ARCHIVED - Broadcasting Decision CRTC 2013-193
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Route reference: Part 1 application posted on 16 January 2013
Ottawa, 18 April 2013
2251723 Ontario Inc.
Barrie; Greater Toronto Area (including Ajax, Aurora, Bolton, Brampton, Caledon, Claremont, Etobicoke, Georgetown, King City, Markham, Milton, Mississauga, Nobleton, North York, Pickering, Richmond Hill, Scarborough, Toronto, Vaughan and Woodbridge); Hamilton-Niagara; Kingston; Kitchener-Waterloo; London; Oshawa; Ottawa; Peterborough; Sudbury; Thunder Bay and Windsor, and their surrounding areas, Ontario
Application 2013-0014-4
Licence amendment to add terrestrial broadcasting distribution undertakings and various conditions of licence to a regional broadcasting licence
The Commission approves an application to add terrestrial broadcasting distribution undertakings and various conditions of licence to a regional broadcasting licence.
The application
1. The Commission received an application by 2251723 Ontario Inc. to amend the regional broadcasting licence of its terrestrial broadcasting distribution undertakings (BDUs) serving the Greater Toronto Area and Kitchener-Waterloo, Ontario, in order to add new terrestrial BDUs to serve Barrie, Hamilton-Niagara, Kingston, London, Oshawa, Ottawa, Peterborough, Sudbury, Thunder Bay and Windsor, and their surrounding areas. The Commission did not receive any interventions in connection with this application.
2. For the new terrestrial BDUs to serve the areas proposed above, the licensee requested authorization to distribute a first set of U.S. 4+1 signals1 as part of the basic service, or, alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the approved licensed area and included on the List of non-Canadian programming services authorized for distribution, as amended from time to time. The licensee also requested authorization to distribute on a discretionary basis the signals of WNLO-TV and WNYO-TV Buffalo, New York, for the BDUs to serve Barrie, Hamilton-Niagara, Oshawa, Ottawa, Kingston, Peterborough and Thunder Bay, and the signals of WKBD-TV and WMYD-TV Detroit, Michigan, for the BDUs to serve London, Sudbury and Windsor.
3. For the BDUs currently serving the Greater Toronto Area and Kitchener-Waterloo, the licensee requested authorization to distribute on a discretionary basis the signals of WNLO-TV and WNYO-TV Buffalo, New York, by amending its conditions of licence set out in the appendix to its licensing decision2 as follows:
The licensee is authorized to distribute, at its option, on a discretionary basis, the signals of WNLO-TV and WNYO-TV Buffalo, New York.
4. In addition, the licensee stated that it would accept a condition of licence requiring it to provide one or more simple means of accessing described programming, and committed to meet the requirements regarding customer service and information set out in Broadcasting and Telecom Regulatory Policy 2009-430 (the Accessibility Policy).
Commission’s analysis and decision
5. The Commission notes that the authorizations to distribute U.S. 4+1 signals and certain U.S. independent networks (WNLO-TV and WNYO-TV Buffalo, New York, and WKBD-TV and WMYD-TV Detroit, Michigan), as requested by the licensee, are consistent with authorizations previously granted by the Commission in similar cases.
6. In light of the above, the Commission approves the application by 2251723 Ontario Inc. to amend the regional broadcasting licence of its terrestrial BDUs serving the Greater Toronto Area (including Ajax, Aurora, Bolton, Brampton, Caledon, Claremont, Etobicoke, Georgetown, King City, Markham, Milton, Mississauga, Nobleton, North York, Pickering, Richmond Hill, Scarborough, Toronto, Vaughan and Woodbridge) and Kitchener-Waterloo, Ontario, in order to add new terrestrial BDUs to serve Barrie, Hamilton-Niagara, Kingston, London, Oshawa, Ottawa, Peterborough, Sudbury, Thunder Bay and Windsor, and their surrounding areas.
7. The licensee shall adhere to the conditions specified therein, and to the terms and conditions of licence set out in the appendix to this decision.
Other matters
General authorizations for broadcasting distribution undertakings
8. The Commission notes that under the conditions specified in its licence, a BDU is also authorized to distribute any service and to undertake any activity authorized in Broadcasting Regulatory Policy 2011-522, as amended from time to time, under the terms and conditions set out in that policy.
Implementation of the Commission's determinations regarding accessibility of services
9. In the Accessibility Policy, the Commission stated its intention to impose on BDUs a number of requirements and expectations pertaining to customer service, access to described video and accessibility of programming. Conditions of licence, requirements and expectations to improve accessibility are set out in the appendix to this decision.
10. Further, in Broadcasting Regulatory Policy 2010-622, the Commission stated that it intended to impose conditions of licence requiring licensed BDUs that operate community channels to caption 100% of original licensee-produced programming by the end of the licence term. The Commission also indicated that it expected licensed BDUs to ensure that 100% of original access programming3 on the community channel is captioned by the end of the licence term. Finally, the Commission stated that it intended to impose conditions of licence requiring licensed BDUs that operate a community channel to provide audio description for all information programs and for news programming (that is, the voice-over of key textual, graphic design and still image elements, such as phone numbers, stock information or weather maps that are posted on the screen). Conditions of licence and expectations to this effect are set out in the appendix to this decision.
11. The Commission notes that it may impose further conditions of licence respecting accessibility matters five years into the licence term, if deemed appropriate.
Mandatory distribution of 9(1)(h) services
12. The Commission reminds the licensee that it is required to distribute in its licensed areas all services licensed for mandatory distribution as part of the basic service of BDUs pursuant to section 9(1)(h) of the Broadcasting Act.
Secretary General
Related documents
- General authorizations for broadcasting distribution undertakings, Broadcasting Regulatory Policy CRTC 2011-522, 24 August 2011
- Class 1 regional licence to operate terrestrial broadcasting distribution undertakings to serve the Greater Toronto Area and Kitchener-Waterloo, Broadcasting Decision CRTC 2011-259, 19 April 2011
- Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010
- Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2013-193
Terms, conditions of licence, requirements, expectations and encouragements for the regional broadcasting licence to operate terrestrial broadcasting distribution undertakings to serve Barrie, Hamilton-Niagara, Kingston, London, Oshawa, Ottawa, Peterborough, Sudbury, Thunder Bay and Windsor, and their surrounding areas, Ontario
Terms
The operation of these undertakings will be regulated pursuant to the Broadcasting Distribution Regulations and all related policies.
The licence will expire 31 August 2017.
Conditions of licence applicable to all licensed service areas
1. The licensee shall provide one or more simple means of accessing described programming, whether in an open or embedded format, that requires little or no visual acuity.
2. The licensee shall caption 100% of original licensee-produced programming on the community channel by the end of the licence term.
3. The licensee shall provide audio description for all the key elements of information programs, including news programming on its community channel (that is, the voice-over of key textual, graphic design and still image elements, such as phone numbers, stock information or weather maps that are posted on the screen).
Conditions of licence applicable to specific licensed service areas
Barrie, Hamilton-Niagara, Kingston, Oshawa, Ottawa, Peterborough and Thunder Bay, and their surrounding areas
4. The licensee is authorized to distribute, at its option, as part of the basic service, the signals of WIVB-TV (CBS), WGRZ-TV (NBC), WKBW-TV (ABC), WUTV (FOX) and WNED-TV (PBS) Buffalo, New York, or, alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and included in the List of non-Canadian programming services authorized for distribution, as amended from time to time.
5. The licensee is authorized to distribute, at its option, on a discretionary basis, the signals of WNLO-TV and WNYO-TV Buffalo, New York.
London, Sudbury and Windsor, and their surrounding areas
6. The licensee is authorized to distribute, at its option, as part of the basic service, the signals of WWJ-TV (CBS), WDIV-TV (NBC), WXYZ-TV (ABC), and WJBK-TV (FOX) Detroit, Michigan, and WQLN-TV (PBS) Erie, Pennsylvania, or, alternatively for each signal, the signal of a different affiliate of the same network located in the same time zone as that of the licensed area and included in the List of non-Canadian programming services authorized for distribution, as amended from time to time.
7. The licensee is authorized to distribute, at its option, on a discretionary basis, the signals of WKBD-TV and WMYD-TV Detroit, Michigan.
Requirements
The licensee is required to promote information on all of its disability-specific services and products, in the accessible manner(s) of its choice.
The licensee is required to incorporate an easy-to-find home page link to the special needs/disability sections of its website, if its website includes such sections.
The licensee is required to make the information on its website accessible to the point of providing reasonable accommodation for persons with disabilities. Examples of what the Commission considers to be reasonable accommodations are listed in paragraph 66 of Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009.
Where customer service functions on its website are not accessible, the licensee is required to ensure that persons with disabilities will not incur a charge or otherwise be disadvantaged if they use an alternate avenue of customer service.
The licensee is required to make accessible any customer service functions that are available solely over its website.
The licensee is required to make its general call centers accessible to the point of providing reasonable accommodation to persons with disabilities by:
a) training customer service representatives in handling enquiries from persons with disabilities and familiarizing them with the service provider’s products and services for persons with disabilities; and
b) making its Interactive Voice Response systems accessible.
Expectations
The Commission expects the licensee to ensure that subscribers are able to identify programming with described video in the electronic program guide.
The Commission expects the licensee to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.
The Commission expects the licensee to ensure that 100% of original access programming aired on its community channel is captioned by the end of the licence term.
Encouragements
The Commission encourages the licensee to ensure that accessible set-top boxes are made available to subscribers with vision and fine motor skill disabilities.
Employment equity
In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.
[1] This refers to the set of signals that provide the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non-commercial PBS network.
[2] See Broadcasting Decision 2011-259.
[3] The Broadcasting Distribution Regulations define “community access television programming” as “programming produced by an individual, group or community television corporation residing within the licensed area of a cable distribution undertaking.”
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