Search

ARCHIVED -  Public Notice CRTC 1992-39

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

Public Notice

Ottawa, 1 June 1992
Public Notice CRTC 1992-39

CABLE TELEVISION COMMUNITY CHANNEL STANDARDS

Further to Public Notice CRTC 1991-59 dated 5 June 1991, in which the Commission announced its new community channel policy, the Canadian Cable Television Association (CCTA) has submitted to the Commission proposed Cable Television Community Channel Standards (the Standards). The Standards provide that, if accepted by the Commission, they will be administered by the Cable Television Standards Foundation (the Foundation), and will provide Foundation members with guidelines concerning community channel operations and programming.
The overall objective of these Standards is to ensure that programming distributed on the community channel is of high standard, in good taste and responsive to community needs, and that it complements programming broadcast by over-the-air, local, conventional television services.
The Standards specifically address the following matters:
i) terms and conditions with respect to community access policies, and promotion of citizen access to the community channel;
ii) balance in programming of public concern;
iii) restrictions with respect to abusive comments and corrective measures;
iv) stereotyping guidelines;
v) adequate training programs for volunteers and promotion of availability of such programs;
vi) allocation of funds from sponsorship and conventional local advertising for the benefit of community programming; and
vii) complaint procedures and follow-up.
The Commission has taken note of the public consultation process that was undertaken by the CCTA with respect to the development of these Standards. It is satisfied that this consultative process was consistent with the requirements of Public Notice CRTC 1988-13.
Furthermore, after reviewing the proposed Standards, the Commission considers that they adequately respond to, and reflect, the principles noted in its community channel policy.
Accordingly, the Commission hereby accepts the CCTA's Community Channel Standards, as filed on 15 April 1992. A copy of the Standards is attached.
In Public Notice 1991-59, the Commission stated that it would propose amendments to the Cable Television Regulations, 1986 (the regulations) in order to (a) allow cable licensees to mention in contra advertising the address and phone number of the person providing goods or services, and (b) allow Class 2 systems with fewer than 2000 subscribers and Part III systems providing service to unserved communities to air up to 12 minutes of local advertising material per hour on the community channel. The Commission has been awaiting Privy Council Office approval of these draft changes to the regulations since October 1991.
The Commission notes that these two changes are reflected in the Standards, but are subject to an appropriate amendment of the regulations. Licensees are reminded that they must conform to the regulations as they currently exist, and that they may only proceed with the proposed changes noted above if and when the regulations are amended.
The Commission intends to refer to the Cable Television Standards Council (the Council), for its consideration and resolution, all complaints it may receive regarding the practices of the members of the Foundation that fall within the scope of these Standards. However, as stated in Public Notice CRTC 1992-22 dated 16 March 1992, any interested party may, at any time, choose to approach the Commission directly.
The Commission also expects the Council's activities with respect to the Standards to be reflected in annual reports, the first one of which is to be submitted on or before 31 March 1993, for the year ending 31 December 1992.
Related Documents: Public Notices CRTC 1992-22 dated 16 March 1992, "Cable Television Standards Council"; CRTC 1991-59 dated 5 June 1991, "Community Channel Policy"; and CRTC 1988-13 dated 29 January 1988, "Guidelines for Developing Industry-Administered Standards".
Allan J. Darling
Secretary General
 

Appendix to Public Notice CRTC 1992-39

 

CABLE TELEVISION COMMUNITY CHANNEL STANDARDS

 

I  Introduction

  Community programming is unique within the Canadian Broadcasting system because it provides individuals and groups from all walks of life the opportunity to express their views and interests through the medium of television. Community programming also provides cable television subscribers with a distinctly local television service that enables them to stay in touch with the communities and the issues that affect their daily lives.
  The Community Channel is a source of pride for the Canadian cable television industry and its participants. More than ever before people are getting involved in the community channel, both behind and in front of the camera.
  Cable television operators are committed, as far as their individual circumstances permit, to encourage a high level of citizen participation and community involvement in community programming.
  The cable television industry has seized the challenges local community programming presents and has voluntarily developed and adopted the Cable Television Community Channel Standards attached.
  In establishing these Standards, the cable television industry objectives are to:
 
  • ensure the maintenance of the community channel's own particular identity, and continue to provide a television service that is complementary to over-the-air broadcast television services. Community channel programming distinguishes itself from programming offered by conventional radio and television stations because of the importance placed on community access, local content and origination;
 
  • assist community channel volunteers to understand and comply with CRTC regulations and policy guidelines, while fostering an environment that allows them to continue to be innovative in developing community programming;
 
  • produce and obtain community programming which reflects and meets the needs, concerns and interests of individuals and groups within the communities served by the respective cable television licensees;
 
  • maintain fair and equitable access policies, with minimal restrictions for individuals and groups that wish to express their views on the community channel; and
 
  • publicize the objectives of the community channel and its services.
  The Association anticipates that as new operational standards are identified as reliable guidelines for the provision of community programming, they will be incorporated into the Community Channel Standards.
  The Cable Television Community Channel Standards are operational standards that will be administered by the Cable Television Standards Council (CTSC).
  The Canadian cable television industry has accepted the responsibility for developing industry standards, codes and guidelines related to specific issues of concern to its customers and the public. In 1988, it established the Cable Television Standards Foundation to oversee the implementation of standards and to monitor the industry's compliance to those standards. The CTSF is mandated to appoint a Cable Television Standards Council. The Council is a tripartite body empowered to adjudicate disputes between the public, as well as other interested parties, and cable television licensees which are members of the Foundation. By-laws stipulate that one Member of the Council shall have the background and experience necessary to ensure that consumer interests and concerns are represented, that one Member shall be the person holding the position of President of the Foundation, and that the Chairperson shall be a person with previous judicial or quasi-judicial experience.
  Membership in the Foundation is voluntary and open to all Canadian Radio-television and Telecommunications Commission (CRTC) cable television licensees and is not restricted to members of the Canadian Cable Television Association.
  In administering all standards, the CTSC will recognize that each community and cable television system operates under different and unique local circumstances.
 

II  Definitions

  Programs distributed on cable television community channels may be produced or obtained in various ways. The following are definitions of the types (sources) of programming that are most commonly distributed on the community channel.
  i) Licensee Produced Programs
  Using predominantly its own staff and resources, a cable television licensee decides on the content and the format of the production and maintains complete editorial control. However, volunteers often assist the cable television licensee's staff by assuming supporting functions in the production of programs.
  ii) Community Produced Programs, Assisted by the Licensee
  Individuals or groups in the community produce programs of interest to them. These individuals or groups exercise substantial editorial control over content, but may draw upon the licensee's facilities, staff or volunteers for assistance.
  iii) Community Produced Programs, Unassisted by the Licensee
  Using their own resources, individuals and groups produce their own programs for distribution on the community channel. None of the cable television licensee's resources are involved, except in the distribution of the program on the community channel.
  iv) Programs Produced by Other Cable Television Licensees
  Through regional or national cooperation among cable television systems, programs produced by other cable television licensees or groups within another licensee's community may be distributed on the community channel.
  v) Public Service Announcements and Programming
  Programs of a non-commercial public service nature, as well as public service announcements produced and provided by non-profit organizations, governments, or other public bodies or agencies may also be distributed free of charge on the community channel.
 

III  Cable Television Community Channel Standards

  The following Cable Television Community Channel Standards have been developed by the Canadian Cable Television Association (CCTA), based upon the objectives set out in the introduction of this document, including other existing programming standards adopted by the Association's Board of Directors.
  Cable television programming is guided by regulations1 and policies2 established by the Canadian Radio-television and Telecommunications Commission (CRTC).
  Section 3.1 (h) of the 1991 Broadcasting Act3 states that "all persons licensed to carry out broadcasting undertakings have a responsibility for programs they broadcast." Policies affecting community channel access shall not be unduly restrictive, but shall recognize that the cable television licensee is ultimately responsible under the 1991 Broadcasting Act for the programming that it distributes on the community channel.
  Because the cable television licensee is ultimately responsible for the programs distributed on the community channel, it must retain the right to make the final decision with regard to such distribution.
  Groups and individuals who access community channels are expected to jointly and severally share in the responsibility as to the liability for the content, i.e. potential libel and/or other legal considerations.
 

STANDARDS

 

i) Overall Objective

  The programming distributed on the community channel shall be of high standard, in good taste and responsive to community needs. Community programming should complement programming aired by local, conventional television broadcasting channels. In other words, community channel programming distinguishes itself from programming offered by conventional radio and television stations because of the importance placed on community access, local content and origination.
 

ii) Compliance with Regulatory Policies and Legal Requirements

  In the operation of its community channel, a licensee shall comply with CRTC regulations relating to the community channel and be guided by CRTC community programming policies. The programming distributed on the community channel shall also conform to applicable provincial and federal laws and any other relevant law established by competent Canadian authority.
 

iii) Community Access

  The key to maintaining the community channel's own particular identity is granting to groups and individuals access to the cable television operator's programming facilities.
  Interested individuals or groups within the community shall, to the extent possible, be given the opportunity to access the community channel or use of the facilities. This does not, however, ensure an automatic right to time on the channel or use of the facilities. A cable television licensee shall, at all times, exercise discretion in selecting from among requests for access in order to provide balanced programming and to fulfill regulatory and legal requirements.
  The terms and conditions under which individuals or groups access the community channel shall be as flexible as possible, suit the needs of the community in general, and of cable television subscribers in particular.
  In an effort to build public awareness of the community channel, cable television licenses shall promote and publicize, on a regular basis, the availability, purpose and objectives of community channels.
 

Terms and Conditions for Access

  In setting the following terms and conditions guiding access, the cable television industry wants to ensure that a wide spectrum of community interests and concerns is accommodated on the community channel.
  Cable television operators shall actively promote citizen access to the community channel. Access shall not depend on the availability of a sponsor or on any other form of outside financial support.
  Cable television operators will give consideration to those community groups and individuals who are most in need of expression through community programming. However, the degree of access will be monitored to ensure no monopolization or excess channel time is enjoyed by any particular participating group or individual.
  In granting access to community channel facilities, cable television operators shall be guided by the following criteria in combination one with the other. None of the criteria taken separately, constitute sufficient grounds for granting access.
  a) There must be compliance with the Broadcasting Act, CRTC regulations and other relevant Canadian laws. Cable television operators need not grant access to program proposals that would jeopardize the terms of their licence;
  b) Proposed programs should be relevant to the community(ies) served by the cable television operator. The cable operator shall make efforts to ensure that programming reflects the socio-cultural composition of the service area;
  c) The particular topic proposed should be such that television is an effective medium for presentation. The cable television operator shall decide on the most effective use of the community channel resources to communicate the particular topic or message;
  d) Proposed programs should deal with new information or viewpoints that have not been previously aired or dealt with extensively by other media.
  e) Proposals should be such that the programs can be produced and aired in time-frames that are reasonable in the circumstances;
  f) Program proposals must be within the capabilities of the human, technical and financial resources available to the cable television operator:
 

iv) Balance In Programming

  When a matter of public concern becomes the topic of a community channel program, cable television operators shall provide a reasonable opportunity for the public to be exposed to the expression of differing views on that matter. Balanced treatment need not be given to all issues, only to those of "public concern".
  It is the cable television operator's responsibility to decide whether an issue is a matter of public concern and to determine the manner in which balance is to be achieved.
  On issues of public concern, a licensee shall seek out, and encourage the presentation of, as many differing viewpoints as are available. To attain balance, equal time need not be necessarily given for each point of view. Rather it is expected that a variety of points of view will be presented in the programming offered by a cable television operator to a reasonably consistent viewer over a reasonable period of time.
  No one individual or group's views shall be allowed to dominate programming.
 

v) Abusive Comments

  A cable television operator shall not knowingly allow the presentation of abusive comments toward identifiable groups and/or individuals.
  Should it be established that the presentation of abusive comments has occurred, the cable television operator shall:
  a) delete, if possible, the comments from the program; or
  b) withhold distribution of that program on the community channel;
  c) if discovered only after broadcast, take immediate action to both apologize to the affected person(s) and ensure that no unedited repeat broadcast will occur.
  In the case of open line programs a cable television operator shall ensure that hosts and producers are prepared to take immediate, appropriate action should abusive comments be made by callers. Such measures may include a technical device to terminate the call. This device may be used in combination with either a rebuttal of the caller's remarks and/or warning to future callers that similar comments are not acceptable.
 

vi) Stereotyping

  Community programming shall not present demeaning or derogatory comments about, or representation of, individuals or groups based upon such things as ethnic or racial origin, age, gender, disabilities, sexual orientation, financial circumstances or religious beliefs.
  (Note: The Canadian Cable Television Association (CCTA) and the members of the Cable Television Standards Foundation have agreed to observe the Canadian Association of Broadcasters' Sex Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the CRTC, and the Canadian Association of Broadcasters' Voluntary Code Regarding Violence in Television Programming, as amended from time to time and approved by the CRTC.)
 

vii) Training of Volunteers

  A cable television operator shall provide adequate training for volunteers so that they may participate in community programming in a responsible manner, thereby enhancing the quality of the programming.
  As far as its individual circumstances permit, the cable television operator shall also promote the availability of such training programs.
 

viii) Sponsorship and Conventional Local Advertising for the Benefit of Community Programming

 

Definitions:

  Sponsorship Advertising
  Sponsorship advertising is defined as an oral or written acknowledgment contained within a community program that has received direct financial assistance.
  Contra Advertising
  Contra advertising is defined as an oral or written acknowledgment contained within a community program that has received goods or services free of charge for use in connection with the production of that program.
  Conventional Local Advertising
  Class 2 cable television operators with fewer than 2,000 subscribers that provide service to unserved communities and Part III cable television operators also providing service to unserved communities may air up to 12 minutes of local advertising material per hour.4
  "Unserved community" is defined as a community having no local AM or FM radio stations or local television stations that originate programming overlapping all or any part of a cable television operator's authorized service area. For the purpose of this definition, local television and radio stations exclude rebroadcasting stations.
  A Part III cable television operator is defined as a cable television operator regulated by the CRTC pursuant to Part III of the CRTC Cable Television Regulations, 1986.
  a) Allocation of Funds
  A cable television operator may dedicate resources to raising money through sponsorship and conventional local advertising as permitted by the CRTC Cable Television Regulations. This additional income shall be reinvested in community programming to improve its quality and increase its quantity.
  b) Displaying Acknowledgement Messages
  A cable television operator may display sponsorship/contra acknowledgment messages provided that such messages conform with CRTC regulations and polices, as amended from time to time.
  Sponsorship Advertising
  When a person provides direct financial assistance for the production of community programming, the cable television operator may distribute on the community channel an oral or written acknowledgment contained in community programming that mentions no more than the name of the person, goods, services or activities being sold or promoted by that person, and their address and telephone number.
  Contra Advertising
  When a person provides goods or serVices free of charge to the licensee for use in connection with the production of community programming the cable television operator may distribute on the community channel an oral or a written acknowledgment contained in community programming that mentions no more than the name of the person, goods and services provided by that person, and their address and telephone number.5
  (Note: The Canadian Cable Television Association (CCTA) is signatory to the Canadian Advertising Foundation's Code on Advertising.)
 

IV ADJUDICATION PROCESS

  The Cable Television Standards Council is authorized, to receive and adjudicate complaints from the public, as well as other interested parties, on the standards it administers. The Council may also act as a conciliator in disputes arising between the cable television operators who are members of the Cable Television Standards Foundation and other parties.
  The Complaints Process Means:
  (i) Member cable television operators will inform the public of the existence of the Council and the Cable Television Community Channel Standards, provide copies of the standards on request and advise the public to complain directly to the cable television company.
  (ii) Member cable television operators will attempt to resolve a complaint to the satisfaction of the complainant.
  (iii) If a member cable television operator cannot resolve a complaint to the satisfaction of the complainant, the cable television operator will indicate to the complainant how to put a complaint in writing to the Council.
  (iv) Complaints directly received by the Council's Secretariat will be forwarded to the appropriate member cable television operator.
  (v) The Council will acknowledge receipt of the complaint to the complainant and indicate when the complaint will be dealt with. The Council will also inform the member cable television operator that a complaint has been received, and request the member's response to the complaint.
  (vi) The Council's decision is not subject to approval or review by the cable television industry or any of its organizations.
  (vii) The Council's decision, with reasons, will be issued in writing, and will be available to the public on request. Copies will be sent to those involved in the matter to which the decision pertains. Any cable television company involved will be required to publicize the decision of the Council and make copies available upon request.
 

1 Public Notice CRTC 1986-182 - Cable Television Regulations, 1986, as amended [return]
2 Public Notice CRTC 1991-59 - Community Channel Policy, June 5, 1991 [return]
3 Bill C-40, in force as of June 4, 1991 [return]
4 Please note that this Standard is subject to an appropriate amendment of the CRTC Cable Television Regulations, 1986. [return]
5 Please note that the underlined portion of this Standard is subject to an appropriate amendment of the CRTC Cable Television Regulations, 1986. [return]

  Date Modified: 1992-06-01
Date modified: