|
Public Notice
|
|
Ottawa, 1 October 1984
|
|
Public Notice CRTC 1984-237
|
|
A proposal for an Ethnic Broadcasting Policy for Canada
|
|
INTRODUCTION
|
|
Canadians represent a diversity of peoples from different cultures, religions, races and ethnic origins. The emergence of ethnic broadcasting services reflects this cultural and linguistic plurality which is an essential part of the Canadian national identity. At present, it is estimated that one-third of the Canadian population is from ethnocultural backgrounds other than English, French or native Canadian.
|
|
The CRTC, and its predecessor, the Board of Broadcast Governors, recognized that ethnic broadcasting had the potential to serve the cultural and social needs of new Canadians and contribute to the development of Canada's multicultural character by promoting social harmony, tolerance and the exchange of knowledge, culture and beliefs.
|
|
In response to the needs of many regions and to the initiatives originated by ethnic groups within the broadcasting community itself, the Commission authorized various forms of ethnic broadcasting services in languages other than English, French or native Canadian. As a result, ethnic broadcasting services gradually developed as an integral feature of, and contributed significantly to, the Canadian broadcasting system.
|
|
At the same time, the Government's Policy of Multiculturalism, announced in 1971, included elements that encouraged cultural retention, creative encounters, interchange among ethnic groups, and the opportunity for immigrants to learn French and English.
|
|
The Canadian broadcasting regulatory authority has licensed seven radio stations since 1962 to provide ethnic broadcasting services in Canada. In 1979 the Commission licensed CFMT-TV, a television station in Toronto and, in 1982 World View, a regional pay television network in British Columbia. In May 1984, the Commission licensed the two discretionary satellite-to-cable network services, Chinavision and Latinovision.
|
|
To add to this array of services, many English and French-language stations have, in varying degrees, provided an element of ethnic programming in their broadcasting schedules. Local programs produced by ethnic communities are also included in the schedules of many cable community channels. Several cable systems currently distribute single language services on the cable FM band, and special programming services are provided on cable channels in the Vancouver and Montreal areas.
|
|
The growing demand for additional ethnic broadcasting services, the increasing use of new communications technologies and the evolving nature of the Canadian broadcasting system, have raised a number of issues of concern to the Commission and these are the subject of this Public Notice.
|
|
Furthermore, the Commission has received a number of representations from ethnic broadcasters, independent program producers, and various cultural associations indicating the need for the development of a cohesive ethnic broadcasting policy.
|
|
The Commission has reviewed its general policies with respect to ethnic broadcasting issues, and solicits public comment on the proposed changes outlined in the following sections I to IX of this Public Notice. Such comments, however, should be submitted in the context of the Commission's current position with respect to the licensing of ethnic broadcasting undertakings outlined below.
|
|
Licensing Approach
|
|
A basic tenet of the Commission's approach is that freqency spectrum scarcity will not permit the licensing of a single language service to each ethnic group in a given market. As a result, the Commission generally will not license over-the-air single language transmitting undertakings and will require that a licensee provide a broadly-based service to the ethnic communities within the coverage area of the undertaking.
|
|
Since all licensees are expected to reflect the diverse broadcasting needs of their communities, the Commission will wish to be reassured that the needs of smaller ethnic communities and those of visible minority groups, as well as the needs of the larger ethnic groups, are met.
|
|
The Commission will be concerned with the financial integrity of the applicants and the viability of the proposed service. Applicants will, therefore, be required to provide evidence of continued financial commitment.
|
|
1. ETHNIC PROGRAMS
|
|
The Commission proposes to define an "ethnic program" (excluding musical, advertising, public service or promotional content) as:
|
|
TYPE A: a program in a language other than English, French or native Canadian.
|
|
TYPE B: a program in English or in French that is specifically directed to culturally or racially distinct groups whose first or common bond language is English or French.
|
|
TYPE C: a program in English or in French that is specifically directed to any ethnic group other than in TYPE B.
|
|
TYPE D: a program of a bilingual mix (English or French plus TYPE A) that is specifically directed to any ethnic group.
|
|
For television, where different languages may be used between the audio and video, the Commission will consider the audio portion of the signal to determine the language.
|
|
1. ETHNIC TELEVISION STATIONS
|
|
The Commission's existing policy defines a multilingual television station as one that, "between 0600 and 2400 hours and between 1800 and 2400 hours of any day in any broadcast week, devotes not less than 60% of its time to third-language programs and programs in native North American languages."
|
|
The Commission now proposes to define:
|
|
An "ethnic television station" as one that is authorized to devote
|
|
a) not less than 80% of its broadcast week between 0600 and 2400 hours and between 1800 and 2400 hours, to ethnic programs of TYPES A, B, C, D, or any combination thereof, and
|
|
b) not less than 60% of the broadcast week to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall comprise ethnic programs of TYPE B.
|
|
With respect to all other matters, such as Canadian content and advertising, the Commission will continue to apply the existing regulations to ethnic television licensees.
|
|
111. CONVENTIONAL TELEVISION STATIONS
|
|
Currently there are many conventional broadcasters, such as CFCF Montreal, CITY Toronto, CHCH Hamilton, CHFD Thunder Bay and others that broadcast ethnic programs. At present there are no restrictions on either the volume or type of ethnic programming that these licensees are permitted to broadcast.
|
|
The Commission proposes the following:
|
|
1. Where no ethnic television station has been licensed to serve a given area, any conventional television station in that same area, may devote up to 15% of its broadcast week to ethnic programs of TYPES A, B, C, D or any combination thereof.
|
|
2. Where an ethnic television station has been licensed to serve an area, any conventional television station in that same area may devote up to 10% of its broadcast week to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall comprise ethnic programs of TYPE B.
|
|
3. Any conventional television station may be authorized to devote up to 60% of its broadcast week between 0600 and 2400 hours to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall ethnic programs of
|
|
IV. ETHNIC RADIO STATIONS
|
|
The Commission's existing FM policy defines an "ethnic or multicultural radio station" as one that is authorized to broadcast more programming in languages other than English, French, Canadian Indian or Eskimo than is normally permitted under Section 17 of the Radio (FM) Broadcasting Regulations.
|
|
The Commission now proposes to define:
|
|
An "ethnic radio station" as one that is authorized to devote,
|
|
a) not less than 80% of its broadcast week between 0600 and 2400 hours, to ethnic programs of TYPES A, B, C, D or any combination thereof, and
|
|
b) not less than 60% of the broadcast week to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall comprise ethnic programs of TYPE B.
|
|
The Commission intends to continue to apply the existing radio regulations (such as those relating to Canadian content, logging and advertising) to ethnic radio stations.
|
|
V. CONVENTIONAL RADIO STATIONS
|
|
Ethnic programming has on occasion been used to attract audiences of various linguistic backgrounds to English or French-language radio stations. Such programs were often removed once the English or French programming became financially self-sustaining. However, in some cases the reverse has occurred: stations have reduced their percentage of English and French programming in order to serve the larger ethnic groups within their coverage area.
|
|
In accordance with the current Radio (AM) Regulations (Section 17) and the Radio (FM) Regulations (Section 26),
|
|
- any radio station may program as much as 15% of its broadcast day in a language other than English or French, without any special permission;
|
|
- any such station may receive authorization to program as much as 20% of its broadcast day in a language other than English or French, upon application to the Commission, and without a public hearing on the matter;
|
|
- only stations that seek to include up to 40% are subject to a public hearing process.
|
|
The Commission now proposes the following amendments to the AM and FM Radio Regulations:
|
|
1. Where no ethnic radio station has been licensed to serve a given area, any conventional radio station in that same area may devote up to 15% of its broadcast week between 0600 and 2400 hours to ethnic programs of TYPES A, B, C, D, or any combination thereof.
|
|
2. Where an ethnic radio station has been licensed to serve an area, any conventional radio station in that same area may devote up to 10% of its broadcast week between 0600 and 2400 hours to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall comprise ethnic programs of TYPE B.
|
|
3. Any conventional radio station may be authorized to devote up to 60% of its broadcast week between 0600 and 2400 hours to ethnic programs of TYPES A and B only, of which
|
|
(i) not less than 70% shall comprise ethnic programs of TYPE A, and
|
|
(ii) not less than 10% shall comprise ethnic programs of TYPE B.
|
|
VI. BROKERAGE ON CONVENTIONAL RADIO AND TELEVISION STATIONS
|
|
Many independent ethnic program producers purchase blocks of time from conventional radio and television stations. As producers, they determine the program content and commercial messages, and derive revenues from the advertising contained therein. In accordance with the Broadcasting Act, which stipulates that "all persons licensed to carry on broadcasting undertakings have a responsibility for programs they broadcast...", the licensee is fully responsible for any programming provided on its broadcasting undertaking, whether or not such programming is supplied by an independent producer.
