ARCHIVED -  Decision CRTC 95-654

Decision

Ottawa, 30 August 1995

Decision CRTC 95-654

Canadian Broadcasting Corporation

St. John's, Port Rexton, Placentia, Marystown, St. Alban's, Fermeuse, St. Mary's, Elliston, Little Hearts Ease, Wesleyville, Clarenville, North West Brook, St. Jones Within, Glovertown, Gambo/Middle Brook, Wellington, Trinity/Wareham, Musgravetown, Hickman's Harbour, Random Island, Lumsden, Harbour Breton, Belleoram, Hermitage, Ramea, St. Vincent's, Bay L'Argent, St. Lawrence, Harbour Mille, St. Bernard's, Swift Current, Port Blandford, Fortune, Lord's Cove, Lamaline, Lawn, Petty Harbour, Ferryland, Trepassey, Riverhead, Sunnyside, Grand Falls, Baie Verte, Buchans, St. Anthony, Millertown, Fogo Island, Carmanville, Conche, Mount St. Margaret, Fox Harbour, Musgrave Harbour, Port Hope Simpson, Springdale, Ming's Bight, Seal Cove, Coachman's Cove, Pacquet, Brent's Cove, Harbour Round, Fleur de Lys, La Scie, Roddickton, Hampden, Baie Verte, Labrador City and Goose Bay, Newfoundland and Fermont, Quebec - 941313900

Licence renewal for CBNT and its transmitters

Following a Public Hearing in Halifax beginning on 4 April 1995, the Commission renews the broadcasting licence for the television programming undertaking CBNT St. John's, CBNT-1 Port Rexton, CBNT-2 Placentia, CBNT-3 Marystown, CBNT-4 St. Alban's, CBNT-5 Fermeuse, CBNT-6 St. Mary's, CBNT-7 Elliston, CBNT-8 Little Hearts Ease, CBNT-9 Wesleyville, CBNT-10 Clarenville, CBNT-11 North West Brook, CBNT-12 St. Jones Within, CBNT-13 Glovertown, CBNT-14 Gambo/Middle Brook, CBNT-15 Wellington, CBNT-16 Trinity/Wareham, CBNT-17 Musgravetown, CBNT-18 Hickman's Harbour, CBNT-19 Random Island, CBNT-20 Lumsden, CBNT-22 Harbour Breton, CBNT-23 Belleoram, CBNT-24 Hermitage, CBNT-25 Ramea, CBNT-26 St. Vincent's, CBNT-27 Bay L'Argent, CBNT-28 St. Lawrence, CBNT-29 Harbour Mille, CBNT-30 St. Bernard's, CBNT-31 Swift Current, CBNT-32 Port Blandford, CBNT-33 Fortune, CBNT-34 Lord's Cove, CBNT-35 Lamaline, CBNT-36 Lawn, CBNT-37 Petty Harbour, CBNT-38 Ferryland, CBNT-39 Trepassey, CBNT-40 Riverhead, CBNT-41 Sunnyside, CBNAT Grand Falls, CBNAT-1 Baie Verte, CBNAT-2 Buchans, CBNAT-4 St. Anthony, CBNAT-5 Millertown, CBNAT-6 Fogo Island, CBNAT-7 Carmanville, CBNAT-8 Conche, CBNAT-9 Mount St. Margaret, CBNAT-10 Fox Harbour, CBNAT-11 Musgrave Harbour, CBNAT-12 Port Hope Simpson, CBNAT-13 Springdale, CBNAT-14 Ming's Bight, CBNAT-15 Seal Cove, CBNAT-16 Coachman's Cove, CBNAT-17 Pacquet, CBNAT-18 Brent's Cove, CBNAT-19 Harbour Round, CBNAT-20 Fleur de Lys, CBNAT-21 La Scie, CBNAT-22 Roddickton, CBNAT-23 Hampden, CBNAT-24 Baie Verte, CBNLT Labrador City, CFLA-TV Goose Bay and CBMRT Fermont, 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 the appendix to this decision and in the licence to be issued.

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.

CBNT St. John's is owned and operated by the CBC and broadcasts the programming of the CBC English-language television network as well as locally-produced programs.

Local news production

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 news programming during the new licence term.

With the termination of local news programming originating from CBYT Corner Brook in 1991, the Commission notes that CBNT provides coverage of the Corner Brook area and the Newfoundland west coast using reporters and staff located in
Corner Brook.

Local reflection

The Commission notes that the licensee re-introduced during the current licence term its highly successful "Land & Sea" program which focuses on people, personalities and individual stories of Newfoundland and Newfoundlanders. The licensee plans to continue this program during the new licence term.

The Commission encourages the licensee to continue to produce local programs providing a reflection of the area served by CBNT to be aired in the regional time periods which are made available.

Commercial activities

Consistent with Decision CRTC 88-131 which renewed the licence for CBNT, the Commission reiterates, as set out in the appendix to this decision, the condition of licence on CBC's commercial activities allowing for the solicitation and broadcasting of local commercials on television in Newfoundland, where local programming is produced and subject to certain conditions. This condition of licence is designed to ensure that the CBC's commercial rates are fair and competitive, that policies concerning rates, discounts and conditions of sale are strictly observed and that its overall commercial practices in Newfoundland are consistent with CBC practices across the country.

The Commission notes that the Newfoundland Broadcasting Company (NTV) submitted an intervention in which it expressed concerns about the CBC's sales practices and policies in Newfoundland. After careful review of the issues raised, the Commission is satisfied with the licensee's reply to the intervention.

Violence in television programming

In Decision CRTC 94-437 which last renewed the CBC English-language and French-language television network licences, the Commission 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 1989, when it renewed the licences for most of the CBC owned and operated television stations, 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 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.

In the course of consultation held 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 its expectations related to closed captioning.

The Commission has therefore decided to impose the commitments made by the CBC as a condition of licence. Accordingly, 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.

The Commission acknowledges the intervention from the Newfoundland & Labrador Association of the Deaf expressing concerns about the lack of closed captioning on local evening news.

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.

Allan J. Darling
Secretary General

APPENDIX / ANNEXE

Conditions of licence for CBNT St. John's and its transmitters

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.

5. The CBC may continue to solicit and broadcast local commercials on television in Newfoundland on the condition that:

 a) CBC rates charged for commercials will be fair and competitive with the private sector, and will be based on current industry criteria such as cost-per-thousand and/or cost-per-rating point;

 b) the CBC will not expand its sales force for the purpose of increasing its proportional share of the television advertising market in Newfoundland;

 c) rates, discounts and conditions of sale as formally authorized and published will be strictly observed;

 d) the CBC will ensure that its commercial practices in Newfoundland are consistent with those in other parts of the country;

 e) the CBC will not vary its discount prices in Newfoundland from the framework consistently applied to all its stations;

 f) the Run-of-Schedule discount plan which applies uniformly to all CBC local sales operations, may be subject to minor adjustments from time to time in Newfoundland but will not substantially change character or impact.