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Public Notice
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Ottawa, 11 June 1999 |
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Public Notice CRTC 1999-97 |
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BUILDING ON SUCCESS - A POLICY FRAMEWORK FOR CANADIAN TELEVISION
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Table of contents
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Preface
Canadian broadcasting is a success
The keys to continued success
A framework for the future: flexibility, diversity, choice
a) The principles
b) The framework
Implementation |
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The Policy |
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The public process |
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The system today |
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The environment of the future |
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Building on a strong ownership
structure
Multi-station ownership groups
Ownership policy
Vertical integration
Benefits policy |
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Building on success - Canadian
content
Priority program categories
Hours of priority programs in peak time
Peak time
Local and regional news programming
Time credits for Canadian drama
Priority local and regional programming
Children's programming
Canadian content levels for private conventional television stations |
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Implementation |
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Building on success - A strong
private broadcasting sector
The expenditure requirement
Advertising
Infomercials
Substitution
Pay and specialty sector
Pay and specialty - First run amendment
Foreign satellite services
Digital television |
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Building on success - Reaching a
wider audience
Cultural diversity
Societal issues
Violence
Gender portrayal
Employment equity
Closed captioning
Service to the visually impaired |
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Appendix 1 - Reference
documents |
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Appendix 2 - Policy
implementation chart |
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Appendix 3 - The public
process for the Canadian Television Policy Review
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Preface
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In Public Notice CRTC (PN) 1998-44 dated 6
May 1998, the Commission announced that it would undertake a review of its
policies relating to private television. Emphasizing that Canadians have many
reasons to be proud of their television system, the Commission stated: "we
must explore ways to build upon these achievements, by ensuring that our
regulatory framework continues to be effective in a rapidly changing
communications environment." |
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As part of this exploration, the Commission
received hundreds of written comments, invited the public to consultations
across the country and held a public hearing in September 1998. It is evident
that Canadians are impressed by the many achievements of our television
system and will continue to have high expectations of Canadian broadcasters
and the programming they provide. |
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Canadian broadcasting is a success |
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At the September 1998 public hearing and
throughout the process, one point was repeatedly made: the fundamentals of
the Canadian private television system are sound. Canadian viewers appreciate
the exceptional range of television services available to them over-the-air,
through cable and other distribution undertakings. These sources have
increased the variety of Canadian programs available to viewers and opened
new markets for independent producers. |
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Not only are Canadian programs available;
they are popular. Viewing to English-language programs increased between 1993
and 1997, at a time when additional foreign channels and programming were
becoming available. |
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French-language programming in particular is
extremely successful. Canadian programs regularly achieve some of the highest
program ratings; in some years, as many as 19 of the 20 highest-rated
programs in the Quιbec market have been Canadian-produced. This laudable
success is due in no small part to the well-developed and effective "star
system" in Quιbec that showcases Canadian actors and programs. |
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The TV industry is successful in terms of
viewer satisfaction and quality product. It is also a financial success. The
profits for both conventional television and specialty services have risen
significantly since 1993. The 1997 PBIT (profit before interest and taxes)
margin stood at 15.6% for conventional television and at 17.4% for pay and
specialty television. Notably, conventional TV remained profitable in spite
of the introduction of new conventional, pay and specialty services in 1995,
1996 and 1998, with a PBIT margin of 11.1% in 1998. |
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In both English- and French-language
markets, ownership groups have grown in size, become stronger competitors in
both domestic and international markets, and increased their capacity to
create appealing and popular programming for Canadian audiences. |
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The Canadian independent production sector
has also been extremely successful over the past decade, confirming the
efficacy of public policies in promoting independent Canadian production. |
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While this process primarily addressed
private television, the Commission recognizes the strong presence and
essential contributions of the public broadcasting sector. Its continued
strength is imperative to ensure the economic viability and the development
of high quality programming. |
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The keys to continued success |
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There are a number of elements central to
the success of the Canadian broadcasting system: |
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The dedication, creative talent and
business acumen of those individuals who built dynamic businesses based on
the quality programming that Canadians enjoy. |
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The intricate web of public and private
support for Canadian programs which enables broadcasters to compete on an
equal footing with the best in the world. |
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The regulations and policies which ensure
that the objectives set out by Parliament in the Broadcasting Act (the Act)
are met. These policies and regulations constitute a regulatory framework for
the broadcasting system. |
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A framework for the future: flexibility,
diversity, choice |
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a) The principles |
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As indicated in the previous section,
Canadian television has been successful in many ways. However, programs in
areas other than news and sports still have difficulty in achieving financial
success. Improving this picture is a major goal of the new policy. |
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As a result of this review of television
policies, the Commission has developed five principles to support a
financially strong broadcasting system within an effective new regulatory
framework. Such a framework will: |
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Ensure quality Canadian programs at times
when Canadians are watching. |
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Reflect the diversity of Canada's regions
and peoples. |
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Support an economically successful
broadcasting industry. |
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Require regulation only where the goals of
the Act cannot be met by other means. |
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Ensure that regulations are clear,
efficient and easy to administer. |
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In addressing strategies designed to
maintain a strong and successful Canadian broadcasting system, the Commission
considered the expectations of Canadian audiences for quality Canadian
programming, the demands of the marketplace, the creativity of Canadian
artists and producers, the increased consolidation and strengths of the
broadcast industry and the public interest obligations set out in the Act. |
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For broadcasters and producers to continue
to adapt with success to an increasingly complex and competitive environment,
the framework within which they operate must be one that facilitates and
enhances flexibility, diversity and choice. These elements will contribute to
making the economics work. They will also ensure continued and substantial
investment in Canadian programs which are characterized by their variety,
quality and distinctiveness. |
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At the core of the Canadian broadcasting
system are broadcasters dedicated to diversify and expand Canadian
programming by building on the successes they have achieved. Key to this
success is their knowledge of, and relationship with, their viewers. |
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b) The framework |
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With this in mind the Commission has defined
a framework which, with the economic realities of a competitive environment
as a starting point, maximizes flexibility for broadcasters, opportunities
for producers and choice in Canadian programming for viewers. |
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The tenets of the framework are: |
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Emphasize on the exhibition of Canadian
programs in peak time. |
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Broadcasters must provide quality programs
to survive in a highly competitive market. Given that Canadians want Canadian
programs, quality programs must be available when large numbers of Canadians
are watching. |
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Expand the categories of priority
programs. |
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This will encourage broadcasters to provide
a greater diversity of Canadian information and entertainment programming. |
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Provide credits for Canadian drama. |
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This recognizes that drama is more expensive
to create, produce and exhibit and competes with expensive foreign programs. |
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Require local and regional reflection
whether through news or non-news programming. |
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Maintain the existing level of Canadian
content. |
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Not less than 60% of the broadcast year and
not less than 50% of the 6 p.m. to midnight evening broadcast period must be
devoted to Canadian programs. |
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Implementation |
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The implementation date for changes defined
in this notice will be 1 September 2000, unless otherwise indicated. |
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Where required, changes will be made to the
regulations or will be implemented by proposed amendments to existing
conditions of licence. |
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The Commission recognizes the different
conditions under which English- and French-language broadcasters operate. The
findings of the proceeding confirmed the different realities of the
French-language market, as well as its remarkable success. |
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The general approach outlined in this policy
will apply to both French- and English-language markets. The French-language
market already provides significant levels of Canadian content in prime time.
