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Decision CRTC 2001-734
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Ottawa, 29 November 2001
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The Sports Network Inc.
Across Canada 2001-0216-1
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19 June 2001 Public Hearing
National Capital Region
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Licence renewal for The Sports Network
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The Commission renews the licence for the specialty service
« The Sports Network » for a full licence term. The
Commission approves the licensee’s proposal to increase the
percentage of programming that it must devote to the broadcast of
Canadian programs during the broadcast day from 50% to 55%. The
Commission also approves the licensee’s proposal to increase its
expenditures on amateur sports programming. |
1. |
The Commission renews the licence for the national
English-language specialty television service, The Sports Network,
from 1 December 2001 to 31 August 2008. The licence will
be subject to the conditions specified in the appendix to this
decision and in the licence to be issued. |
2. |
As announced in Notice of Public Hearing 2001-5, the licensee, in
its renewal application, proposed several amendments to its
conditions of licence. In its reply to interventions dated
4 June 2001, the licensee subsequently indicated that the only
amendment it wished to pursue involved increasing the minimum level
of Canadian programming broadcast during each broadcast day from 50%
to 55% and to increase its spending on amateur sports. This proposed
amendment is discussed below.
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Canadian programming on TSN's split feeds
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3. |
As set out in the service's nature of service condition of
licence, the licensee may distribute separate regional programming
in place of its national service to affiliated distribution
undertakings provided that the hours devoted to such regional
programming do not exceed 10% of the licensee's quarterly program
schedule.
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4. |
As part of TSN's performance evaluation for its 1999/2000
broadcast year, the Commission noted an apparent shortfall in the
level of Canadian content aired during the evening broadcast period
(6 p.m. to midnight).
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5. |
The licensee clarified that for purposes of fulfilling its
Canadian content obligations, its practice was to add together the
programs broadcast on both its national and regional feed as one
single service with one combined Canadian content level.
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6. |
The Commission notes the licensee's interpretation concerning its
Canadian content distribution on its two broadcast feeds.
Additionally, the Commission notes the licensee's commitment that it
was prepared to accept a requirement that, in future, TSN's Canadian
content levels must be met on each of its feeds. A condition of
licence to that effect is now set out in the appendix to this
decision.
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Exhibition of Canadian programming |
7. |
For the new licence term, the licensee proposed to increase the
percentage of programming that it devotes to the broadcast of
Canadian programs during the broadcast day from 50% to 55%. The
percentage of Canadian programs in the evening hours will remain at
60%. The Commission commends the licensee and approves the
proposed increase. A condition of licence regarding the
broadcast of Canadian programming is set out in the appendix to this
decision. |
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Exposure for amateur sports |
8. |
The Commission considers the exposure given to Canadian amateur
sports by TSN to be an important element of the service's reflection
of Canada's people, places, events and leisure activities. TSN
proposed to increase its expenditures on Canadian amateur sports.
The licensee will devote, in the broadcast year beginning
1 September 2001, a minimum $5 million investment for the
production or acquisition of Canadian amateur sports programming. In
each subsequent broadcast year, TSN will increase this expenditure
by 3%, to a total of at least $6 million in the last year of
its licence term. The Commission approves this proposal and
commends the licensee for this initiative. A condition of licence
is set out in the appendix to this decision. |
9. |
The Commission notes the licensee's commitment to acquire
250 hours of original programming in each broadcast year from
Canadian independent producers.
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10. |
The Commission further notes the licensee's commitment to
distribute during each broadcast year a minimum of 1,400 hours
of Canadian amateur sports programming.
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11. |
The Commission expects the licensee to broadcast Canadian amateur
sports programming at a time that is attractive and convenient for
subscribers, during the day-time and during the evening broadcast
period. The Commission also encourages the licensee to provide
"live" distribution of Canadian amateur sports events
whenever possible. |
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Cultural diversity |
12. |
The Commission expects TSN, 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." |
13. |
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. |
14. |
The Sports Network is indirectly controlled by CTV Inc. In
Decision CRTC 2001-457 dated 2 August 2001, which renewed the
licences of the television stations controlled by CTV, the
Commission indicated that it expects CTV to participate in the work
of this task force and support it financially. The Commission
expects CTV to represent its specialty as well as its conventional
interests in this regard. |
15. |
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 |
16. |
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 |
17. |
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 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.
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18. |
In the case of this service, the licensee indicated that it was
prepared to provide captions for 90% of its programming in the
seventh year of its licence term. |
19. |
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. |
20. |
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. |
21. |
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. |
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Service to the visually impaired |
22. |
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, CTV and TVA, the Commission
imposed conditions of licence regarding the provision of increasing
amounts of such programming. |
23. |
"Audio description" and "video description"
or "described video" are methods of improving the service
that television broadcasters provide to the 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 the
visually impaired can receive the information.
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24. |
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 descriptive video
via the SAP channel requires significant capital expenditures to
upgrade a licensee's transmission facilities.
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25. |
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 Sports Network, 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 similar steps to respond to the needs
of viewers who are visually impaired. |
26. |
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 |
27. |
The Commission has considered all the interventions submitted
with regard to this application and is satisfied with the licensee’s
reply. |
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Related CRTC documents |
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• Decision 2001-457 – Licence
renewals for the television stations controlled by CTV |
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• Decision 2001-165 – Three-month
administrative renewal |
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• Decisions 2001-153,
98-224 and 97-290
– Licence amendments for The Sports Network |
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• Decision 95-251 – Intracorporate
reorganization |
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• Decision 94-603 – Licence
renewal for The Sports Network |
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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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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 2001-734
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Conditions of licence for The Sports Network |
1. |
(a) The licensee shall provide a national
English-language specialty service which shall consist of
programming dedicated exclusively to all aspects of sports, that is,
programming covering professional and amateur sports events, sports
newscasts, magazine shows, interviews, commentaries, documentaries,
audience participation programs, instruction and training programs
that promote physical fitness. |
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(b) The programming shall be drawn
exclusively from the following categories, as set out in Schedule I
of the Specialty Services Regulations, 1990: |
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1 - News
2(a) - Analysis and interpretation
2(b) - Long-form documentary
3 - Reporting and actualities
5(b) - Informal education/Recreation and leisure
6(a) - Professional sports
6(b) - Amateur sports
11 - General entertainment and human interest
12 - Interstitials
13 - Public service announcements
14 - Infomercials, promotional and corporate videos.
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(c) The licensee shall not distribute
feature length films about sports personalities, whether factual or
fictional. |
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(d) The licensee may distribute separate
regional programming in place of its national service to affiliated
distribution undertakings provided that the hours devoted to such
regional programming do not exceed 10% of the licensee's quarterly
program schedule. |
2. |
(a) The licensee shall devote not less
than 55% of the broadcast day during each broadcast year to the
distribution of Canadian programs, and shall distribute these
programs evenly throughout the broadcast day. |
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(b) The licensee shall devote not less
than 60% of the evening broadcast period during each broadcast year
to the distribution of Canadian programs. |
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(c) The levels mentioned in (a) and (b)
above shall be met on each feed offered by the service. |
3. |
(a) In accordance with the Commission’s
position on Canadian programming expenditures as set out in Public
Notices CRTC 1993-93 and
1993-174, the licensee shall, in each
broadcast year, expend not less than 44% of the gross revenues
derived from the operation of this service during the previous year,
on the acquisition of and/or investment in Canadian programs; |
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(b) In any broadcast year of the licence
term, excluding the final year, the licensee may expend an amount on
Canadian programming that is up to five percent (5%) less than the
minimum required expenditure for that year calculated in accordance
with this condition; in such case, the licensee shall expend in the
following year of the licence term, in addition to the minimum
required expenditure for that year, the full amount of the previous
year’s underspending; |
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(c) In any broadcast year of the licence
term, including the final year, the licensee may expend an amount on
Canadian programming that is greater than the minimum required
expenditure for that year calculated in accordance with this
condition; in such case, the licensee may deduct: |
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(i) from the minimum required expenditure for the following
year of the licence term, an amount not exceeding the amount of
the previous year’s overspending; 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 overspending and any amount deducted under paragraph
(a) above;
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(d) Notwithstanding the above, during the
licence term, the licensee shall expend on Canadian programming, at
a minimum, the total of the minimum required expenditures calculated
in accordance with the licensee’s condition of licence. |
4. |
(a) In the broadcast year commencing
1 September 2001, the licensee shall expend a minimum of $5
million on the acquisition of and/or investment in programming
devoted to coverage of Canadian amateur sports. |
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(b) In the broadcast year commencing
1 September 2002 and in each subsequent year of the licence
term, the licensee shall increase by 3% its expenditures on the
acquisition of and/or investment in programming devoted to coverage
of Canadian amateur sports, increasing to no less than $6 million in
the last year of the licence term. |
5. |
(a) Subject to subsections (b) and (c)
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. |
6. |
The licensee shall charge each exhibitor of this service a
maximum monthly wholesale rate per subscriber as set out below, for
distribution on the basic service: |
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(a) a combined wholesale rate of $1.50
per subscriber per month in the case of each cable distribution
undertaking that chooses to distribute both TSN and Le Réseau des
sports as part of the basic service; and |
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(b) a wholesale rate of $l.07 per
subscriber per month, in all other cases. |
7. |
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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8. |
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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9. |
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. |
10. |
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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11. |
For the purposes of these conditions: |
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(a) all time periods shall be calculated
according to the eastern time zone;
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(b) broadcast day means a 24-hour
period beginning at 6:00 a.m. Eastern time;
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(c) paid national advertising
means advertising that is purchased at a national rate and receives
national distribution on the service; and
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(d) the terms 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 except they shall be calculated
in accordance with the definition of broadcast day in
paragraph (b) above.
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Date Modified: 2001-11-29
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