|
|
While the Commission recognizes that the practice of brokerage can reduce the licensee's control over program content, it acknowledges, however, that brokerage has provided ethnic producers with access to the airwaves. It has also encouraged the Canadian production of popular ethnic programs, which otherwise may not have been produced.
|
|
In light of the above, the Commission invites comments as how best to ensure that licensees who provide brokered programs fulfill their responsibility under the Broadcasting Act, and abide by the existing regulations.
|
|
VII. CABLE TELEVISION
|
|
Within the context of an ethnic broadcasting policy, the Commission will continue to emphasize the role of cable television with its special and unique capabilities to expand the range of programming services made available to various cultural and linguistic groups by means of
|
|
1) Cable Carriage of Ethnic Television and Radio Stations
|
|
2) Community Channels
|
|
3) Special Programming Channels
|
|
4) Closed-Circuit Cable Audio Channels
|
|
1) Cable Carriage of Ethnic Television and Radio Stations
|
|
In the introductory statement to Decisions CRTC 80-78 to 80-85 regarding the carriage of the multilingual television station in the Metropolitan Toronto area (CFMT-TV Toronto), the Commission acknowledged that cable television systems in Metropolitan Toronto, within the Grade A contour of CFMT-TV, would continue to be required to distribute the signal of that priority station on an unrestricted channel of the basic service, in accordance with section 6 of the Cable Television Regulations. However, those systems outside the boundaries of the Metropolitan Toronto area, within the Grade B contour of the station, where generally less than 10% of the population was of a mother tongue other than English or French, were authorized to distribute CFMT-TV on augmented channels.
|
|
The Commission invites comments on whether, and under which conditions, cable television licensees, such as those which currently distribute this ethnic television service on augmented channels, should now be required to give priority carriage to such ethnic services on an unrestricted channel on the basic tier.
|
With respect to radio, current policies and regulations applicable to the carriage of Canadian radio services also apply to Canadian ethnic radio stations. In this regard the Commission has recently issued a policy statement and proposed draft amendments to the Cable Television Regulations regarding the carriage of audio services which would allow for the priority carriage of local Canadian FM and AM stations broadcasting in stereo and the optional carriage of other radio stations, subject to certain criteria proposed in that Notice (CRTC 1984-124 dated 28 May 1984).
|
|
2) The Community Channel
|
|
The Commission in its Cable Television Regulations (Section 6) requires all licensees of cable television systems to provide a community channel on their basic service on a priority basis. The community channel should continue to provide access to all groups in a given community irrespective of their cultural and linguistic backgrounds.
|
|
The Commission intends to continue to apply the existing Cable Television Regulations (section 11), to the carriage of ethnic as well as other community programs on the community channel. For instance, no advertising material (including "contra" advertising) is allowed, and no feature motion pictures, over-the-air television programs or reruns of such programs are permitted on the community channel.
|
|
3) Special Programming Channels
|
|
The Commission's policy with respect to special programming channels is contained in the cable policy statement of 16 December 1975 entitled "Policies Respecting Broadcasting Receiving Undertakings (Cable Television)". As reiterated in the Commission's March 1979 Public Announcement, "A Review of Certain Cable Programming Issues", this policy "encouraged cable television licensees to give priority to the redistribution of special Canadian programming of particular relevance to the local community served by the cable operator. It was intended that such special programming would reflect the political, social and cultural interests of communities served."
|
|
The Commission has in the past, approved, and will continue to consider, on a case-by-case basis, the production and exhibition by cable operators of special interest programming not undertaken by conventional broadcasters because of commercial, scheduling or other constraints.
|
|
Although advertising or sponsored material is not permitted, there are certain exceptions. These include the replays of local Canadian-produced broadcast signals and special cultural programs that may contain credits in their original production, provided that there is no specific product or service advertising.
|
|
The Commission wishes to reiterate its policy that special programming channels should contribute significantly to the enrichment of the Canadian broadcasting system by extending and complementing local Canadian programming; however they should not directly compete with over-the-air broadcasting undertakings.
|
|
4) Closed-Circuit Cable Audio (Cable FM)
|
|
Ethnic closed-circuit cable audio services, normally provided to cable television licensees on a contractual basis by persons other than employees of the licensee, have been in operation for more than a decade. Owing to spectrum limitations, many of the needs of the larger ethnic groups cannot be adequately met by existing conventional radio broadcasters.
