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Public Notice
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Ottawa, 13 November 1985
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Public Notice CRTC 1985-241
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CRTC Consultative Committee on Ethnic Broadcasting
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Related documents: Public Notices CRTC 1985-139 dated 4 July 1985 and CRTC 1985-208 dated 9 September 1985.
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BACKGROUND
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In Public Notice CRTC 1985-139, entitled "A Broadcasting Policy Reflecting Canada's Linguistic and Cultural Diversity" (4 July 1985), the Commission announced its intention to establish a Consultative Committee to examine several unresolved issues relating to the policy. Specifically, the following five items were referred to the Consultative Committee for study:
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1. the availability in Canada of musical recordings qualifying as Canadian, and consequently, the appropriate Canadian content level of musical recordings for ethnic radio broadcasters;
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2. the inclusion of the lyrics of a song as spoken word content for the purposes of defining an ethnic radio program;
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3. the inclusion of instrumental selections in the definition of an ethnic radio program;
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4. the most effective means of stimulating and promoting Canadian ethnic talent and record production;
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5. access by ethnic groups to the community channel.
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In Public Notice CRTC 1985-208 dated 9 September 1985, the Commission announced the formation of a CRTC Consultative Committee on Ethnic Broadcasting composed of CRTC Commissioners and co-ordinated by senior CRTC staff.
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The Consultative Committee appointed two CRTC staff members to meet with radio broadcasters providing ethnic programs, operators of closed-circuit audio services providing third-language programming to cable subscribers, representatives of the recording industry, ethnic artists, provincial government departments and other interested parties for the purposes of gathering information and discussing various options.
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Consultative Committee staff travelled to Vancouver (10 and 11 September), Edmonton (12 September), Winnipeg (13 September), Toronto (25 and 26 September), Montreal (3 October) and Ottawa (9 October).
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In the course of these meetings, representatives of the Consultative Committee met with a total of eighteen broadcasters (conventional and ethnic), officials of eight provincial government departments and agencies, five closed-circuit operators, sixteen ethnic musicians, six record producers and distributors, two recording studio representatives, a record pressing plant representative and various other organizations associated with music and recording. Interviews were also conducted by telephone with individuals, groups, or associations unable to meet personally with Committee staff. A number of the participants completed a questionnaire designed by the Consultative Committee as a means of assessing the availability of Canadian-produced ethnic musical compositions. In addition, several chain, independent and specialty record stores were visited to examine the inventories of ethnic musical recordings, both Canadian and foreign-produced.
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On the basis of the information obtained, the Consultative Committee made a number of recommendations to the Commission which has endorsed the a policy proposals herein set out.
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This notice deals specifically with the first four issues referred to above which are of concern to radio broadcasters. The matter of community access to cable will be dealt with at a later date.
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The Commission thanks all those who took part in this consultative process and acknowledges the concern and understanding exhibited by the participants. On many topics, despite the wide variety of perspectives canvassed, the Committee found a high degree of unanimity. The participants' views were of great assistance to the Consultative Committee in formulating the proposals contained in this notice.
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ISSUES
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1. Canadian Content
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Subsection 12(1) of the Radio (A.M.) Broadcasting Regulations provides that at least 30% of the musical compositions broadcast by a station or network operator between the hours of 6:00 a.m. and midnight shall be by a Canadian. During the ethnic broadcast policy hearings, ethnic radio programmers advised the Commission that the supply of ethnic musical recordings qualifying as Canadian is generally insufficient to meet the current regulatory requirement. This opinion was, for most language groups, supported by information presented to the Consultative Committee by members of various ethnic communities, by ethnic artists and by the recording industry.
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While noting that some ethnic groups produce a considerable number of musical recordings, the Commission has been convinced that there is an overall lack of Canadian recordings in third languages and, accordingly, that current Canadian content requirements may be difficult to attain, even with the best efforts of all concerned, if the programming directed at ethnic audiences is to rely on ethnic compositions for its musical content.
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In light of this, the Commission has accepted the Consultative Committee's recommendation as a policy to be followed by all radio stations broadcasting ethnic programming. Accordingly, section 12 of the Radio (A.M.) Broadcasting Regulations will be modified to require a minimum of 7% Canadian content overall during the broadcasting of ethnic programs of Types A, B, C and D. At all other times, the requirements set out in the existing regulations regarding Canadian content will continue to apply. The Commission will soon publish for public comment a proposed amendment to implement this change.
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The Canadian content level of each FM station is specified as a condition of licence. In light of this new policy, FM broadcasters may wish to ask for an amendment to their licences with respect to the broadcasting of ethnic programs of Types A, B, C and D.
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The Commission emphasizes that it considers the 7% level of Canadian content for ethnic programming periods to be a minimum and that it expects radio broadcasters to make every effort to gradually increase the Canadian content levels of ethnic programs. This expectation reflects the Commission's concern that Canadian ethnic artists be afforded maximum access to the airwaves. In the Commission's view, this will be facilitated should some of the proposals put forward later in this notice be acted upon.
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A number of applications for new licences or for the renewal or amendment of existing licences of ethnic radio stations and of conventional radio stations proposing to broadcast some ethnic programming, are scheduled to be considered at public hearings to be held in Vancouver commencing 2 December and in Toronto commencing 3 and 16 December 1985. In light of the new policy announced in this notice, the Commission advises such applicants that they must submit to the Commission in writing, no later than 5:00 p.m. on 27 November 1985, proposals as to the level of Canadian content each intends to provide for its ethnic programming and explain why such a level is appropriate according to their particular circumstances and in the context of Section 12(6) of the Radio (A.M.) Broadcasting Regulations. While the applicants will be expected to elaborate on these submissions at the December hearings, the Commission does not intend to accept new or revised Canadian content proposals at that time.
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The Commission is aware of the fact that the number of ethnic musical recordings qualifying as Canadian is greater for some languages than for others. The Commission further realizes that this situation may have a varying impact on the ability of ethnic broadcasters to meet their Canadian content obligations depending on the languages programmed by a station.
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With this in mind, the Commission reminds ethnic broadcasters and programmers that, as stated in Public Notice CRTC 1985-139 "all licensees should reflect the diverse broadcasting needs of their communities and that the Commission wishes to be reassured that the needs of smaller ethnic communities and those of visible minority groups are also met". The Commission recognizes that in so doing, it may be necessary for a station to cross-subsidize the level of ethnic recordings qualifying as Canadian between language groups.
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2. Song Lyrics As Spoken Word Content
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The Commission defines an ethnic program on the basis of the spoken word content rather than the musical content of the program. During the ethnic broadcast policy hearings, it was suggested that, in competitive market situations involving conventional radio stations and ethnic radio licensees, a broadcaster could schedule musical selections which did not reflect the spoken word content.
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During the consultative process, both conventional and ethnic broadcasters argued that the degree of regulatory intervention necessary to guard against this potential problem, by including the lyrics of a musical composition as spoken word content for the purposes of defining an ethnic program, would have the effect of severely limiting programming flexibility. Moreover, broadcasters and ethnic performers alike pointed out the complexity and difficulty of arriving at a proper, reliable and generally acceptable definition of what constitutes ethnic music.
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Accordingly, the Commission will maintain its current criteria for defining an ethnic program and will not include the lyrics of a song as part of the definition of an ethnic radio program.
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The Commission maintains, however, that the music of an ethnic radio program should reflect the language and character of the program as well as the musical tradition of the intended audience.
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3. The Definition of an Ethnic Instrumental
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The suggestion to include instrumental selections in the definition of an ethnic radio program was raised at the recent ethnic policy hearings. During the consultative process, how ever, the complexity of attempting to define the ethnicity of an instrumental selection within the context of an ethnic program was recognized. Those consulted suggested or agreed that this item be dropped from the agenda.
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4. Potential for Ethnic Recordings and Productions
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The Commission acknowledges the contribution of ethnic artists to the richness of Canada's musical culture. Nevertheless, throughout the consultative process, participants des cribed to the Consultative Committee the considerable difficulties associated with the production, distribution and promotion of ethnic musical recordings. At the same time, virtually all of the participants were of the view that ethnic musical performers could make a far greater contribution to the Canadian record inventory than they do at present. In addition, it was clearly demonstrated that although a substantial number of ethnic recordings are currently available, radio programmers and the public at large are often unaware of their existence.
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Three proposals were put forward as a means of encouraging the potential of ethnic recording and production in Canada:
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- a national production fund should be established to support ethnic record production
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- a catalogue of ethnic musical recordings qualifying as Canadian should be compiled
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- a televised multicultural music festival should be organized.
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While participants in the consultative process acknowledge that it may not be within the mandate of the Commission to act upon and implement such recommendations, they nevertheless urged the Commission to forward such proposals to the appropriate government departments and agencies. Accordingly, the Commission will relay the particulars of these suggestions to the Interdepartmental Working Group established by the Minister of State for Multiculturalism Canada to devise a framework and mandate for a National Advisory Committee on Ethnic Broadcasting.
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Fernand Bélisle Secretary General
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