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Broadcasting Decision CRTC 2004-20
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Ottawa, 21 January 2004 |
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South Asian Television Canada Limited
Across Canada |
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Application 2002-0899-3
Public Hearing in the National Capital Region
26 May 2003 |
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ATN – Licence renewal
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In this decision, the Commission
renews the broadcasting licence for the specialty television
service known as ATN, 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 |
1. |
The Commission received an application by
South Asian Television Canada Limited for the renewal of the
broadcasting licence for the national, ethnic specialty television
service known as ATN. |
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 one intervention
that specifically supported ATN’s licence renewal application. No party
expressed opposition or specific concerns in connection with this
application. 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. |
4. |
On the basis of its review of this licence
renewal application and having considered the interveners’ comments, the
Commission renews the broadcasting licence for ATN, 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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5. |
The Commission originally licensed ATN in
New South Asian and English-language regional specialty service –
Approved, Decision CRTC 96-617, 4 September 1996. The service was
authorized to provide a regional specialty television service having as
its target audience the South Asian communities of Ontario. In
Licence amendment, Decision CRTC 97-31, 7 August 1997, the
Commission authorized the distribution of the service across Canada. |
6. |
ATN’s current condition of licence
pertaining to its nature of service states: |
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The licensee shall provide a national specialty service having as
its target audience the South Asian communities of Canada. The
licensee shall draw not less than 75% of its programs from Type A
programming and not more than 25% of its programs from Type C
programming, as set out in Schedule II of the Specialty Services
Regulations, 1990.
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7. |
The terms Type A programming and Type C
programming correspond with the definitions of ethnic programming 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 (Ethnic Policy), Public Notice CRTC
1999-117, 16
July 1999. The revised policy no longer refers to program types.
Instead, the policy defines an ethnic program as one that is directed to
any culturally or racially distinct group other than one that is
Aboriginal Canadian, or from France or the British Isles. Such programs
may be in any language or combination of languages. |
8. |
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 in order to ensure
consistency with the revised Ethnic Policy. Accordingly, the Commission
has amended ATN’s condition of licence in order to require that all of
its programming be ethnic programming, and that a minimum of 75% be
third-language programming and a maximum of 25% be English- or
French-language ethnic programs. |
9. |
The revised condition of licence is
set out in the appendix to this decision. |
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Expenditures on, and exhibition of, Canadian programming
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10. |
During the current licence term, the
licensee has been required, by condition of licence, to expend on
Canadian programs a minimum of 15% of the previous year’s total revenues
with respect to ATN. By condition of licence, the licensee must also
devote not less than 17% of the broadcast year, and not less than 8% of
the evening broadcast period to the exhibition of Canadian programs. |
11. |
The Commission notes that the licensee
recorded negative profit before interest and tax in each year of ATN’s
first licence term. Taking into account ATN’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, and exhibition of,
Canadian programming are not warranted at this time. Accordingly, the
Commission requires the licensee to maintain the level of its Canadian
programming expenditures at 15% of the previous year’s gross revenues
and to continue to devote at least 17% of the broadcast year and at
least 8% of the evening broadcast period to the exhibition of Canadian
programs. Conditions of licence to that effect are set out in the
appendix to this decision. |
12. |
In response to the Commission’s questions
as part of the licence renewal process, the licensee stated that it
would consider increasing the amount of Canadian programming broadcast
on ATN when the service has achieved wider distribution on analog
channels of broadcasting distribution undertakings. The Commission
encourages the licensee to increase the amount of Canadian programming
offered on its service during the new licence term, as its financial
performance improves. |
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Canadian independent production
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13. |
During the current licence term, the
licensee acquired programming from the independent production sector
only on a limited basis. The licensee explained that its ability to
acquire programs from Canadian independent producers has been hampered
by the difficulties it has encountered in launching its service on cable
systems. |
14. |
The licensee made a commitment that, during
the new licence term, it will distribute a minimum of four hours in each
broadcast week of programs provided by the Canadian independent
production sector. It expects to achieve a much greater penetration of
its target market by the sixth year of the new licence term and plans to
increase its efforts to obtain programming from the Canadian independent
production sector at that time. |
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Regional reflection and production |
15. |
The Commission expects the licensee to
ensure that the programming aired by ATN 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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16. |
The Commission notes that the licensee has
established an advisory committee consisting of eighteen members
representing various groups within the South Asian community in Canada.
The committee advises the licensee on the programming that these groups
wish to see presented on ATN as well as issues and community-related
events that should be addressed by the service. In addition, the
committee advises the licensee regarding sensitive issues affecting the
South Asian community and how ATN could promote harmony within the
diversified groups of this community. |
17. |
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 and Aboriginal peoples as well as persons with
disabilities. While recognizing that ATN’s programming is targeted
specifically to the South Asian communities in Canada, 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 |
18. |
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 Commission also
expects the licensees of specialty television 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. The Commission expects South
Asian Television Canada Limited 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 ATN. |
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Service to persons who are deaf or hard
or hearing |
19. |
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. |
20. |
In its licence renewal application, the
licensee indicated that it does not have the financial resources to
purchase the necessary equipment to close caption the English-language
programs offered on its service. For this reason, it has increased the
sub-titling of its programming. |
21. |
In the present case, the Commission
recognizes ATN’s financial difficulties as well as the challenges faced
by the licensee in obtaining closed captioning for programming offered
on its service in languages other than English and French. Accordingly,
the Commission encourages the licensee to provide closed captioning of
English-language programming, wherever possible during the new licence
term. |
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Service to persons who are blind or whose vision is impaired
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22. |
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 |
23. |
In its licence renewal application, the
licensee indicated that its service is not technically capable of
providing descriptive video by means of a secondary audio programming
(SAP) channel. It stated that it endeavours to provide voice-overs for
text and graphic information displayed on screen, especially public
service announcements as well as any sports scores presented in its
newscasts. |
24. |
The Commission expects that, during the new
licence term, the licensee will: |
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- provide audio description, wherever appropriate;
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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 viewers who have visual impairments.
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Programming delivered across time zones
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25. |
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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26. |
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 2004-20
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Conditions of licence
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1. The licensee shall provide a national specialty television
service having as its target audience the South Asian communities of
Canada. The licensee’s programming will consist entirely of ethnic
programming of which a minimum of 75% will be third-language
programming and a maximum of 25% will be English- or French-language
ethnic programs.
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2. In each broadcast year, the licensee shall devote to the
exhibition of Canadian programs not less than 17% of the broadcast
day, and not less than 8% of the evening broadcast period.
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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 15% 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. |
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Footnotes:
3Video
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. |