ARCHIVED -  Decision CRTC 98-33

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Decision

Ottawa, 11 February 1998

Decision CRTC 98-33

Global Communications Limited

Paris, Toronto, Ottawa, Stevenson, Oil Springs, Midland, Owen Sound, Bancroft, Peterborough, North Bay, Sudbury, Timmins, Sault Ste. Marie and Fort Erie, Ontario - 199705430

Licence amendment - Denied

1. In Public Notice CRTC 1997-125 dated 6 October 1997, the Commission announced the receipt of an application by Global Communications Limited (Global), licensee of the (television) programming undertaking CIII-TV Paris and its transmitters in Toronto, Ottawa, Stevenson, Oil Springs, Midland, Owen Sound, Bancroft, Peterborough, North Bay, Sudbury, Timmins, Sault Ste. Marie and Fort Erie, Ontario. The application proposed an amendment to CIII-TV's condition of licence number 6, which currently requires the broadcast of a minimum weekly average of 4 hours of Canadian drama, between the hours of 8 p.m. and 11 p.m. Monday to Friday, and 7 p.m. to 11 p.m. on Saturday and Sunday. That condition of licence ensures that Canadian dramatic programming is broadcast at times when the largest possible audience is available.

2. The application proposed to expand the period during which the minimum weekly Canadian drama must be broadcast to 7 p.m. to 11 p.m., 7 days a week, to incorporate time periods when large audiences are available for programs that are specifically directed to families.

3. In support of its current application, Global stated that the scheduling of Canadian drama for family audiences before 8 p.m. on weeknights would avoid direct competition with most U.S. network evening programs, providing greater opportunity for Canadian productions to develop audiences. Interventions in support of the application were submitted by Atlantis Communications Inc., CINAR Films Inc., Insight Production Company Ltd., Nelvana Limited, and the Alliance for Children and Television.

4. Two interventions in opposition to this amendment were submitted, one by the Canadian Film and Television Production Association (CFTPA) and one by Baton Broadcasting Incorporated (Baton), one of Canada's largest operators of private television stations, and the controlling shareholder of CTV Television Network Ltd. The CFTPA expressed the concern that, while Global's stated reason for the proposed flexibility was to maximize audiences for family programming, the ability of Canadian private broadcasters to simulcast American network programs is also "a significant factor" that should be considered.

5. Baton's intervention noted that the proposed amendment was denied by the Commission at the time of CIII-TV's most recent licence renewal in 1996, and both Baton and the CFTPA argued that Global's application should be deferred until after the Commission completes its 1998 review of television policies, including those related to Canadian content and its scheduling.

6. In response to the interventions, Global noted that deferring this proposal would result in a delay for the potential benefits to begin accruing to producers of family programming. The applicant further argued that, in the period since the last licence renewal of CIII-TV, the market realities of the Ontario television industry have changed.

7. The Commission has considered carefully the views of the applicant and of all of the interveners. The Commission considers that maximizing the broadcast of Canadian programming in peak viewing hours remains an important objective. The Commission is of the opinion that approval of the application would constitute a significant change to what the Commission has generally considered to be the peak evening viewing hour period for drama programs on both Global and the CTV network.

8. In light of the upcoming review of all matters pertaining to television programming, including Canadian content and its scheduling, the Commission does not consider that such a proposal, considered in isolation, should be approved. The application is therefore denied.

This decision is to be appended to the licence.

Laura M. Talbot-Allan
Secretary General

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