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Broadcasting Public Notice CRTC 2004-12
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Ottawa, 9 March 2004 |
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Program log reporting requirements for conventional television stations –
Call for comments
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The Commission seeks comment on actions it
might take to streamline the program log reporting requirements for
conventional television stations while ensuring that its regulatory
objectives related to compliance and policy monitoring continue to be
fulfilled and that no unreasonable burden results in the short term when
weighed against improved effectiveness in the long term. |
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Background
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1. |
Section 10 of the Television Broadcasting
Regulations, 1987 (the Regulations) requires licensees of television
stations to keep, in a form acceptable to the Commission, a program log or a
machine readable record of its programming. |
2. |
Program logging is a key element in the
regulation and supervision of the Canadian broadcasting system. This tool
enables the Commission to verify the compliance of television licensees with
regulations and conditions of licence, and to gather the information
necessary for monitoring the impact of its policies on the broadcasting
system. |
3. |
Section 5(2)(g) of the Broadcasting Act
stipulates that the Canadian broadcasting system should be regulated and
supervised in a flexible manner that "is sensitive to the administrative
burden that, as a consequence of such regulation and supervision, may be
imposed on persons carrying on broadcasting undertakings." In recent years,
the Commission has implemented this objective through various streamlining
initiatives and it continues to do so. In addition to benefiting those
persons carrying on broadcasting undertakings, these ongoing initiatives
allow the Commission to improve its efficiency and effectiveness as a
regulatory body. |
4. |
The Commission has reviewed its regulatory
requirements as well as its existing procedures and practices concerning the
program logs of conventional television stations. This review focused on the
needs of the licensees and the Commission, as well as on the demands on their
respective resources. As a result of this review, the Commission has
concluded that there are opportunities to reduce the administrative burden on
many television licensees with respect to their logging requirements. |
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Analysis
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5. |
Approximately 150 conventional television
stations and associated networks file program logs on a monthly basis.
Program logs include information on all matters broadcast by the station.
Each program break (e.g., commercials, promotions, and newsbreaks) requires
an additional entry in the log. Since the early 1990s, this information has
been filed electronically by the licensees and processed at the Commission by
its software system. Each program entry in the log requires the verification
of some 25 different fields. As a result, the data for a typical program log
for one day, if reproduced on paper, would require approximately 20 pages of
8 ½ x 14 paper. To reproduce the information for one month of program logs
for one station would, therefore, require some 600 pages of paper. The result
remains the same for a television station originating 168 hours per week of
programming locally (including programming acquired from non-network sources)
and a station originating only five hours per week of programming because
each station must file program logs covering its entire program schedule.
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6. |
The Commission is of the view that the current
program log reporting requirements are still valid, particularly for
television networks, television stations serving as the principal originating
point of television networks, groups of stations, and television stations not
affiliated to a network. |
7. |
On the other hand, the Commission considers that
the requirement might not always be efficient or even necessary. For example,
under the current regulatory framework, an individual affiliated television
station is required to file a complete program log while its affiliated
network or group also files a complete set of logs for the broadcast month.
This requirement results in the duplication of program logs, which is not
necessarily administratively efficient. |
8. |
The Commission considers therefore that it may
be possible to streamline the television program logging process. Section
10(1) of the Regulations allows the Commission to make exceptions to its
general program log reporting requirements through conditions of licence. The
Commission could, for example, consider applications from certain individual
affiliated television stations for an exemption to the log reporting
requirements. This exemption could be implemented through licensee-specific
conditions of licence. |
9. |
In light of the above, two alternative options
could be available for those affiliated television stations that would
qualify for the streamlined process: replace program logs with annual reports
on locally originated programs broadcast or continue to file program logs but
limit them to locally originated programs. |
10. |
The Commission estimates that approximately 100
television stations currently affiliated to networks or groups file separate
program logs that could qualify for this streamlined process. This reduction
in the program log reporting requirements could be meaningful for both
television licensees and the Commission. |
11. |
The Commission notes that the current program
log reporting requirements have resulted in licensees and the Commission
investing considerable resources to establish and maintain software systems
that meet the others’ needs. Any amendment to filing requirements, such as
requiring only information pertaining to locally originated programs, would
likely translate into further investments to change the current systems or to
create new ones. |
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Call for comments
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12. |
The Commission seeks comment on actions it might
take to streamline the program log reporting requirements for conventional
television stations while ensuring that its regulatory objectives related to
compliance and policy monitoring continue to be fulfilled and that no
unreasonable burden results in the short term when weighed against improved
effectiveness in the long term. |
13. |
Specifically, the Commission seeks comment on
the following questions: |
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(a) Within the existing regulatory framework, should certain licensees
(e.g., individual television stations affiliated to a network, groups
filing network logs, small stations originating only a limited number of
hours of programming each week) be exempted, in whole or in part, from the
current program log reporting requirements? If so, what criteria should be
used to determine which licensees should be exempted? Proposals should be
as detailed as possible, and should include how the system would be
implemented and how reduced reporting requirements would be of overall
benefit to the broadcasting system.
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(b) If certain licensees are exempted, which reporting option should be
selected and what mechanisms could be put in place to ensure that the
Commission will continue to be able to (i) verify a licensee’s compliance
with its various regulatory requirements, and (ii) still collect the
information necessary for input into its policy-making responsibilities?
For example, could annual performance reports on locally originated
programming be filed by the licensee? Are there other options?
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(c) Where changes to existing software systems are needed, what would be
a reasonable period of time to expect that the necessary changes would be
implemented and what would be the costs incurred?
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14. |
The Commission will accept comments that it receives on or before
10 May 2004.
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15. |
Following the Commission’s review of these
comments, it may call for further submissions if it considers that additional
information is necessary. The Commission will then determine if changes to
its current regulations or policies on program log reporting are necessary.
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16. |
The Commission will not formally acknowledge
comments. It will, however, fully consider all comments and they will form
part of the public record of the proceeding, provided that the procedures for
filing set out below have been followed. |
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Procedures for filing comments
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17. |
Interested parties can file their comments to
the Secretary General of the Commission by using ONE of the following
formats: |
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- Intervention/Comments form
available from the Commission’s web site by indicating and selecting
this public notice number under the Decisions, Notices and Orders
section
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OR
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OR
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- by mail to
CRTC, Ottawa, Ontario K1A 0N2
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OR
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18. |
Submissions longer than five pages should
include a summary. |
19. |
Please number each paragraph of your submission.
In addition, please enter the line ***End of document*** following the last
paragraph. This will help the Commission verify that the document has not
been damaged during transmission. |
20. |
The Commission will make comments filed in
electronic form available on its web site at www.crtc.gc.ca but only in the
official language and format in which they are submitted. Such comments may
be accessed in the Public Proceedings section of the CRTC web site.
Copies of all comments, whether filed on paper or in electronic form, will
also be placed on the public examination file. |
21. |
The Commission encourages interested parties to
monitor the public examination file and the Commission’s web site for
additional information that they may find useful when preparing their
comments. |
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Examination of public comments and related documents at the following
Commission offices during normal business hours
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721 |
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405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607
Fax: (514) 283-3689 |
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55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343 |
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Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317 |
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Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319 |
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10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322 |
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Secretary General |
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This document is available in alternative
format upon request and may also be examined at the following Internet site:
http://www.crtc.gc.ca |