This policy will provide flexibility to both markets and should stimulate the
English-language market to achieve the same success with Canadian programs as
the French-language broadcasters enjoy. |
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See Appendix 2 for specific implementation
mechanisms and dates. |
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BUILDING ON SUCCESS |
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The public process |
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1. The Commission announced a comprehensive
review of its policies for Canadian television in the Vision Action Calendar,
published in October 1997. A call for comments was published on 6 May 1998
with the focus on private conventional television (Public Notice (PN)
CRTC 1998-44). During May and
June 1998, the Commission held informal consultations in sixteen communities
across the country. It received 350 written submissions prior to the 23
September 1998 public hearing in the National Capital Region. At that
hearing, which ended on 15 October 1998, 99 parties representing a wide
cross-section of the Canadian broadcasting and production industries made
presentations. The Commission was pleased that a large number of groups and
invididuals representing Canadians of various backgrounds and interests also
presented their views as to how the television system could better reflect
the changing reality of our country and our peoples. Following the public
hearing, parties were provided with the opportunity to file final written
comments. |
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2. The Commission appreciates the high quality
of the submissions it received during this extensive public process and
wishes to thank all parties for their views and participation. The Commission
considered all of the submissions in reaching its determinations. The full
public record of all views and proposals considered by the Commission is
available at Commission offices. |
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The system today |
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3. In announcing this review, in PN 1998-44 the
Commission noted that Canadians have reason to be proud of their television
system. Although it has developed in close proximity to the world's most
prolific producer and exporter of popular television programming, our system
supports a large number of distinctly Canadian conventional, specialty, and
pay television services. It also offers some of the best of foreign
programming, whether on available foreign services or in the schedules of
Canadian television stations. |
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4. The Commission was pleased to hear
participants present evidence of the successes that Canadian broadcasters
have achieved. Examples of the noteworthy accomplishments of the television
broadcasting system that the Commission will continue to foster include the
following: |
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At least 48 Canadian television services are
available in English-language markets through cable and other distribution
undertakings. In most French-language markets, distribution undertakings may
now provide viewers with up to 17 services and soon will provide four
recently licensed Canadian French-language television services. Most
Canadians have access to the four commercial networks operating in the U.S.,
plus PBS, and the Commission has also authorized 41 other foreign television
services for carriage on Canadian broadcast distribution undertakings. |
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Viewing of English-language Canadian programs,
as a percentage of all viewing of English-language television, increased from
27% to 33% from 1992 to 1997, according to the Commission's audience
research, which incorporates data from the Bureau of Broadcast Measurement
(BBM). Neilsen media research presented at the hearing indicates that the
audience for Canadian programs remained at about 32% during the same period.
During that time, additional foreign channels became available, and
foreign-produced programming was included on new Canadian specialty channels.
The Commission considers that the increased, or even constant audience for
Canadian programs represents a migration of Canadian audiences to those
programs during that period - a significant success. |
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Viewing of Canadian programs in the French
language accounted for 76.5% of all viewing, an increase of 3% since 1991,
according to the Commission's research. In the Quιbec market, Canadian drama
programs are extremely popular and represent 25% of all television viewing.
In 1997, 8 of the 10 highest rated programs in Quιbec were Canadian. |
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Drama programming is the most popular genre
for both English- and French-speaking viewers. Drama programming from the
U.S. has always dominated English-language schedules and audience response on
English private television. Nevertheless, since 1991, there has been
measurable improvement in the quality, availability and viewing of
English-language Canadian dramatic programming. The Commission's audience
research shows that, on English-language CBC stations and affiliates, between
1991 and 1997, the amount of Canadian drama increased by 4 hours per week in
the peak viewing period (7:00 - 11:00 p.m.). On private stations, there has
been an increase of approximately 30 minutes per week over the same period.
During the same years, viewing of Canadian drama on CBC stations and
affiliates, as a percentage of viewing of all English-language drama in the
7:00 - 11:00 p.m. time block, increased from 48% to 71%, as a direct result
of CBC's "Canadianization" of its schedule. There has also been a moderate
increase in such viewing for private stations. |
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From 1994 to 1997, English-language
conventional television licensees who were required by condition of licence
or by expectation to make minimum expenditures on Canadian programs
collectively exceeded their requirements by approximately $62 million. |
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Another highly successful segment of the
industry is the Canadian independent production sector. Over the past decade,
production export revenues have tripled, investment in Canadian film and
television projects has quadrupled, and the sector's profits have quintupled.
The growth of this industry is a credit to the entrepreneurial spirit and
creativity of those involved, combined with successful public policy. |
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The environment of the future |
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5. The Commission stated in PN 1998-44 that it
wished to explore ways to build upon Canadian achievements, by ensuring that
the regulatory framework continues to be effective in a rapidly changing
environment. Given the scope, complexity and pace of change, it is difficult
to predict the exact nature of those changes and how and when they may have
an impact. At the public hearing, the Commission exchanged views concerning
the broadcasting environment over the next decade. In particular, the
Commission sought imaginative ways in which domestic and international
broadcasting could best serve Canadians. |
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6. There was general consensus at the public
hearing that the next decade will see a continued increase in viewing choice.
Most of these new choices will be in discretionary services, though it is
possible that additional over-the-air television services will be licensed,
or distributed in new markets. The increased use of digital technology will
provide opportunities for the launch of new Canadian television services and
the carriage of additional foreign services. However, this will result in
increased competition and fragmentation of audiences and revenues for
domestic broadcasters. |
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7. The changing broadcasting environment will
also provide other opportunities. Canadian programs are sold throughout the
world and this market will undoubtedly continue to grow. However, the export
of programming is not the only opportunity for Canadian broadcasters and
producers. Some licensees have demonstrated unique approaches to programming
and marketing in other countries. Such opportunities will continue over the
next decade as Canadian broadcasters and producers build on their core
strengths and expertise. |
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8. The broadcasting industry has been
restructuring through ownership consolidation. This has resulted in
efficiencies and synergies which should provide increased investment in
Canadian programming and a greater likelihood of the export of that
programming. The Commission expects that the consolidation of broadcasting,
production and communications companies will continue, to the benefit of
Canadian audiences, the Canadian broadcasting system and the public interest. |
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9. The role of pay and specialty services will
continue to evolve and increase in the years to come. English- and
French-language Canadian pay and specialty services captured over 14% of all
viewing, a 250% increase since the Fall of 1991, according to BBM data for
Fall 1998. Nielsen media research data provided at the hearing revealed
viewing of Canadian pay and specialty services at levels significantly higher
than the BBM data noted above. At the same time, the most significant share
of viewing continues to be to conventional stations. In the Fall of 1998,
according to BBM data, Canadian English- and French-language conventional
stations accounted for 56.2% of all viewing in Canada. It seems clear that
conventional television will remain the cornerstone of essential support for
the Canadian independent production sector and the core of the Canadian
television broadcasting system. |
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Building on a strong ownership structure |
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Multi-station ownership |
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10. The renewal of all the
conventional television licences held or controlled by a group will generally
be considered by the Commission at the same time. A group will be defined as
more than one conventional television station owned or controlled by the same
person or entity. Commitments made by a group will be applied to the
individual stations within the group as either conditions of licences or
expectations. The Commission will take into account the other holdings of the
group, such as a specialty service, but will not necessarily entertain the
licence renewal of that service at the same time. |
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11. The Commission consulted with broadcasters
on the development and implementation of an approach to licensing that would
elaborate on comprehensive corporate strategies at licence renewals of
individual stations. The Commission agrees with broadcasters that licensing a
corporate group would be redundant and inefficient. The real issue is
consideration of corporate strategy and the method of its implementation by
individual stations. The Commission's revised approach will consider all of
the licence renewals of a multi-station group at a single renewal hearing. |
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12. The benefits of this approach will be
reduced administrative and cost burdens for both the broadcasters and the
Commission and the opportunity to make a strategic assessment of the
contribution of all aspects of a licensee's operations to the broadcasting
system. |
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13. The conclusions announced in this notice
provide flexibility to each multi-station ownership group to differentiate
itself and brand its programming and scheduling to attract maximum audience,
all within an equitable and well-defined regulatory framework. |
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14. The Commission has made a distinction
between the largest multi-station ownership groups and the smaller ones. The
largest multi-station ownership groups are defined by the Commission as those
licensed to operate in several provinces with a potential reach of more than
70% of the audience in their language of operation. The stations of these
groups provide broad range of programming, and are competitors in many
markets. For the purpose of this document, the term "largest multi-station
ownership groups" refers to CTV Network Ltd. (CTV), TVA Group Inc. (TVA),
Global Communication Ltd. (Global) and WIC Western Communication Ltd. (WIC). |
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15. The smaller multi-station ownership groups
such as CHUM Limited (CHUM), Craig Broadcast Systems Inc. (Craig) and TQS
Inc. (TQS) generally offer program schedules that differ from that of the
largest groups. The Commission wishes to encourage such distinctiveness and
provide the smaller players in the system with the flexibility to experiment
with new genres of Canadian programming and new ways to meet the needs of
their audiences. |
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16. Although the policy framework set out in
this public notice does not apply directly to public broadcasters such as the
CBC and provincial educational broadcasters, the Commission considers that
the group approach to licensing is appropriate for the CBC and intends to
continue to assess all the Corporation's major licences together. Appropriate
obligations will be set out in their respective licences at the time of
renewal. |
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Ownership Policy |
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17. The Commission will continue its
current policy which generally permits ownership of no more than one
over-the-air television station in one language in a given market.
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18. This policy ensures the diversity of voices
in a given market, and helps to maintain competition in each market. Most of
the participants indicated that the Commission's current approach worked well
and did not recommend any change. |
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Vertical Integration |
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19. Where an independent producer applies
(whether alone or with other partners), either to purchase an interest in, or
to obtain a licence for, a broadcasting undertaking, the Commission will
expect the applicant or applicants to address the issues arising from the
vertical integration of a production company and a broadcaster, and propose
appropriate safeguards. |
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20. Where a broadcasting licensee
owns or has acquired a production company, either in whole or in part, the
Commission will expect the licensee to address the issues arising from
vertical integration at the time of licensing or licence renewal.
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21. In the past, the Commission has examined
problems arising from vertical integration on a case-by-case basis, when
considering applications for new services or for transfers of ownership or
control involving broadcasters and independent production companies. The
Commission acknowledges that the potential for preferential treatment exists
in such cases, yet remains of the view that vertical integration can lead to
benefits, such as cost savings and increased efficiencies. Appropriate
safeguards, where required, will be applied on a case-by-case basis. |
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Benefits policy |
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22. The Commission hereby amends its
benefits policy in respect of all transfers of ownership or control involving
television broadcasting undertakings, including conventional, pay,
pay-per-view and specialty television undertakings. It will generally expect
applicants to make commitments to clear and unequivocal tangible benefits
representing a financial contribution of 10% of the value of the transaction,
as accepted by the Commission. This policy will apply to any application
filed on this date or after. |
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23. All other policies with respect to
transfer of ownership or control will remain in place. Specifically, the
existing policy respecting the fulfilment of benefit commitments, as set out
in PN 1993-68, will continue to be applied. |
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24. The Commission generally expects significant
benefits to be offered to the community in question, and to the Canadian
broadcasting system as a whole, when considering applications to transfer
ownership or control of a television undertaking. Because the Commission does
not solicit competing applications, the onus is on the applicant to
demonstrate that the application filed is the best possible proposal under
the circumstances and that the benefits proposed in the application are
commensurate with the size and nature of the transaction. |
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25. In the Commission's view, the absence of a
competitive process for changes to the ownership or control of programming
undertakings makes the benefits test an appropriate mechanism for ensuring
that the public interest is served. |
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26. The Commission considers benefit commitments
to be part of a licensee's obligations and, as such, they should be
implemented regardless of any subsequent ownership change. The Commission
will therefore continue to expect the purchaser of an undertaking to fulfil
any of the vendor's outstanding benefit commitments. |
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Building on success - Canadian content
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27. The Commission wishes to ensure that a range
of diverse programming and a sufficient number of hours to attract audiences
to Canadian programming will be available, especially given the high
proportion of U.S. entertainment in the peak time schedules of private
broadcasters. |
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28. There was a consensus among participants
that regulation should continue to ensure that licensees exhibit appropriate
amounts of priority Canadian programs in the peak viewing periods. There was
general agreement that requirements for hours be imposed by condition of
licence on the major broadcasters. |
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Priority Program Categories |
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29. The following types of programs (as
set out in Schedule 1 of the Television Broadcasting Regulations, 1987)
shall be considered as priority programs for the purpose of regulatory
requirements applicable to the peak viewing period defined below:
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Canadian drama programs (Category
7)
Canadian music and dance, and variety programs (Categories 8 & 9)
Canadian long-form documentary programs*
Canadian regionally produced programs* in all categories other than News
and information (Categories 1, 2 and 3) and Sports (Category 6)
Canadian entertainment magazine programs* |
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* The Commission will seek comments
with respect to the proposed definitions of these priority program categories
in a public notice to be issued shortly. |
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30. As set out above, the Commission has
expanded its earlier designation of under-represented programs. As of this
policy the Commission will refer to such programs as priority programs.
The expansion of this concept will form part of a more flexible policy
framework. Given that U.S. drama dominates viewing of English-language drama,
this flexibility will build on Canadian expertise and excellence in a wider
variety of categories. The Commission considers that this will position
Canadian programs competitively and enhance export potential. |
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31. These priority categories will also expand
choice for Canadian viewers and afford increased opportunities to see
themselves and express themselves in their regional context. In expanding
these categories the Commission intends to encourage the production of
regional programming. Such diversity should increase the synergies between
conventional television and specialty services, attracting more viewers to
individual Canadian programs through increased opportunities for exhibition. |
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32. The Commission is convinced that Canadians
have demonstrated the creative and technical talent to produce entertainment
programming that can compete with the best in the world. Among others, the
Commission notes the success of such programs as "Traders" broadcast by
Global, "The City" and "Cold Squad" broadcast by CTV, "Wind at My Back"
broadcast by WIC & CBC and "Les Machos" broadcast by TVA. These programs
attract between 600,000 and one million viewers on English stations and over
one million viewers on French stations, proving that high-quality Canadian
entertainment programs attract audiences when they are scheduled at
appropriate times. They demonstrate that the industry's production values,
writing skills and acting ability are of the highest caliber. |
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33. The popularity of variety programs has
diminished over the past decade, but music specials showcasing Canadian
talent in both languages continue to promote and support a vibrant Canadian
music industry. For this reason, the Commission has concluded that programs
in Categories 8 and 9 should continue to be considered priority programs. |
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34. Canada has a rich and successful tradition
of documentary production for which there is an increasing demand. This type
of programming is popular around the world, and highly exportable. In
addition, Canadian producers have a world-class reputation in this field. The
inclusion of long-form documentaries as priority programs will ensure the
continuation of this success. The Commission proposes that a long-form
documentary would be an original non-fiction work at least 30 minutes in
length, designed to inform and provide analysis of a subject or point of
view. |
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35. There is a need for the Canadian
broadcasting system to better reflect, in its peak time programming, the
different regions of the country. Few of the currently popular Canadian drama
programs are produced outside the major production centres of Toronto,
Montrιal and Vancouver. The Commission believes that audiences have a strong
desire for a better reflection of Canada's regions to the country as a whole.
The Commission wishes to encourage the production of regional programs. The
Commission proposes that, to qualify as a priority program, a
regionally-produced program would be one other than a News and Information
program (Categories 1, 2 and 3) or a Sports program (Category 6), in which
the principal photography occurs more than 150 km away from Montreal, Toronto
or Vancouver. |
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36. Audiences for English-language Canadian
entertainment programs are lower than those for either foreign programs or
Canadian French-language programs, in part because viewers are unfamiliar
with the programs and their stars. In French Canada, a well-developed "star
system" promotes new programs and acting talent through all media. In
contrast, the pervasive promotion of U.S. television shows and stars through
foreign and Canadian media often means that English-speaking audiences are
more familiar with programs and stars from Hollywood and New York than those
from their own country. Audiences might be more attracted to Canadian
entertainment programs if they were better informed through television
programs about the Canadian entertainment industry and its performers.
Canadian entertainment magazine programs will be considered as priority
programs. The Commission proposes that these programs be at least 30 minutes
long, and devote at least two-thirds of their length to information
showcasing Canadian entertainment of all types. |
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Hours of Priority Programs in Peak Time
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37. The largest multi-station ownership
groups will be required to broadcast, over the broadcast year, on average at
least 8 hours per week of priority Canadian programs during the 7 p.m. -
11 p.m. viewing period. |
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38. This requirement excludes any benefit
commitment made in connection with a transfer of ownership or control.
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39. The Commission considers it essential that
broadcasters continue to contribute to the development, production and
exhibition of Canadian programs in priority categories but in a manner that
permits greater flexibility to react to changing audience demands and to
develop unique programming strategies. |
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40. News and sports programs are not included as
priority programs. The Commission is confident that broadcasters will
continue to provide Canadian news and sports programs in peak hours without
regulatory requirements because such programs are either profitable, or at
least break even for most private broadcasters and are in high demand by
Canadian audiences. |
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Peak Time |
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41. Peak viewing periods will be defined
as the hours between 7 p.m. and 11 p.m., Monday through Sunday, effective 1
September 2000, for the purpose of the Commission's peak time exhibition
requirements. |
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42. The Commission recognizes that, while the
largest audiences for television programs are available after 8 p.m., the
audience between 7 p.m. and 8 p.m. is very significant, both because of its
size and the fact that it tends to be made up of large numbers of children,
youth and adults. |
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43. The Commission expects that broadcasters
will address the needs and expectations of their audiences when planning
programming for the evening period. The Commission is convinced that greater
flexibility in scheduling will expand opportunities for broadcasters to
provide high-quality and diverse Canadian programming. |
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Local and regional news programming |
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44. At the next licence renewals for
conventional, local television stations, the Commission will not require
applicants to make quantitative commitments with respect to local news
programs. However, all licensees will be required to demonstrate, in their
applications, how they will meet the demands and reflect the particular
concerns of their local audiences, whether through local news or other local
programming. As in the past, should the Commission determine that licensees
have failed to respond to legitimate community needs, it will take
appropriate action on a case-by-case basis. Such action could include
imposing specific conditions of licence. |
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45. The Commission's policy of requiring
the provision of local programming in order to access local advertising
remains in effect. |
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46. The Commission has carefully evaluated the
availability, profitability and success of local news programs throughout the
country. It has also considered the changing broadcasting environment and, in
particular, the availability to Canadians of alternative sources of local
news and information. In larger Canadian markets, viewers are able to choose
among local or regional news provided by the CBC or Radio-Canada, and two to
four private stations. In addition, some community cable channels provide
regular local newscasts. A regional specialty service, Pulse 24, provides
news and information primarily in southern Ontario. Various information
services are also increasingly available on the Internet for those who need
specific types of local information or who wish to discuss local issues. |
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47. The Commission believes that, in the new
television environment, there are sufficient market incentives to ensure that
audiences will continue to receive a variety of local news without regulatory
requirements. News programming is a key element in establishing a station's
identity and loyalty with viewers and is generally profitable. Further,
licensees may not solicit local advertising in a market unless they provide
local news or other local programming. |
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Time credits for Canadian drama |
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48. Beginning on 1 September 2000, as part
of the proposed amendments to the existing conditions of licence of the
largest multi-station ownership groups, the Commission proposes a 150% time
credit against the required hours of Priority Canadian programming for each
category 7a) to 7e) dramatic program broadcast during the peak viewing period
(7- 11 p.m.) which: |
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a) is aired for the first time on
television on or after 1 September 1998,
b) has a duration of at least one half hour, including a reasonable amount of
time for commercial breaks,
c) is recognized as a Canadian program, qualifies for either a "C number" or
an "SR number" from the Commission and achieves 10 points, and
d) contains a minimum of 90% drama content.* |
|
49. Conventional television station
licensees subject to the regime for the largest multi-station ownership
groups will receive a credit for each showing of the dramatic program
occurring within a two-year period from the date of the first broadcast by a
licensee in the same market. |
|
50. Programs with less than 10 points,
even if each key creative function utilized in the production is filled by a
Canadian, will not qualify for this credit. |
|
51. Also beginning on 1 September 2000,
for the largest multi-station ownership groups, the Commission proposes a
125% time credit against the required hours of Priority Canadian programming
for each category 7a) to 7e) dramatic program broadcast during the peak
viewing period (7- 11 p.m.) which: |
|
a) is aired for the first time on
television on or after 1 September 1998,
b) has a duration of at least one half hour, including a reasonable amount of
time for commercial breaks,
c) is recognized as a Canadian program, and qualifies for either a "C number"
or an "SR number" from the Commission.* |
|
*The Commission will seek comments
with respect to these definitions in a public notice to be issued shortly. |
|
52. The existing 150% dramatic time
credit, applied against regulated Canadian content requirements, will be
discontinued as of 1 September 2000 for the licensees forming part of the
largest multi-station ownership groups. |
|
53. The existing 150% dramatic time credit
will be continued for conventional television stations not part of the
largest multi-station ownership groups. At licence renewal, or when
individual licensees otherwise next discuss programming plans with the
Commission, the Commission will review the continued applicability of the
existing 150% dramatic time credit, as well as the contributions that
licensees may make to the achievement of the goals of this policy. |
|
54. The Commission is concerned with the
economic health of the system as a whole, and with ensuring a continual flow
of attractive Canadian entertainment programming. The Commission also
identifies the increased export of Canadian programs as an important
objective in order to bring a return on investment which can be used to
create more Canadian programs. |
|
55. The economics of the Canadian marketplace
are such that it remains very expensive to create and exhibit Canadian drama
and the Commission considers that incentives for broadcasters to acquire such
programs are warranted. |
|
56. The Commission recognizes that all
distinctively Canadian drama programs in the subcategories 7a) to 7e) are
costly to produce and acquire and are often more difficult to export.
Therefore, the Commission has concluded that Canadian dramas that receive the
full 10 Canadian key creative points will receive a 150% credit in
recognition of these factors. |
|
57. Canadian drama programs that receive less
than 10 key creative points are also expensive. Producing these programs
employs thousands of skilled Canadians and revenues from sales abroad are key
to the profitability of independent producers. The Commission wishes to
encourage the production, exhibition and export of all Canadian drama.
It has therefore decided to provide a 125% credit for Canadian dramas in
categories 7a) to 7e) that receive 6 to 9 points. |
|
58. The new time credits for dramatic
programs will apply only to the proposed condition of licence requirements
for priority programs to be broadcast in peak time. Broadcasters subject to
these requirements may not use the credits to reduce the overall quantity of
Canadian programs broadcast. For example, licensees of stations which form
part of the largest multi-station ownership groups who are required by
condition of licence to broadcast a minimum of eight hours of priority
programs in peak hours may reduce this amount by including Canadian drama
programs that qualify for the new credits. Those broadcasters must, however,
maintain their level of Canadian programming at 50% in the evening period and
60% for the full broadcast day, calculated on an annual basis. |
|
59. It should be noted that Canadian News
and information (categories 1, 2 and 3) and Sports programming (Category 6),
while not priority programming, continue to count in the overall calculation
of the 60/50 Canadian content levels. |
|
60. Those stations not subject to the new
peaktime requirement will be permitted to continue to claim the 150% drama
credit as it is currently applied and will be asked to address its continued
applicability no later than at the next licence renewal. |
|
61. The Commission notes the Canada Television
Fund's intention to review its provisions concerning the distribution by
broadcaster-affiliated companies of projects financed by the Equity
Investment Program (Telefilm). The Commission encourages distribution by such
companies since it can be of significant benefit to the Canadian broadcasting
system and the objectives of the Act. |
|
Priority local and regional programming
|
|
62. Canadian local or regional productions
in all categories other than News (Category 1), Analysis and interpretation
(Category 2), Reporting and actualities (Category 3), and Sports (Category 6)
will qualify as priority programs for the purpose of meeting regulatory
requirements applicable to peak viewing periods for television stations that
are part of the largest multi-station ownership groups. |
|
63. All licensees will be required to
demonstrate, at licensing, or in their licence renewal applications, how they
propose to meet the demands and reflect the interests of their local
audiences. As in the past, if the Commission determines that licensees have
failed to respond to legitimate community needs, appropriate action including
the imposition of specific conditions of licence may be taken on a
case-by-case basis. |
|
64. The Commission notes that the amount of
non-news local programming has declined over the past ten years. There appear
to be two major reasons for the reduction. First, as a result of the
regulatory emphasis on expensive, peak time entertainment programs, the
largest broadcasters have had fewer resources to devote to local programs.
Second, the consolidation of the ownership of local stations in the hands of
a few corporate groups has encouraged management to effect operational
efficiencies that have reduced resources at the local station level. In the
Commission's view, an increase in the quality and quantity of the programming
that reflects legitimate community interests can best be achieved by
establishing incentives to provide it during peak viewing periods. |
|
Children's programming |
|
65. The Commission maintains its current
policy of not requiring conventional licensees to broadcast minimum
quantities of programming directed to children and youth. For television
stations that are part of the largest multi-station ownership groups,
programs directed to children or youth in the priority categories will
qualify as priority programs when scheduled in the peak viewing period of 7
p.m. - 11 p.m. |
|
66. The Commission's decision to expand
the definition of peak time will provide an appropriate viewing time for
family and childrens' programs. |
|
67. The Commission has examined the availability
of children's programming offered by the broadcasting system as a whole,
including the CBC, educational services and specialty and pay services. The
majority of conventional English- and French-language television broadcasters
offer children's programming on a regular basis, and the system as a whole
provides a wide variety of Canadian and foreign programming directed to
children and youth. In addition, childrens' programs have an extended life
cycle, as "evergreen" programming enjoyed by many generations. The
recognition of the excellence of Canadian childrens' programs, and its
exportability ensure its availability without a regulatory
requirement. |
|
Canadian content levels for private
conventional television stations |
|
68. The Commission will not change the
existing regulations for conventional television with respect to the level of
Canadian content. As noted, these regulations require private conventional
television licensees to devote not less than 60% of the broadcast year and
not less than 50% of the evening broadcast period (6 p.m. to midnight) to
Canadian programs. |
|
69. The Act requires that each broadcaster make
maximum use, and in no case less than predominant use, of Canadian creative
and other resources in the creation and presentation of programming. Canadian
content regulations have been a primary tool in fulfilling that objective. |
|
70. The Commission notes that daytime television
can provide important additional opportunities for broadcasters to reflect
the particular needs and concerns of the communities they serve. The
Commission, therefore, does not consider that changes to the existing
regulatory requirement for Canadian content with regard to the percentages to
be achieved are necessary. |
|
Implementation |
|
71. The Commission considers that its new
requirements for priority programming can be implemented most appropriately
through amendments to conditions of licence on stations forming part of the
largest multi-station ownership groups. |
|
72. The Commission will initiate a proceeding
during the next year, pursuant to section 9(1)(c) of the Act, proposing to
amend the conditions of licence of these licensees. These amendments will be
effective 1 September 2000. |
|
73. With respect to television stations not
included in the largest multi-station ownership groups, including licensees
controlled by the CHUM group, the Craig group and the TQS group, the
Commission will discuss appropriate commitments at licence renewal. |
|
74. At that time, the Commission will wish to
discuss with those licensees how, through their programming plans, they
propose to address the emphasis the Commission has placed on certain
categories of Canadian programs. The Commission recognizes that these
stations can contribute to the diversity of programming in the system through
the exhibition of Canadian programs in categories other than those defined as
priority. The Commission considers that this approach strikes an appropriate
balance between the need for regulatory flexibility (section 5(2) of the Act)
and the goal of implementing the objectives of the Canadian broadcasting
policy (section 3(1) of the Act). |
|
Building on success - A strong private
broadcasting sector |
|
The expenditure requirement |
|
75. The regulatory requirement for
expenditures on Canadian programming will be eliminated effective 1 September
2000. The stations which form part of the largest multi-station ownership
groups earning over $10 million annually in advertising revenues and that
currently have conditions of licence requiring a minimum level of spending on
Canadian programs, will have those conditions amended as part of a public
process. |
|
76. A conventional television station
earning over $10 million annually in advertising revenues (other than those
which form part of the largest multi-station ownership groups) with a
condition of licence requiring a minimum level of spending on Canadian
programs may apply to have that condition removed, as of the implementation
date of 1 September 2000. In such cases, the Commission will wish to discuss
a minimum level of exhibition of Canadian programs, consistent with the goals
of this policy. |
|
77. Expectations for minimum levels of
spending on Canadian programs, for conventional television stations earning
less than $10 million annually in advertising revenues, will no longer be
monitored as of 1 September 2000. No application for removal of the
expectation will be necessary. |
|
78. The Canadian broadcasting system has become
increasingly competitive. In such an environment, licensees need flexibility
and diversity to attract the largest possible audiences and advertising
revenues. The Commission believes that, in a competitive environment,
licensees require high quality programming to win audience loyalty. |
|
79. The Commission is concerned that the
existing expenditure requirements are complex and may not provide licensees
with the flexibility they require to adapt their programming strategies to a
highly competitive marketplace. In addition, concerns regarding the equitable
application of expenditure requirements have begun to outweigh the benefits. |
|
Advertising |
|
80. The definition of "advertising
material" in the regulations will be amended to exempt all promotions of
Canadian feature films and other Canadian programs, whether or not such
programs are to be broadcast by the station or network in question.
|
|
81. The 12 minute per hour limit on the
broadcasting of advertising material is maintained. |
|
82. One of the Commission's goals is to
encourage the promotion of Canadian content. In the Commission's view,
exempting the promotion of Canadian programs from the definition of
advertising material, irrespective of the medium in which the programs are to
be aired, is consistent with that goal. |
|
Infomercials |
|
83. The policy that infomercials should
be logged as having no program nationality is maintained.
|
|
84. From today's date, the authorization
in PN 1994-139 to air infomercials during the broadcast day is extended to
specialty service licensees. |
|
85. The criteria for allowable
infomercials and logging requirements set out in PN 1994-139 and PN 1995-93
respectively will apply to infomercials broadcast on specialty services.
|
|
86. Licensees of specialty services
wishing to take advantage of this authorization are requested to file
applications for the necessary licence amendments by 30 July 1999.
Licensees are encouraged to file such applications collectively, through a
single agent. |
|
87. The Commission is of the view that treating
Canadian-produced infomercials as Canadian programming would result in a
reduction in the amount of Canadian programming in other genres. The
Commission's view is that other genres of Canadian programming contribute
more to fulfilling the objectives of the Act than do infomercials. |
|
88. At the same time, the Commission does not
consider that authorizing specialty services to broadcast infomercials will
have an undue negative financial impact on conventional television licensees.
In addition, given that the Commission considers the revenues derived from
the broadcast of infomercials to be advertising revenue and that the
Commission links those revenues to requirements for spending on Canadian
programs, the increased revenue should result in increased amounts being
spent on Canadian programming by specialty services. |
|
Substitution |
|
89. The current policy regarding the
acquisition of U.S. network signals remains unchanged. |
|
90. The Commission is of the view that it
would be premature to implement proposals in regard to non-simultaneous
substitution. |
|
91. The current policy in regard to
simultaneous substitution for specialty service providers remains unchanged.
|
|
92. The Commission considered whether U.S.
network signals offered by a broadcast distribution undertaking (BDU) should
be acquired from a common market and from within the same time zone as the
local stations carried by that BDU in order to increase opportunities for
simulcasting and substitution and potentially reduce the incentive for U.S.
stations to sell advertising in Canada. |
|
93. The Commission's conclusion is that the
replacement of U.S. network signals that are available over the air would
lead to subscriber dissatisfaction and further revisions to cable line-ups.
The Commission is not prepared to allow such replacement. |
|
94. With respect to non-simultaneous
substitution (NSS), the Commission is of the view that the opportunities to
implement it on Canadian programs aired by U.S. services would be limited.
Further, any change would be premature, given that a consensus between
broadcasters and distributors has not yet been reached on the most effective
means to implement NSS. |
|
95. The issue of extending the right of
simultaneous substitution to specialty services is addressed by the
Commission in the Broadcasting Distribution Regulations. In PN 1997-25 New
Regulatory Framework For Broadcasting Distribution Undertakings, the
Commission recognized that the providers of sports programming would benefit
from simultaneous substitution, but that the number of substitution
opportunities that would exist for other specialty services was unclear. It
was noted at that time that, given the limited benefits for most specialty
services, the Commission did not wish to impose upon distributors the burden
of mandatory substitution for all specialty services. |
|
96. A majority of the Commission is of the view
that no compelling new evidence was provided in this proceeding which would
lead it to change its current policy on substitution. A majority of the
Commission also remains concerned that mandatory substitution for specialty
services could lead to undue siphoning of programming from conventional
broadcasters. |
|
Pay & specialty sector |
|
97. The existing policy respecting the
minimum expenditure requirements on Canadian programming is maintained for
the pay and specialty television sector. |
|
98. There was a general consensus that the
flexible regulatory approach to pay and specialty services has been a
success. As a group, these services spend approximately 37% of their total
revenues on Canadian programs. Of this amount, 40% is spent on independent
productions. On a percentage basis, this is considerably greater than the
private conventional television sector. |
|
99. The Commission has determined that it is not
necessary to make any substantial changes to the regulatory framework for pay
and specialty services and will continue to require the exhibition of, and
expenditures on, Canadian programs according to the specific genre of the
service. The Commission notes that it is currently reviewing the licensing
framework for new discretionary services in a digital environment. |
|
Pay and specialty - First run amendment
|
|
100. The Commission will consider, upon
request, amending the definition of "first run" in the licence of any pay or
specialty service. The amended definition will include as first run, the
following programs acquired at the pre-production stage: |
|
A program that has previously been exhibited
by a Canadian discretionary (pay or pay-per-view); and |
|
A program that has been exhibited for the
first time on a Canadian pay or specialty service in a language other than
the language in which it was initially exhibited by another broadcaster. |
|
101. The Commission considers that this
amendment will have the effect of encouraging cooperation among specialty and
pay licensees in the production and acquisition of Canadian programs. |
|
Foreign Satellite Services |
|
102. The Commission will not establish any
regulatory mechanisms to obtain financial contributions directly from
non-Canadian satellite services. |
|
103. The Commission will continue to limit
the opportunities for BDUs to use advertising availabilities on foreign
satellite services for the insertion of promotional material to the periods
known as "local availabilities". |
|
104. The Commission has determined that
BDUs may not charge Canadian programming services an amount in excess of
their share of the direct costs associated with the insertion of promotional
material in the local availabilities of foreign satellite services.
|
|
105. It is the Commission's view that any
attempt to require foreign satellite services to contribute financially to
the development of the Canadian broadcasting system may be counter productive
and would be difficult to administer. Furthermore, such a requirement could
result in existing services being removed from the lists of eligible
satellite services (the lists), and subsequent subscriber dissatisfaction.
