ARCHIVED -  Decision CRTC 99-179

Decision

Ottawa, 16 July 1999

Decision CRTC 99-179

Learning and Skills Television of Alberta Limited

Province of Alberta - 199811774

Application processed by
Public Notice CRTC 1999-43
dated 11 March 1999

Summary

The Commission approves the application by Learning and Skills Television of Alberta Limited (Learning and Skills) to amend condition of licence 10 (a) to allow the licensee to distribute 12 minutes of advertising material during each clock hour rather than the currently authorized 6 minutes. The amended condition of licence is set out at the end of this decision. Learning and Skills did not request any change to condition of licence 10(b) with respect to the overall limit of 501 minutes of advertising each broadcast week. Approval of this application will enable Learning and Skills to more effectively use the full 501 minutes of advertising each broadcast week.

Background

1.  Learning and Skills is the licensee of Alberta's privately owned and operated provincial educational television service known as ACCESS. Commercial messages broadcast on the service during air time purchased by the Alberta Government Ministry of Education or by the Ministry of Advanced Education and Career Development are limited to those intended to sell or promote goods, services or activities integrally related to education and learning (condition of licence 9). The licensee is currently limited to broadcasting no more than 6 minutes of advertising material during each clock hour, and a total of no more than 501 minutes of advertising material each broadcast week, exclusive of the type described in condition of licence 9 (condition of licence 10). In addition, the licensee is prohibited from broadcasting any advertising material during programming directed to persons under 12 years of age (condition of licence 8).

2.  The Commission previously denied an application by Learning and Skills to amend condition of licence 10 to allow the licensee to distribute 12 minutes of advertising material during each clock hour rather than the authorized level of 6 minutes. At that time, the licensee did not propose a weekly maximum limit on advertising material (Decision CRTC 98-484).

The current application

3.  In the present application, Learning and Skills is again proposing to increase the maximum amount of advertising material broadcast in each clock hour from 6 minutes to 12 minutes. However, in this case, Learning and Skills indicated that it would maintain the weekly maximum limit of 501 minutes of advertising material, exclusive of the type described in condition of licence 9.

4.  In its application, Learning and Skills stated that program time purchased by the Alberta education ministries accounts for 49 hours each week, including ten hours of prime time. It also noted that it devotes 16 hours and 30 minutes each week to programming directed to pre-school age children. Based on the foregoing, the licensee can only sell general commercial advertising for a total of 60 hours and 30 minutes each week. Under its current authorization to broadcast 6 minutes of advertising in each clock hour, the licensee is therefore limited to 363 minutes of such advertising each week (60.5 hours x 6 minutes). Learning and Skills argued that increasing the amount of general commercial advertising it can broadcast in each clock hour to 12 minutes will enable it to make full use of the 501 minutes allowed by condition of licence 10.

Interventions

5.  The Alberta Broadcasters Association and Craig Broadcast Alberta Inc. filed opposing interventions claiming that the proposed increase in commercial advertising on Learning and Skills would have a negative impact on Alberta commercial television licensees. Among other things, they expressed concern that the licensee was increasing the general interest component of its programming to the detriment of existing commercial broadcasters.

6.  Learning and Skills responded that it is seeking a small increase in its permitted level of commercial advertising that should not have an adverse effect on other Alberta broadcasters. It also stated that the proposed amendment "will not change in any way our educational objectives, nor our programming".

The Commission's decision

7.  One of the Commission's concerns with the solicitation of advertising by educational broadcasters has been that it may have a negative influence on their program schedules by compelling them to schedule more popular programming that would appeal to advertisers. There has also been concern that advertising by educational broadcasters may unduly impact the incumbent commercial television stations.

8.  In this case, the Commission considers that approval of this application will enable the licensee to more effectively use the full 501 minutes of advertising each week allowed by condition of licence 10. At the same time, the Commission is satisfied that, since the licensee is still limited to broadcasting 501 minutes of advertising each week, approval will not affect the nature of the service or have an undue impact on commercial television stations.

Amended condition of licence

9.  Learning and Skills' former condition of licence 10 states:

The licensee shall not:

(10)  broadcast more than 6 minutes of advertising material in any clock hour in a broadcast day; or

(b)  broadcast more than 501 minutes of advertising material in a broadcast week, exclusive of commercial messages described in condition 9(a) above.

Learning and Skills' amended condition of licence 10 states:

The licensee shall not:

(a)  broadcast more than 12 minutes of advertising material in any clock hour in a broadcast day; or

(b)  broadcast more than 501 minutes of advertising material in a broadcast week, exclusive of commercial messages described in condition 9(a) above.

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be viewed at the following Internet site:
www.crtc.gc.ca

Secretary general