ARCHIVED - Public Notice CRTC 2000-37

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	Public Notice CRTC 2000-37
	Ottawa, 10 March 2000
	*Call for comments - Proposed regulatory amendments to implement the Ethnic Broadcasting Policy* and new television content categories**
	In Public Notice CRTC 1999-117 dated 16 July 1999, the Commission issued its new EthnicBroadcasting Policy, and indicated that implementing the new policy would require some amendments to various of its broadcasting regulations. In PN 1999-205 dated 23 December 1999, the Commission set out revisions to the definitions of television content categories; these revisions were for the intended purpose of giving effect to portions of the new television policy set out in PN 1999-97.
	The Commission now seeks comments from the public on proposed amendments to the Radio Regulations, 1986; Television Broadcasting Regulations, 1987; Pay Television Regulations, 1990; and Specialty Services Regulations, 1990 which would implement the changes contemplated by the above-noted proceedings.
	The changes are intended to: simplify the definition of "ethnic program"; set out a new definition of "third-language program"; establish the levels of third-language programming that radio and television stations may broadcast; update the information that must be filed with the Commission for purposes of logging ethnic and third-language programming; and establish logging practices and content categories for television.
	The following sections of this notice describe the proposed amendments in some further detail. The appendix to this notice contains the text of the proposed amendments.
	Definitions – "ethnic program" and "third-language program"
1.	In PN 1999-117, the Commission retained the current requirement that ethnic stations broadcast a minimum of 60% ethnic programming. It determined, however, that the definition of an ethnic program should be simplified. The Commission also decided to require ethnic radio and television stations to devote at least half of their schedules to programming in third languages. The proposed new definitions of ethnic program and third-language program are intended to reflect these determinations.
	Level of third-language programming
2.	Consistent with the Ethnic Broadcasting Policy, the proposed amendments would require that ethnic radio and television stations devote a minimum of 50% of the programming they broadcast to third-language programming. Non-ethnic radio and television licensees are restricted to a maximum of 15% third-language programming, unless authorized by a condition of licence to broadcast up to 40% of such programming.
3.	The Commission has made provision for exceptions to this requirement in the case of Type A community radio stations, and campus radio stations, that broadcast in markets where there is no ethnic station. These stations are permitted to devote up to 40% of their schedule to third-language programming without the need to obtain a condition of licence. The definition of "market" currently set out in subsection 11(3.1) of the Radio Regulations, 1986 would be moved to section 2, and would apply for the purposes of determining if a campus station operates in a market where there is no ethnic station. A definition of "Type A community station" is also provided which is consistent with the current definition provided in the community radio policy.
	Logging ethnic programs
4.	Changes are proposed to the schedules of each of the various sets of broadcast regulations noted above, to allow for the logging of programs under the new single definition of ethnic program, as opposed to the existing Types A to E. As the Commission emphasized, however, in PN 1999-117, existing conditions of licence for ethnic broadcasters will not be affected by the changes to the regulations during their current licence terms. Accordingly, a licensee with an existing licence condition requiring it to air minimum specified levels of Type A, B, C, D or E programming shall continue to log programs according to those categories until those licence conditions are removed, either by way of an application to amend a condition of licence, or at licence renewal.
	Television content categories
5.	In PN 1999-120, the Commission called for comments on proposed revisions to the definitions of television content categories. The Commission's decisions on these revisions were set out in PN 1999-205. The proposed amendments are intended to give effect to those revisions.
	Call for comments
6.	The Commission invites interested parties to present their comments as to whether the proposed amendments accurately reflect the Commission's policies as set out in PNs 1999-117 and 1999-97, as well as the revisions set out in PN 1999-205. The purpose of this process is to seek comment on the proposed amendments, and not on the issues which were considered in those proceedings. The Commission will accept comments that it receives on or before 10 April 2000.
	Procedures for filing comments
7.	Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.
8.	The "hard copy" should be sent to the Secretary General, CRTC, Ottawa, K1A 0N2.
9.	Parties wishing to file electronic versions of their comments can do so by eMail or on diskette. The Commission eMail address is procedure@crtc.gc.ca
10.	Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.
11.	Please number each paragraph of the comment. 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.
12.	The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.
	Examination of public comments and related documents at the following Commission offices during normal business hours
	Central Building Les Terrasses de la Chaudière 1 Promenade du Portage, Room G-5 Hull, Quebec K1A ON2 Tel: (819) 997-2429 - TDD: 994-0423 FAX: (819) 994-0218
	Bank of Commerce Building 1809 Barrington Street Suite 1007 Halifax, Nova Scotia B3J 3K8 Tel: (902) 426-7997 - TDD: 426-6997 FAX: (902) 426-2721
	405 de Maisonneuve Blvd. East 2^nd Floor, Suite B2300 Montréal, Quebec H2L 4J5 Tel: (514) 283-6607 - TDD: 283-8316 FAX: (514) 283-3689
	55 St. Clair Avenue East Suite 624 Toronto, Ontario M4T 1M2 Tel: (416) 952-9096 FAX: (416) 954-6343
	Kensington Building 275 Portage Avenue Suite 1810 Winnipeg, Manitoba R3B 2B3 Tel: (204) 983-6306 - TDD: 983-8274 FAX: (204) 983-6317
	Cornwall Professional Building 2125 - 11^th Avenue Room 103 Regina, Saskatchewan S4P 3X3 Tel: (306) 780-3422 FAX: (306) 780-3319
	Scotia Place Tower Two 19^th Floor, Suite 1909 10060 Jasper Avenue Edmonton, Alberta T5J 3R8 Tel: (780) 495-3224 FAX: (780) 495-3214
	530-580 Hornby Street Vancouver, British Columbia V6C 3B6 Tel: (604) 666-2111 - TDD: 666-0778 FAX: (604) 666-8322
	Secretary General
	This document is available in alternate format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca

JUS–601472
(SOR/DORS)

REGULATIONS AMENDING
THE RADIO REGULATIONS, 1986

AMENDMENTS

1. (1) The definition "ethnic program" in section 2 of the Radio Regulations, 1986 is replaced by the following:

"ethnic program" means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is AboriginalCanadian, from France or from the British Isles; (émission à caractère ethnique)

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"market" means

(a) in the case of an A.M. station, the A.M. daytime 15mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller, or

(b) in the case of an F.M. station, the F.M. 3mV/m contour or the central area as defined by the Bureau of Broadcast Measurement (BBM), whichever is smaller; (marché)

"third language program" means an ethnic program in a language other than English, French, or a language of the Aboriginal peoples of Canada; (émission dans une troisième langue)

"Type A community station" means a community station that is licensed as a Type A community station. (station communautaire de type A)

2. Subsection 7(2) of the Regulations is replaced by the following:

(2) Except as otherwise provided under a licensee's condition of licence, an A.M. or F.M. licensee licensed to operate an ethnic station shall devote not less than 50% of a broadcast week to third language programs.

(3) Except as otherwise provided under a condition of licence to devote up to 40% of a broadcast week to third language programs, and subject to subsection (4), an A.M. or F.M. licensee licensed to operate a station other than an ethnic station shall devote not more than 15% of a broadcast week to third language programs.

(4) An A.M. or F.M. licensee licensed to operate a Type A community station, or a campus station broadcasting in a market where there is no ethnic station, may devote not more than 40% of a broadcast week to third language programs.

3. Subsection 11(3.1) of the Regulations is repealed.

4. Table C of the schedule to the Regulations is amended by adding the following after item 5:

Item	Column 1 Code	Column II Description
6.	Type X	Where the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program.

5. Item 1 of Table D of the schedule to the Regulations is replaced by the following:

Item	Column 1 Code	Column II Description
1.	(Abbreviated name)	The distinct ethnic group toward which an ethnic program is directed.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

JUS–601473
(CG-I/GC-I)

REGULATIONS AMENDING THE PAY TELEVISION REGULATIONS, 1990

AMENDMENTS

1. Clause 4(1)(c)(iii)(A) of the Pay Television Regulations, 1990 is replaced by the following:

(A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,

2. (1) The portion of subitem 4(5) of Schedule I to the Regulations in column I is replaced by the following:

Item	Column I Program Description
4.	(5) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)

(2) The portion of subitems 4(7) and (8) of Schedule I to the Regulations in column I is replaced by the following:

Item	Column I Program Description
4.	(7) Canadian programs from a government and productions of the National Film Board(include the source) (8) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)

3. Item 6 of Schedule I to the Regulations is replaced by the following:

Item	Column I Program Description	Column II Alphanumeric Characters 1st 2nd 3rd 4th 5th 6th 8th
6.	Categories
	Information:
	(1) News	0	1	0
	(2)(a) Analysis and interpretation	0	2	A
	(b) Long-form documentary	0	2	B
	(3) Reporting and actualities	0	3	0
	(4) Religion	0	4	0
	(5)(a) Formal education and pre-school	0	5	A
	(b) Informal education/Recreation and leisure	0	5	B
	Sports:
	(6)(a) Professional sports	0	6	A
	(b) Amateur sports	0	6	B
	Music and Entertainment:
	(7) Drama and comedy
	(include the appropriate Commission drama credit where applicable)
	(a) Ongoing dramatic series	0	7	A
	(b) Ongoing comedy series (sitcoms)	0	7	B
	(c) Specials, mini-series and made for TV feature films	0	7	C
	(d) Theatrical feature films aired on TV	0	7	D
	(e) Animated television programs and films	0	7	E
	(f) Programs of comedy sketches, improvisation, unscripted works and stand-up comedy	0	7	F
	(g) Other drama	0	7	G
	(8)(a) Music and dance other than music video programs or clips	0	8	A
	(b) Music video clips	0	8	B
	(c) Music video programs	0	8	C
	(9) Variety	0	9	0
	(10) Game shows	1	0	0
	(11) General entertainment and human interest	1	1	0
	Other:
	(12) Interstitials	1	2	0
	(13) Public service announcements	1	3	0
	(14) Filler programming	1	4	0

4. Part C of Schedule II to the Regulations is amended by adding the following after item 5:

Item	Column 1 Code	Column II Description
6.	Type X	Where the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program , as defined in the Television Broadcasting Regulations, 1987

5. Item 1 of Part D of Schedule II to the Regulations is replaced by the following:

Item	Column 1 Code	Column II Description
1.	[Abbreviated name of ethnic group]	The distinct ethnic group toward which an ethnic program, as defined in the Television Broadcasting Regulations, 1987, is directed

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

JUS–601474
(CG-I/GC-I)

REGULATIONS AMENDING THE TELEVISION BROADCASTING REGULATIONS, 1987

AMENDMENTS

1. (1) The definition "ethnic program" in section 2 of the Television Broadcasting Regulations, 1987 is replaced by the following:

"ethnic program" means a program in any language that is specifically directed toward any culturally or racially distinct group, other than one whose heritage is AboriginalCanadian, from France, or from the British Isles; (émission à caractère ethnique)

(2) The portion of the definition "advertising material" in section 2 of the Regulations, before paragraph (a) is replaced by the following:

"advertising material" means any commercial message and programming that promotes a station, network or program, but does not include

(3) Paragraph (d)⁵of the definition "advertising material" in section 2 of the Regulations is replaced by the following:

(d) a promotion for a Canadian program or a Canadian feature film, notwithstanding that a sponsor is identified in the title of the program or the film or is identified as a sponsor of that program or that film, where the identification is limited to the name of the sponsor only and does not include a description, representation or attribute of the sponsor's products or services; (matériel publicitaire)

(4) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"third language program" means an ethnic program in a language other than English, French, or a language of the Aboriginalpeoples of Canada; (émission dans une troisième langue)

2. The definition "evening broadcast period" in subsection 4(2) of the Regulations is replaced by the following:

"evening broadcast period" means the total time devoted to broadcasting between six o'clock in the afternoon and midnight during each broadcast year. (période de radiodiffusion en soirée)

3. Subsections 9(2) and (3) of the Regulations are replaced by the following:

(2) Except as otherwise provided under a licensee's condition of licence, the licensee of an ethnic station shall devote to third language programs at least 50% of the total number of hours devoted to broadcasting during the aggregate of the broadcast days in each of the four or five week periods in the calendar approved by the Commission and referred to in subsection (1).

(3) Except as otherwise provided under a licensee's condition of licence to devote up to 40% of a broadcast month to third language programs, the licensee of a station other than an ethnic station shall devote not more than 15% of its broadcast month to third language programs.

4. Clause 10(1)(c)(v)(A) of the Regulations is replaced by the following:

(A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,

5. (1) The portion of subitem 4(6) of Schedule I to the Regulations in column I is replaced by the following

Item	Column I Program Description
4.	(6) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)

(2) The portion of subitems 4(8) and (9) of Schedule I to the Regulations in column I³ is replaced by the following:

Item	Column I Program Description
4.	(8) Canadian programs from a government and productions of the National Film Board (include the source) (9) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)

6. Item 6 of Schedule I to the Regulations is replaced by the following:

Item	Column I Program Description	Column II Alphanumeric Characters 1st 2nd 3rd 4th 5th 6th 8th
6.	Categories
	Information:
	(1) News	0	1	0
	(2)(a) Analysis and interpretation	0	2	A
	(b) Long-form documentary	0	2	B
	(3) Reporting and actualities	0	3	0
	(4) Religion	0	4	0
	(5)(a) Formal education and pre-school	0	5	A
	(b) Informal education/Recreation and leisure	0	5	B
	Sports:
	(6)(a) Professional sports	0	6	A
	(b) Amateur sports	0	6	B
	Music and Entertainment:
	(7) Drama and comedy (include the appropriate Commission drama credit where applicable)
	(a) Ongoing dramatic series	0	7	A
	(b) Ongoing comedy series (sitcoms)	0	7	B
	(c) Specials, mini-series and made for TV feature films	0	7	C
	(d) Theatrical feature films aired on TV	0	7	D
	(e) Animated television programs and films	0	7	E
	(f) Programs of comedy sketches, improvisation, unscripted works and stand-up comedy	0	7	F
	(g) Other drama	0	7	G
	(8)(a) Music and dance other than music video programs or clips	0	8	A
	(b) Music video clips	0	8	B
	(c) Music video programs	0	8	C
	(9) Variety	0	9	0
	(10) Game shows	1	0	0
	(11) General entertainment and human interest	1	1	0
	Other:
	(12) Interstitials	1	2	0
	(13) Public service announcements	1	3	0
	(14) Informercials, promotional and corporate videos	1	4	0

7. Part B of Schedule II to the Regulations is amended by adding the following after item 5:

Item	Column I Code	Column II Description
6.	Type X	Where the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program

8. Item 1 of Part C of Schedule II to the Regulations is replaced by the following:

Item	Column I Code	Column II Description
1.	[Abbreviated name of ethnic group]	The distinct ethnic group towards which an ethnic program is directed

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.

JUS–601475
(CG-I/GC-I)

REGULATIONS AMENDING THE SPECIALTY SERVICES REGULATIONS, 1990

AMENDMENTS

1. (1) The portion of the definition "advertising material" in section 2 of the Specialty Services Regulations, 1990 before paragraph (a) is replaced by the following:

"advertising material" means any commercial message and programming that promotes a station, network or program, but does not include

(2) Paragraph (c)¹ of the definition "advertising material" in section 2 of the Regulations is replaced by the following:

(c) a promotion for a Canadian program or a Canadian feature film, notwithstanding that a sponsor is identified in the title of the program or the film or is identified as a sponsor of that program or that film, where the identification is limited to the name of the sponsor only and does not include a description, representation or any attribute of the sponsor's products or services; (matériel publicitaire)

2. Clause 7(1)(c)(iv)(A) of the Regulations is replaced by the following:

(A) its title and any additional information that is to be included by the appropriate subitem of Schedule I,

3. (1) The portion of subitem 4(5) of Schedule I to the Regulations in column I is replaced by the following:

Item	Column I Program Description
4.	(5) Canadian independent producer (include Commission "C" number or the number assigned by the Department of Canadian Heritage)

2) The portion of subitems 4(7) and (8) of Schedule I to the Regulations in column I is replaced by the following:

Item	Column I Program Description
4.	(7) Canadian programs from any government and productions of the National Film Board (include the source) (8) Programs from any source that are not accredited as Canadian programs (include indication of lip synchronisation credit and Commission "D" number where appropriate)

4. Item 6 of Schedule I to the Regulations is replaced by the following:

Item	Column I Program Description	Column II Alphanumeric Characters 1st 2nd 3rd 4th 5th 6th 8th
6.	Categories
	Information:
	(1) News	0	1	0
	(2)(a) Analysis and interpretation	0	2	A
	(b) Long-form documentary	0	2	B
	(3) Reporting and actualities	0	3	0
	(4) Religion	0	4	0
	(5)(a) Formal education and pre-school	0	5	A
	(b) Informal education/Recreation and leisure	0	5	B
	Sports:
	(6)(a) Professional sports	0	6	A
	(b) Amateur sports	0	6	B
	Music and Entertainment:
	(7) Drama and comedy
	(include the appropriate Commission drama credit where applicable)
	(a) Ongoing dramatic series	0	7	A
	(b) Ongoing comedy series (sitcoms)	0	7	B
	(c) Specials, mini-series and made for TV feature films	0	7	C
	(d) Theatrical feature films aired on TV	0	7	D
	(e) Animated television programs and films	0	7	E
	(f) Programs of comedy sketches, improvisation, unscripted works and stand-up comedy	0	7	F
	(g) Other drama	0	7	G
	(8)(a) Music and dance other than music video programs or clips	0	8	A
	(b) Music video clips	0	8	B
	(c) Music video programs	0	8	C
	(9) Variety	0	9	0
	(10) Game shows	1	0	0
	(11) General entertainment and human interest	1	1	0
	Other:
	(12) Interstitials	1	2	0
	(13) Public service announcements	1	3	0
	(14) Informercials, promotional and corporate videos	1	4	0
	(15) Filler programming	1	5	0

5. Part C of Schedule II to the Regulations is amended by adding the following after item 5:

Item	Column I Code	Column II Description
6.	Type X	Where the licensee is not required by a condition of licence to broadcast prescribed levels of Type A, B, C, D or E programming, an ethnic program, as defined in the Television Broadcasting Regulations, 1987

6. Item 1 of Part D of Schedule II to the Regulations is replaced by the following:

Item	Column I Code	Column II Description
1.	[Abbreviated name of ethnic group]	The distinct ethnic group towards which an ethnic program, as defined in the Television Broadcasting Regulations, 1987, is directed

COMING INTO FORCE

7. These Regulations come into force on the day on which they are registered.

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