Broadcasting Notice of Consultation CRTC 2017-365

PDF version

Reference: 2017-365-1

Ottawa, 17 October 2017

Notice of hearing

30 April 2018
Gatineau, Quebec

Applications for the renewal of services with mandatory distribution on the basic service pursuant to section 9(1)(h) of the Broadcasting Act

Deadline for submission of interventions/comments/answers: 16 November 2017

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing commencing on 30 April 2018 at 9 a.m. at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec.

The Commission will examine applications by programming services that are currently distributed on a mandatory basis as part of the basic service of all Canadian broadcasting distribution undertakings (BDUs). The Commission will assess whether these services should continue to benefit from such distribution, and will consider the renewal of their broadcasting licences.

A follow-up notice of consultation will be published at a later date calling for comments on applications that were received in response to Call for applications for a national, multilingual multi-ethnic television service offering news and information programming, Broadcasting Notice of Consultation CRTC 2017-154, 15 May 2017.

What is mandatory distribution on the basic service?

When Canadians buy television services from a BDU, there are certain channels (or programming services) that automatically come with the basic service package. A few of these channels are mandated by the Commission to be part of every Canadian’s basic service package pursuant to section 9(1)(h) of the Broadcasting Act (the Act). When requiring the mandatory distribution of these services, the Commission may also set a minimum rate that must be paid by the BDU to the programming service to distribute that service. The rate is a monthly fee, based on the number of subscribers receiving the service.

The Commission has the authority under section 9(1)(h) of the Act to “require any licensee who is authorized to carry on a distribution undertaking to carry, on such terms and conditions as the Commission deems appropriate, programming services specified by the Commission.” Since section 9(1)(h) allows the Commission to require carriage of programming services “on such terms and conditions as [it] deems appropriate,” mandatory distribution can take different forms, including:

New entry-level service offering

In Let’s Talk TV – A World of Choice – A roadmap to maximize choice for TV viewers and to foster a healthy, dynamic TV market, Broadcasting Regulatory Policy CRTC 2015-96, 19 March 2015, the Commission required all BDUs to provide an entry-level service offering Canadians a smaller, more affordable basic service alternative, while continuing to fulfil the important policy objective of prioritizing Canadian television services. All BDUs must now offer a basic package priced at no more than $25 (not including equipment) per month.

Services that must be carried on the basic package include 9(1)(h) services, all local television stations, provincial educational services, community channels and provincial legislature channels, if available. Currently, the following services have mandatory distribution on the basic service at the following per subscriber monthly wholesale rates:

In this proceeding, the Commission will not consider the renewal of the mandatory distribution orders for TVA, RDI, CBC News Network and OMNI Regional. The mandatory distribution order for TVA was examined and maintained in Quebecor Media Inc. – Group-based licence renewals for French-language television stations and services, Broadcasting Decision CRTC 2017-147, 15 May 2017. The Commission will examine RDI’s and CBC News Network’s mandatory distribution orders at the next licence renewal of the Canadian Broadcasting Corporation’s English- and French-language services. In OMNI Regional – National, multilingual multi-ethnic discretionary service, Broadcasting Decision CRTC 2017-152 and Broadcasting Order CRTC 2017-153, 15 May 2017, OMNI Regional was given a three-year mandatory distribution order, expiring 31 August 2020.

Criteria for assessing applications for mandatory distribution on the digital basic service

When the Commission determines that the mandatory distribution of a service is in the public interest, this can directly affect the services that all Canadians, or Canadians in a particular region, receive. In Criteria for assessing applications for mandatory distribution on the digital basic service,Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010, the Commission set out an approach for evaluating applications for mandatory distribution on the digital basic service pursuant to section 9(1)(h)of the Act. The criteria allow the Commission to ensure that the composition of the digital basic service contributes to the policy objectives set out in the Act.

The Commission will consider the following applications:

Applicant and locality

  1. Cable Public Affairs Channel Inc.
    Across Canada
    Application 2017-0584-9
  2. Accessible Media Inc.
    Across Canada
    Application 2017-0585-7
  3. Pelmorex Weather Networks (Television) Inc.
    Across Canada
    Application 2017-0586-5
  4. Accessible Media Inc.
    Across Canada
    Application 2017-0588-1
  5. Accessible Media Inc.
    Across Canada
    Application 2017-0589-9
  6. TV5 Québec Canada
    Across Canada
    Application 2017-0637-6
  7. Aboriginal Peoples Television Network Incorporated
    Across Canada
    Application 2017-0641-7
  8. Vues & Voix
    Across Canada
    Application 2017-0643-3
  9. The Legislative Assemblies of Nunavut and the Northwest Territories
    Nunavut and the Northwest Territories
    Application 2017-0577-4

1. Cable Public Affairs Channel Inc.
Across Canada
Application 2017-0584-9

Application by Cable Public Affairs Channel Inc. (CPAC Inc.) to renew the broadcasting licences for the national, English- and French-language satellite-to-cable programming undertakings known as CPAC, which expire 31 August 2018.

CPAC Inc. operates, in English and in French, licensed public affairs programming services that are complementary to the exempt programming services it also operates.

The exempt services include “gavel-to-gavel” coverage of the proceedings of the House of Commons, as well as coverage of the committees of the House of Commons.

The “wrap-around” programming provided by CPAC Inc.’s licensed services complements the exempt services, and consists of both long-form programming and in-depth public affairs programming. The long-form programming includes coverage of conferences and hearings of government departments and agencies, as well as coverage of special events and public inquiries. CPAC’s in-depth public affairs programming consists of interviews, talk shows and in-depth reviews of key national events and policy issues.

The applicant has agreed to adhere to the standard conditions of licence for discretionary services set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, with the exception of the general programming requirements set out in conditions of licence 6, 7 and 8, and condition of licence 14 relating to the quality of closed captioning. The applicant has further proposed to carry forward its current condition of licence that provides an exception to closed captioning requirements for its “podium-style” English-language pre-recorded programming.

The applicant is further proposing the following:

The applicant also wishes to renew the order for the mandatory distribution of both the exempt and licensed services, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. Further, it is proposing an increase in its regulated per subscriber monthly wholesale rate, from $0.12 to $0.13.

Applicant’s address:

1750-45 O’Connor Street
Ottawa, Ontario
K1P 1A4
Email: catherine.cano@cpac.ca
Email to request electronic version of application: businessaffairs@cpac.ca

2. Accessible Media Inc.
Across Canada
Application 2017-0585-7

Application by Accessible Media Inc. (AMI) to renew the broadcasting licence for the national, English-language audio programming undertaking AMI-audio, which expires 31 August 2018.

The programming of this service is read by volunteers and consists of news articles and features as well as audio theatre.

The applicant proposes to operate the undertaking under the same terms and conditions as those in effect under the current licence.

The applicant also wishes to renew the order for the mandatory distribution of this service on the digital basic service pursuant, to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. It is not proposing an increase to its per subscriber monthly wholesale rate.

Applicant’s address:

1090 Don Mills Road
Suite 200
Toronto, Ontario
M3C 3R6
Fax: 416-422-4760
Email: David.Errington@ami.ca
Website to view application: www.ami.ca
Email to request electronic version of application: info@ami.ca

3. Pelmorex Weather Networks (Television) Inc.
Across Canada
Application 2017-0586-5

Application by Pelmorex Weather Networks (Television) Inc. (Pelmorex) to renew the broadcasting licence for the national, English- and French-language specialty Category A service The Weather Network/MétéoMédia (TWN/MM), which expires 31 August 2018.

TWN/MM’s programming is dedicated exclusively to meteorological, atmospheric and marine conditions for local, regional and national areas of Canada. The service also provides alerts and messages related to imminent or unexpected threats to life or property caused by severe weather disturbances, natural disasters or other emergencies in local, regional and national areas of Canada. These alerts are distributed on Pelmorex’s National Alert Aggregation and Dissemination (NAAD) System and made available to broadcasting distribution undertakings, both licensed and exempt.

TWN/MM provides a national feed in both official languages and regional feeds in British Columbia, Alberta, Atlantic Canada, greater Montréal and the extended Greater Toronto Area, and custom local forecasts to television subscribers in more than 1,000 Canadian communities.

The applicant has confirmed that it will adhere to the standard requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016 (Broadcasting Regulatory Policy 2016-436), with the exception of the general programming requirements set out in conditions of licence 6, 7, and 8.

The applicant is proposing amendments to its conditions of licence relating to alerts and messages to reflect recent changes to the Broadcasting Distribution Regulations, as well as the deletion of certain conditions of licence, definitions, expectations and encouragements on the basis that they duplicate provisions set out in Appendix 2 to Broadcasting Regulatory Policy 2016-436. The applicant also proposes to amend its current conditions of licence such that it would be required to provide six secondary audio program channels relating to its local forecasts, rather than a minimum of five, as currently required.

The applicant also wishes to renew the order for mandatory distribution of this service on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. It is not proposing an increase to its per subscriber monthly wholesale rate.

The applicant also requests an amendment to the mandatory distribution order to ensure that one feed in each official language receives mandatory distribution across Canada.

Applicant’s address:

2655 Bristol Circle
Oakville, Ontario
L6H 7W1
Fax: 905-829-5800
Email: regulatory@pelmorex.com
Website to view application: www.theweathernetwork.com
Email to request electronic version of application: regulatory@pelmorex.com

4. Accessible Media Inc.
Across Canada
Application 2017-0588-1

Application by Accessible Media Inc. (AMI) to renew the broadcasting licence for the national, English-language specialty Category A service AMI-tv, which expires 31 August 2018.

