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Broadcasting Decision CRTC 2004-14
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Ottawa, 21 January 2004 |
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Odyssey Television Network Inc.
Across Canada |
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Application 2002-0953-7
Public Hearing in the National Capital Region
26 May 2003 |
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Odyssey Television Network – Licence renewal
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In this decision, the Commission
renews the broadcasting licence for the specialty television
service known as Odyssey Television Network, from 1 March 2004 to 31 August
2010. 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 Odyssey Television Network Inc. for the renewal of the
broadcasting licence for the national, ethnic specialty television service
known as Odyssey Television Network (Odyssey). |
2. |
The Commission’s general analysis
with respect to its consideration of this and other applications heard at the
26 May 2003 Public Hearing for the licence renewal of specialty television
services is set out 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). |
3. |
The Commission received 18
interventions in support of Odyssey Television Network’s licence renewal
application. No party expressed opposition or specific concerns in connection
with this application. |
4. |
Other interveners raised general concerns
related to all the specialty television licence renewal applications
considered as part of this public process. These concerns are discussed in
Public Notice 2004-2. |
5. |
On the basis of its review of this licence
renewal application and having considered the interveners’ comments, the
Commission renews the broadcasting licence for Odyssey Television
Network, from 1 March 2004 to 31 August 2010.1
The licence will be subject to the conditions specified therein and to the
conditions set out in the appendix to this decision. |
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Nature of service
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6. |
The Commission originally licensed Odyssey in
New Greek-language regional specialty service – Approved, Decision
CRTC 96-616, 4 September 1996. The service
was authorized to provide a regional specialty television service having as
its target audience the Greek-language communities of Ontario. In Licence
amendment, Decision CRTC 97-257, 6
June 1997, the Commission authorized the distribution of the service across
Canada. |
7. |
Odyssey’s current condition of licence
pertaining to its nature of service states: |
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1 (a) The licensee shall provide a national specialty service, with
programming intended for the Greek communities of Canada. Subject to
subsection (b), Odyssey shall draw 100% of its programs from Type A
programs as defined in Schedule II of the Specialty Services
Regulations, 1990, in the Greek language.
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(b) On an exceptional basis during its news, public affairs or youth
programs, the licensee may distribute brief segments in the English
language to accommodate interviews and other segments from persons unable
to converse in Greek. All such non-Greek language inserts are to be
accompanied by a summary in the Greek language and shall not constitute
more than 20% of any given program.
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8. |
The term Type A programming corresponds with the
definitions found in the Commission’s policy on ethnic broadcasting set out
in A Broadcasting Policy Reflecting Canada’s Linguistic and Cultural
Diversity, Public Notice CRTC
1985-139, 4 July 1985. The Commission reviewed the policy in 1999 and
published its revised Ethnic Broadcasting Policy, Public Notice CRTC
1999-117, 16 July 1999 (Ethnic
Policy). Under the current policy, what was formerly referred to as Type A
programming is now known as third-language programming. |
9. |
As part of the licence renewal process, the
licensee stated that it would accept a revision to its current condition of
licence describing its nature of service so as to ensure consistency with the
revised Ethnic Policy. Accordingly, the Commission has amended Odyssey’s
condition of licence 1(a) to read as follows: |
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1 (a) The licensee shall provide a national ethnic specialty service,
with programming intended for the Greek communities of Canada. Subject to
subsection (b), 100% of its programs shall be Greek-language ethnic
programs.
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10. |
The full condition of licence on the
nature of service is set out in the appendix to this decision. |
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Expenditures on Canadian programming
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11. |
During the current licence term, the licensee
has been required, by condition of licence, to expend on Canadian programs a
minimum of 27% of the previous year’s gross revenues with respect to Odyssey.
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12. |
The Commission notes that the licensee recorded
negative profit before interest and tax (PBIT) in each year of Odyssey’s
first licence term. Taking into account Odyssey’s past financial performance
and consistent with the approach described in Public Notice
2004-2, the Commission has
determined that increases in the licensee’s current requirements with respect
to expenditures on Canadian programming are not warranted at this time.
Accordingly, the Commission requires the licensee to maintain the level of
its Canadian programming expenditures at 27% of the previous year’s gross
revenues. A condition of licence to this effect is set out in the
appendix to this decision. |
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Exhibition of Canadian programming and the definition of the broadcast
day>
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13. |
By condition of licence, the licensee must
devote not less than 16% of the broadcast year, based on an 18-hour broadcast
day, and not less than 16% of the evening broadcast period to the exhibition
of Canadian programs. The Commission’s analysis of the licensee’s program
logs for the 1999-2000 broadcast year revealed, however, that 13.9% of the
programming aired during the broadcast year was Canadian, and that 29.92% of
the programming aired during the evening broadcast period was Canadian. |
14. |
In a letter dated 19 December 2002, the
Commission advised the licensee that it was not in compliance with respect to
the level of Canadian content to be aired over the broadcast year. The
licensee responded that the shortfall was a result of its misinterpretation
of the definition of broadcast day. It had incorrectly assumed that when
Odyssey changed from a regional service to a national service in 1997, the
definition of its broadcast day had also changed to one based on a 24-hour
period. Once it became aware of the non-compliance, the licensee immediately
rearranged its schedule to ensure that its service was operating in
compliance with its Canadian content requirements. |
15. |
During the licence renewal process, the licensee
requested that the Commission amend the definition of the broadcast day for
the purposes of Odyssey’s conditions of licence, from an 18-hour period,
beginning at 6 a.m. each day, to a 24-hour period beginning at 6 a.m., each
day. The licensee stated that, as a national service, Odyssey must offer
programming to subscribers across Canada. According to the licensee, it does
not have the financial resources to offer different feeds and must,
therefore, develop one programming schedule that meets the needs of most of
its subscribers. A 24-hour broadcast day would give it greater flexibility in
scheduling its programming to meet its viewers’ needs and ensure the
availability of its service to its subscribers at any time in all time zones,
particularly those in western Canada. The licensee also stated that, if this
request were approved, it would increase the level of the Canadian
programming aired by Odyssey by 1% in each broadcast year of the new licence
term, based on at least a five-year licence term, up to a maximum of 24% over
the broadcast year, and 22% during the evening broadcast period. |
16. |
The Commission asked the licensee to explain how
it would ensure that its Canadian programming was scheduled evenly throughout
the broadcast day if its request for a 24-hour day were approved. The
licensee responded that it plans to offer Canadian programs originating from
different regions across Canada and to schedule these programs at various
different times during the day to accommodate the different time zones and to
provide viewers with the opportunity of a second showing of a particular
program. The licensee also indicated that it would accept a condition of
licence requiring that its Canadian programs be scheduled evenly throughout
the broadcast day. |
17. |
With respect to the request to amend the
definition of broadcast day, the Commission finds that the proposed amendment
is appropriate. Accordingly, the Commission approves the proposal to
amend the definition of the broadcast day for the purposes of Odyssey’s
conditions of licence. Effective 1 September 2004, the broadcast day shall
mean a 24-hour period commencing at 6 a.m., each day, or any other period
approved by the Commission. |
18. |
With respect to the level of Canadian
programming broadcast on Odyssey during the current licence term, the
Commission is satisfied that the licensee’s non-compliance was the result of
an honest misinterpretation of the definition of broadcast day and that the
licensee did not deliberately broadcast less Canadian programming than
required by its condition of licence. Once the licensee was made aware of the
problem, it acknowledged its non-compliance and immediately rectified the
situation by amending its schedule and bringing its service into compliance. |
19. |
The Commission notes that the licensee made a
commitment to devote 24% of the broadcast year and 22% of the evening
broadcast period to Canadian programs by the end of the licence term, if its
request for a 24-hour broadcast day were approved. In light of the approval
granted herein, the Commission expects the licensee to fulfil this
commitment. At the same time, given the licensee’s current financial
capability, the Commission has decided to maintain the present levels of
Canadian programming required by condition of licence, namely 16% of the
broadcast year, and 16% of the evening broadcast period. A condition of
licence to this effect is found in the appendix to this decision. |
20. |
In accordance with the licensee’s commitment,
the Commission is also imposing a condition of licence, as set
out in the appendix, requiring the licensee to schedule its Canadian programs
evenly throughout each broadcast day. |
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Canadian independent production
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21. |
The licensee stated that, during the current
licence term, it had developed a good network of Canadian independent
producers. It acquired programming from independent producers located
primarily in Montréal, Vancouver and Calgary. The licensee plans to continue
to seek co-operative production agreements with Canadian independent
producers during the new licence term and to continue to provide them with
access to its production facilities as well as its editorial expertise. |
22. |
The licensee made a commitment that, during the
new licence term, it will continue to make 30 minutes of its Sunday afternoon
schedule available for programming produced by various philanthropic and
community groups such as the Canadian Hellenic Congress, the Canadian Red
Cross, hospitals and other organizations. |
23. |
The Commission encourages the licensee to
continue to acquire programming from Canadian independent producers during
the new licence term. |
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Regional reflection and production
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24. |
The Commission expects the licensee to ensure
that the programming aired by Odyssey reflects all Canada’s regions. The
Commission also expects the licensee to provide opportunities for producers
working outside the major production centres to supply programming for the
service. |
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Cultural diversity
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25. |
The licensee stated that, in view of the fact
that Odyssey is an ethnic service targeted to Greek-language communities
across the country, all its programming and other activities are necessarily
geared to ensuring the reflection of Canada’s cultural diversity. |
26. |
The Commission expects all broadcasters,
including the licensees of ethnic services, to endeavour, through their
programming and employment opportunities, to reflect Canada’s ethno-cultural
minorities, Aboriginal peoples as well as persons with disabilities. While
recognizing that Odyssey’s programming is targeted specifically to
Greek-language communities, the Commission expects the licensee to ensure
that the on-screen portrayal of all groups is accurate, fair and
non-stereotypical. |
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Employment equity and on-air presence
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27. |
The Commission encourages the licensee to
consider employment equity issues in its hiring practices and in all other
aspects of its management of human resources. The licensee stated that it has
developed an employment equity plan. The licensee acknowledged that, as a
Greek-language service, it must give priority to people who are proficient in
that language when screening prospective employees. It, nevertheless, also
stated that it will strive to staff positions that do not require proficiency
in the Greek language from the four designated groups. |
28. |
With respect to on-air presence, the Commission
expects the licensees of specialty television services to ensure that 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. The Commission expects Odyssey Television Network Inc. 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 Odyssey. |
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Service to persons who are deaf or hard of hearing
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29. |
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 consistent with the nature of
their services. |
30. |
In its original application for a broadcasting
licence, the licensee stated that, if finances permitted, it would close
caption at least one hour per week of its own local productions by the
seventh year of operation. The licensee, however, was unable to provide
closed captioning for any of the programming broadcast on Odyssey during its
first licence term. It did install a telecommunication device for the deaf
(TDD) system at its premises and provides a telephone service designed for
people with hearing impairments. |
31. |
The licensee stated that it would be unable to
offer closed captioning of the Greek-language programming offered on its
service during the new licence term. It explained that Greek characters are
not yet available for captioning in Canada and that very little
Greek-language programming is close captioned elsewhere. Furthermore, a
survey of its subscribers revealed that there is currently little demand for
closed captioning of its Greek-language programming. The licensee stated
that, if Greek characters became available in Canada or the demand for closed
captioning increased, it would reconsider its position. |
32. |
The licensee also contended that it would not be
practical or financially feasible to close caption its English-language
programming because it is authorized to offer such programming only an an
exceptional basis during its news, public affairs or youth programs and only
in brief segments. It noted, however, that some films obtained from Greek
producers contain subtitles in English and stated that it will continue to
air these films, as they are available. The licensee stated that, if its
financial resources permit, it would close caption at least one hour per week
of its own local productions by the end of the second year of the new licence
term. |
33. |
The Commission recognizes the challenges faced
by the licensee in obtaining and/or providing closed captioning for
Greek-language programming. Furthermore, the Commission agrees that it would
not be practical to require closed captioning of the brief segments of
English-language programming broadcast on Odyssey. In accordance with the
licensee’s commitment, the Commission encourages the licensee to provide
closed captioning of at least one hour in each broadcast week of its own
local production, as finances permit. |
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Service to persons who are blind or whose vision is impaired
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34. |
The Commission is committed to improving the
accessibility of television programming for persons with visual impairments
through the provision of audio description2
and video description (also known as described video)3. |
35. |
In its licence renewal application, the licensee
stated that its secondary audio programming (SAP) channel is currently not
available for providing described video because it is used for the
distribution of a Greek-language radio station as a complimentary service to
Odyssey’s subscribers. According to the licensee, this radio service plays an
important role for Odyssey because it attracts subscribers and contributes to
their overall satisfaction with the specialty television service. |
36. |
At the same time, the licensee maintained that
it recognizes the importance of providing accessibility to its service for
persons who have visual impairments. The licensee stated that it will
continue to work with programming suppliers to develop effective audio tracks
for its programming. Once a substantial amount of described audio tracks are
available for its programming, it will implement the steps to make such
programming available to its subscribers. In the meantime, the licensee plans
to explore opportunities for the simulcasting of popular programming on
Odyssey and the Greek radio station. |
37. |
The Commission expects the licensee to provide
audio description, wherever appropriate. |
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Programming across time zones
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38. |
As discussed in Public Notice
2004-2, the Commission expects
the licensee to demonstrate responsibility in the scheduling of programming
intended for adult audiences, taking into account time zone differences
between where a program originates and where it is received. |
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Compliance with industry codes
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39. |
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 at the following Internet site: http://www.crtc.gc.ca |
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Appendix to Broadcasting Decision CRTC 2004-14
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Conditions of licence
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1 (a) The licensee shall provide a national
ethnic specialty television service, with programming intended for the Greek
communities of Canada. Subject to subsection (b), 100% of its programs shall
be Greek-language ethnic programs. |
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(b) On an exceptional basis during its news, public affairs or youth
programs, the licensee may distribute brief segments in the English
language to accommodate interviews and other segments from persons unable
to converse in Greek. All such non-Greek language inserts are to be
accompanied by a summary in the Greek language and shall not constitute
more than 20% of any given program.
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2. (a) In each broadcast year, the licensee
shall devote to the exhibition of Canadian programs not less than 16% of the
broadcast day, and not less than 16% of the evening broadcast period. |
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(b) The licensee shall schedule its Canadian programs evenly throughout
each broadcast day.
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3. 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
expend on the acquisition of and/or investment in Canadian programs a
minimum of 27% of the gross revenues derived from the operation of this
service during the previous broadcast year.
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(b) 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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(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 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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(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 calculated in accordance with
this condition of licence.
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4.(a) Subject to subsection (b), the licensee
shall not distribute more than eight (8) 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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5. 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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6. 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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7. 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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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; effective 1 September
2004, the term "broadcast day" shall mean a 24 hour day commencing at 6 a.m.,
each day, or any other period approved by the Commission. |
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1In Administrative
renewals, Broadcasting Decision CRTC
2003-290, 21 July 2003, the Commission granted a six-month administrative
renewal for Odyssey Television Network, from 1 September 2003 to 29 February
2004.
2 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.
3 Video description, or
described video, 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. |
Date Modified: 2004-01-21 |