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Public Notice
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Ottawa, 9 August 1988
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Public Notice CRTC 1988-134
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REQUEST FOR COMMENTS ON THE DEFINITION OF "FIRST RUN" TELEVISION PROGRAMMING
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In various decisions over the last two years, the Commission has taken specific measures to provide more and better Canadian television programming to Canadian viewers. One aspect of this development relates to requirements concerning "new" or "first run" Canadian entertainment programming, particularly drama. Either by means of expectations or conditions of licence, the Commission has required more "first run" Canadian entertainment programming, whether measured by numbers of hours or the volume of related program expenditures.
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For example, in Decision CRTC 86-1086 dated 14 November 1986, the Commission renewed the broadcasting licence issued to Global Communications Limited (Global) and its retransmitters subject to various conditions of licence. One condition requires that in each year, Global broadcast "a minimum of 200 hours of new, first run, Canadian drama, music and dance, variety, children's and Category 2 documentary programs." A second condition requires that in each year, Global spend specified amounts "in respect of first run amortized play costs for new, first run, Canadian drama, music and dance, variety, children's and Category 2 documentary programs".
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Similarly, in Decision CRTC 87-896 dated 30 November 1987, licensing the French language specialty service, Canal Famille, the Commission imposed a condition of licence requiring the licensee to distribute "no less than 104 hours of original, first-run programs." The decision also specified that, "for the purpose of this condition, an original, first run program means a program which has never before been distributed by any licensee of a broadcasting undertaking, and which will be distributed for the first time by the licensee." [emphasis added] A similar condition of licence is contained in Decision CRTC 87-903 dated 30 November 1987 relating to the English-language specialty television service, YTV.
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The Commission intends to continue encouraging the production, distribution and broadcast of Canadian entertainment programs, particularly drama. This includes encouraging the development of a Canadian syndication market, whereby Canadian progams can move easily from one region to another, and the development of an orderly series of windows for Canadian programs across various exhibitors: theatrical release, pay or specialty television services, conventional television, and so on. The Commission also wishes to encourage the dubbing or double-shooting in Canada of French-language Canadian entertainment programming, particularly drama, into English, and vice-versa. The overall objective is to maximize the volume of high-quality Canadian entertainment programming, particularly drama, that is accessible to audiences in Canada's two official languages, for the foreseeable future.
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To assist in the development of a more refined and consistent definition of "first run" Canadian television programming, the Commission invites public comments on the issues below.
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Conventional Television
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1. Should "first run" programs for a given licensee refer only to the authorized coverage area in question? In other words, should a program that has been aired elsewhere in Canada, entirely outside the licensee's authorized coverage area, still be eligible for consideration as "first run" programming?
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2. If a program has already been broadcast in a portion of a given licensee's authorized coverage area by another licensee, should that program be eligible for consideration as "first run" programming? If so, in what circumstances? Should, for example, the program be considered eligible according to a pro-rated formula based on the estimated proportion of the licensee's audience that has not yet viewed the program? (This estimate could be calculated on the basis of that portion of the licensee's total audience represented by the Extended Market in which the broadcast, as measured by BBM audience reach data.)
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3. Should Canadian entertainment programs that have already been aired by a discretionary service be considered eligible for consideration as "first run" programs on conventional television or on specialty services authorized for distribution on the basic service of a cable system?
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4. Should dubbed versions of French-language Canadian programs be considered eligible for consideration as "first run" programming on English-language services, and vice-versa, even though such programs may have been aired in their original language by another licensee in the same coverage area?
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Pay and Specialty Services
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1. Should a program that has been aired elsewhere in Canada by any licensee, entirely outside a given licensee's authorized coverage area, still be eligible for consideration as "first run" programming on a pay television service?
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2. If a program has already been broadcast by a conventional broadcaster in a portion of a given pay television licensee's authorized coverage area, should that program be eligible for consideration as "first run" programming? If so, in what circumstances? Should, for example, the program be considered eligible according to a prorated formula based on the estimated proportion of the pay licensee's audience that has not yet viewed the program?
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3. Should dubbed versions of French-language Canadian programs be considered eligible for consideration as "first run" programming on English-language services, and vice-versa?
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The Commission is seeking public comments on the foregoing and related issues. Comments should be sent to the Secretary General, CRTC, Ottawa, Ontario K1A 0N2 on or before 15 September 1988.
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Fernand Bélisle Secretary General
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