ARCHIVED -  Decision CRTC 98-108

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Decision

Ottawa, 7 April 1998

Decision CRTC 98-108

TVA Group Inc. (formerly Télé-Métropole inc.)

Québec, Quebec - 199713623

Licence renewal for CFCM-TV Québec

1. Following a Public Hearing in Québec beginning on 27 January 1998, the Commission renews the broadcasting licence for the television programming undertaking CFCM-TV Québec from 1 September 1998 to 31 August 2003, subject to the conditions in effect under the existing licence except that relating to local programming, and subject to the other conditions specified in this decision and in the licence to be issued.

2. The Commission approves the licensee's application to be relieved of the condition of licence requiring that CFCM-TV's local production be maintained at a minimum of 21 hours per week, as stipulated in Decision CRTC 95-685.

3. Although the licence term granted herein is less than the maximum of seven years permitted by the Broadcasting Act, this does not reflect concern on the part of the Commission regarding the licensee's performance. Rather, it reflects due regard to the rapid pace of change in the television industry in the Province of Quebec, and the potential implications for CFCM-TV and other TVA affiliates of the next renewal of the TVA network licence, which expires 31 August 1999.

4. At the public hearing, the licensee's representatives agreed with the Commission that some issues raised at the hearing have such substantial implications that they should be addressed as a group, in the context of TVA's network licence renewal. These issues include the following:

· the scope of collaboration with the TVA network on local programming produced at Québec or elsewhere in the province for network broadcast;

· the flexibility of network agreements to permit affiliates to break away for the broadcast of local programming;

· the availability of prime time segments to broadcast local programming in the regions other than news;

· the implications of regional independent production for TVA's network production activities;

· the target date for the preparation of specifications, for use by independent producers, outlining the type of programming TVA is interested in;

· the scope of contributions and commitments to, and a report on the development of different methods of, closed captioning for persons who are deaf or hard of hearing.

5. As discussed at the public hearing, the Commission requests the licensee to submit its views on the above issues in its application for the next renewal of the TVA network licence. This will allow the Commission to re-examine, within a reasonable period of time, the implications of these issues for the operation of CFCM-TV at the time it considers the next renewal of the station's licence.

6. In Decision CRTC 95-62, which last renewed CFCM-TV's licence, the Commission expressed grave concern regarding the repeated failure of the licensee to comply with the existing condition of licence requiring of CFCM-TV a minimum level of local production. The Commission denied the licensee's request to decrease local production at CFCM-TV and renewed the condition of licence requiring it to broadcast a minimum of 21 hours a week of local production. The CFCM-TV licence was renewed for a term of only two years.

7. The Commission has evaluated the station's compliance with the condition of licence relating to local production. Analysis of the CFCM-TV logs for August and October 1997 revealed that the station had fully complied with the terms of the condition of licence. The Commission also notes that during the current licence term the licensee developed new approaches for local programs produced at Québec, thereby raising the profile of CFCM-TV, as it had committed to do when it purchased the station in 1990.

8. In approving the request for deletion of the condition of licence relating to local production, the Commission took into consideration the licensee's efforts in this regard and its firm commitment to continue broadcasting an average of 21 hours per week of local production on CFCM-TV. This includes 5 hours of news programming and 4 hours of other programming. The Commission expects the licensee to adhere to its Promise of Performance commitment to broadcast, on an annual basis, a minimum weekly average of 9 hours of original local programming during the new licence term. The Commission encourages the licensee to diversify as much as possible the types of local programming broadcast by CFCM-TV.

9. The licensee also committed to maintain CFCM-TV's substantial contribution to TVA network programming. It indicated that, as a leader in the market, it has a responsibility to reflect in its programming the cultural, economic, social and political importance of the provincial capital area, and that as such, it views CFCM-TV as a key production facility for the TVA network. The licensee indicated in this regard that it gives emphasis to live programming in order to better reflect the day-to-day reality of Québec, including in the program Salut bonjour, which contains a 30-minute segment produced and broadcast at Québec, and in the program J.E. en direct, as well as in several program specials over the course of the year.

10. The Commission will continue to monitor closely the performance of CFCM-TV with respect to local production. It expects the licensee to honour its commitments in this regard during the new licence term.

11. With regard to the development of resources and talent in the greater Québec area, the licensee reported on the discussions it has had in recent years with creators and the independent production industry in various meetings and events at Québec. It also noted TVA's plan to provide independent producers at an early date with specifications describing the kinds of productions that the network considers desirable and likely to be accepted for broadcast. The Commission notes the openness demonstrated by the President and Chief Executive Officer of TVA when replying to interventions on this issue, as well as his invitation at the hearing to interveners to pursue discussions with TVA on this matter.

12. As indicated at the beginning of this decision, the Commission intends to examine the role of regional independent production within the production activities of the TVA network at the next renewal of the network licence. It expects the licensee to play a leadership role in this matter and strongly encourages it to ensure that the positive remarks made at the hearing are transformed into reality. The Commission also expects the licensee to submit an annual report, beginning in December 1998, describing the progress it achieves in discussions with the independent production industry at Québec.

13. It is a condition of licence that the licensee adhere to the guidelines on sex-role portrayal set out in the Canadian Association of Broadcasters (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. This condition of licence shall be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

14. It is a condition of licence that the licensee adhere to the CAB's Code on Broadcast Advertising to Children, as amended from time to time and approved by the Commission.

15. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may, by condition of licence, broadcast infomercials as defined in Public Notice CRTC 1994-139 and in accordance with the criteria contained in that public notice, as amended.

16. The licensee is required by condition of licence to adhere to the CAB's Voluntary Code Regarding Violence in Television Programming, as amended from time and approved by the Commission. This condition of licence shall be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.

17. The Commission considers that, during the current licence term, the licensee has exceeded its commitments with respect to the closed captioning of programs. For the new licence term, it committed to maintain its current level of closed captioning. The Commission expects the licensee to continue to caption local news headlines and encourages it to increase captioning of local programming each year. As indicated at the beginning of this decision, the Commission intends to re-examine the issue of closed captioning at the next licence renewal for the TVA network.

18. The Commission notes that this licensee is subject to the Employment Equity Act that came into effect on 24 October 1996 (1996 EEA), and therefore files reports concerning employment equity with Human Resources Development Canada. As a result of a consequential amendment to the Broadcasting Act, the Commission no longer has the authority to apply its employment equity policy to any undertaking that is subject to the 1996 EEA.

19. The Commission acknowledges the active participation at this public hearing by several interveners from Québec and the surrounding area who are involved in socio-economic issues. The Commission notes their concerns relating to television production at Québec and the progress made with respect to regional coordination following the audiovisual industry forum held at Québec in March 1997.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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