It cited the
example of the radio industry, and the Commission’s requirement
for the broadcast of 65% French-language vocal music by
French-language radio stations. It added that the proposed
percentage of 35% Canadian music video clips complies with the 35%
Canadian content currently required of commercial radio stations.
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9. |
In its reply, the licensee pointed out that, in 1993, Canadian
music video clips and French-language music video clips accounted
for 15% and 8% respectively of new recordings, whereas in 2000,
these figures were 17% and 11% respectively, an increase of only 2%
and 3% over a seven-year period. The licensee was thus concerned
that an increase in the required levels of music video clips, both
Canadian and French-language, would result in an overexposure of
these clips. ADISQ stated at the public hearing that it had not done
a comprehensive analysis of the availability of Canadian and
French-language music video clips, but that the data provided by the
licensee appeared to be correct.
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10. |
Regarding the comparison between its service and the radio
industry, the licensee stated that, while any new album provides
several new musical selections for broadcast on radio, a new album
will generally result in the production of only one music video
clip. It also noted that, at the time of MuchMusic's most recent
licence renewal, the Commission maintained the exhibition percentage
for Canadian music video clips at 30%. Considering that the
French-language market is more limited than the English-language
market, the licensee argued that maintaining the status quo is even
more appropriate, for both the percentage of Canadian music video
clips and that of French-language music video clips.
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11. |
Having considered the arguments of both the licensee and the
intervener, the Commission has decided not to impose any additional
or greater requirement for the broadcast of Canadian music video
clips and French-language music video clips. The Commission notes
that MusiquePlus contributes in various other ways to the Canadian
music industry, in particular by showcasing Canadian artists and
through its contributions to the production of Canadian music video
clips, as described in the next section. Maintaining the present
exhibition levels will also ensure that the licensee has the
flexibility it requires to operate its service successfully.
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12. |
The Commission nevertheless encourages the licensee to exceed the
minimum percentages of 30% Canadian music video clips and 35%
French-language music video clips established in the conditions of
licence appended to this decision. Further, at the time of the next
licence renewal for MusiquePlus, the Commission will expect the
licensee to propose an increase in the percentages for Canadian and
French-language video clips in its programming.
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Contributions to the production of Canadian music videos
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13. |
MusiquePlus is currently required to allocate, at a minimum, the
greater of 2.4% of its previous year's gross revenues or $100,000
per broadcast year to the development and production of music video
clips. The amounts are paid to the VideoFACT organization, which is
responsible for redistributing this financing among Canadian artists
wishing to produce music video clips. In its licence renewal
application, the licensee proposed to maintain its commitments to
VideoFACT during the next licence term.
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14. |
In its examination of the licensee’s plans in this area, the
Commission has determined that the licensee did not include all of
its revenues in the calculation of its contributions to VideoFACT.
In the interest of consistency of treatment of the licensees of
other specialty television services, the Commission considers it
appropriate to clarify the meaning of the expression "gross
revenues" used in the condition of licence.
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15. |
The licensee stated that the revenues to be used in establishing
its contribution to VideoFACT should be those earned solely through
its broadcasting activities. In its opinion, revenues for this
purpose should not include those that are not directly related to
economic activity (distribution and advertising fees) that are not
subject to the regulatory regime or the licence fee regime. In this
context, the licensee differentiates between the different types of
revenues as follows:
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Revenues to be included in the
calculation, according to MusiquePlus, are:
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· Distribution fees (subscriptions);
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· Monetary advertising revenues,
including infomercial revenues (national advertising after agency
commissions);
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· Non-monetary advertising revenues if
they derive from non-monetary exchanges for goods and services
(contra advertising) with third parties.
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Revenues to be excluded, according to
MusiquePlus, are:
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· Non-monetary exchanges related to the
broadcast of media advertising (contra advertising) with similar
undertakings;
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· Resale of Canadian programs to third
parties;
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· Production;
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· Interest;
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· Commissions on sales of advertising
for a third party (for example, a MusiquePlus representative selling
advertising for MuchMusic);
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· Other revenues;
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· Internet.
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16. |
In imposing conditions of licence on broadcasters that are based
on a calculation of their gross revenues, the Commission's intent
has been that broadcasters include all of their revenues in their
calculations. This would include the various types of revenues
currently being excluded by MusiquePlus, with the exception of those
generated by its Internet activities. This means that generally all
revenues that are accessory to its primary broadcasting activities
are included. The Commission's intent has been to ensure consistency
across the industry and to simplify the calculations required by
such a condition of licence. The exclusion of Internet revenues is
consistent with the Commission's new media policy (Public Notice
CRTC 1999-84).
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17. |
The Commission therefore confirms that, for purposes of applying
the appended condition of licence relating to the contributions by
MusiquePlus to VideoFACT, gross revenues include all revenues
related to the presence of the service on Canadian broadcast
airwaves, except revenues generated by the Internet. The Commission
notes that it issued an administrative renewal of the licence for
MusiquePlus from 1 September to 30 November 2001, under the same
terms and conditions as the licence then in effect (Decision CRTC 2001-165). The requirement that MusiquePlus contribute 2.4% of its
gross revenues to VideoFACT is thus an ongoing requirement that has
been in effect both before and after 1 September 2001. Accordingly,
the Commission specifies that this clarified method of calculation
shall apply as of the broadcast year beginning
1 September 2001.
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18. |
In its intervention, ADISQ requested that the Commission require
an increase in the financial contribution by MusiquePlus to support
the production of Canadian music video clips. ADISQ proposed that
this increase be introduced gradually, growing from the current rate
of 2.4% of gross revenues to 3.4% in the second year, 4.4% in the
fourth year and 5% in the sixth year of the new licence term.
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19. |
In support of its request, ADISQ pointed out that the required
contribution of 2.4% of gross revenues has remained unchanged since
MusiquePlus began operations in 1988 and that the service is now
well established in its market, with a solid financial foundation.
ADISQ also noted that the current 2.4% level is substantially lower
than that imposed on such other music-based specialty services as
MuchMusic and Country Music Television (CMT). Since their most
recent licence renewals, these other services have been required, by
condition of licence, to devote 7% and 11% respectively of their
gross revenues exclusively to the production of Canadian music video
clips.
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20. |
In reply to the intervention, the licensee objected to any
increase by the Commission in the percentage of its contribution to
VideoFACT, arguing that this could affect the profitability of its
service. It also stated that it was contributing in other ways to
the development of Canadian talent, particularly through its
payroll, which is much larger than that of other music based
services and of other French-language specialty services.
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21. |
The Commission sets its requirements for a percentage
contribution to Canadian talent following an analysis of a
licensee's profitability and of its capacity to absorb any increase
in this requirement. In 2000, the profit before interest and tax
(PBIT) of MusiquePlus was 10.8%, whereas for CMT it was 18.8% and
for MuchMusic, 24.6%. On the other hand, MusiquePlus is owned in
equal proportions by two large broadcasting groups which have
considerable resources - Groupe de Radiodiffusion Astral inc.
(Groupe Astral) and CHUM Limited.
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22. |
The Commission considers that, even though the existing
requirements for the broadcast of Canadian music video clips and
French-language music video clips continue to be appropriate at this
time, there should be an increase in funding for Canadian music
video clip production. Accordingly, an appended condition of
licence requires that, effective 1 September 2002, and for
the remainder of the licence term, MusiquePlus shall allocate a
minimum of 3.4% of the previous year's gross revenues to VideoFACT
for the development and production of Canadian music video clips.
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Reflection of Francophone minority communities
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23. |
In its Report on French-language broadcasting services
in a minority environment (Public Notice CRTC 2001-25), the Commission stated that, at the time it would consider
the licence renewal of MusiquePlus and other French-language
specialty services having distribution across Canada, it would also
examine how they might more effectively ensure that their
programming reflects and represents French-language minority
communities.
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24. |
At the public hearing, the licensee emphasized its collaboration
with MuchMusic in the program entitled "French Kiss".
MusiquePlus provides MuchMusic with the music video clips and
reports that are included in this 30-minute program broadcast five
days a week on MuchMusic. The licensee added that it broadcasts all
the reports it can obtain from MuchMusic dealing with Francophones
outside Quebec. The licensee also stated that, if its service were
to receive wider distribution across Canada, it would broadcast such
reports on a regular basis in order to better reflect the Canadian
Francophone community.
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25. |
The Commission expects MusiquePlus to increase its efforts to
more effectively reflect the realities of French-language minority
communities across Canada. The Commission intends to review the
situation with the licensee when it considers its next licence
renewal.
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26. |
In PN 2001-25, the Commission noted the statement by Groupe
Astral at the hearing indicating that the wholesale rates it offers
to distributors outside its main language markets are generally
between 10% and 15% of the rates offered per subscriber in its main
markets, and that this approach would be maintained in the future.
The Commission indicated in its notice that, in order to enhance the
delivery and the accessibility of broadcasting services in a
minority environment, it expected specialty services to apply
wholesale rates that are consistent with those proposed at the
public hearing of 18 October 2000. The Commission reiterates
the expectation set out in PN 2001-25.
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Cultural diversity
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27. |
The Commission expects MusiquePlus, and all other specialty and
pay television licensees, to contribute to a broadcasting system
that accurately reflects the presence in Canada of cultural and
racial minorities and Aboriginal peoples. The Commission further
expects licensees to ensure that their on-screen portrayal of all
such groups is accurate, fair and free of stereotypes. These
expectations are fully in keeping with
section 3 (1)(d)(iii) of the Broadcasting Act,
which states that the Canadian broadcasting system should,
"through its programming and the employment opportunities
arising out of its operations, serve the needs and interests, and
reflect the circumstances and aspirations, of Canadian men, women
and children, including equal rights, the linguistic duality and
multicultural and multiracial nature of Canadian society and the
special place of Aboriginal peoples within that society." |
28. |
In Public Notice CRTC 2001-88, Representation of cultural
diversity on television – Creation of an industry/community task
force, the Commission called upon the Canadian Association of
Broadcasters (CAB) to develop an action plan for a joint
industry/community task force. The role of this task force is to
sponsor research, identify "best practices", and help
define the issues and present practical solutions to ensure that the
Canadian broadcasting system reflects all Canadians. In its notice,
the Commission emphasized the importance of having the participation
of all sectors of the broadcasting industry, including specialty
services.
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29. |
At the hearing, the licensee noted that, from the time its
service first commenced operation, minority groups have found
representation in the programming of MusiquePlus. It added that it
constantly seeks to broadcast music in all genres, thereby
reflecting the tastes and preferences of a large diversity of
cultures. The Commission commends the licensee on the leadership it
has shown in this regard. It also notes the licensee’s
confirmation at the hearing of its plans to participate in the
working group discussed in Public Notice CRTC 2001-88 and, if
necessary, to provide this group with financial support. The
Commission expects MusiquePlus to contribute to the activities of
the working group. |
30. |
The Commission further expects the licensee to develop and
implement a comprehensive corporate plan that explains how
MusiquePlus intends to continue to improve its representation of
Canada’s cultural diversity, and to file its plan with the
Commission within three months of the date of this decision. The
plan should include specific commitments to corporate accountability
and to the reflection of diversity in programming, and should make
provision for the gathering of feedback on the effectiveness of
these commitments. The plan should also set goals for achieving the
full, fair and consistent reflection of diversity in Canada. |
31. |
With respect to corporate accountability, the plan should
address how MusiquePlus will create an environment that supports the
cultural diversity objectives outlined above, by:
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· creating a corporate culture that
recognizes and supports Canada’s cultural diversity; |
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· assigning accountability to a senior
executive for corporate practices related to cultural diversity, and
for ensuring that management becomes more reflective of Canada’s
multicultural reality; |
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· ensuring that managers receive proper
training; |
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· ensuring that regular opportunities
are provided for assessing progress towards attaining these
objectives and for identifying future opportunities and challenges;
and |
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· setting out plans for the hiring,
retention and ongoing training of visible minorities and Aboriginal
peoples. |
32. |
With respect to the reflection of diversity in programming,
the plan should focus on how the licensee will ensure the presence
and the fair, accurate and non-stereotypical portrayal of cultural
minorities and Aboriginal peoples in the programming it produces or
acquires. Specifically, the plan should include provisions for
making certain that:
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· on-air personalities reflect Canada’s
diversity; |
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· those responsible for casting, in
particular for casting leading and recurring roles, make a concerted
effort to hire visible minority and Aboriginal actors; |
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· those responsible for script
development ensure that minorities and Aboriginal peoples are not
portrayed stereotypically; and |
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· programming obtained from independent
producers reflects the presence of visible minorities and Aboriginal
peoples in Canadian society and provides for their accurate
portrayal. |
33. |
As for feedback, the corporate plan should describe the
specific mechanisms the licensee will put in place to ensure that it
receives effective input from community groups concerning its
performance in reflecting cultural diversity in programming.
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On-air presence |
34. |
The Commission reminds the licensee that the expectations set out
above with respect to cultural diversity are over and above the
longstanding and more general expectations concerning employment
equity in on-air presence. Specifically, the Commission expects the
licensee to continue to ensure that the on-air presence of members
of the four designated groups (women, Aboriginal persons, disabled
persons and members of visible minorities) is reflective of Canadian
society, and that members of these groups are presented fairly and
accurately. |
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Closed captioning |
35. |
The Commission is committed to improving the services offered to
television viewers who are deaf or hearing impaired. Over the period
since the Commission announced its policy on closed captioning in
Public Notice CRTC 1995-48, it has consistently encouraged
broadcasters to increase the amount of captioned programming they
provide. The Commission now requires the licensees of conventional
television, specialty and pay television undertakings to achieve a
minimum level of captioned programming appropriate to the nature of
the service that each provides. Generally, the specified minimum
requirement for English-language services is 90% of all programming. |
36. |
The closed captioning requirement imposed on this and on other
French-language services is less than the 90% level required of
English-language services. This is in recognition of the
significantly greater challenges involved in captioning
French-language programming.
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37. |
In the case of MusiquePlus, the licensee stated that all music
video clips produced with the financial support of VideoFACT,
MusiqueAction and the Harold Greenberg Fund are captioned. These
represent more than half the music video clips broadcast by
MusiquePlus. In the case of foreign music video clips, the licensee
indicated that most of them are not captioned. The licensee is of
the opinion that 90% of the Canadian music video clips broadcast by
MusiquePlus will be close-captioned by the end of the new licence
term. In addition, it will also attempt to ensure that 90% of
pre-recorded programs produced by MusiquePlus, other than music
video clips, are captioned by the end of the new licence term.
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38. |
Consistent with this commitment and with the Commission’s
general approach to French-language services, it expects the
licensee to gradually increase the level of captioning it provides,
and requires it, by condition of licence, to achieve a
minimum captioning level of 50% for all programming, except music
videos, aired during the broadcast day, beginning no later than
1 September 2006 and continuing throughout the remainder of the
licence term. |
39. |
The Commission also advises the licensee that, at the time of its
next licence term, the Commission intends to require this service to
provide captioning for a minimum of 90% of all programming other
than music videos. Accordingly, the Commission encourages the
licensee, by the end of the licence term, to caption 90% of all
programming other than music videos during the broadcast day. |
40. |
In addition, the Commission expects the licensee to focus on
improving the quality, reliability and accuracy of closed
captioning, and to work with representatives of the deaf and hard of
hearing community to ensure that captioning continues to meet their
needs. The Commission further expects the licensee to support and
participate in any industry/community initiatives designed to
improve the quality and quantity of captioning in French,
particularly of real-time captioning.
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Service to the visually impaired |
41. |
At the hearing, the licensee suggested that video description has
a far more effective role to play in the broadcast of drama
productions than it does in the presentation of music videos. It
indicated, however, that it already has access to a certain amount
of the equipment required to provide video description, and that it
was prepared to take all necessary steps to keep pace with the
progress of other broadcasters in this area. |
42. |
The Commission notes in this regard that, in decisions issued
last December, it encouraged the licensees of new Category 1
specialty services, over their licence terms, to provide increasing
amounts of programming accompanied by audio or video description.
More recently, in decisions issued in the summer of this year
renewing the licences for the television stations owned by CanWest
Global, CTV and TVA, the Commission set out requirements regarding
the provision of increasing amounts of such programming. |
43. |
"Audio description" and "video description"
or "described video" are methods of improving the service
that television broadcasters provide to people who are visually
impaired. Audio description involves the provision of basic
voice-overs of textual or graphic information displayed on the
screen. A broadcaster providing audio description will, for example,
not simply display sports scores on the screen, but also read them
aloud so that people who are visually impaired can receive the
information. |
44. |
Video description, or described video as it is also known,
consists of narrative descriptions of a program’s key visual
elements that enable people who are visually impaired to able to
form a mental picture of what is occurring on the screen. These
descriptions can be provided on the Secondary Audio Programming
(SAP) channel. Not all broadcasters are currently equipped to
deliver a SAP signal. Thus, the introduction of described video via
the SAP channel could require significant capital expenditures to
upgrade a licensee’s transmission facilities. |
45. |
The Commission notes the increasing amount of described
programming available for acquisition, particularly from U.S.
sources. It notes as well the encouragement given to the operators
of the new category 1 specialty services and the requirements it has
placed on the television stations operated by CTV, Global and TVA
concerning the provision of such programming. In its discussions
with MusiquePlus, the Commission sought the licensee’s views on
the implementation of audio description, video description or
described audio. The Commission considers it reasonable to expect
the operators of the pay and specialty services whose licences are
being renewed at this time to take steps to respond to the needs of
viewers who are visually impaired. |
46. |
Accordingly, the Commission expects the licensee to: |
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· provide audio description (defined as
the provision of basic voice-overs of textual or graphic information
displayed on screen) wherever appropriate: |
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· undertake the necessary upgrades to
permit the broadcast of described programming (for example, via the
SAP channel). |
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· acquire and broadcast the described
versions of a program wherever possible; and |
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· take the necessary steps to ensure
that its customer service responds to the needs of visually impaired
viewers. |
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Interventions |
47. |
The Commission has considered all interventions submitted in
regard to this application. |
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Related CRTC documents |
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• Decision 2001-165 – Administrative renewal
for MusiquePlus |
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• Public Notice 2001-88 – Representation
of cultural diversity on television – Creation of an
industry/community task force |
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• Public Notice 2001-25 - Achieving
a better balance: Report on French-language broadcasting services in
a minority environment |
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• Decision 2000-138 - Licence
renewal for MuchMusic |
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• Public Notice 2000-42 - Certification
for Canadian Programs - A revised approach |
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• Decision 94-710 – Licence
renewal for MusiquePlus |
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Secretary General
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This decision is to be
appended to the licence. It is available in alternative format upon
request, and may also be examined at the following Internet site: http://www.crtc.gc.ca
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Appendix to Decision CRTC 2001-729
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Conditions of licence for MusiquePlus
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1. The licensee shall provide a
French-language specialty television service of which at least 90%
of the programming has a connection to music-related programs. |
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2. The programming must be drawn
exclusively from the following categories, as set out in Schedule I
to the Specialty Services Regulations, 1990: |
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1 - News
2a - Analysis and interpretation
2b - Long-form documentary
3 - Reporting and actualities
5b - Informal education/recreation and leisure
7b - Ongoing comedy series (sitcoms)
7c - Specials, mini-series, made-for-TV feature films
7d - Theatrical feature films aired on TV
7e - Animated television programs and films
7f - Programs of comedy sketches, improvisation, unscripted works,
stand-up comedy
7g - Other drama
8a - Music and dance other than music video programs or clips
8b - Music video clips
8c - Music video programs
9 - Variety
10 - Game shows
11 - General entertainment and human interest
12 - Interstitials
13 - Public service announcements
14 - Infomercials, promotional and corporate videos
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3. A minimum of 50% of the broadcast week
shall be devoted to the exhibition of programming featuring music
video clips - Category 8 (b). |
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4. The licensee shall devote not more
than 15% of the broadcast week to music-related programming from
categories 7(b) - Ongoing comedy series (sitcoms), 7(c) - Specials,
mini-series, made-for-TV feature films and 7(e) - Animated
television programs and films. |
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5. The licensee shall devote no more than
5% of the broadcast week to programming from category 2(a) -
Analysis and Interpretation, except as individually authorized in
advance, in writing by the Commission for extended coverage of
special events. |
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6. The licensee shall not distribute more
than six hours of music-related feature films - category 7(d) in
each broadcast week. Each feature film shall be from one of the
following categories: |
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(a) concert films and documentaries;
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(b) music artists' biographies
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(c) pop/rock operas and plays; or
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(d) feature films that have a minimum music:spoken word ratio
of 60:40, in accordance with the following:
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i) where synchronized spoken word occurs within a film, the
duration of such dialogue will be counted as spoken word for the
purposes of the 60:40 music to spoken word test;
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ii) where synchronized spoken word occurs within a film,
accompanied or enhanced by background music, the duration of
such dialogue will be counted as spoken word for purposes of the
60:40 test;
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iii) where music occurs in a film, and is not used as
background music for synchronized spoken word, the duration of
such music will be counted as music for purposes of the 60:40
test;
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iv) where music occurs within a film and small amounts of
non-synchronized dialogue are present within such music, the
duration of such music will be counted as music for purposes of
the 60:40 test.
