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Public Notice CRTC 1999-117

Ottawa, 16 July 1999

Ethnic broadcasting policy

Summary

This document sets out the Commission's revised policy for ethnic broadcasting, concluding the review announced in Public Notice CRTC 1998-135. In developing the revised policy, the Commission considered written submissions and presentations made at public consultations in five different locations across Canada.

Section 3 (d)(iii) of the Broadcasting Act states, in part, that the Canadian broadcasting system should reflect the circumstances and aspirations of Canadians, including the multicultural and multiracial nature of Canadian society. As one way of furthering this objective, the Commission has licensed ethnic television and radio broadcasters that specialize in providing ethnic programming. Ethnic programming is programming directed to any culturally or racially distinct group other than one that is Aboriginal Canadian, or from France or the British Isles. Such programming may be in any language or combination of languages.

The Commission has decided to continue the basic framework of the 1985 ethnic broadcasting policy. It considers that this policy had led to a substantial increase in the diversity of the Canadian broadcasting system through the emergence of may new ethnic broadcasting stations. Many participants in the review emphasized how valuable the programming of these stations was to them, their families, their cultural groups and to their integration into Canadian society.

The changes to the 1985 policy that the Commission is now making are designed to provide more flexibility to the broadcasting industry and to streamline regulatory requirements,while still ensuring that the core objectives of the policy continue to be met.

Ethnic radio and television stations will continue to be required to devote at least 60% of their schedule to ethnic programming. The Commission will, however, also require ethnic radio and television stations to devote at least half of their schedules to programming in third languages, that is, in languages other than French, English or an Aboriginal language. This will ensure that the Canadian broadcasting system reflects Canada's linguistic diversity.

The review clearly demonstrated that there is a wide demand for ethnic programming. However, limitations on the number of radio and television frequencies available make it impossible to license separate over-the-air stations for each ethnic group. In addition, smaller groups do not have the financial resources to sustain their own services. Therefore, ethnic stations will continue to be required to serve a broad range of ethnic groups within their service area (broad service requirement). However, when setting the number of groups that each station must serve, the Commission will consider the quality of service to each group and the existing level of ethnic programming from all sources in the market. As such, in some cases individual ethnic stations may be permitted to serve fewer groups in some communities.

The existing Canadian content requirements for ethnic radio and television stations will not be changed.

Ethnic stations play an important role in serving local communities. They will, therefore, be expected to provide, at time of licensing and renewal, plans on how they will reflect local issues and concerns.

The Commission will not limit the amount of ethnic programming in French and English that non-ethnic stations may air. Such stations may, however, devote no more than 15% of their schedules to third-language programming, unless they obtain Commission approval for an increase up to 40%. This will ensure that non-ethnic stations have maximum flexibility to reflect the communities they serve while providing ethnic stations some protection in view of their obligation to serve a broad range of ethnic groups.

In recognition of their particular roles, campus radio stations in markets without an ethnic station, and Type A community radio stations will be allowed to provide up to 40% third-language programming without seeking Commission approval. Type A community stations provide the only private radio service in English or French in a community.

The Commission will address issues respecting the authorization of foreign ethnic services and the licensing of new Canadian ethnic specialty services in another public notice to be issued at a later date.

Introduction

1.  In Public Notice CRTC 1998-135 dated 22 December 1998, the Commission announced a review of its Broadcasting Policy Reflecting Canada's Linguistic and Cultural Diversity, which is the policy governing ethnic broadcasting (the 1985 policy). That policy was set out in Public Notice CRTC 1985-139, dated 4 July 1985.

2.  Public Notice CRTC 1998-135 also provided notice of the process established to provide for public input to this review. The Commission held public consultations in Halifax, Montréal, Toronto, Winnipeg and Vancouver in early February. In addition, the Commission received 171 written submissions from parties representing a wide range of persons, groups and companies. The full public record of all views and proposals considered by the Commission is available at Commission offices.

3.  The Commission thanks all those who made presentations and submitted comments. It was impressed with the high level of interest in this proceeding. The information that these parties provided substantially assisted the Commission in its deliberations.

4.  Overall, the comments received were supportive of the 1985 policy framework for ethnic broadcasting, recognizing its success in enhancing the diversity of the Canadian broadcasting system, particularly linguistic diversity. The comments also emphasised the high demand by Canadians for programming in a variety of languages.

5.  The Commission considers that the primary goal of the policy is to ensure access to ethnic programming to the extent practicable given resource limitations. The policy will continue to provide a framework for broadcasting that fosters opportunities for greater understanding among people with different cultural backgrounds.

6.  The Commission has designed the policy to increase flexibility for ethnic stations, to reduce regulation where possible, and to respond to the evolution within ethnic groups and in Canadian society at large.

7.  The new ethnic broadcasting policy will require some amendments to the applicable regulations. The Commission will issue a public notice setting out the specific wording of these proposed amendments. Existing conditions of licence imposed on ethnic broadcasters will not be affected by the changes to the regulations during their present licence terms. Such stations that wish to amend their conditions of licence in light of the new policy will need to submit applications to the Commission.

8.  The Commission will address issues respecting the authorization of foreign ethnic services and the licensing of new Canadian ethnic specialty services in another public notice to be issued at a later date.

Definition of ethnic programming

9.  The Commission has determined that the current ethnic programming definitions should be simplified and defines an ethnic program as follows:

  An ethnic program is one, in any language, that is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.

10.  Ethnic programming may be in English, French, a third-language or a combination of languages. It also includes cross-cultural programming provided, once again, that it is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.

11.  Where television programming includes subtitles, the Commission will continue to consider the audio portion of the program to determine the language.

12.  For radio, the spoken word component of the program determines the ethnic group being served.

Exclusions

13.  For television, the Commission will continue to exclude musical, advertising, public service and promotional content when determining whether a particular program qualifies as ethnic programming.

14.  For radio, the Commission will continue to exclude music, advertising, station contests, and community and emergency messages when determining whether a particular program qualifies as ethnic programming.

15.  The Commission will, however, continue to count such excluded material in the calculation of the duration of an ethnic program in which it is found.

Framework for ethnic over-the-air stations

Level of ethnic programming

16.  The Commission will continue to require ethnic television stations to devote at least 60% of each broadcast month to ethnic programming. Ethnic radio stations must devote at least 60% of each broadcast week to ethnic programming. The Commission may increase the amount of ethnic programming an ethnic station must broadcast by condition of licence where appropriate.

17.  This approach ensures that ethnic stations primarily serve ethnic communities. However, it allows an ethnic station to establish a business model under which 40% of its schedule may be non-ethnic programming in order to generate revenues required to support its ethnic programming. Although this subsidy model may be most appropriate for television in light of the high cost of television production, it is noteworthy that two ethnic radio stations have also adopted such a format, using religious programming to subsidize ethnic programming.

Service to a variety of ethnic groups

18.  The Commission will continue to set, by condition of licence, the minimum number of ethnic groups that each ethnic radio and television station must serve and the minimum number of languages in which it must provide programming.

19.  Ethnic stations are required to serve a range of ethnic groups in a variety of languages. This is because the scarcity of broadcast frequencies may not permit the licensing of an over-the-air single-language service for each ethnic group in a given market. This approach also allows for the provision of service to groups that would not otherwise be able to afford their own single-language service.

20.  Some parties argued that ethnic stations should be permitted to broadcast in only one or two languages in cities where there are large ethnic communities using those languages. They argued that, in these cities, ethnic stations must be totally immersed in the culture of the large ethnic communities and virtually all of the stations' resources must be devoted to providing programming for these communities. It therefore becomes difficult and expensive to produce programming of high quality for other groups.

21.  As is the case with larger groups, the Commission continues to consider that smaller ethnic groups benefit from a basic level of broadcasting in their own languages and from programming that assists in their full participation in Canadian society, reflects their culture and promotes cross-cultural understanding. Therefore, it will maintain its objective that service should be provided to smaller as well as larger ethnic groups.

22.  The Commission considers, however, that a balance may be struck between the two priorities: serving as many groups as practical, and providing high quality programming to those groups that are served.

23.  The Commission establishes the minimum number of distinct groups that a station must serve on the basis of the demographics of the community, the services already available and the degree of support shown by local community organizations. These factors continue to be relevant.

24.  In addition, in establishing the required number of distinct groups to be served, the Commission will also weigh the ability of ethnic stations to provide appropriate amounts of quality programming to these groups. The Commission will evaluate how this broad service requirement is met in light of the ethnic programming available from all stations in the market. This means that the number of distinct groups that are served will be measured on a total market basis rather than on the basis of each individual station. This approach will allow for greater flexibility for ethnic stations where appropriate. In other words, where many distinct ethnic groups are served in the market overall, individual stations may be permitted to provide more hours of service to fewer groups.

25.  Nevertheless, the Commission continues to emphasize that the requirement to serve a variety of ethnic groups remains an important element of the framework for ethnic broadcasting. An application by an ethnic station to serve only one or two groups would contravene this policy unless the applicant could demonstrate that there would not be a significant negative effect on any existing or proposed ethnic station, or on the number of ethnic groups served in the market overall.

Third-language programming

26.  The Commission will require by regulation that at least 50% of all programming broadcast by ethnic stations be third-language programming. This will continue to guarantee that a minimum level of third-language programming is available. Ethnic radio stations must fulfill this requirement each broadcast week, while compliance with this requirement by ethnic television stations will be measured over each broadcast month. Third-language programming will be defined as:

Programming in languages other than French, English or those of Aboriginal Canadians.

27.  The Commission notes that ethnic radio and television stations generally provide a high level of third-language programming, often well above the requirements established by the Commission. This requirement is intended to ensure that ethnic stations continue to satisfy this important need.

28.  The Commission will, however, retain the discretion to establish or continue a different minimum level of third-language programming for individual stations, by condition of licence.

Canadian content

Television

29.  The Commission will continue to require that ethnic television stations broadcast the same minimum Canadian content levels as non-ethnic private television stations (60% Canadian content overall, 50% during the evening broadcast period). These requirements may, however, be varied by the Commission for any ethnic television station by condition of licence.

30.  The Commission considers that the current approach remains appropriate. This approach will allow the Commission to continue to vary the Canadian content requirements for ethnic television stations where warranted, taking into consideration the licensee's commitments, the local market circumstances, and the availability of funds to support ethnic television production.

31.  Some concern was expressed regarding the lack of resources available to support independent ethnic television production. The Commission notes that Public Notice CRTC 1997-98 Contributions to Canadian Programming by Broadcasting Distribution Undertakings, provides that independently-administered production funds may be established to respond to some of the funding demands which do not currently fit within the framework of the Canada Television Fund (CTF).

32.  It would, therefore, be possible to establish a fund to support ethnic television production. Broadcasting distribution undertakings (BDUs) would then have the option of directing up to 20% of their total required contribution to Canadian programming to this fund.

Radio

33.  The Commission will maintain the following Canadian content requirements for ethnic radio stations:

34.  Alternatively, a radio station may meet the minimum 35% category 2 requirement and the minimum 10% category 3 requirement over the entire broadcast week, including both ethnic and non-ethnic programming periods.

35.  The Commission remains of the view that Canadian ethnic music must be given exposure in the broadcasting system. However, the Commission is not convinced that it has sufficient information to support an increase in the Canadian content requirements at this time.

36.  In its submission, the Ontario Arm of the Canadian Association of Ethnic Broadcasters (CAEB) made a commitment that each of its member radio stations would contribute $3,000 per year per station for three years to establish a catalogue of Canadian ethnic recordings. The CAEB stated that it also hoped for support from other stations, the recording industry and governments for this project. Representatives of both ethnic radio stations and campus stations providing ethnic programming also indicated the need for such a catalogue.

37.  The Commission welcomes this initiative on the part of the CAEB. Based on the comments received, it appears that the proposed catalogue would be a valuable tool for increasing the airplay received by Canadian content ethnic recordings. The Commission encourages all parties to participate in this initiative and notes that contributions by radio stations would count toward fulfilment of conditions of licence relating to Canadian talent development.

38.  The Commission also notes the role played by FACTOR and MusicAction in the support and development of new Canadian artists.

Local content

39.  The Commission will expect ethnic broadcasters, at the time of licensing and renewal, to provide plans on how they will reflect local issues and concerns during the terms of their licences.

40.  The Commission is of the view that a primary responsibility of over-the-air ethnic radio and television stations should be to serve and reflect their local community.

41.  The Commission will also expect licensees to report on the progress of their initiatives at their subsequent licence renewals. In that regard, it would be helpful for licensees to indicate in their plans how they will subsequently evaluate their progress.

National ethnic network

Television

42.  The Commission recognizes that there are different ways that ethnic television programs can be shared among local ethnic television stations. A formal national ethnic network is one such mechanism.

43.  During the third national network proceeding conducted in 1997, Rogers Broadcasting Limited proposed that the Commission issue a call for applications for a national multilingual television network.

44.  In Public Notice 1998-8 Additional National Television Networks - A Report to the Government of Canada Pursuant to Order in Council P.C. 1997-592, the Commission stated that any consideration of applications proposing a national multilingual television network should await the results of the ethnic broadcasting policy review.

45.  Participants in the ethnic broadcasting policy review provided a variety of views on the concept of a national ethnic television network. Some groups saw a national network as a way of supporting the emergence of an affiliated local ethnic television station in cities not presently served by an ethnic television station. Thus, the national network concept was seen as supporting the provision of both locally relevant ethnic programs and other ethnic programs to communities that do not presently have any over-the-air ethnic television programming.

46.  Others did not support a national ethnic network. They were of the view that the ethnic composition of cities in Canada is so diverse that it is difficult to conceive of a national schedule that would be relevant across the country. In their view, the national network concept would have the potential to displace (or at least fail to support) locally relevant content.

47.  The Commission considers that any application for a national ethnic television network licence should clearly identify how the proposed network would satisfy the needs of a range of ethnic groups in the local markets to be incorporated in the proposal.

Radio

48.  During the public consultation in Halifax, it was suggested that a national ethnic radio network might assist in bringing more ethnic programming to the Atlantic provinces. While the Commission will consider any application filed with it for such a network in due course, it wishes to note that a national network is not the only solution to the problem of unserved or underserved regions. The Broadcasting Distribution Regulations allow all cable companies to carry distant audio ethnic Canadian programming services without seeking Commission approval. Such carriage is permitted where there is no ethnic station in the market served by the cable company.

49.  In markets not served by ethnic stations, the Commission encourages BDUs to distribute distant ethnic audio Canadian programming signals that would provide service to ethnic groups in their service area.

Framework for non-ethnic over-the-air stations

50.  The Commission will continue to limit the amount of third-language programming that non-ethnic stations may provide. The Commission will not, however, continue to impose limits on the amount of ethnic programming in French or English that non-ethnic stations may provide, unless they are established by condition of licence.

51.  The Commission considers that it is not necessary to continue the 10% maximum limit on the amount of ethnic programming that non-ethnic television stations may broadcast in markets also served by an ethnic television station. The regulations will therefore set a 15% across-the-board maximum level for ethnic programming that will apply to both non-ethnic radio and non-ethnic television stations, regardless of whether there is an ethnic station in the market they serve.

52.  The 15% limitation on the level of third-language programming will also apply to public broadcasters, such as the CBC and provincial educational broadcasters, as well as to Type B community radio stations, i.e. those that operate in competitive markets.

53.  Accordingly, the regulations will be changed so that no non-ethnic television or radio station, other than campus radio stations in markets without a local ethnic station and Type A community stations, will be permitted to devote more than 15% of its schedule to third-language programming without Commission approval regardless of whether or not there is an ethnic station in the area. The maximum amount of third-language programming that a non-ethnic station may provide with Commission approval will continue to be 40%.

54.  This approach should strike a balance between the need to protect from undue competition ethnic stations who must provide service to a number of ethnic groups in their communities and the flexibility needed by non-ethnic stations to reflect the communities they are licensed to serve.

Campus and Type A community radio stations

55.  The Commission will allow campus radio stations in markets without a local ethnic station, and Type A community radio stations, to provide up to 40% third-language programming without seeking Commission approval. Type A community stations provide the only private radio service in one of the official languages in their communities.

56.  The Commission considers that campus stations and Type A community stations are well placed to provide ethnic programming in markets not served by ethnic stations without creating an impediment to the establishment of an ethnic station in the future.

Other elements

Community channels

57.  The Commission acknowledges the contribution made by community channels in providing ethnic programming and in developing production talent in ethnic communities. The Commission encourages all community channels to provide programming reflecting the ethnic diversity of the communities they serve.

58.  In Public Notice 1997-25 New Regulatory Framework for Broadcasting Distribution Undertakings, the Commission determined that it would no longer require cable companies to provide a community channel for local expression. It considered that cable companies have an incentive to provide these services without regulatory intervention given that they operate in an increasingly competitive environment. The Commission noted that community channels provide "cable operators with a highly effective medium to establish a local presence and to promote a positive corporate image for themselves."

59.  In keeping with the new regulatory framework for BDUs set out in PN 1997-25, the Commission is of the view that cable companies have a continuing interest in using their community channels to reach out to all groups within the communities they serve.

Special programming services

60.  The policy will continue to be that special programming services should contribute significantly to the enrichment of the Canadian broadcasting system by extending and complementing local Canadian programming.

61.  The Commission reiterates its position that the role of special programming services is to extend and complement local over-the-air programming. Accordingly, it encourages the operators of special programming services to work as closely as possible with the communities they serve.

Subsidiary communications multiplex operation (SCMO) services

62.  The regulatory framework for auxiliary radio services (SCMO services) is set out in Public Notice CRTC 1989-23 Services Using the Vertical Blanking Interval (Television) or Subsidiary Communications Multiplex Operation (FM). SCMO programming is not receivable with standard equipment; listeners must use a special receiver. Radio stations need not seek Commission approval to offer an SCMO service unless more than 15% of the programming of the SCMO service is ethnic programming and there is an over-the-air ethnic radio or television station in the relevant service area.

63.  During this proceeding, concerns were raised about the market impact of SCMO services on ethnic broadcasters. Concerns were also raised about the adequacy of measures to ensure that SCMO services comply with restrictions on broadcasting abusive comment.

64.  It is equally noteworthy that some over-the-air ethnic broadcasters in this proceeding acknowledged that SCMO services play a valuable role and should continue to be permitted, as is the case under the existing regime. Further, the existing system ensures that ethnic SCMO services are not authorized without an opportunity for public comment where the SCMO service would be delivered in a market with an ethnic station.

65.  The Broadcasting Act provides that licensees are responsible for the content of the programming they broadcast. The Commission wishes to reiterate that radio stations providing SCMO services are fully accountable for the content of those services.

Advisory council / self-regulation

66.  Many parties commented that an advisory council should be established to perform such functions as monitoring the reflection of multicultural reality in the broadcasting system, helping ethnic communities become more involved in broadcasting, and ensuring that ethnic broadcasters provide programming in an appropriate number of languages. Proposals included the formation of such a council on a national level or the formation of station-based councils at the local level.

67.  The Commission welcomes such initiatives. In addition, the Commission encourages broadcasters who have not already done so to establish advisory councils incorporating representatives of the ethnic communities in their service areas.

68.  Should the ethnic broadcasting industry, or parts of the industry, choose to propose a self-regulatory regime to deal with complaints about ethnic programming, the Commission considers that it would be necessary for such a regime to include appropriate representation from ethnic communities.

69.  In the context of self-regulation, the Commission also wishes to note the existence of the Industry Code for Brokerage, jointly prepared by the CAB and the CAEB in 1985. The provisions of this code are directed at ensuring that program brokers provide the necessary degree of scrutiny to guarantee regulatory compliance and an appropriate standard of programming.

Conclusion

70.  The Commission expects that the revised policy will support the continued growth of high quality third-language Canadian programming. It will also encourage programming that promotes cross-cultural understanding as well as promoting the full participation of all people in Canadian society.

Related CRTC documents

This notice is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca

Secretary General

Appendix to the ethnic broadcasting policy

Comparison of the 1985 policy and the new policy

Subject
Definition of ethnic programming

1985 Policy

Ethnic programming includes the following five types:

Type A: A program in a language or languages other than French, English or native Canadian.

Type B: A program in French or in English that is directed specifically to racially or culturally distinct groups whose first or common bond language (in the country of their origin) is French or English (such as Africans from Algeria, Mauritania and Morocco; Caribbean Blacks; groups from India).

Type C: A program in French or in English that is directed specifically to any culturally or racially distinct group whose heritage language is already included in Type A (such as those groups who have not retained the use of a third-language).

Type D: A program using a bilingual mix (French or English plus a third-language from Type A) that is directed specifically to any culturally or racially distinct group (such as French and Arabic, English and Italian, English and Punjabi).

Type E: A program in French or in English that is directed to any ethnic group or to a mainstream audience and that depicts Canada's cultural diversity through services that are multicultural, educational, informational, cross-cultural or intercultural in nature.

New Policy

An ethnic program is one, in any language, that is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.

A cross-cultural program also qualifies as ethnic programming provided, once again, that it is specifically directed to any culturally or racially distinct group other than one that is Aboriginal Canadian or from France or the British Isles.

Subject
Amount of ethnic programming for ethnic over-the-air stations

1985 Policy

Ethnic television stations must devote at least 60% of each broadcast month to Type A to D ethnic programming. Ethnic radio stations must devote at least 60% of each broadcast week to Type A to D ethnic programming.

New Policy

Ethnic television stations must devote at least 60% of each broadcast month to ethnic programming. Ethnic radio stations must devote at least 60% of each broadcast week to ethnic programming.

Subject
Broad service requirement

1985 Policy

The programming provided by an ethnic station must reflect and serve a broad range of ethnic communities in the station's coverage area. In establishing the required range of service, the Commission will consider the demographics of the community and the degree of support shown by local organizations.

New Policy

The programming provided by an ethnic station must generally reflect and serve a broad range of ethnic communities in the station's coverage area. This broad service will be measured on a total market basis rather than on the basis of each individual station. In setting individual requirements for ethnic stations, the Commission will also consider the ability of stations to provide quality programming to the groups they serve.

Subject
Third-language programming requirement

1985 Policy

Minimum levels of combined Type A and Type B ethnic programming were set for individual stations by condition of licence.

New Policy

Ethnic stations must air at least 50% third-language programming. This regulation may be varied by condition of licence.

Third-language programming is:

Programming in languages other than French, English or those of Aboriginal Canadians.

Subject
Canadian content for television

1985 Policy

Ethnic television stations are subject to the same minimum Canadian content requirements as private non-ethnic stations: 60% overall and 50% during the evening broadcast period. These requirements may be varied by condition of licence.

New Policy

Same.

Subject
Canadian content for radio

1985 Policy

Radio stations are required to play at least 7% Canadian content musical selections during ethnic programming periods and to comply with the usual Canadian content requirements during non-ethnic programming periods (at least 35% musical selections from category 2 and at least 10% from category 3).

Alternatively, radio stations may meet the minimum 35% category 2 requirement and the minimum 10% category 3 requirement over their entire broadcast week.

New Policy

Same.

Subject
Local reflection

1985 Policy

No specific measures.

New Policy

Licensees must, at time of licensing and renewal, provide plans on how they will reflect local issues and concerns. They must report on their progress at subsequent licence renewals.

Subject

Ethnic programming limits for non-ethnic commercial stations, public broadcasters and Type B community radio stations

1985 Policy

Non-ethnic radio and television stations may generally air no more than 15% Types A to D ethnic programming. However, this maximum level is reduced to 10% for non-ethnic television stations where there is an ethnic television station in the service area. These limits may be increased to
40% by condition of licence.

New Policy

Non-ethnic radio and television stations, public broadcasters and Type B community radio stations may air up to 15% third-language programming. This limit may be varied or increased to 40% by condition of licence.

There are no limits on the amount of ethnic programming in French and English that may be broadcast.

Subject
Ethnic programming limits for campus radio stations and Type A community radio stations

1985 Stations

Campus radio stations and Type A community radio stations may air no more than 15% Types A to D ethnic programming. This limit may be increased to 40% by condition of licence.

New Policy

Campus radio stations in markets without an ethnic radio station, and Type A community radio stations, may air up to 40% third-language programming. No Commission approval is required.

In markets with an ethnic station, they may air up to 15% third-language programming. This limit may be varied or increased to 40% by condition of licence.

Date modified: