ARCHIVED -  Decision CRTC 95-514

Decision

Ottawa, 8 August 1995

Decision CRTC 95-514

Canadian Broadcasting Corporation

Vancouver, Alert Bay, Bonnington Falls, Bowen Island, Brackendale, Campbell River, Canal Flats, Castlegar, Chilliwack, Christina Lake, Coal Harbour, Courtenay, Cranbrook, Crawford Bay, Crescent Valley, Creston, Donald Station, Erie, Fernie, Fruitvale/Montrose, Golden, Grand Forks, Greenwood, Harrison Hot Springs, Holberg, Hope, Invermere, Medeira Park, Midway, Mount McDonald, Moyie, New Denver, Nelson, Phoenix, Port Alberni, Port Alice, Port Hardy, Port McNeill, Radium Hot Springs, Rock Creek, Ruby Creek, Salmo, Sechelt, Slocan, Sooke, Sparwood, Spillimacheen, Squamish, Tahsis, Tête Jaune, Trail, Whistler, Winlaw and Woss Camp, British Columbia - 940741200

Renewal of licence for CBUT and its transmitters

Following a Public Hearing in Vancouver beginning on 1 November 1994, the Commission renews the broadcast licence for the television programming undertaking consisting of CBUT Vancouver and its transmitters (as listed in Appendix A), from 1 September 1995 to 31 August 2000, subject to the conditions in effect under the current licence, as well as to those conditions specified in this decision and in Appendix B.

This term will enable the Commission to consider the renewal of this licence following its consideration of the renewal of the CBC English- and French-language television network licences, which will expire 31 August 1999.

Local reflection

In the renewal application and at the hearing, the licensee referred to a variety of regularly-scheduled local and regional programs on CBUT. Notably, during the current licence term, CBUT has produced and aired such weekly series as: "The Score", a provincial sports journalism program; "On Your Mark", a series of programs devoted to preparations for the Commonwealth Games; "Zero Avenue", focussing on Vancouver cultural affairs; "Provincial Affairs"; a free-time political program broadcast whenever the British Columbia Provincial Assembly is in session; and "In the Company of Women", a program offering differing points of view of various women in the community. Locally-oriented specials have included six episodes of a variety show called "Harbourfront Live"; and "Wonderland: B.C. Through a Looking-Glass", a month-long anthology of independent documentaries examining the land and cultures of B.C.

The Commission also notes the contributions made by CBUT to the CBC network schedule, including the series "Urban Peasant", "Odyssey" and "50 Up"; the movies "Diary of Evelyn Lau" and "Liar Liar"; and the documentaries "The Broadcast Tapes of Dr. Peter" and the Sue Rodriguez story entitled "Who Owns My Life?".

The Commission expects the licensee to adhere to its Promise of Performance commitment to broadcast a minimum average of 8 hours and 30 minutes per week of original local/regional news programming during the new licence term.

Development expenditures

The Commission notes that funding for regional script and concept development is controlled at the network level, and that the allocation of funds to regions rests with the appointed representatives. Guidelines for allocation of development funds are also established by the network.

Consistent with the expectations set out in Decision CRTC 94-437 which renewed the CBC English-language and French-language television network licences, with respect to regional production and reflection, the Commission expects the Corporation to ensure that CBUT is awarded an equitable share from its fund for program development in the under-represented categories.

Service to Victoria and surrounding areas

In Decision CRTC 94-437 dated 27 July 1994, which renewed the CBC television network licences, the Commission directed the Corporation to file a report regarding its plans related to the provision of local television service to Victoria. The Commission noted in that decision that Victoria, the capital of Canada's third-largest province, is the only provincial capital without local CBC radio or television facilities. In response, the CBC filed a report indicating that it sees only one possible means of correcting this unfortunate anomaly, and that this would be to build a full-scale television production operation at a cost of over eight million dollars.

An intervention to this application was submitted by the Government of British Columbia, expressing concern that there are alternate, less costly avenues for the CBC to pursue, in planning service to Victoria. The Commission agrees with the intervener, and regrets that no plans for more modest facilities were explored in the CBC report, such as the use of mobile production and transmission equipment for Vancouver Island, or the introduction of programming to the CBUT schedule targeted specifically to audiences in Victoria and surrounding areas.

At the hearing, the licensee indicated that it had established a street-level CBC office in Victoria accessible to the public, and staffed by a news reporter responsible for gathering news of events in the provincial capital. In subsequent correspondence with the Commission, however, the licensee clarified that the office in question is on the sixth floor of an office building in downtown Victoria, and acknowledged that a reporter uses that location as a base of operations, but is rarely in the office.

The Commission is concerned that the CBC is not taking full and effective measures to ensure that the citizens of Victoria have a convenient means of contacting the Corporation in order to make suggestions on stories relevant to Victoria, or to react to programming carried on CBUT. In this regard, the Commission considers that it is necessary for the CBC to maintain and staff a Victoria office, one that provides convenient access to the public, for the purpose of ensuring effective communication between Victoria and the CBUT management and production staff.

Furthermore, the Commission expects the CBC to recognize the importance of Victoria in its news and current affairs programming broadcast by CBUT, by ensuring that stories relevant to residents of Victoria and the Islands are a featured presence. In order to do this, the Commission considers that the CBC, as a minimum, must maintain its television presence in Victoria and should increase the production resources allocated to Victoria.

Violence in programming

In Decision CRTC 94-437, the Commission also set out its expectation that the CBC fulfil its commitment to submit a proposed code respecting violence to the Commission, within three months of that decision. The Corporation has now met this expectation and its revised self-regulatory guidelines on violence have been submitted to the Commission for review and approval.

The licensee shall adhere, by condition of licence, once Commission approval has been obtained, to its revised self-regulatory guidelines on violence in television programming, as amended from time to time and approved by the Commission.

Until such time as the Commission has approved the revised guidelines, it is a condition of licence that the licensee adhere to its current self-regulatory guidelines on violence in television programming and, as a minimum, to the Canadian Association of Broadcasters' (CAB) "Voluntary Code Regarding Violence in Television Programming", as amended from time to time and approved by the Commission.

In the case of most private broadcasters, the application of codes respecting violence is overseen by the Canadian Broadcast Standards Council (CBSC). Since the CBC is not a member of the CBSC, the Commission will oversee the application of any code respecting violence governing the CBC.

Service to the deaf and hard of hearing

In Decision CRTC 89-104 which last renewed the licence for CBUT, the Commission expected the CBC to acquire, as soon as possible, the equipment necessary to caption at a minimum, headlines and appropriate scripted portions of the early-evening newscasts during the licence term. In July 1994, the CBC confirmed that this expectation, which applied to all CBC owned and operated stations, had not been met and that implementation would only begin in the fall of 1994. Captioning was expected to be introduced first at CBFT Montréal, the only station with a fully computerized newsroom, which the CBC said was necessary for the implementation of closed captioning.

An intervention to the current application was submitted by the British Columbia Public Interest Advocacy Center (BCPIAC), on behalf of several associations representing the interests of the deaf and hard of hearing. The intervention expressed concern with the delay in the implementation of full closed captioning of CBUT's programming.

In response to the concerns expressed by the BCPIAC, the Corporation stated that, while it was committed to the provision of closed captioning, 100% captioning is not possible. It argued some programs, such as those directed to pre-school age children, are not suitable for captioning. The CBC also stated that an increase in the number of hours of captioning currently provided is contingent upon the availability of sufficient resources.

Finally, following questioning at the hearing, the CBC made it clear that the method of captioning it proposed would not permit the captioning of live portions of its local/regional newscasts. Groups representing the deaf and hard of hearing communities have emphasized that real-time captioning, or another method capable of captioning live programming, is the preferred method.

Subsequent to the hearing, in the course of consultation pursuant to section 23 of the Broadcasting Act, the CBC committed to caption all local and regional news programming, including the unscripted portions, using real-time captioning, while requesting that the Commission not impose those commitments as a condition of licence. While not unmindful of the budgetary restraints placed upon the Corporation, the Commission is, however, concerned that such a lengthy period of time has passed without implementation of the expectations related to closed captioning set out in Decision CRTC 89-104.

The Commission has therefore decided to impose the commitments made by the CBC as a condition of licence. Accordingly, by majority vote, it is a condition of licence that the licensee caption all local/regional news programming, including live segments, using either real-time captioning or another method capable of captioning live programming, by the end of the licence term.

Employment equity

In Public Notice CRTC 1992-59 dated 1 September 1992 and entitled "Implementation of an Employment Equity Policy", the Commission announced that the employment equity practices of broadcasters would be subject to examination by the Commission. In the case of the CBC, the Commission has reviewed these matters in detail at the public hearing held in connection with the renewal of the CBC's television network licences, and it is satisfied with the CBC's commitments in this area.

The Commission acknowledges the concerns expressed in an intervention regarding the lack of stereo television broadcasting by CBUT, and is satisfied with the Corporation's response to this concern.

The Commission also acknowledges and has considered the many interventions submitted in support of this application.

Allan J. Darling
Secretary General

APPENDIX A / ANNEXE A

CBUT-16 Alert Bay
CBUDT Bonnington Falls
CBUT-4 Bowen Island
CBUT-34 Brackendale
CBUT-8 Campbell River
CBUBT-1 Canal Flats
CBUAT-2 Castlegar
CBUT-2 Chilliwack
CBUT-25 Chilliwack
CBUAT-7 Christina Lake
CBUT-20 Coal Harbour
CBUT-1 Courtenay
CBUBT-7 Cranbrook
CBUCT-1 Crawford Bay
CBUCT-4 Crescent Valley
CBUCT-2 Creston
CBUBT-4 Donald Station
CBUAT-4 Erie
CBUBT-8 Fernie
CBUBT-9 Fernie
CBUAT-3 Fruitvale/Montrose
CBUBT-2 Golden
CBUT-37 Grand Forks
CBUT-31 Greenwood
CBUT-23 Harrison Hot Springs
CBUT-21 Holberg
CBUT-6 Hope
CBUBT-3 Invermere
CBUT-36 Madeira Park
CBUT-32 Midway
CBUT-27 Mount McDonald
CBUBT-1 Moyie
CBUCT-6 New Denver
CBUCT Nelson
CBUT-30 Phoenix
CBUT-3 Port Alberni
CBUT-17 Port Alice
CBUT-19 Port Hardy
CBUT-18 Port McNeill
CBUBT-5 Radium Hot Springs
CBUT-33 Rock Creek
CBUT-26 Ruby Creek
CBUAT-5 Salmo
CBUT-35 Sechelt
CBUCT-5 Slocan
CBUT-28 Sooke
CBUBT-10 Sparwood
CBUBT-6 Spillimacheen
CBUT-5 Squamish
CBUT-14 Tahsis
CBUHT-4 Tête Jaune
CBUAT Trail
CBUAT-6 Trail
CBUWT Whistler
CBUCT-3 Winlaw
CBUT-13 Woss Camp

APPENDIX B / ANNEXE B

Conditions of licence for CBUT Vancouver and its transmitters as listed in Appendix A

1. The licensee shall adhere, once Commission approval has been obtained, to its revised self-regulatory guidelines on violence in television programming, as amended from time to time and approved by the Commission.

Until such time as the Commission has approved the revised guidelines, the licensee shall adhere to its current self-regulatory guidelines on violence in television programming and, as a minimum, to the Canadian Association of Broadcasters' (CAB) "Voluntary Code Regarding Violence in Television Programming", as amended from time to time and approved by the Commission.

2. The licensee shall caption all local/regional news programming, including live segments, using either real-time captioning or another method capable of captioning live programming by the end of the licence term.

3. The licensee shall adhere to its "Revised CBC Guidelines on Sex-Role Portrayal" dated 12 August 1991 as amended from time to time and approved by the Commission and, as a minimum, to the CAB's "Sex-Role Portrayal Code for Television and Radio Programming", as amended from time to time and approved by the Commission.

4. The licensee shall adhere to the standards for children's advertising set out in the Corporation's Advertising Standards Policy C-5, dated 9 May 1990 and entitled "Advertising Directed to Children Under 12 Years of Age", as amended from time to time and approved by the Commission, provided that the policy meets as a minimum, the standards set out in the CAB's "Broadcast Code for Advertising to Children", as amended from time to time and approved by the Commission.

In addition, the licensee shall not broadcast any commercial message during any child-directed programming nor any child-directed commercial message between programs directed to children of pre-school age. For the purpose of this condition, programs directed to children and scheduled before 12:00 noon during school-day morning hours will be deemed to be programs directed to children of pre-school age.