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Public Notice
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Ottawa, 30 July 1998 |
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Public Notice CRTC 1998-80 |
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Proposed Regulations Amending the Radio Regulations, 1986
-Commercial Radio Programming
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1. The Commission proposes to make amendments
to sections 2 and 8, as well as to the schedule, of the Radio Regulations,
1986, SOR/86-982, as amended (the existing regulations). A copy of the
proposed Regulations Amending the Radio Regulations, 1986 (the
proposed amendments) is appended to this public notice. |
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2. The proposed amendments result from the
process initiated by the Commission in Public Notice
CRTC 1997-104 to review its
commercial radio policy. Following a two-stage written comment process, a
round for submission of research, an oral hearing that took place in December
1997 and a round for final argument, the Commission issued Public Notice
CRTC 1998-41, dated 30 April
1998 and entitled Commercial Radio Policy 1998, setting out its
revised policy for conventional commercial radio stations. |
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3. The proposed amendments are intended to
implement the Commission's policies as set out in Public Notice
CRTC 1998-41 relative to the
requirements for Canadian and French-language musical selections to be
broadcast on commercial radio stations and the logging requirements for
non-Canadian programming. They are proposed to come into effect on 3 January
1999. |
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4. In Public Notice
CRTC 1998-81 issued today, the
Commission is also proposing amendments to section 11 of the existing
regulations with respect to transactions requiring the Commission's approval
where the licensee of a radio station acquires a level of equity in another
radio station operating in the same language and in the same market. These
proposed amendments are intended to come into effect on the date of their
registration. |
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5. In addition to the proposed regulatory
requirements expressly set out in Public Notice
CRTC 1998-41, the proposed
amendments include a number of provisions that the Commission considers
necessary to properly implement its new regulatory framework. These
additional proposals are highlighted below. |
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DEFINITION OF COMMERCIAL STATION |
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6. The proposed definition of commercial
station is intended to exclude all AM and FM stations that do not fall within
the purview of the Commission's commercial radio policy set out in Public
Notice CRTC 1998-41. As
announced in Public Notice CRTC
1997-105 entitled An Agenda for Review of the Commission's Policies
for Radio, the Commission will be reviewing its approach to the various
other types of radio programming undertakings within the next two years. |
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MEDLEYS AND MONTAGES |
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7. In Public Notice
CRTC 1998-41, the Commission
determined that the definition of a musical selection as "music of one minute
in length or more, broadcast uninterrupted" should be maintained.
Accordingly, this definition has been incorporated into the proposed
regulations. |
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8. As contemplated in Public Notice
CRTC 1998-41, the proposed
amendments provide that Canadian musical selections from content Category 2,
as well as French- language musical selections from content Category 2, must
be played in their entirety for the purpose of meeting the prescribed
Canadian content and French-language music levels. |
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9. The proposed definition of "musical
selection" expressly includes medleys and montages. This inclusion is
necessary to ensure that medleys and montages of one minute or more in
duration are classified as musical selections for the purpose of calculating
compliance with the regulations. |
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10. The proposed amendments include definitions
of "medley" and "montage" that are consistent with the definitions set out in
Circular No. 343, dated 11 May 1988 and entitled Analysis by the
Commission of medleys and montages. |
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11. Sections 2.2(11) and (12) of the proposed
amendments specify two basic regulatory requirements that must be met in
order for a montage to be considered a single musical selection played in its
entirety. These requirements are summarized below. |
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a ) the total duration of the excerpts of
Canadian musical selections from content category 2, or of the excerpts of
vocal musical selections in the French-language from content category 2, as
the case may be, must be greater than 50 per cent of the total duration of
the montage; and, |
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b ) the total duration of the montage must be 4
minutes or more. |
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12. The first requirement reflects the
Commission's current policy, as outlined in Circular No. 343, whereby the
duration of the predominant type of material contained in a montage is used
to determine the main content of a montage. The combined effect of these two
requirements will be to ensure that the total duration of the excerpts of
Canadian selections or of French-language vocal musical selections contained
in a montage is over 2 minutes if the montage is to count as a Canadian or as
a French-language musical selection played in its entirety. In the
Commission's view, these requirements should preserve an incentive to play
Canadian and French-language musical selections in their entirety. |
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13. In view of the fact that medleys are, by
definition, compilations created by artists or musicians in a single
performance, the Commission considers that only those medleys that are played
in their entirety should qualify as Canadian or French-language musical
selections. Moreover, as stated in Circular No. 343, a medley may be
characterized as a Canadian or a French- language musical selection depending
on the predominant type of material it contains. |
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CONDITIONS OF LICENCE RELATING TO CANADIAN
CONTENT |
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14. As noted above, the Commission intends the
increase in the required level of Canadian content to 35% to take effect on 3
January 1999. The Commission notes that an exception to this requirement
would be permitted by way of condition of licence that would come into force
after 2 January 1999. Licensees who are currently subject to a condition of
licence allowing for a minimum Canadian content level (category 2) of less
than 30% may apply for such a condition of licence, thereby allowing them to
continue to operate at their current levels beyond 3 January 1999. As stated
in Public Notice CRTC 1998-41,
licensees who are currently subject to conditions of licence specifying
levels of Canadian content higher than 35% are expected to continue to
operate in accordance with their current commitments. |
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NON-CANADIAN PROGRAMMING |
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15. Consistent with the Commission's
determination in Public Notice CRTC
1998-41, section 8(1)(c)(iv)(E) of the proposed amendments requires
licensees to identify, where applicable, all non-Canadian programming in
their program logs or records. In order to exclude programming that is
produced outside of Canada exclusively for the station, as is the case for
some sporting events originating outside of Canada, non-Canadian programming
has been defined for the purpose of the regulations as programming that
originates outside of Canada other than local programming, as defined in
Public Notice CRTC 1993-38 dated
19 April 1993. In the Commission's view, the proposed definition should
enable it to monitor effectively the levels of non-Canadian programming, and
to assess whether a station's performance in this area raises any concerns. |
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OTHER MATTERS |
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16. The Commission wishes to draw to the
attention of interested parties that the proposed amendments include a new
provision to replace section 14(1) of the French-language version of the
existing regulations. This serves to correct an error in a previous amendment
to the regulations, SOR/91-517, as adopted on 27 August 1991. |
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COMMENTS |
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17. Interested parties are invited to present
their comments as to whether the proposed amendments accurately reflect
the Commission's policy set out in Public Notice
CRTC 1998-41. Comments
should be sent to the Secretary General, Canadian Radio-television and
Telecommunications Commission, Ottawa, Ontario, K1A 0N2, by 15 September
1998. To be considered as part of the proceeding, a submission must be
actually received by the Commission and not merely mailed by that date. While
receipt of submissions will not be acknowledged, they will be considered by
the Commission and will form part of the public record of the proceeding. |
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Laura M. Talbot-Allan
Secretary General |
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This document is available in alternative
format upon request. |
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JUS-600459
(CG-I/GC-I) |
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REGULATIONS AMENDING THE RADIO REGULATIONS, 1986 |
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amendments |
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1. Section 2 of the Radio Regulations,
1986 (1) is amended by adding the following in alphabetical order: |
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" campus station" means an A.M. station or an
F.M. station that is licensed as a campus station. (station de campus) |
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" commercial station" means an A.M station or an
F.M. station other than a station owned and operated by a not-for-profit
corporation, a campus station, a community station, a native station, an
ethnic station or a station owned and operated by the Corporation. (station
commerciale) |
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" community station" means an A.M. station or an
F.M. station that is licensed as a community station. (station
communautaire) |
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" medley" means a compilation of one minute or
more in duration in which artists or musicians combine excerpts from several
musical selections within a single performance. (pot-pourri) |
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" montage" means a compilation of one minute or
more in duration containing excerpts from several musical selections but does
not include a medley. (montage) |
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" musical selection" means any live or recorded
music of one minute or more in duration, broadcast uninterrupted. It includes
a medley and a montage. (pièce musicale) |
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" native station" means an A.M. station or an
F.M. station that is licensed as a native station. (station authochtone) |
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2. (1) Subsection 2.2(3) (2) of the
Regulations is replaced by the following: |
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(3) Except as otherwise provided under a
licensee's condition of licence, an A.M. or F.M. licensee shall, in any
broadcast week, devote 10 per cent or more of its musical selections from
content category 3 to Canadian selections and schedule those selections in a
reasonable manner throughout each broadcast day. |
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(2) Subsections 2.2(5) 3 and (6) (2)
of the Regulations are replaced by the following: |
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(5) Except as otherwise provided under a
licensee's condition of licence, an A.M. or F.M. licensee licensed to operate
a commercial station in the French language shall, in any broadcast week,
devote 65 per cent or more of its vocal musical selections from content
category 2 to musical selections in the French language broadcast in their
entirety. |
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(6) An A.M. or F.M. licensee may, in any
broadcast week, reduce the proportion of its Canadian musical selections from
content category 2 referred to in subsection (7), (8) or (9) to |
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(a) not less than 20 per cent, scheduled in a
reasonable manner throughout each broadcast day, where, in that broadcast
week, the licensee devotes not less than 35 per cent and not more than 49 per
cent of all its musical selections to instrumental selections; and |
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(b) not less than 15 per cent, scheduled in a
reasonable manner throughout each broadcast day, where, in that broadcast
week, the licensee devotes 50 per cent or more of all its musical selections
to instrumental selections. |
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(7) Except as otherwise provided under a
licensee's condition of licence, and subject to subsection (6), an A.M. or
F.M. licensee licensed to operate a station other than a commercial station
shall, in any broadcast week, devote 30 per cent or more of its musical
selections from content category 2 to Canadian selections and schedule those
selections in a reasonable manner throughout each broadcast day. |
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(8) Except as otherwise provided under a
licensee's condition of licence that applies after January 2, 1999, and
subject to subsection (6), an A.M. or F.M. licensee licensed to operate a
commercial station shall, in any broadcast week, devote 35 per cent or more
of its musical selections from content category 2 to Canadian selections
broadcast in their entirety. |
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(9) Except as otherwise provided under a
licensee's condition of licence, and subject to subsection (6), an A.M. or
F.M. licensee licensed to operate a commercial station shall, between six
o'clock in the forenoon and six o'clock in the afternoon, in any period
beginning on Monday of a week and ending on Friday of the same week, devote
35 per cent or more of its musical selections from content category 2 to
Canadian selections broadcast in their entirety. |
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(10) Except as otherwise provided under a
licensee's condition of licence, an A.M. or F.M. licensee licensed to operate
a commercial station in the French language shall, between six o'clock in the
forenoon and six o'clock in the afternoon, in any period beginning on Monday
of a week and ending on Friday of the same week, devote 55 per cent or more
of its vocal musical selections from content category 2 to musical selections
in the French language broadcast in their entirety. |
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(11) For the purposes of this section, a montage
shall be deemed to be a Canadian selection broadcast in its entirety if |
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(a) the total duration of the excerpts of
Canadian selections from content category 2 is greater than 50 per cent of
the total duration of the montage; and |
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(b) the total duration of the montage is 4
minutes or more. |
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(12) For the purposes of this section, a montage
shall be deemed to be a musical selection in the French language broadcast in
its entirety if |
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(a) the total duration of the excerpts of vocal
musical selections in the French language from content category 2 is greater
than 50 per cent of the total duration of the montage; and |
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(b) the total duration of the montage is 4
minutes or more. |
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3. Subparagraph 8(1)(c)(iv) of the
Regulations is amended by striking out the word "and" at the end of clause
(C) and by adding the following after clause (D): |
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(E) where applicable, the code set out in the
schedule identifying non- Canadian programming, and |
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4. Subsection 14(1) of the French version of
the Regulations is replaced by the following: |
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14. (1) Il est interdit au titulaire M.F.
qui détient également une licence M.A. de diffuser simultanément sur les
ondes de sa station M.F., au cours de la journée de diffusion, la matière
radiodiffusée sur les ondes de sa station M.A. lorsqu'il y a chevauchement de
toute partie du périmètre de rayonnement de 3 mV/m de la station M.F. et du
périmètre de rayonnement de jour de 15 mV/m de la station M.A. |
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5. The title (4) of the schedule to the
Regulations is replaced by the following: |
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CODES INDICATING ORIGIN, LANGUAGE, TYPE AND
GROUP OF PROGRAMMING AND NON- CANADIAN PROGRAMMING |
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6. The schedule to the Regulations is amended
by adding the following after Part D: |
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E. Code Identifying Non-Canadian Programming |
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Column I Column II |
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Item Code Description |
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1. NC Programming that originates outside of
Canada other than local programming, as defined in Public Notice
CRTC 1993-38 dated April 19,
1993, published in the Canada Gazette, Part I on May 1, 1993, as amended from
time to time coming into force |
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7. These Regulations come into force on
January 3, 1999. |
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__________________
1 SOR/86-982
2 SOR/96-324
3 SOR/93-517
4 SOR/91-517 |