|
|
The Commission believes that closed-circuit audio operations should be permitted to continue under the existing conditions outlined in the March 1979 Public Announcement, "A Review of Certain Cable Programming Issues", namely:
|
|
a) the programming service must be shown to be complementary to, and not imitative of, conventional radio programming. The programming should address an audience that is not practical to serve by an over-the air station;
|
|
b) the service must provide balanced programming, allowing reasonable opportunity for the expression of differing views on matters of concern to the audiences;
|
|
c) since the closed-circuit operations will not be required to meet the same service obligations as conventional broadcasters, it follows that they should not be allowed to compete directly for the same commercial revenue. Services in English and French must be limited to non-commercial sponsorship advertising. Services in other languages will be limited only to the extent that their commercials must be in languages other than English or in French;
|
|
d) audio reproductions of the program distributed must be kept by the cable licensee for a period of four weeks.
|
|
Licensees of ethnic over-the-air stations have expressed concern that ethnic closed-circuit services can compete with them for revenue while English and French-language stations are protected from such competition. On the other hand, groups providing these services argue that commercial activity is the only way they can remain financially viable.
|
|
The Commission proposes to limit audio services broadcasting in languages other than English, French or native Canadian to sponsorship advertising in areas where either a conventional radio station authorized to broadcast ethnic programs or an ethnic radio station has been licensed.
|
|
VIII. ANCILLARY SERVICES
|
In Public Notice CRTC 1984-117, the Commission acknowledged the development of the Vertical Blanking Interval (VBI) and Subsidiary Communications Multiplex Operation (SCMO) and the evolving use of such technologies by broadcasters for the provision of additional services. In that notice, the Commission indicated that, as a general rule and unless authorized by the Commission, cable television licensees may not alter or curtail these services from the main signals of which they are part.
|
|
The VBI is an integral part of every television signal but does not contain any part of the video picture. With the development of improved technology, part of the VBI can now be used for the distribution of a variety of special services.
|
|
SCMO is a technique that enables part of the signal transmitted by FM radio stations to be used for a variety of services.
|
|
In each case, the regular programming and the additional services share a common transmitter. Subject to certain restraints, the additional services are received via special equipment.
|
|
The Commission considers that both VBI and SCMO present options for the future development of ethnic broadcasting in that they have the capacity to be used for the distribution of many types of special services aimed at specific audiences. For instance, the VBI could be used to provide subtitles, while the SCMO of FM stations could be used to provide full-scale ethnic broadcasting services.
|
|
The Commission in its Notice also announced that it was taking a very light regulatory approach to VBI and SCMO until the end of 1986 to "encourage broadcasters to experiment." The ten-point guide established for such services deals with program innovation, advertising and subscription fees.
|
|
With respect to the use of VBI and SCMO, and in keeping with the Commission's flexible regulatory approach, single-language services may be authorized, as warranted.
|
|
The Commission expects ethnic broadcasters to examine the potential of SCMO and VBI with regard to possible ethnic services.
|
|
IX. NETWORKS FOR ETHNIC SPECIALTY OR PAY TELEVISION SERVICES
|
|
In Public Notice CRTC 1983-93, the Commission stated that Canadian Specialty programing services should be offered "on a discretionary basis at the option of the subscriber" and should, by definition, "consist of narrowcast television programming that would be complementary to existing services".
|
|
The Commission noted that in considering applications for such programming services it would be guided by certain general principles and objectives similar to those established for the introduction of general interest pay television services.
|
|
Therefore, in light of these guidelines, the Commission will continue to assess applications for discretionary ethnic specialty television programming services on a case-by-case basis.
|
|
X. Submission of Public Comments
|
|
Without wishing to limit the scope of public comment, the Commission invites submissions on the following topics:
|
|
° The definition of an ethnic program
|
|
° The definition of ethnic radio radio and television stations
|
|
° The proposed changes to the current AM and FM regulations
|
|
° The brokerage of ethnic programs
|
|
° The role of Cable Television
|
|
° Ancillary Services
|
|
Comments in response to this notice, should be received not later than 30 November 1984 and should be addressed to the Secretary General, CRTC Ottawa, Ontario K1A 0N2.
|
|
A public hearing on this matter is tentatively scheduled in the National Capital region, commencing 15 January 1985.
|
|
Fernand Bélisle Secretary General
|
|
|