|
Broadcasting
Decision CRTC 2006-380
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Ottawa, 18
August 2006 |
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CHUM Limited
Across Canada |
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Application 2005-1552-0
Public Hearing in the National Capital Region
1 May 2006 |
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MuchMusic – Licence
renewal
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In this decision, the Commission
renews the broadcasting licence for the specialty programming
undertaking known as MuchMusic from 1 September 2006 to 31 August 2013.
The details regarding the licensee’s specific proposals for the new
licence term, and the conditions of licence and other obligations
determined by the Commission, are set out below. |
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The application
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1. |
The Commission received an application by
CHUM Limited (CHUM) to renew the broadcasting licence, which expires 31
August 2006, for the national, English-language specialty programming
undertaking known as MuchMusic. |
2. |
On the basis of its review of this licence
renewal application and having considered the interventions received,
the Commission renews the broadcasting licence for MuchMusic,
from 1 September 2006 to 31 August 2013. The licence will be subject to
the conditions specified therein and to the conditions set
out in the appendix to this decision. |
3. |
CHUM proposed three amendments to its
licence for MuchMusic. It proposed to: |
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- amend the definition of "music-related" contained in
the definitions section of its current licence;
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- amend condition of licence 2 to reduce the amount of
weekly programming devoted to music videos (category 8(b)
programming) from 65% to 50%; and
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- simplify condition of licence 4, which relates to
feature films (category 7(d) programming), by removing specific
references to particular types of films.
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4. |
The Commission received 15 interventions in
this proceeding specifically in support of MuchMusic’s licence renewal
application. The Commission also received 16 interventions raising
concerns regarding CHUM’s proposed licence amendments. The concerns
raised by the interveners are discussed later in this decision. |
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Nature of service
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5. |
MuchMusic’s current condition of licence 1
reads as follows: |
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1. The licensee shall provide a national, English-language
specialty service consisting only of music or music-related
programming, except as provided by condition of licence No. 5.
|
6. |
It is specified elsewhere in MuchMusic’s
conditions of licence that the term "music-related", as employed in
condition of licence 1, "shall be defined as about the music or
recording industries, or about musical artists, concerts and musical
performances, compositions or events." |
7. |
In its renewal application, the licensee
requested that its licence be amended by replacing the existing
definition of "music-related" with the following: |
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"music-related" shall be defined as about music or the music or
recording industries, or about or featuring musical artists,
concerts and musical performances, compositions or events.
|
8. |
In its supplementary brief to its renewal
application, CHUM stated that the current definition of "music-related"
restricts MuchMusic from airing a wide range of programming that would
otherwise be appropriate for a music-oriented specialty service. Furthermore,
CHUM noted that its proposal to redefine the term "music-related"
mirrors the amendment to the definition of "music-related"
as approved by the Commission for the MuchMoreMusic specialty service
in MuchMoreMusic – Licence renewal, Broadcasting Decision CRTC
2004-15, 21
January 2004 (Decision 2004-15).
CHUM submitted that applying the MuchMoreMusic definition to MuchMusic
would allow the service to offer more attractive programming to its
target audience and put MuchMusic on an even footing with other music-oriented
specialty services. |
9. |
In response, opposing interveners noted
that the revised definition would allow MuchMusic to play a broader
range of movies, many of which might be unrelated to music. One
intervener, Mr. Peter Friedenberg, noted that the proposed revision
would allow MuchMusic to become more like MuchMoreMusic.
|
10. |
The Canadian Film and Television Production
Association (CFTPA) stated that it would support the proposed revision
provided CHUM was willing to obtain and air a certain minimum amount of
original Canadian production from Canadian independent producers. The
CFTPA suggested that a commitment of 50% of original Canadian
independent production, as a minimum percentage of all programming,
would be an appropriate level. The CFTPA also recommended that the
Commission require CHUM to establish an arrangement with the independent
production community with respect to "terms of trade", with a view to
ensuring transparency and fairness in the licensing of programming. |
11. |
In its reply to this intervention, CHUM
argued that imposition of the minimum level of original Canadian
independent production would oblige MuchMusic to substantially alter the
types of Canadian programming that it airs, as the service would have to
rely on "programming produced from limited artist-related material
acquired from third parties." CHUM also submitted that very few analog
services have conditions of licence that require them to exhibit a set
amount of programming that is acquired from the independent production
sector. Lastly, CHUM noted that the Commission did not impose such a
condition of licence on either MuchMoreMusic or Country Music Television
(CMT) when those specialty services were granted levels of flexibility
similar to that requested by CHUM for MuchMusic.
|
12. |
In the Commission’s view, CHUM’s proposed
amendment would enable MuchMusic to offer more attractive programming to
its target audience, while continuing to ensure that it remains a music
and music-related specialty service. The Commission is also satisfied
that this amendment will not fundamentally alter the service nor allow
it to become directly competitive with other specialty services.
Accordingly, the Commission approves the new definition of
"music-related" proposed by the licensee. The new definition is set out
in the conditions appended to this decision. |
13. |
With respect to the CFTPA’s recommendation
that there be a minimum required level of original independent Canadian
production in MuchMusic’s programming, the Commission recognizes that
music video specialty services such as MuchMusic produce much of their
programming in-house. As determined by the Commission in Decision
2004-15 in
the case of MuchMoreMusic, the Commission finds that it is unnecessary
to impose a condition of licence on MuchMusic at this time with regard
to independent production. |
14. |
As for the CFTPA’s recommendations with
respect to terms of trade, and as stated in Introduction to Broadcasting
Decisions CRTC 2004-6
to 2004-27
renewing the licences of 22 specialty services, Broadcasting Public
Notice CRTC 2004-2,
21 January 2004 (Public Notice 2004-2),
the Commission considers that term of trade agreements between broadcasters
and the CFTPA would be to the benefit of all elements of the Canadian
broadcasting system, and encourages the establishment of such agreements. |
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Music video programs
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15. |
The licensee proposed to reduce, from 65%
to 50%, the proportion of MuchMusic’s weekly schedule that is devoted to
music videos. |
16. |
CHUM noted that, when it launched 21 years
ago, MuchMusic was one of the few places Canadians could go to watch
music videos. CHUM submitted that, today, music videos are available
from numerous other sources, including television, DVDs, the Internet
and mobile phones. CHUM argued that, with video content of all types
widely available on so many platforms, and given the advantages that
these new platforms offer, today’s youth are no longer looking to
specialty services exclusively for videos. To support this position,
MuchMusic noted that tuning to music video programming on MuchMusic has
been in decline for some time. MuchMusic stated that it has been obliged
to respond by steadily reducing the amount of videoflow programming it
airs from 87% of its programming schedule in 2000 to a level that is now
much closer to the current 65% regulatory minimum. |
17. |
To support its argument regarding the
increased competitive pressures it now faces, CHUM provided a research
report prepared by Communications Management Inc. The report, entitled
MuchMusic at 21: Facing the challenges of a ‘three screen’ world,
presented evidence of the increased usage of computers, cell phones,
portable digital music players and the Internet by its target
demographic. |
18. |
CHUM also noted the Commission’s approval
of similar requests by other music-oriented specialty services for
authorizations to reduce the proportion of their schedules devoted
to music videos. Specifically, the licensee cited Decision 2004-15,
in which the Commission approved a request by CHUM to reduce from
65% to 50% the percentage of the weekly schedule of MuchMoreMusic
that must be devoted to music videos, and Country Music Television
– Licence amendment, Broadcasting Decision CRTC 2006-52,
28 February 2006, in which the Commission approved an application
by Country Music Television Ltd. to reduce from 70% to 50% the minimum
amount of programming aired by its service, CMT, that must be devoted
to music video clips. |
19. |
Several interveners opposed CHUM’s proposed
reduction in the use of music videos on MuchMusic. These interveners,
who generally expressed a preference for music videos over other
music-related programming, were generally agreed that the reduction
would be contrary to MuchMusic’s nature of service as a music and
music-related service. One argued that, if MuchMusic wished to decrease
its music video content, it should relinquish its licence to play music
videos and allow the Commission to give it to someone else. Others
argued the minimum level of music videos should be raised to 75%. In the
view of some parties, the amendment would also have a negative impact on
Canadian talent by diminishing the airplay and exposure received by
Canadian artists for their music videos. One intervener argued that the
music videos CHUM does play focus too greatly on Top 40 hits, at the
expense of Canadian artists in the "indie" category. |
20. |
The Canadian Independent Record Production
Association (CIRPA) expressed concern that approval of the requested
amendment would result in a decrease in the overall airplay of Canadian
music videos. In particular, CIRPA submitted that a reduction in music
video programming may result in fewer overall appearances by independent
Canadian artists on MuchMusic. In CIRPA’s view, the amendments would not
affect top tier Canadian talent as much as it would affect developing
Canadian talent. Consequently, CIRPA proposed the introduction of a
condition of licence that would give independent artists "proportional
airplay representation" and would ensure that independent music video
play is "not relegated to low ratings periods or otherwise ghettoized." |
21. |
In its reply to interventions, CHUM
submitted that, while the overall amount of videos on the service may
decrease, independent artists will continue to receive broad exposure on
MuchMusic as a substantial portion of the service’s music video
programming will be sourced from the independent sector. By way of
example, CHUM noted that, during the 2005 broadcast year, almost 70% of
the Canadian music videos broadcast by MuchMusic featured the
performances of independent artists. CHUM added that, over the last
licence term, airplay of independent music videos increased
significantly. According to the licensee, it would be inappropriate to
impose additional requirements¸ as proposed by CIRPA, given MuchMusic’s
strong contribution to the support of independent artists. It added that
the definition of Canadian content used by the Commission would, in any
case, prevent MuchMusic from simply relying on music videos by
established artists because many in that category of music video are
produced outside of Canada and do not qualify as Canadian. |
22. |
The Commission acknowledges CHUM’s concerns
that increased competition from various platforms for music video
audiences has reduced the size of its music video audience. The
Commission notes that other music specialty services, such as
MuchMoreMusic and CMT, have also experienced a reduction in the viewing
of their programming devoted to music videos, and have had their weekly
music video obligations reduced to 50%. As such, the Commission
considers that a similar reduction in the required minimum proportion of
weekly programming devoted to music videos by MuchMusic is appropriate. |
23. |
The Commission also considers that
additional non-music video programming will serve to promote and provide
exposure to Canadian artists, independent or otherwise. The Commission
notes in this regard the programs cited by MuchMusic, such as Kane,
Fandemonium, Caught in the Crossfire and Much In Your
Space. |
24. |
With respect to CIRPA’s proposed
requirement that MuchMusic give proportional airplay representation to
independent artists, the Commission notes that independent artists have
featured prominently on MuchMusic over the last licence term and expects
CHUM to ensure that this continues. Regarding CIRPA’s concern that
independently produced music videos would be relegated to low ratings
periods, the Commission is satisfied that the existing condition of
licence 8, which requires the licensee to schedule its Canadian music
videos evenly throughout each broadcast week and in a reasonable manner
throughout each broadcast day, will continue to ensure that this does
not occur. |
25. |
The Commission considers that reducing the
proportion of MuchMusic’s schedule that is devoted to music videos will
allow the service to offer programming that better reflects the
preferences of its target audience while continuing to promote Canadian
artists and to provide new programs that focus on music. The Commission
is also satisfied that this amendment will not fundamentally alter the
service nor allow it to become directly competitive with other specialty
services. Accordingly, the Commission approves the proposed
reduction, from 65% to 50%, in the proportion of MuchMusic’s weekly
schedule that must be devoted to music videos. This reduction is
reflected in the amended condition of licence 2, as set out in
the Appendix to this decision. |
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Canadian programming
expenditures
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26. |
While MuchMusic is not currently subject to
a Canadian programming expenditure (CPE) requirement, an existing
condition of licence requires it to contribute at least 7% of the
previous year’s gross revenues to VideoFACT, a music video production
fund that CHUM set up in 1984 to coincide with the launch of MuchMusic.
|
27. |
Traditionally, where the licensee of a
specialty service dedicated to music, in the context of a licence
renewal application, has applied for a decrease in the minimum level of
music video clips to be broadcast, the Commission has imposed a CPE
requirement to ensure that direct expenditures allocated by the licensee
to the acquisition and production of Canadian programs remains
consistent with the nature of the service and to counterbalance the
reduction of music video clip programming from the service’s schedule.
In response to a deficiency request from the Commission, CHUM stated
that, with the inclusion of its 7% required contribution to VideoFACT,
its expenditures on Canadian programming during the current licence term
have equalled 33% of the gross revenues earned by MuchMusic and that its
projections for each year of the next licence term reflect a CPE
representing at least 33% of the previous year’s gross revenues during
each year. |
28. |
In an intervention, the Association des
Producteurs de Films et de Télévision du Québec (APFTQ) submitted that
the imposition of a 33% CPE requirement, of which 7% should be directed
to VideoFACT, would be appropriate. |
29. |
In its intervention, the Canadian
Association of Broadcasters (CAB) commented generally on the
Commission’s recent approach to calculating a licensee’s CPE. The CAB
argued that it is not appropriate that the Commission use historical
profitability levels achieved in an analog distribution environment to
establish CPE requirements for a future period, given the uncertainty of
the transition to digital and high definition (HD) distribution and the
reality of the new competitive environment. According to the CAB, to do
so could threaten the ability of individual services to adapt as
required. |
30. |
In its reply to interventions, CHUM
confirmed that it was prepared to adhere to a requirement that it direct
33% of MuchMusic’s gross revenues to CPE, of which 7% would be directed
to VideoFACT. |
31. |
In the Commission’s view, in light of the
amendments authorized in this decision, in particular that to condition
of licence 2 which permit the licensee to reduce to 50% from 65% the
proportion of MuchMusic’s weekly schedule devoted to music video
programming, it is appropriate that CHUM be required, as are the
licensees of other specialty services, to adhere to a condition of
licence specifying a minimum annual CPE requirement. |
32. |
Consistent with the foregoing, and taking
into account the financial circumstances of MuchMusic, the Commission
considers that an expenditure on Canadian programming of 33%, including
7% to VideoFACT, of the previous year’s gross revenues is appropriate.
The licensee shall, therefore, by condition of licence, devote to
the investment in or the acquisition of Canadian programs, during each
broadcast year, at least 33% of the previous year’s gross revenues. This
condition of licence is set out in the appendix to this decision. |
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Music-related feature
films
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33. |
In MuchMusic’s renewal application, CHUM
requested that its existing condition of licence 4, which pertains to
the distribution of music-related feature films be replaced. This
condition reads as follows: |
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4. 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;
(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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34. |
MuchMusic proposed that the existing
condition be replaced by the following condition of licence: |
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The licensee shall not broadcast more than six hours of
music-related feature films – Category 7(d) in each broadcast week.
|
35. |
In the supplementary brief to its renewal
application, CHUM stated that the current restrictions were introduced
at a time when there were a limited number of pay or specialty services
that offered feature film programming. In CHUM’s view, the offering of
movie-based programming has since become widespread due to pay-per-view,
video-on-demand (VOD) and the numerous services which the Commission has
licensed in the intervening years to provide feature film programming. |
36. |
Moreover, CHUM submitted that the
restrictive nature of the current condition of licence severely limits
the types of movies that MuchMusic can air and that, as a consequence,
MuchMusic rarely broadcasts any feature films. CHUM noted that if its
proposed amendment were approved, MuchMusic would still be restricted to
the broadcast of "music-related" movies. It added that, because the six
hour limit would be retained, feature film programming would still make
up a maximum of 3.6% of the broadcast week. |
37. |
Two interveners commented on this proposal.
The CFTPA supported MuchMusic’s request to be permitted to air a wider
range of feature films provided that the service committed to airing at
least 50% Canadian films, whether intended for theatrical or television
distribution. Peter Friedenberg, however, expressed concern that the
revision would allow MuchMusic to air a broader range of movies which
are not particularly related to music. |
38. |
In its reply to interventions, CHUM
indicated that, if the amendment were approved, MuchMusic would begin to
air a wide variety of music-related feature movies, many of which would
be acquired from independent Canadian producers. CHUM expressed concern,
however, that a condition of licence requiring that a specific
percentage of feature films aired by MuchMusic be Canadian would unduly
restrict the number of movies the service would be able to broadcast.
|
39. |
CHUM stated that, given the associated
costs, it was unlikely to be involved in the creation of any significant
number of new feature films during the new licence term, and that the
vast majority of movies it would likely air would consist of
after-market acquisitions. CHUM expressed concern that there are not a
sufficient number of music-related Canadian films in existence that are
appropriate to its service to allow achievement of the CFTPA’s
recommended level. Thus, CHUM did not believe that a condition of
licence requiring a specific level of Canadian features would be
appropriate. |
40. |
The Commission considers that greater
flexibility for MuchMusic in the selection of music-related feature
films would be appropriate. In the view of the Commission, the existing
condition of licence may prevent MuchMusic from airing feature films
that may be appropriate to its service. In addition, the Commission
notes that MuchMusic would still be restricted to the broadcast of
music-related feature films and that the existing limit of six hours
weekly represents a relatively small portion of the broadcast week. The
flexibility that would be afforded to MuchMusic under the proposed
amendment would also be consistent with that granted by the Commission
to other music specialty services. |
41. |
Moreover, the Commission does not consider
it appropriate or necessary at this time to impose a requirement that
MuchMusic air a minimum proportion of Canadian feature films, given that
MuchMusic has not proposed to increase the number of hours per week of
feature films that it may broadcast. |
42. |
Accordingly, the Commission approves
the licensee’s proposed revision to the condition of licence respecting
music-related feature films. |
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Regional reflection
and independent production
|
43. |
Section 3(1)(i)(v) of the Broadcasting
Act (the Act) states that the programming provided by the Canadian
broadcasting system should "include a significant contribution from the
Canadian independent production sector." The Commission’s concern is to
ensure that independent production companies unaffiliated with the
licensee, including producers from outside the major centres, have
reasonable access to the licensee’s program schedule. |
44. |
CHUM stated that MuchMusic’s programming
reflects a commitment to the richly diverse cultural expression found in
all of Canada’s regions and peoples. By way of example, it cited The
MuchMusic VJ Search, a program that has made stops in over 30 cities
and communities across the country, Going Coastal, a combination
of its MuchEast and MuchWest services, 6 Canadians on a
Bus, and a visit by VJs George Stroumboulopolos and Scott Moffat to
the Arctic to discover and connect with the youth and vistas of Canada’s
north. |
45. |
Consistent with the Commission’s objective
of promoting greater regional reflection and increasing the exhibition
of programming produced outside of the major production centres of
Vancouver, Toronto and Montréal, it expects the licensee to ensure that
the programming aired by MuchMusic continues to be broadly reflective of
all of Canada’s regions, and that producers from outside the major
production centres have the opportunity to produce programming for its
service. |
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Reflection and
portrayal of diversity
|
46. |
CHUM noted that, over the current licence
term, MuchMusic has engaged in major annual programming initiatives to
mark important dates such as Black History Month, Aboriginal Day and the
International Day for the Elimination of Racism. MuchMusic also
sponsored annual initiatives such as Rock Against Racism, participated
in major conferences that promote diversity in broadcasting, such as
Innoversity, and donated air time to organizations such as the Urban
Alliance on Race Relations. The Commission considers all such efforts to
be worthy endeavours and commends MuchMusic for its leadership in this
area. |
47. |
The Commission expects the licensee to
continue, through its programming and employment opportunities, to
reflect Canada’s ethno-cultural minorities, Aboriginal peoples and
persons with disabilities. The Commission further expects the licensee
to ensure that the on-screen portrayal of such groups is accurate, fair
and non-stereotypical, and reflective of Canadian society. |
48. |
The Commission notes in this regard that
MuchMusic is subject to CHUM’s corporate cultural diversity plan, which
sets out specific commitments relating to corporate accountability,
reflection of diversity in programming, and community involvement as
they relate to presence and portrayal of diversity. MuchMusic also
adheres to the policies, procedures and initiatives of the CHUM
Television Cultural Diversity Best Practices Plan. Accordingly, the
Commission expects the licensee to continue to contribute to diversity,
to ensure that the programming broadcast on MuchMusic continues to
showcase a diverse range of talent, and to implement the commitments set
out in its corporate cultural diversity plan. |
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Employment equity;
and on-air presence
|
49. |
Because this licensee is subject to the
Employment Equity Act and files reports concerning employment equity
with the Department of Human Resources and Skills Development,
its employment equity practices are not examined by the Commission. |
50. |
With respect to on-air presence, the
Commission expects the licensees of specialty services to ensure that
the on-air presence of members of the four designated groups (women,
Aboriginal persons, persons with disabilities and members of visible
minorities) is reflective of Canadian society, and that members of these
groups are presented fairly and accurately. |
51. |
The Commission expects CHUM to take steps
during the new licence term to address any gaps in the on-air presence
of members of the four designated groups on MuchMusic, particularly with
respect to persons with disabilities. |
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Service to persons
who are deaf or hard of hearing
|
52. |
CHUM submitted that, in the next licence
term, a condition of licence requiring MuchMusic to caption at least 90%
of its non-music programming would be appropriate. During the deficiency
process, the Commission asked the licensee to comment on the impact of a
requirement that MuchMusic caption 90% of all programming, as opposed to
90% of non-music programming. CHUM replied that captioning continues to
be a challenge for music videos due to the high cost and the time
required to caption its
extensive music video library. While noting that it has made progress in
this regard over the course of the current licence term, CHUM stated
that captioning all music videos would be a major expenditure, and that
the cost of captioning 90% of all programming would be prohibitive. |
53. |
In an intervention, Mr. Joe Clark of
Toronto opposed the renewal of MuchMusic’s licence unless "stringent
accessibility provisions" were attached with respect to captioning and
description. Mr. Clark stated that MuchMusic has sufficient resources to
caption 90% of all programming over the broadcast day and should be
required to do so. In its intervention, Captioning Consumers of Canada
(Captioning Consumers) stated that 100% of MuchMusic’s programming
should be captioned and further submitted that the current quality of
MuchMusic’s captioning is insufficient. |
54. |
In its reply to interventions, CHUM
reiterated its commitment to caption at least 90% of its non-music video
programming on a going forward basis. It also re-stated that captioning
every music video would require significant resources and noted that, if
CHUM’s request to reduce the minimum amount of music video programming
to be aired weekly was approved, the level of captioning on MuchMusic
would, by definition, increase, given the higher amount of non-music
video programming. Further, CHUM noted that all VideoFACT-funded videos,
and music videos contained within certain programs, such as MuchonDemand,
are captioned. |
55. |
With respect to the quality of captioning,
and the use of roll-up and pop-up captioning, CHUM stated that its
captioning department and real-time captioning supplier follow the
captioning manual prepared by the CAB, in consultation with the deaf and
hard of hearing community, and which sets uppercase letters as the
standard. CHUM added that the captioning manual also sets out specific
guidelines for the proper use of roll-up and pop-up captioning. Pursuant
to these guidelines, the roll-up format is to be used for live
captioning, and for off-line captioned programs that have a live
flavour, such as entertainment and news magazines. CHUM stated that
roll-up captioning is not well suited to dramatic and certain other
types of programming and that it makes use of pop-up captioning where
appropriate and in accordance with established CAB guidelines. |
56. |
The Commission is committed to improving
service to viewers who are deaf or hard of hearing, and has consistently
encouraged broadcasters to increase the amount of closed-captioned
programming they broadcast. The Commission generally requires all
broadcasters to offer a minimum percentage of closed captioned programs.
In the Commission’s view, MuchMusic has sufficient financial resources
to implement a programming schedule with a greater amount of captioned
programming. The Commission acknowledges, however, that MuchMusic will
require time to upgrade its music video library. |
57. |
Consistent with the licensee’s commitment
and with the Commission’s general approach for English-language
services, the Commission has imposed a condition of licence
requiring the licensee to close caption 90% of all non-music
programming, including presentations by program hosts, aired during the
broadcast day in each of the first five years of the licence term.
Beginning in the sixth year of its licence, the Commission requires the
licensee to close caption 90% of all programming, including music
videos, aired during the broadcast day and for the duration of its
licence term. The condition of licence is set out in the appendix to
this decision. |
58. |
With respect to the concerns raised by Captioning
Consumers and by Mr. Clark, the Commission notes that it is currently
reviewing its approaches to closed captioning, with a view to improving
the quantity and quality of captioning in the Canadian broadcasting
system, as set out in Review of certain aspects of the regulatory
framework for over-the-air television, Broadcasting Notice of
Public Hearing CRTC 2006-5,
12 June 2006. |
59. |
The Commission also expects the licensee to
focus on improving the quality, reliability and accuracy of its closed
captioning during the new licence term, and to work with representatives
of the deaf and hard of hearing community to ensure that captioning
continues to meet their needs. |
|
Service to persons
who are blind or whose vision is impaired
|
60. |
The Commission is committed to improving
the accessibility of television programming for persons with visual
impairments through the provision of audio description and video description
(also known as described video). As indicated in Public Notice 2004-2,
in setting described video obligations for specialty services, the
Commission’s focus has been on services featuring those types of programming,
such as drama, documentary and children’s programs, that best lend
themselves to description. |
61. |
The licensee stated that CHUM’s programming
services follow guidelines governing the use of voice-overs to accompany
on-screen text information. It further indicated that it is CHUM’s
policy to inform existing and new producers about the importance of
accessibility to television for all people. CHUM had also undertaken to
ensure that all on-air hosts are aware of the issues surrounding service
to the visually impaired and that, whenever appropriate, hosts verbalize
visual elements. |
62. |
In response to the intervention by Mr.
Clark, CHUM acknowledged that MuchMusic could be technically capable of
providing descriptive video. It noted, however, that this would involve
a significant capital investment which, given the nature of the service,
CHUM did not believe to be appropriate at this time. MuchMusic’s
programming in the new licence term will continue to consist mainly of
music videos, performances and interviews. In the licensee’s view, these
are types of programs that, unlike drama, do not benefit particularly
from description. Consequently, CHUM stated that requiring MuchMusic to
air a guaranteed minimum number of hours of described programming would
not be appropriate. |
63. |
Given the nature of MuchMusic’s programming,
and consistent with the approach adopted in Public Notice 2004-2,
the Commission does not believe it is appropriate to impose specific
conditions of licence with respect to video description at this time.
Nevertheless, the Commission encourages the licensee to describe a
portion of its music video and drama programming and expects the licensee,
during the new licence term, to: |
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- provide audio description wherever appropriate;
- acquire and broadcast the described versions of its
program wherever possible; and
- take the necessary steps to ensure that its customer
service is responsive to the needs of persons whose vision is
impaired.
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Programming delivered
across time zones
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64. |
In Policy on violence in television programming,
Public Notice CRTC 1996-36,
14 March 1996, the Commission noted concerns expressed by parties
that programs originating in certain time zones were being delivered
by satellite to viewers in other time zones at hours that would be
considered as inappropriate for their broadcast, based on the programs’
content. The Commission encourages licensees whose services are distributed
over various time zones to consider viewers in all the time zones
served and offer the requisite protection when certain programs are
scheduled. |
65. |
The Commission wishes to underscore the
importance it places on each broadcaster according proper sensitivity to
the concerns of its viewers with respect to the scheduling of
programming intended for adult audiences, taking into account the time
zone differences between where a program originates and where it is
received. The Commission expects licensees to demonstrate
responsibility, particularly in responding to any complaint. |
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Compliance with
industry codes
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66. |
In accordance with its usual practice for
specialty television services, the Commission is imposing conditions
of licence requiring the licensee to adhere to industry codes
related to sex-role portrayal, advertising to children and the depiction
of violence in television programming. |
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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 in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
|
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Appendix to Broadcasting Decision CRTC 2006-380
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Conditions of licence
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1. (a) The licensee shall provide a national, English-language
specialty programming service consisting only of music or
music-related programming, except as provided by condition of
licence No. 5.
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(b) The programming must be drawn exclusively from the following
categories, as set out in Schedule 1 to the Specialty Services
Regulations, 1990, as amended from time to time:
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2 (a) Analysis and interpretation
(b) Long form documentary
7 (a) Ongoing dramatic series
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(e) Animated television programs and films
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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2. A minimum of 50% of MuchMusic’s broadcast week shall be devoted
to the exhibition of programming featuring music video clips -
Category 8 (b).
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3. The licensee shall devote not more than 15% of the broadcast
week to music-related programming from Categories 7(a) – Ongoing
dramatic series and 7(e) - Animated television programs and films.
|
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4. The licensee shall not distribute more than six hours of
music-related Theatrical feature films aired on TV - Category 7(d) in
each broadcast week.
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5. Notwithstanding condition of licence No. 1, the licensee shall
devote no more than 5% of the broadcast week to programming from
Category 2(a) and 2(b) combined, except as individually authorized in
writing by the Commission for extended coverage of special events.
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6. The licensee shall devote to the distribution of Canadian
programs not less than
|
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(a) 60% of the broadcast week and
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(b) 50% of the time from 6:00 p.m. to midnight (Eastern time)
during each broadcast week.
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7. Not less than 30% of the total number of music videos
distributed by the licensee during each broadcast week shall be
Canadian music videos.
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8. The licensee shall schedule its Canadian music videos evenly
throughout each broadcast week and in a reasonable manner throughout
each broadcast day.
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9. In each broadcast week,
|
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(a) not less than 5% of the total number of music videos
distributed by the licensee shall be French-language music videos,
or
|
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(b) the licensee shall broadcast each weekday, a minimum of one
half-hour video-oriented program, which will feature between three
and five French-language music videos or performances per program.
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10. In accordance with the Commission’s position on Canadian programming
expenditures as set out in New Flexibility With Regard to Canadian
Program Expenditures by Canadian Television Stations, Public
Notice CRTC 1992-28,
8 April 1992, in The Reporting of Canadian Programming
Expenditures, Public Notice CRTC 1993-93,
22 June 1993, and in Additional Clarification Regarding the Reporting
of Canadian Programming Expenditures, Public Notice CRTC 1993-174,
10 December 1993:
|
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(a) In each broadcast year of the licence term, the licensee
shall allocate not less than 7% of the gross revenues derived from
the operation of this service during the previous broadcast year to
VideoFACT for the development and production of Canadian music
videos.
|
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(b) In each broadcast year of the licence term, the licensee
shall expend on the acquisition of and/or investment in Canadian
programs a minimum of 33%, including 7% to VideoFACT, of the gross
revenues derived from the operation of this service during the
previous broadcast year;
|
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(c) In each broadcast year of the licence term, 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 calculated in accordance with this
condition; in such case, the licensee shall expend in the next
broadcast year of the licence term, in addition to the minimum
required expenditure for that year, the full amount of the previous
year’s under-expenditure;
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(d) 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 calculated in
accordance with this condition, 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 over-expenditure; and
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(ii) from the minimum required expenditure for any subsequent
broadcast year of the licence term, an amount not exceeding the
difference between the over-expenditure and any amount deducted
under (i) above.
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(e) Notwithstanding paragraphs (c) and (d) above, during the
licence term, the licensee shall expend on Canadian programs, at a
minimum, the total of the minimum required expenditures calculated
in accordance with this condition of licence.
|
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11. (a) Subject to subsection (b), the licensee shall not
distribute more than 12 minutes of advertising material per clock
hour.
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(b) The licensee shall not distribute any paid advertising
material other than paid national advertising.
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(c) 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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12. The licensee shall charge each exhibitor of this service a
maximum wholesale rate of $0.09 per subscriber per month where the
service is distributed as part of the basic service.
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13. The licensee shall adhere to the guidelines on the depiction of
violence in television programming set out in the Canadian Association
of Broadcasters’ (CAB) 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 Canadian Broadcast Standards Council (CBSC).
|
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14. The licensee shall adhere to the guidelines on gender portrayal
set out in the CAB’s 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 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 provide closed captioning for 90% of all
non-music programming, including presentations by program hosts, aired
during the broadcast day in each of the first five years of the
licence term.
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17. Beginning on 1 September 2011, the licensee shall provide
closed captioning for 90% of all programming aired during the
broadcast day.
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Definitions |
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"broadcast day" means a 24-hour period
beginning each day at 6:00 a.m., or any other period approved by the
Commission. |
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"broadcast week" means seven consecutive
days beginning on Friday. |
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"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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"paid national advertising" means
advertising that is purchased at a national rate and receives national
distribution on the service. |
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"music videos" will be known as
"music video clips" and "Canadian music video clip"
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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"music-related" shall be defined as about
music or the music or recording industries, or about or featuring
musical artists, concerts and musical performances, compositions or
events. |
Date Modified: 2006-08-18 |