The Commission considers that its current regulatory framework in regard to
the lists, most recently enunciated in PN 1997-96, is effective and ensures
the prominence of Canadian programming services as well as diversity of
program choices for Canadian viewers. |
|
106. Satellite services received from the U.S.
contain two minutes per hour of network promotion, referred to as "local
availabilities". The Commission allows BDUs to replace up to 75% of these
local availabilities with promotion of licensed Canadian programming services
or the community channel, or unpaid public service announcements. A maximum
of 25% of the local availablilities may be used by a BDU to promote
discretionary cable services and packages, customer service information,
channel realignments, cable FM services and additional cable outlets. In PN
1999-93 dated 27 May 1999, the Commission clarified that the local
availabilities may not be used to provide commercial advertisements for
retail Internet services provided by a BDU. |
|
107. The Commission is of the view that the
existing provision for BDUs to replace local availabilities on U.S. satellite
services with promotional material provides an adequate opportunity for
Canadian services to promote themselves. |
|
108. The Commission maintains its position that
BDUs should not have to bear all the costs relating to the insertion of
promotional material in the local availabilities, but at the same time they
should not charge an amount in excess of those costs. |
|
Digital television |
|
109. There is widespread recognition that
analogue technology will eventually be replaced by digital technology
although the precise schedule, and modalities, for the Canadian transition
are not yet clear. Some elements of the Canadian broadcasting system have
already begun the transition to digital technology. |
|
110. The Commission notes that Industry Canada
has defined the standard to be used for Canadian digital television and has
coordinated their transitional television allocation plan with that of the
U.S. To date, approximately 45 U.S. stations and one DTH provider are
broadcasting in digital and the rollout is continuing. In addition, U.S.
broadcasters in the border markets of Seattle, Buffalo and Detroit are
scheduled to begin digital broadcasting by 1999. |
|
111. There will be opportunities afforded by
this new technology as well as challenges. It was noted at the hearing that
most of the developed world is moving to wide screen digital TV. There will
be a demand for product, representing an opportunity for Canadian producers.
The challenge is to ensure that Canadian viewers receive quality Canadian
programming in these new formats. |
|
112. The Commission recognizes that the cost of
digital transition will be significant for broadcasters, cable and, to a
lesser extent, program producers. The consensus among participants was that
the cost of digital conversion is a cost of doing business. |
|
113. Over the coming decade, the transition's
importance, and its consequences for the Canadian broadcasting system will be
significant. The regulatory framework must therefore permit the industry to
react quickly and appropriately to the pressures, demands and opportunities
that will be placed on it. This policy provides the flexibility that will
assist the industry in preparing for and managing this watershed change. |
|
Building on success - Reaching a wider
audience |
|
Cultural diversity |
|
114. The Commission will expect all
conventional television licensees (at licensing or licence renewal), to make
specific commitments to initiatives designed to ensure that they contribute
to a system that more accurately reflects the presence of cultural and racial
minorities and Aboriginal peoples in the communities they serve. Licensees
are expected to ensure that the on-screen portrayal of all minority groups is
accurate, fair and non-stereotypical. |
|
115. Under the Act, the Canadian television
system, through its programming and employment opportunities, should reflect
the circumstances and aspirations of all Canadians, as well as the
multicultural and multiracial nature of Canadian society and the special
place of Aboriginal peoples in that society. |
|
116. The Commission has taken a number of steps
to ensure this reflection, including separate classes of ethnic licences and
the recent licencing of the Aboriginal Peoples Television Network (Decision
CRTC 99-42). |
|
117. The Commission has also conducted a
separate review of a number of issues relating to ethnic broadcasting,
originally announced in PN 1998-135 Review of the broadcasting policy
reflecting Canada's linguistic and cultural diversity - Call for comments.
The results of this review will be published separately. |
|
118. The objectives for the Canadian television
system in this area are clear. The system should be a mirror in which all
Canadians can see themselves. It should be one in which producers, writers,
technicians and artists from different cultural and social perspectives have
the opportunity to create a variety of programming and to develop their
skills. |
|
119. The Commission is confident that the
system, as a whole, can better reflect the presence of minority groups in
Canadian society, and in doing so, portray them accurately and fairly. The
Commission believes that broadcasters should recognize, respect and actively
promote diversity, such that negative portrayals of minority groups is not
the norm. In fact, certain licensees have already made it a priority to focus
on the ethnic diversity of their community and have been successful in the
marketplace as a result. |
|
120. At the hearing, a strong consensus emerged
on the responsibility of mainstream, conventional television broadcasters to
reflect Canada's cultural diversity. Most parties agreed that this
responsibility should not be left to specialized ethnic services or
Aboriginal broadcasters. |
|
121. In discussing this matter, many parties
noted the importance of distinguishing between the separate issues of
reflection and portrayal. Without accurate and sensitive portrayal,
programming runs the risk of stereotypical representation. |
|
122. Parties proposed a number of approaches
regarding both reflection and portrayal. Some addressed programming, while
others focused on training programs and hiring practices. Some parties
suggested more active monitoring by the Commission, while others suggested a
review of specific commitments at licence renewal. |
|
123. Several participants including broadcasters
and community groups, proposed a task force involving broadcasters, community
representatives and, perhaps, producers. Such a project could identify "best
practices", sponsor research, help to define the issues and present practical
solutions for the industry. The Commission supports such an industry - and
community - based initiative to achieve the objectives of diversity in the
broadcasting system. |
|
Societal Issues |
|
Violence |
|
124. The Commission maintains its 1996
policy which addresses the issue of violence in television programming.
|
|
125. The view of the majority of participants in
this proceeding was that the existing policy on violence is effective. |
|
Gender portrayal |
|
126. The Commission will continue to
monitor the broadcasting system and maintain the approaches set out in its
1992 Gender Portrayal policy and its 1994 On-Air Presence policy.
|
|
127. The primary message on the issue of gender
portrayal was that the broadcasting system has made improvements but could do
better. It was suggested that the Commission should continue to monitor and
regulate the issues of gender portrayal and sexual stereotyping, as well as
form a task force to assess in depth the Commission's approach in dealing
with the social responsiveness of the Canadian broadcasting system. The
Commission notes that this will be one of the core issues of the review of
self-regulation that it will undertake in the future. |
|
Employment equity |
|
128. The current policy on employment
equity will be maintained. The Commission will monitor the situation where it
has jurisdiction, and will continue to discuss such matters with licensees at
licence renewal time when a problem is identified |
|
129. As part of changes to the 1996
Employment Equity Act, a consequential amendment was made to the
Broadcasting Act, removing from the Commission's jurisdiction
matters concerning employment equity for broadcasters who employ 100 or more
employees. Broadcasters with fewer than 100 employees are still subject to
the Commission's 1992 Employment Equity policy. That policy requires such
licensees to provide information on their employment equity practices and
initiatives at the time of licence renewal and in their annual return forms. |
|
Closed captioning |
|
130. The Commission considers that
French-language broadcasters should have requirements for closed-captioning
of programming, similar to those applicable to English-language broadcasters.
The Commission will discuss the proposed implementation of these requirements
in the context of individual licence renewals. |
|
131. The Commission's policy on closed
captioning is set out in PN 1995-48. Under this policy, television stations
earning more than $10 million in annual advertising revenues were required,
by 1 September 1998, to caption all local news, including live segments. The
policy also requires that all such licensees close caption at least 90% of
all programming during the broadcast day by the end of individual licence
terms. Medium and smaller television stations are respectively expected, or
encouraged to meet the same standards. |
|
132. The Commission notes that English- and
French-language television stations historically have not had the same
requirements due to the high cost of providing closed captioning for
French-language programming. However, the Commission considers that the time
has now come for French-language broadcasters to provide more closed
captioning. It is confident that market demand will reduce the costs of
providing the service. |
|
Service to the visually impaired |
|
133. Licensees are strongly encouraged to
adapt their programming to include audio description wherever it is
appropriate and to take the necessary steps to ensure that their customer
service responds to the needs of the visually impaired. |
|
134. With respect to descriptive video
services (DVS), the Commission concludes that it is premature to impose
specific requirements on licensees at this time. The Commission encourages
licensees and the National Broadcast Reading Service to continue to cooperate
in order to effect the gradual implementation of DVS. |
|
135. The Commission, at licence renewal,
will explore with licensees the progress that has been made in meeting the
needs of the visually impaired. |
|
136. The Commission considered issues related to
DVS during a proceeding concerning to the addition of a third national
television network (PN 1998-8). The Commission's approach has been to support
in principle, the gradual implementation of DVS. |
|
Secretary General |
|
This notice is available in alternative
format upon request, and may also be viewed at the following Internet site:
http://www.crtc.gc.ca
|
|
Appendix 1
|
|
Reference documents
|
|
Legislation |
|
The Broadcasting Act
The 1996 Employment Equity Act |
|
Regulations |
|
Television Broadcasting Regulations, 1987
Broadcasting Distribution Regulations
Specialty Services Regulations, 1990
Pay Television Regulations, 1990 |
|
Public Notices |
|
Public Notice CRTC
1999-93 - Advertising Internet Services on community channels or during
"local availabilities" (27 May 1999) |
|
Public Notice
CRTC 1998-135 - Review of the broadcasting policy reflecting Canada's
linguistic and cultural diversity - Call for comments (22 December 1998) |
|
Public Notice
CRTC 1998-44 - Canadian
Television Policy Review - Call for comments (6 May 1998) |
|
Public Notice
CRTC 1998-8 - Additional National Television Networks - A Report to the
Government of Canada Pursuant to Order in Council P.C. 1997-592 (6 February
1998) |
|
Public Notice
CRTC 1997-96 - Revised Lists of Eligible Satellite Services
(22 July 1997) |
|
Public Notice
CRTC 1996-36 - Policy on
Violence in Television Programming (14 March 1996) |
|
Public Notice
CRTC 1997-25 - New Regulatory
Framework for Broadcasting Distribution Undertakings (11 March 1997) |
|
Public Notice
CRTC 1995-93 - Clarification of
Certain Matters Relating to the Airing of "Infomercials" During the Broadcast
Day (13 June 1995) |
|
Public Notice
CRTC 1995-48 - Introduction to decisions renewing the licences of
privately-owned English-language television stations (24 March 1995) |
|
Public Notice
CRTC 1994-139 - Amendment to
the Television Broadcasting Regulations, 1987 to permit, by condition of
licence, the airing of "infomercials" during the broadcast day (7 November
1994) |
|
Public Notice
CRTC 1994-69 - Consultations
regarding on-air job categories to be included in the Employment Equity plans
of broadcasters (10 June 1999) |
|
Public Notice
CRTC 1993-68 - Application of
the Benefits Test at the Time of Transfers of Ownership or Control of
Broadcasting Undertakings (26 May 1993) |
|
Public Notice
CRTC 1992-59 - Implementation of an Employment Equity Policy (1 September
1992) |
|
Public Notice
CRTC 1992-58 - Policy on Gender
Portrayal (1 September 1992) |
|
Other documents |
|
Decision
CRTC 99-42 (22 February 1999)
- Television Northern Canada Incorporated Across Canada - 199804068
CRTC 1997 Vision Action Calendar |
|
Appendix 2
"Largest multi-station ownership groups" refers to CTV, WIC, Global and
TVA: those groups licensed to operate in several provinces with a potential
reach of more than 70% of the audience in their language of operation. |
|
New Policy |
Applicable to |
Implementation Mechanism |
Implementation date |
8 hours per week of Priority Programming during peak viewing
period |
Largest multi-station ownership groups |
Proposed amendments to conditions of licence, initiated by the Commission |
1 September 2000 |
Peak viewing period: 7 p.m. to 11 p.m., Monday through Sunday
|
a) Largest multi-station ownership groups |
a) Proposed amendments to conditions of licence, initiated by the
Commission |
a) 1 September 2000 |
|
b) All other conventional licensees |
b) Applicability and possible conditions of licence considered during
renewal process |
b) Renewal |
Discontinuation of existing 150% dramatic time credit
|
a) Largest multi-station ownership groups |
a) Proposed amendments to conditions of licence, initiated by the
Commission |
a) 1 September 2000 |
|
b) All other conventional licensees |
b) Applicability to be discussed at renewal |
b) Renewal |
150% time credit for 10-point Canadian dramas, 125% time credit
for Canadian dramas qualifying for either a "C number" or an "SR number" |
Largest multi-station ownership groups |
Proposed amendments to conditions of licence, initiated by the Commission |
1 September 2000 |
Discontinuation of Canadian program expenditure commitments
|
a) Conventional television stations earning over $10 million annually in
advertising revenues which form part of the largest multi-station
ownership groups |
a) Proposed amendments to conditions of licence, initiated by the
Commission |
a) 1 September 2000 |
|
b) Conventional television stations earning $10 million annually in
advertising revenues, which do not form part of the largest
multi-station ownership groups |
b) Application by licensee for necessary licence amendments |
b) 1 September 2000 |
|
c) Conventional television stations earning less than $10 million
annually in advertising revenues |
c) No application to remove expectation is necessary |
c) 1 September 2000 |
Group renewal of conventional television broadcasting licences |
Conventional television broadcasting licences held or controlled by a
group |
This policy |
Immediately |
Discontinuation of local news requirement |
Conventional (local) television licensees |
Licence renewal |
Next licence renewal for conventional, local stations |
Local programming: meeting demands, reflecting interests of local
audiences |
Conventional (local) television licensees |
Licence renewal |
Next licence renewal for conventional, local stations |
Benefits level of 10% upon transfer of ownership or control |
Conventional, pay, pay-per-view and specialty television licensees |
Decisions on transfer appliations |
Immediately |
Specific initiatives to reflect and portray cultural and minority
groups |
Conventional television licensees |
Licence renewal |
Next licence renewal |
Closed captionin |
French-language television stations |
Licence renewal |
Next licence renewal |
Permission to broadcast Infomercials |
Specialty television licensees |
Application by licensee for necessary licence amendments to be filed by
30 July 1999 |
Upon approval of applications |
Amended definition of "advertising material" |
Conventional and specialty television licensees |
Proposed amendment of Television Broadcasting Regulations, 1987
and Specialty Services Regulations, 1990 |
1 September 2000 |
Amended definition of "first run" |
Pay and specialty licensees |
Application by licensee for necessary licence amendments |
Upon approval of applications |
|
|
Appendix 3
|
|
The public process for the Canadian Television Policy Review
|
|
Public consultations across the country
|
|
Whitehorse, Yukon - 26 May 1998
Prince George, British Columbia - 28 May 1998
Prince Albert, Saskatchewan - 2 June 1998
Grande Prairie, Alberta - 4 June 1998
Calgary, Alberta - 5 June 1998
Timmins, Ontario - 8 June 1998
Banff, Alberta - 10 June 1998
Thompson, Manitoba - 10 June 1998
Winnipeg, Manitoba - 11 June 1998
London, Ontario - 13 June 1998
Val-d'Or, Quebec - 18 June 1998
Halifax, Nova Scotia - 20 June 1998
Vancouver, British Columbia - 22 June 1998
Deer Lake, Newfoundland - 22 June 1998
Iqaluit, Northwest Territories - 25 June 1998
Chicoutimi, Quιbec - 27 June 1998 |
|
Call for comments on the policy review:
Public Notice CRTC 1998-44
issued on 6 May 1998
- 350 written submissions |
|
The public hearing: from 23 September to
15 October 1998
- 99 appearing individuals/parties |