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7. The licensee shall devote not less
than 60% of the broadcast week to the distribution of Canadian
programming. |
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8. Not less than 30% of the total number
of music video clips exhibited by the licensee during each broadcast
week shall be Canadian music videos, and the licensee shall schedule
its Canadian music videoclips evenly throughout the broadcast week
and in a reasonable manner throughout the broadcast day. |
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9. 35% or more of the total number of
music video clips distributed by the licensee during each broadcast
week shall be in the French language. |
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10.(a) From 1 September 2001 to 31 August
2002, the licensee shall allocate to VideoFACT for the development
and production of Canadian music videos at least 2.4% of the
previous broadcast year's gross revenues, but not less than
$100,000;
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(b) From 1 September 2002 to 31 August
2003 and and for each subsequent broadcast year of the licence term,
the licensee shall allocate to VideoFACT for the development and
production of Canadian music videos not less than 3.4% of the
previous broadcast year's gross revenues. |
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11. The licensee shall charge each
exhibitor of this service a maximum wholesale rate of $0.17 per
subscriber per month where the service is distributed as part of the
basic service. |
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12. (a) Subject to subsections (b) and
(c), the licensee shall not distribute more than 12 minutes of
advertising material per clock hour; |
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(b) Where a program occupies time in two
or more consecutive clock hours, the licensee may exceed the maximum
number of minutes of advertising material allowed in those clock
hours if the average number of minutes of advertising material in
the clock hours occupied by the program does not exceed the maximum
number of minutes that would otherwise be allowed per clock hour; |
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(c) In addition to the twelve minutes of
advertising material referred to in subparagraph (a), the licensee
may broadcast partisan political advertising during an election
period; |
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(d) The licensee shall not distribute any
paid advertising material other than paid national advertising. |
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13. The licensee shall achieve a minimum
captioning level of 50% of its programs other than music video clips
during the broadcast day, beginning no later than 1 September
2006 and continuing throughout the remainder of the licence term. |
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14. The licensee shall adhere to the
guidelines on gender portrayal set out in the Canadian Association
of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and
Radio Programming, as amended from time to time and approved by
the Commission. The application of the foregoing condition of
licence will be suspended as long as the licensee remains a member
in good standing of the Canadian Broadcast Standards Council (CBSC). |
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15. The licensee shall adhere to the
provisions of the CAB's Broadcast Code for Advertising to
Children, as amended from time to time and approved by the
Commission. |
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16. The licensee shall adhere to the
guidelines on the depiction of violence in television programming
set out in the CAB's Voluntary Code Regarding Violence in
Television Programming, as amended from time to time and
approved by the Commission. The application of the foregoing
condition of licence will be suspended as long as the licensee
remains a member in good standing of the CBSC. |
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17. For the purposes of these conditions: |
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(a) every period shall be calculated on the basis of the
Eastern time zone;
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(b) broadcast day means a 24-hour period beginning at
00:00:00 hour Eastern time;
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(c) broadcast week means seven consecutive days
beginning on Friday;
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(d) broadcast month, broadcast year and clock
hour shall have the same meanings as those set out in the Television
Broadcasting Regulations, 1987, except that broadcast month
and broadcast year shall be calculated based on the
definition of broadcast day provided above;
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(e) paid national advertising means advertising that is
purchased at a national rate and receives national distribution on
the service;
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(f) music video clips and Canadian music video clips
shall have the same meaning set out in section V of Appendix I of
Public Notice CRTC 2000-42, entitled Certification for Canadian
programs - A revised approach, as amended from time to time;
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(g) music-related shall be defined as about the music or
recording industries, or about musical artists, concerts and
musical performances, compositions or events.
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(h) gross revenues means all revenues related to the
presence of the service on Canadian broadcast airwaves, except
revenues generated by the Internet.
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