Television Broadcasting

Act: Broadcasting Act, 1991, c.11, s.1
Regulation: Broadcasting Distribution Regulations, 1997, SOR/97-555;Broadcasting License Fee Regulations, 1997, SOR/97-144;Television Broadcasting Regulations, 1987, SOR/87-49;CRTC Rules of Procedure, C.R.C.1978

To Whom Does This Apply?

Anyone who wants to start a television broadcasting company in Canada.

Summary

The Broadcasting Act gives the Canadian Radio-television and Telecommunications Commission (CRTC) its powers to regulate broadcasting in Canada. Under this Act, the Commission regulates and supervises all aspects of the Canadian broadcasting system with a view to implementing the broadcasting policy set out in the Act.

The Broadcasting Distribution Regulations set out the regulations on the distribution of programming services in Canada.

The Television Broadcasting Regulations set out the regulations on television broadcasting, such as: programming content, program logs and records, political broadcasts, ethnic programs and advertising material.

The Broadcasting License Fee Regulations set out the license fees paid to the CRTC by Canadian broadcasters.

The CRTC Rules of Procedure set out the rules on how the CRTC deals with broadcasting applications.

Application Process

An application form entitled "Application to Obtain a License to Carry On a Programming Undertaking - Television Station" must be completed. Once provided to the Commission, and any deficiencies identified and completed, and the application is considered complete, the Commission may, where circumstances warrant, issue a call for any other applicants interested in obtaining a license in that market. Once this process is complete, the applications considered complete are scheduled for a public hearing. A decision is normally rendered within a few months following the public hearing.

Waiting Period

The entire process normally takes from 8 to 18 months depending on whether or not there is a competitive process.

License Fees

License fees are payable in two parts. Part I is payable April 1 of each year and Part II is payable November 30 of each year.

A Part I fee is payable if your revenue is in excess of the exemption amount of $1.5 million for a television undertaking. If your revenue is under the exemption amount, no license fee is payable.

A Part II fee is payable on November 30th, if your revenue is over the exemption amount noted above. The license fee is calculated at 1.365% multiplied by the amount of revenue in excess of $1.5 million.

License Period

The maximum licensing period permitted under the Act is seven years.

Once a license has been granted, a licensee generally has 12 months to get the station up-and-running, unless the CRTC grants an extension.

Information Package on Commercial Broadcasting

Regulations and Directives

• Ineligibility to Hold Broadcasting Licenses (Direction to the CRTC);
• Ineligibility of Non-Canadians (Direction to the CRTC);
• Television Broadcasting Regulations, 1987 and Amendments.

Policies and Other Related Documents

• A licensing policy to oversee the transition from analog to digital, over-the-air television broadcasting - Broadcasting Public Notice CRTC 2002-31;
• Television Policy: Building on Success - Public Notice 1999-97, 1999-205, 1999-206;
• Implementation of TV Policy - New Conditions of License - Public Notice 2000-94;
• Broadcast Code for Advertising to Children, Revised - Public Notice 1993-99;
• Certification for Canadian Programs - A Revised Approach - Public Notice 2000-42;
• Employment Equity Policy - Implementation of / On-Air Presence - Public Notices 1992-59, 1994-69, 1995-98, 1997-34;
• Music Video Programs - Public Notice 1987-83;
• Sex-Role Portrayal - Industry Guidelines - Public Notice 1990-99;
• Television Network Affiliation - Circular No. 330;
• Native Broadcasting Policy - Public Notice 1990-89;
• Television Programming (Violence) Policy - Public Notice 1996-36;
• Television Programming (Violence) Classification System + V Chip - Public Notices 1997-80, 200-109;
• Advertising of Alcoholic Beverages, Broadcast - Public Notices 1997-12, 1999-132;
• Broadcasting Act;
• Broadcasting Information Regulations, 1993 and Amendments;
• Broadcasting License Fee Regulations, 1997;
• Ethnic Broadcasting Policy - Public Notice 1999-117;
• Gender Portrayal, Policy - Public Notice 1992-58;
• Religious Broadcasting Policy - Public Notice 1993-78;
• Rules of Procedure - CRTC (Broadcasting);
• Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM), Policy - Public Notice 1989-23;
• Television Programming ''First Run'' - Public Notice 1988-197;
• Television Programming (Local), Policies - Public Notices 1991-22, 1998-2;
• Television Stations (Privately-Owned English Language), Introduction to Decisions Renewing the Licenses - Public Notice 1995-48;
• Definition of a Canadian Program - Clarification and Proposed Revisions - Public Notice 1999-135.

The CRTC invites you to consult these documents which can be obtained upon request from CRTC offices or from the CRTC Web site.

Technical Requirements

Technical documentation must be filed with Industry Canada upon application to the Commission in order to obtain a technical certificate. This is required under the Broadcasting Act before the issuance of a license.

An information package to obtain a broadcasting certificate regarding the technical aspect of your application is available by writing to the following address:

Industry Canada
Television System Broadcasting
Application Engineering Directorate
Room 1460C, Journal Tower North
300 Slater Street
Ottawa, Ontario  K1A 0C8

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
Canadian Radio-television and Telecommunications Commission
Suite B2300
405 de Maisonneuve Boulevard East
Montréal, Quebec  H2L 4J5
Telephone: (514) 283-6607
Fax: (819) 994-0218
Toll-free (information): 1-877-249-2782
TTY Toll-free (hearing impaired): 1-877-909-2782
TTY (hearing impaired): (819) 994-0423
E-mail: info@crtc.gc.ca
Web site: http://www.crtc.gc.ca/eng/welcome.htm

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National Contact(s):
Canadian Radio-television and Telecommunications Commission
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec  J8X 4B1
Telephone: (819) 997-0313
Fax: (819) 994-0218
Toll-free (information): 1-877-249-2782
TTY Toll-free (hearing impaired): 1-877-909-2782
TTY (hearing impaired): (819) 994-0423
E-mail: info@crtc.gc.ca
Web site: http://www.crtc.gc.ca/eng/welcome.htm