ARCHIVED -  Public Notice CRTC 1985-261

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Public Notice

Ottawa, 4 December 1985
Public Notice CRTC 1985-261
Proposed Amendments to the Television Broadcasting Regulations, the Radio (A.M.) Broadcasting Regulations and the Radio (F.M.) Broadcasting Regulations
On 4 July 1985 in Public Notice CRTC 1985-139, "A Broadcasting Policy Reflecting Canada's Linguistic and Cultural Diversity", the Commission announced its intention to issue new regulations to implement the ethnic broadcasting policy guidelines that were introduced in that notice. This policy resulted from an extensive consultative process with a broad spectrum of national and provincial organizations representing approximately 3.2 million Canadians of various ethnic origins as well as representatives from the broadcasting industry. As part of this consultative process, regional public hearings were held in Vancouver, the National Capital Regional and Toronto in March 1985.
Among the matters addressed in Public Notice CRTC 1985-139 were the licensing of ethnic radio and television stations, ethnic programming on conventional stations and descriptions of various types of ethnic programs.
In Appendices I, II and III to this Public Notice, the Commission now proposes, for public comment, amendments to the Television Broadcasting Regulations, Radio (A.M.) Broadcasting Regulations and Radio (F.M.) Broadcasting Regulations respectively, that will set out the extent to which licensees may or must broadcast programs of Types A, B, C or D, as defined, and will require licensees to indicate in their program logs, where appropriate, the language(s) of the programs they broadcast, the ethnic group(s) to which they are directed and whether a program corresponds to Type A, B, C, D or E. Comments on the proposed amendments should be sent to the Fernand Bélisle, Secretary General, CRTC, Ottawa, Ontario, K1A 0N2 no later than Friday 10 January 1986.
As noted in Public Notice CRTC 1985-241 dated 13 November 1985, the Commission also intends to issue for public comment an amendment to the Radio (A.M.) Broadcasting Regulations with respect to the minimum Canadian content level of musical compositions for ethnic programs. This will be done as soon as possible.
Fernand Bélisle
Secretary General
APPENDIX I
1. Section 2 of the Television Broadcasting Regulations is amended by adding thereto, in alphabetical order within the section, the following defintions:
""broadcast week" means the total number of hours devoted to broadcasting for a period beginning at six o'clock in the forenoon and ending at midnight in each day, during each week; (semaine de radiodiffusion)
"ethnic program" means a program of Type A, B, C or D, as set out in Schedule II; (émission à caractère ethnique)
"ethnic station" means a station that is authorized by the Commission pursuant to paragraph 17(1)(a) of the Act to devote at least 60 per cent of its broadcast week to ethnic programs; (station à caractère ethnique)"
2. Paragraph 5(1)(d) of the said Regulations is revoked and the following substituted therefor:
"(d) the title and a brief description of each program broadcast, the name of the sponsor or sponsors, if any, the time at which the program began and ended, a notation indicating whether the program was reproduced or was a live origination, a designation indicating Canadian content classification and the code set out in column I of Schedule II indicating the language, type or group of the program described in column II of that Schedule;"
3. The said Regulations are further amended by adding thereto, immediately after section 20 thereof, the following heading and section:
"Ethnic Programs
20.1(1) The licensee of an ethnic station shall devote not less than 60 per cent of its broadcast week to ethnic programs.
(2) Subject to subsection (4), the licensee of a station other than an ethnic station whose Grade B official contour intersects the Grade B official contour of an ethnic station shall not devote more than 10 per cent of its broadcast week to ethnic programs.
(3) Subject to subsection (4), the licensee of a station other than an ethnic station whose Grade B official contour does not intersect the Grade B official contour of an ethnic station shall not devote more than 15 per cent of its broadcast week to ethnic programs.
(4) The Commission may, on application by a licensee, authorize the licensee to devote up to 40 per cent of its broadcast week to ethnic programs."
4. The heading to the schedule to the said Regulations is revoked and the following substituted therefor:
"SCHEDULE I"
5. The said Regulations are further amended by adding thereto the following schedule:
"SCHEDULE II
(Sections 5 and 20.1)
Code indicating language, type and group of programming
A. Code Indicating Language
Column I Column II
Item Code Description
1. Abbreviated name Programming in a language of language other than the official language for which the station was principally licensed
B. Code Indicating Type
Column I Column II
Item Code Description
1. Type A A program in a language other than French, English or a language of the aboriginal peoples of Canada
2. Type B A program in French or in English that is directed to a distinct ethnic group whose mother tongue or common language in their country of origin is French or English
3. Type C A program in French or in English that is directed to a distinct ethnic group whose mother tongue is included in Type A
4. Type D A bilingual program in French or English as well as a language other than French, English or a language of the aboriginal peoples of Canada that is directed to a distinct ethnic group
5. Type E A program in French or English that is directed toward a distinct ethnic group or toward the general public and that depicts Canada's cultural diversity through services that are multi-cultural, educational, informational, cross-cultural or inter-cultural
C. Code Indicating Group
Column Column II
Item Code Description
1. Abbreviated name The specific ethnic group at of ethnic group which a program of Type A, B, C or D is directed"
EXPLANATORY NOTE
(This note is not part of the Regulations.)
These amendments
(a) provide for the extent to which licensees may broadcast ethnic programs; and
(b) add a schedule setting out the code to be used by the licensee in his program log to indicate language, type and group of programming in broadcasting ethnic programs.
APPENDIX II
1. Section 2 of the Radio (A.M.) Broadcasting Regulations is amended by adding thereto, in alphabetical order within the section, the following defintions:
""broadcast week" means the total number of hours devoted to broadcasting for a period beginning at six o'clock in the forenoon and ending at midnight in each day, during each week; (semaine de radiodiffusion)
"ethnic program" means a program of Type A, B, C or D, as described in Schedule I; (émission à caractère ethnique)
"ethnic station" means a station that is licensed by the Commission pursuant to paragraph 17(1)(a) of the Act to devote at least 60 per cent of its broadcast week to ethnic programs; (station à caractère ethnique)
"production content" means, with respect to an ethnic program, broadcast matter that falls within content category 8 as described in Schedule II; (teneur de production)
"spoken word content" means, with respect to an ethnic program, broadcast matter that falls within content categories 0 to 5 excluding content subcategory 14 as set out in Schedule II. (teneur de creations orales)"
2. Paragraph 4(1)(d) of the said Regulations is revoked and the following substituted therefor:
"(d) the title and a brief description of each program broadcast, the name of the sponsors, if any, the time at which the program commenced and concluded and the code set out in column I of Schedule I indicating the origin and, where appropriate, the language, type or group of the program described in column II of that Schedule;"
3. The heading preceding section 18 and section 18 of the said Regulations are revoked and the following substituted therefor:
"Ethnic Programs
18.(1) The licensee of an ethnic station shall devote not less than 60 per cent of its broadcast week to ethnic programs.
(2) Subject to subsection (3), the licensee of a station other than an ethnic station shall not devote more than 15 per cent of its broadcast week to ethnic programs.
(3) The Commission may, on application by a licensee, authorize the licensee to devote up to 40 per cent of its broadcast week to ethnic programs."
4. Schedule I of the said Regulations is revoked and the following substituted therefor:
"SCHEDULE I
(Sections 4 and 18)
Code indicating the origin, language, type and group of programming:
A. Code Indicating Origin
Column I Column II
Item Code Description
1. Live For live programming, including the first play on the station of live programming produced for delayed presentation
2. R For recorded or repeat programming on tape or disc, including programming primarily consisting of recorded music or spoken word
3. Net For programming obtained from networks, to be followed by the name of the network, e.g. "Net CBC"
B. Code Indicating Language
Column I Column II
Item Code Description
1. Abbreviated name For programming in a language of language other than the official language for which the station was principally licensed
C. Code Indicating Type
Column I Column II
Item Code Description
1. Type A For a program whose spoken word content and production content are in a language other than French, English or a language of the aboriginal peoples of Canada
2. Type B For a program whose spoken word content and production content are in French or in English and is directed to a distinct ethnic group whose mother tongue or common language in their country of origin in French or English
3. Type C For a program whose spoken word content and production content are in French or English and is directed to a distinct ethnic group whose mother tongue is included in Type A
4. Type D For a bilingual program whose spoken word content and production content are in French or English as well as a language other than French, English or a language of the aboriginal peoples of Canada and is directed toward a distinct ethnic group
Type E For a program in French or English whose spoken word content and production content are directed toward a distinct ethnic group or to the public in general and that depicts Canada's diversity through services that are multicultural, educational, informational, cross-cultural or inter-cultural
D. Code Indicating Group
Column I Column II
Item Code Description
1. Abbreviated name For identifying the specific of ethnic group ethnic group at which a program of Type A, B, C, or D is directed"
EXPLANATORY
(This note is not part of the Regulations)
These amendments
(a) set out the extent to which licensees may broadcast ethnic programs; and
(b) oblige the licensee to indicate in its program log the origin and, where appropriate, the language, type or group of its ethnic programs.
APPENDIX III
1. Section 2 of the Radio (F.M.) Broadcasting Regulations is amended by adding thereto, in alphabetical order within the section, the following definitions:
""broadcast week" means the total number of hours devoted to broadcasting for a period beginning at six o'clock in the forenoon and ending at midnight in each day, during each week; (semaine de radiodiffusion)
"ethnic program" means a program of Type A, B, C or D, asset out in Schedule I; (emission à caractère ethnique)
"ethnic station" means a station that is authorized by the commission pursuant to paragraph 17(1)(a) of the Act to devote at least 60 per cent of its broadcast week to ethnic programs; (station à caractère ethnique)
"production content" means, with respect to an ethnic program, broadcast matter that falls within content category 7 as set out in C.R.T.C. Notice 83-43 of March 3, 1983 as amended by appendix I of C.R.T.C. Notice 84-151 of June 18, 1984; (teneur de production)
"spoken word content" means, with respect to an ethnic program, broadcast matter that falls within content categories 1 to 4 excluding content subcategory 24 as set out in C.R.T.C. Notice 83-43 of March 3, 1983, as amended by Appendix I of C.R.T.C. Notice 84-151 of June 18, 1984. (teneur de créations orales)"
2. Paragraph 5(1)(d) of the said Regulations is revoked and the following substituted therefor:
"(d) the title and a brief description of each program broadcast, the name of the sponsor or sponsors, if any, the time at which the program began and ended and the code word or letter set out in column I of Schedule I indicating the origin and, where appropriate, the language, type or group of the program as described in column II of that Schedule;"
3. The heading preceding section 26 and section 26 of the said Regulations are revoked and the following substituted therefor:
"Etnnic Programs 26.(1) The licensee of an ethnic station shall devote not less than 60 per cent of its broadcast week to ethnic programs.
(2) Subject to subsection (3), the licensee of a station other than an ethnic station shall not devote more than 15 per cent of its broadcast week to ethnic programs.
(3) The Commission may, on application by a licensee, authorize the licensee to devote up to 40 per cent of its broadcast week to ethnic programs."
4. Schedule I to the said Regulations is revoked and the following substituted therefor:
"SCHEDULE I
(Sections 5 and 26)
Code indicating origin, language, type and group of programming
A. Code Indicating Origin
Column Column II
Item Code Description
1. Live Live programming, including the first play on the station of live programming produced for delayed presentation
2. R Recorded or repeat programming on tape or disc, including programming primarily consisting or recorded music or spoken word
3. Net Programming obtained from networks, to be followed by the name of the network, e.g. Net CBC
B. Code Indicating Language
Column I Column II
Item Code Description
1. Abbreviated name Programming in a language of language other than the official language for which the station was principally licensed
C. Code Indicating Type
Column I Column II
Item Code Description
1. Type A A program whose spoken word content and production content are in a language other than French, English or a language of the aboriginal peoples of Canada
2. Type B A program whose spoken word content and production content are in French or in English and is directed to a distinct ethnic group whose mother tongue or common language in their country of origin is French or English
3. Type C A program whose spoken word content and production content are in French or English and is directed to a distinct ethnic group whose mother tongue is included in Type A
4. Type D A bilingual program whose spoken word content and production content are in French or English as well as a language other than French, English or a language of the aboriginal peoples of Canada and is directed to a distinct ethnic group
5. Type E A program in French or English whose spoken word content and production content are directed toward a distinct ethnic group or toward the public in general and that depicts Canada's cultural diversity through services that are multicultural, educational, informational, cross-cultural or inter-cultural
D. Code Indicating Group
Column I Column II
Item Code Description
1. Abbreviated name The distinct ethnic group of ethnic group at which a program of Type A, B, C or D is directed"
EXPLANATORY
(This note is not part of the Regulations.)
These amendments
(a) set out the extent to which licensees may broadcast ethnic programs; and
(b) oblige the licensee to indicate in its program log the origin and, where appropriate, the language, type or group of its ethnic programs.

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