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Decision CRTC 2001-733
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Ottawa, 29 November 2001
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2953285 Canada Inc. "The Discovery Channel"
Across Canada 2001-0218-7 |
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19 June 2001 Public Hearing
National Capital Region
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Licence renewal for The Discovery Channel
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The licence for "The Discovery Channel" is renewed for
a full term. The current condition of licence on the nature of
service is amended by including a brief description of the
programming and adding program categories 1 (news) and 11 (general
entertainment and human interest). |
1. |
The Commission renews the broadcasting licence issued to
2953285 Canada Inc. for the national English-language specialty
television service known as "The Discovery Channel", 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. |
2. |
The Commission has no concerns with respect to the licensee’s
compliance with its conditions of licence during the current licence
term. |
3. |
As announced in Notice of Public Hearing 2001-5, the licensee, in
its licence renewal application, proposed several amendments to its
conditions of licence. The licensee subsequently indicated that the
only changes it wished to pursue were the addition of program
categories 1 (news) and 11 (general entertainment and
human interest) to its condition of licence on the nature of
service. These proposed amendments are discussed below. |
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Nature of service |
4. |
In its original licence, The Discovery Channel’s condition on
the nature of service listed the program categories from which the
licensee could choose its programming, but did not include a brief
description of the service. In response to a request by the
Commission to provide such a description, the licensee suggested the
following: |
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Discovery Channel is a national English-language specialty
service devoted to the exploration of science and technology,
nature and the environment and adventure.
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5. |
The Commission considers that the proposed wording clarifies The
Discovery Channel’s nature of service and has therefore added it
to the condition of licence set out in the appendix. |
6. |
In its licence renewal application, the licensee confirmed that
it does not plan to change the programming offered by The Discovery
Channel. It argued that including categories 1 and 11 in its
nature of service condition would fully respond to the new category
definitions established by the Commission and more accurately
represent the nature of certain programs it already airs. For
example, the licensee considered that its flagship daily science
program "@discovery.ca" more appropriately falls under
category 1 than category 2a (Analysis and interpretation),
and that other programs such as "Harrowsmith" and
"The Lynette Jennings Series" would be more correctly
categorized under category 11 than category 5b (informal
education/recreation and leisure). |
7. |
In an opposing intervention, Global Television Network claimed
that the proposed amendments would significantly change The
Discovery Channel’s nature of service and allow it to compete with
conventional services. |
8. |
The licensee responded by reiterating that it will not alter the
nature of The Discovery Channel’s service in any manner. It
emphasized that all of the programming broadcast by the service will
reflect themes of nature and the environment, science and
technology, adventure and people and places. |
9. |
The Commission agrees with the licensee that the proposed
amendments will not significantly change The Discovery Channel’s
existing nature of service and has, accordingly, added
categories 1 and 11 to the condition set out in the appendix.
The Commission reminds the licensee that, during the new licence
term, it must continue to offer programming that complies with the
description of the nature of service now defined in its condition of
licence. |
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Cultural diversity
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10. |
The Commission expects The Discovery Channel 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." |
11. |
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 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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12. |
The Discovery Channel is indirectly controlled by CTV Inc. In
Decision CRTC 2001-457 dated 2 August 2001, which renewed the
licences for the television stations controlled by CTV, the
Commission indicated that it expects CTV to participate in the work
of the task force and to support it financially. The Commission
expects CTV to represent its specialty as well as its conventional
interests in this regard. |
13. |
The Commission notes that CTV has included its specialty services
in its corporate plan on cultural diversity submitted to the
Commission on 2 November 2001 in accordance with Decision CRTC 2001-457. |
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On-air presence |
14. |
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 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 |
15. |
The Commission is committed to improving service 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 is
90% of all programming. |
16. |
In the case of this service, the licensee indicated that it was
prepared to provide captions for 90% of all of its programming
beginning in year five. |
17. |
Consistent with this commitment and with the Commission’s
general approach, it expects the licensee to gradually increase the
level of captioning it provides and requires the licensee, by condition
of licence, to achieve a minimum captioning level of 90% for all
programming aired during the broadcast day, beginning not later than
1 September 2006 and continuing throughout the remainder of the
licence term. |
18. |
The 90% obligation is based on the recognition that requiring
100% captioning at all times may not be reasonable or appropriate.
Thus, the obligation is designed to provide some flexibility to
cover unforeseen circumstances (such as late delivery of captions,
technical malfunctions, or the lack of availability of captions for
programs acquired outside North America), or programming where
captioning may not be feasible, such as third language programming. |
19. |
The Commission expects the licensee to focus on improving the
quality, reliability and accuracy of its closed captioning, and to
work with representatives of the deaf and hard of hearing community
to ensure that captioning continues to meet their needs. |
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Service to the visually impaired |
20. |
In decisions issued last December, the Commission 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 and CTV, the Commission imposed
conditions of licence regarding the provision of increasing amounts
of such programming. |
21. |
"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. |
22. |
Video description, or described video as it is also known,
consists of narrative descriptions of a program’s key visual
elements so that people who are visually impaired are 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. |
23. |
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 correspondence with
The Discovery Channel, the Commission requested the licensee’s
views on implementing audio description, video description or
described video. 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. |
24. |
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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25. |
In addition, and consistent with the approach adopted for the new
Category 1 services, the Commission encourages the licensee to
provide, at a minimum, one hour per month of described programming
in the period between 1 December 2001 and 31 August 2002, and to
increase this monthly minimum by at least one hour in each
subsequent broadcast year of the new licence term. |
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Interventions |
26. |
The Commission acknowledges all of the interventions submitted
with regard to this application and has noted the licensee’s
response to the concerns expressed in some submissions. |
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Related CRTC documents |
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• Decision 2001-165 – Three-month
administrative renewal for The Discovery Channel |
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• Decision 2000-112 – One-year
administrative renewal for The Discovery Channel |
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• Decision 2000-86 – Approval
subject to a number of conditions of an application by CTV Inc. to
acquire a majority interest in NetStar Communications Inc. |
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• Decision 98-11 – Suspensive
conditions of licence for The Discovery Channel |
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• Decision 97-288 – Licence
amendment for The Discovery Channel |
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• Decision 96-283 – Licence
amendment for The Discovery Channel |
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• Decision 96-75 – Transfer of
control of TSN, RDS and The Discovery Channel, and the transfer of
the partnership interest of one of the partners in Viewer’s Choice
Canada |
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• Decision 94-283 – The Discovery
Channel – approved |
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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 2001-733
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Conditions of licence for The Discovery Channel |
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Nature of service |
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1. (a) Discovery Channel is a national
English-language specialty service dedicated to the exploration of
science and technology, nature and the environment and adventure. |
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(b) Programming provided by the licensee
shall 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, |
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2(a) – Analysis and interpretation, |
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2(b) – Long-form documentary, |
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5(b) – Informal education/recreation
and leisure, |
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11– General interest and human
interest, |
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12 – Interstitials, |
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13 – Public service announcements, and |
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14 – Infomercials, promotional and
corporate videos. |
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Exhibition of Canadian programs |
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2. The licensee shall devote not less
than 60% of the broadcast year and not less than 50% of the evening
broadcast period to the distribution of Canadian programs. |
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Expenditures on Canadian programs |
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3. In accordance with the Commission’s
position on Canadian programming expenditures as set out in Public
Notices CRTC 1992-28,
1993-93 and 1993-174, except as amended below: |
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(a) In each broadcast
year, the licensee shall expend on Canadian programs not less than
45% of the previous broadcast year’s gross revenues; |
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(b) In each broadcast year excluding the
final year, the licensee may expend an amount on Canadian programs
that is up to five percent (5%) less than the minimum required
expenditure for that year set out in or calculated in accordance
with this condition; in such case, the licensee shall expend in the
next year of the licence term, in addition to the minimum required
expenditure for that year, the full amount of the previous year’s
underexpenditure; |
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(c) In each broadcast year of the licence
term, where the licensee expends an amount on Canadian programs that
is greater than the minimum required expenditure for that year set
out in or calculated in accordance with this condition, the licensee
may deduct: |
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(i) from the minimum required expenditure for the next year of
the licence term, an amount not exceeding the amount of the
previous year’s overexpenditure; and
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(ii) from the minimum required expenditure for any subsequent
year of the licence term, an amount not exceeding the difference
between the overexpenditure and any amount deducted under
paragraph (i) above.
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(d) Notwithstanding paragraphs (b) and
(c) above, during the licence term, the licensee shall expend on
Canadian programs, at a minimum, the total of the minimum required
expenditures set out in or calculated in accordance with the
licensee’s condition of licence. |
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Advertising |
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4. (a) Subject to subsections (c) and
(d), the licensee shall not distribute more than twelve minutes of
advertising material during each 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 subsection (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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Wholesale rate |
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5. The licensee shall charge each
exhibitor of this service a maximum wholesale rate of $0.36 per
subscriber per month where the service is distributed as part of the
basic service. |
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Closed captioning |
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6. The licensee shall achieve a minimum
captioning level of 90% for all programming aired during the
broadcast day, beginning not later than 1 September 2006 and
continuing throughout the remainder of the licence term. |
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Industry codes |
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7. 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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8. The licensee shall adhere to the
provisions of the Broadcast code for advertising to children,
published by the CAB, as amended from time to time and approved by
the Commission. |
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9. 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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Definitions |
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For the purpose of these conditions, the terms "broadcast
day", "broadcast month", "broadcast year,"
"clock hour" and "evening broadcast period"
shall have the same meanings as those set out in the Television
Broadcasting Regulations, 1987; and "paid national
advertising" shall mean advertising that is purchased at a
national rate and receives national distribution on the service.
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