AMI-tv provides open-format described video programming with access to a wide breadth of news, information, drama, entertainment and other television programming for Canadians who are blind and visually impaired.

The applicant confirmed that it will adhere to the standard requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, with the exception of the general programming requirements set out in conditions of licence 6, 7, and 8. However, it is also requesting the following:

The applicant is also proposing the following:

The applicant also wishes to renew the order for mandatory distribution of this service on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. It is not proposing an increase to its per subscriber monthly wholesale rate.

Applicant’s address:

1090 Don Mills Road
Suite 200
Toronto, Ontario
M3C 3R6
Fax: 416-422-4760
Email: David.Errington@ami.ca
Website to view application: www.ami.ca
Email to request electronic version of application: info@ami.ca

5. Accessible Media Inc.
Across Canada
Application 2017-0589-9

Application by Accessible Media Inc. (AMI) to renew the broadcasting licence for the national, French-language specialty Category A service AMI-télé, which expires 31 August 2018.

AMI-télé provides open-format described video programming with access to a wide breadth of news, information, drama, entertainment and other television programming for Canadians who are blind and visually impaired.

The applicant confirmed that it will adhere to the standard requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016. The applicant is also requesting the following:

The applicant is also proposing the following:

The applicant also wishes to renew the order for mandatory distribution of this service on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. It is not proposing an increase to its per subscriber monthly wholesale rate.

Applicant’s address:

1090 Don Mills Road
Suite 200
Toronto, Ontario
M3C 3R6
Fax: 416-422-4760

Email: David.Errington@ami.ca
Website to view application: www.amitele.ca
Email to request electronic version of application: amitele@ami.ca

6. TV5 Québec Canada
Across Canada
Application 2017-0637-6

Application by TV5 Québec Canada to renew the broadcasting licence for the national, French-language specialty Category A service TV5/Unis, which expires 31 August 2018.

TV5 Québec Canada broadcasts two feeds under the same licence:

The applicant has confirmed that it will adhere to the standard requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016.

The applicant is proposing amendments to its current condition of licence relating to expenditures on original, first-run Canadian programs in order to tie these requirements to its overall Canadian programming expenditure (CPE) requirements and to set a single minimum annual expenditure requirement relating to the acquisition of original French-language programs.

The applicant is also proposing new conditions of licence that would:

Finally, the applicant is proposing various amendments to the wording of certain conditions of licence to reflect changes in the branding of its feeds, update relevant cross-references, and reflect regulatory changes, as well as the elimination of certain expectations and encouragements.

The applicant also wishes to renew the order for mandatory distribution of this service on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. It is not proposing an increase to its per subscriber monthly wholesale rate in either of the English-language or French-language markets.

Applicant’s address:

1755 René-Lévesque Boulevard East
Suite 101
Montréal, Quebec
H2K 4P6
Email: marie-philippe.bouchard@tv5.ca
Websites to view application: www.tv5.ca; www.unis.ca

7. Aboriginal Peoples Television Network Incorporated
Across Canada
Application 2017-0641-7

Application by Aboriginal Peoples Television Network Incorporated (APTN Incorporated) to renew the broadcasting licence for the national, English- and French-language specialty Category A service APTN, which expires 31 August 2018.

APTN is a general-interest television service offering a broad range of programming that reflects the diverse perspectives of Aboriginal peoples, their lives and cultures. APTN Incorporated operates three regional programming feeds of its national service (APTN East, APTN West and APTN North) and one high definition (HD) feed (APTN HD).

The applicant is proposing to adhere to the standard conditions of licence for discretionary services set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, with the exception of the general programming requirements set out in conditions of licence 6 and 8. Furthermore, the applicant is seeking exceptions to the following standard conditions of licence:

The applicant is also proposing amendments to its current conditions of licence in regard to the following:

The applicant also wishes to renew the order for mandatory distribution of this service on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. Further, it is proposing an increase in its regulated per subscriber monthly wholesale rate, from $0.31 to $0.36.

Applicant’s address:

339 Portage Avenue
Winnipeg, Manitoba
R3B 2C3
Email: jlarose@aptn.ca
Email to request electronic version of application: info@aptn.ca

8. Vues & Voix
Across Canada
Application 2017-0643-3

Application by Vues & Voix to renew the broadcasting licence for the national, French-language audio programming undertaking Canal M, which expires 31 August 2018.

Canal M is a reading and information service targeting visually impaired Canadians.

The applicant proposes to operate the undertaking under the same terms and conditions as those in effect under the current licence.

The applicant also wishes to renew the order for mandatory distribution of this undertaking on the digital basic service, pursuant to section 9(1)(h) of the Broadcasting Act.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. Further, it is proposing an increase in its regulated per subscriber monthly wholesale rate, from $0.02 to $0.04.

Applicant’s address:

1001 Sherbrooke Street East
Suite 510
Montréal, Quebec
H2L 1L3
Fax: 514-282-1676
Email: info@vuesetvoix.com
Website to view application: www.canalm.vuesetvoix.com
Email to request electronic version of application: info@vuesetvoix.com

9. The Legislative Assemblies of Nunavut and the Northwest Territories
Nunavut and the Northwest Territories
Application 2017-0577-4

Application by The Legislative Assemblies of Nunavut and the Northwest Territories to renew the mandatory distribution order for its exempt services, which expires 31 August 2018.

These services operate under the Parliamentary and Provincial or Territory Legislature Proceedings Exemption Order.

The programming is devoted exclusively to the broadcast of live and recorded coverage of the proceedings of the Legislative Assemblies of Nunavut and the Northwest Territories in Aboriginal languages, as well as in English and in French.

The applicant states that it meets all the criteria set out in paragraph 11 of Criteria for assessing applications for mandatory distribution on the digital basic service, Broadcasting Regulatory Policy CRTC 2010-629, 27 August 2010. Further, it is proposing that its services continue to be offered on the digital basic service of direct-to-home satellite broadcasting distribution undertakings serving Nunavut and the Northwest Territories without a per subscriber monthly wholesale rate.

Applicants’ addresses

Legislative Assembly of Nunavut
P.O. Box 1200
926 Federal Road
Iqaluit, Nunavut
X0A 0H0
Fax: 967-975-5190
Email: jquirke@assembly.nu.ca
Email to request electronic version of application: abaldwin@assembly.nu.ca

Legislative Assembly of the Northwest Territories
P.O. Box 1320
Yellowknife, Northwest Territories
X1A 2L9
Email: tmercer@gov.nt.ca
Email to request electronic version of application: abaldwin@assembly.nu.ca

Procedure

Deadline for interventions, comments or answers

16 November 2017

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to the present proceeding. The Rules of Procedure set out, among other things, the rules for content, format, filing and service of interventions, answer, replies and requests for information; the procedure for filing confidential information and requesting its disclosure; and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and related documents, which can be found on the Commission’s website under “Statutes and Regulations.” Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, provides information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.

Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

The intervention or answer must include one of the following statements in either the first or the last paragraph:

Parties are permitted to coordinate, organize, and file, in a single submission, interventions by other interested persons who share their position but do not wish to appear at the hearing. Information on how to file this type of submission, known as a joint supporting intervention, as well as a template for the covering letter to be filed by the parties, can be found in Changes to certain practices for filing interventions – Expansion of filing practices to include the filing of joint supporting comments for broadcasting policy proceedings, Broadcasting Information Bulletin CRTC 2010-28-1, 10 December 2010.

The Commission encourages interested persons and parties to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.

Submissions longer than five pages should include a summary. Each paragraph of all submissions should be numbered, and the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Pursuant to Filing submissions for Commission proceedings in accessible formats, Broadcasting and Telecom Information Bulletin CRTC 2015-242, 8 June 2015, the Commission expects incorporated entities and associations, and encourages all Canadians, to file submissions for Commission proceedings in accessible formats (for example, text-based file formats that allow text to be enlarged or modified, or read by screen readers). To provide assistance in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.

Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:

by completing the
[Intervention/comment/answer form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

Parties who send documents electronically must ensure that they will be able to prove, upon Commission request, that service/filing of a particular document was completed. Accordingly, parties must keep proof of the sending and receipt of each document for 180 days after the date on which the document is filed. The Commission advises parties who file and serve documents by electronic means to exercise caution when using email for the service of documents, as it may be difficult to establish that service has occurred.

In accordance with the Rules of Procedure, a document must be received by the Commission and all relevant parties by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions, including those due to postal delays, will not be considered by the Commission and will not be made part of the public record.

The Commission will not formally acknowledge submissions. It will, however, fully consider all submissions, which will form part of the public record of the proceeding, provided that the procedure for filing set out above has been followed.

Parties wishing to appear at the hearing and parties requiring communication support must state their request on the first page of their intervention. Parties requesting appearance must provide clear reasons, on the first page of their intervention, as to why the written intervention is not sufficient and why an appearance is necessary. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, email or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, email addresses, postal/street addresses, telephone and facsimile numbers, etc.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

Availability of documents

Electronic versions of the applications are available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. They are also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.

Electronic versions of the interventions and answers, as well as of other documents referred to in this notice, are available on the Commission’s website at www.crtc.gc.ca by visiting the “Participate” section, selecting “Submit Ideas and Comments,” and then selecting “our open processes.” Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.

Documents are also available at the following address, upon request, during normal business hours.

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Secretary General

Date modified: