ARCHIVED -  Public Notice CRTC 1999-120

Public Notice

Ottawa, 22 July 1999

Public Notice CRTC 1999-120

Call for comments - Proposed revisions to the definitions of television content categories - Proposed definitions of Canadian dramatic programs that will qualify for time credits

Summary

The Commission seeks public input regarding proposed revisions to the definitions of television content categories. These revisions are necessary to implement the Commission's policy with respect to priority programs as established in Public Notice CRTC 1999-97, and to make the current definitions clearer. The Commission is also seeking comments on the criteria that should be used to determine if Canadian dramatic programs will qualify for time credits as set out in Public Notice CRTC 1999-97.

Introduction

1.  In Public Notice CRTC 1999-97 entitled Building on Success - a Policy Framework for Canadian Television (the television policy framework notice), the Commission announced that the stations owned by the largest multi-station television ownership groups will be required to broadcast, each broadcast year, on average, at least 8 hours each week of priority Canadian programs during the peak viewing hours (7 p.m. - 11 p.m.). The following types of programs will be considered as priority programs:

·  Canadian drama programs (Category 7);

·  Canadian music and dance, and variety programs (Categories 8 & 9);

·  Canadian long-form documentary programs;

·  Canadian regionally-produced programs in categories 4, 5, 10 and 11; and

·  Canadian entertainment magazine programs.

Definitions for new types of priority programs

2.  In the television policy framework notice, the Commission stated that it would seek comments on proposed definitions of the last three priority program types. Since these types are new, the Commission requests comments from interested parties on the following proposed definitions.

Proposed definition of Canadian long-form documentary programs

3.  Original works of non-fiction, primarily designed to inform, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 30 minutes (less a reasonable time for commercials, if any). These programs do not deal with or highlight any product or service marketed by a producer, owner, sponsor or advertiser of the program. The subjects are paid nothing except token honoraria or expenses. This category excludes magazine programs as well as paid or bartered programs.

Proposed definition of Canadian regionally-produced programs

4.  Programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) in which the principal photography occurred in Canada at a distance of more than 150 kilometres from Montréal, Toronto or Vancouver. Programs of News (Category 1), Analysis & Interpretation (Category 2), Reporting & Actualities (Category 3) and Sports (Category 6) are excluded.

5.  While these are the only types of regional productions that would qualify as priority programs, the Commission acknowledges that there are other regionally-produced programs of value aired by both public and private stations.

Proposed definition of Canadian entertainment magazine programs

6.  Programs at least 30 minutes long (less a reasonable amount of time for commercials, if any) that devote at least two-thirds of their running time (excluding commercials) to information showcasing Canadian entertainment, including television programs, movies, soundtracks, plays, music, musical and performing arts events, and performance artists. Such programs may include only brief clips of performances.

Clarifications to existing definitions of content categories

7.  At the same time, the Commission is also issuing for comment proposed amendments to some of the existing definitions of program content categories to clarify the Commission's interpretation of these definitions. No change is proposed to the current definitions of categories 1 (News) and 4 (Religion). These definitions are, however, included in the following list for the reader's convenience.

Category 1 News

8.  Newscasts, newsbreaks, and headlines. Programs reporting on local, regional, national, and international events. Such programs would include weather reports, sportscasts, community news, and other related features or segments contained within "News Programs."

Category 2a) General Analysis & Interpretation

9.  Programs on various topics that include analysis or discussion, for example, talk or panel shows, consumer affairs or reviews, but exclude programs presenting information primarily for entertainment value.

10.  The Commission notes that "Docutainment" programs, gossip or entertainment talk shows fall appropriately under category 11. Lifestyle magazine shows fall under category 5b).

Category 2b) Long-form documentary

11.  Original works of non-fiction, primarily designed to inform, providing an in-depth critical analysis of a specific subject or point of view over the course of at least 30 minutes (less a reasonable time for commercials, if any). These programs do not deal with or highlight any product or service marketed by a producer, owner, sponsor or advertiser of the program. The subjects are paid nothing except token honoraria or expenses. This category excludes magazine programs as well as paid or bartered programs.

Category 3 Reporting & Actualities

12.  Programs focusing on the coverage of conferences, political conventions, opening/closing of events (including awards dinners) and political debates, as well as programs of a non-entertainment nature intended to raise funds.

Category 4 Religion

13.  Programs dealing with religion and religious teachings, as well as discussions of the human spiritual condition.

Category 5 Education, Children's, Recreation & Leisure

Category 5a) Formal Education & Children's

14.  Programs presenting detailed information related to a wide variety of topics and used by the viewer primarily to acquire knowledge. The programs can be related to established curricula. All programs targeted at pre-schoolers except those that are primarily comprised of drama.

Category 5b) Informal Education/Recreation & Leisure

15.  Programs presenting information on recreational, hobby and skill development, recreational sports and outdoor activities, travel and leisure, employment opportunities, and talk shows of an informative ("how-to") nature.

Category 6 Sports

16.  Programs of live or live-to-tape sports events and competitions including coverage of professional and amateur tournaments. The category also includes programs reviewing and analysing professional or amateur competitive sports events/teams (i.e., pre- and post-game shows, magazine shows, call-in and talk shows, etc.).

17.  Documentaries on sports-related issues fall under category 2. Programs on leisure and recreational sports fall under category 5b).

Category 7 Drama and Comedy

18.  Entertainment productions of a fictional nature, including dramatisations of real events. They must be comprised of at least 50% dramatic performances. Category 7 includes the following subcategories:

a ) On-going dramatic series;

b ) On-going comedy series (sitcoms);

c ) Specials, mini-series, and made-for-TV feature films;

d ) Feature films, primarily for theatre release;

e ) Animated television programs and films (excludes computer graphic productions without story lines);

f ) Programs of comedy sketches, improvisation, unscripted works, stand-up comedy; and

g ) Other drama, including readings, narratives, improvisations, tapes/films of live theatre not developed specifically for television, experimental shorts and video clips.

Category 8 Music and dance

19.  Programs comprised of at least 50% live or pre-recorded performances of music and/or dance, including opera, operetta, ballet, musicals and music videos. The performance portion excludes voice-overs or musical performances used as background.

Category 9 Variety

20.  Programs containing a minimum of 50% performances of mixed character (e.g., not exclusively music or comedy performances) consisting of a number of individual acts such as singing, dancing, acrobatic exhibition, comedy sketches, monologues, magic, etc.

Category 10 Game shows

21.  Programs featuring games of skill and chance as well as quizzes.

Category 11 General entertainment and human interest

22.  Programs primarily about the world of entertainment and its people (includes celebrity profiles that may use promotional footage, talk or interview shows, award shows, galas and tributes). They also include entertainment-oriented magazine shows; fund-raising shows which include entertainers (i.e. telethons); reality TV, including programs of live or live-to-tape footage without significant portions devoted to critical analysis or interpretation; and coverage of community events such as carnivals, festivals, parades and fashion shows.

Programming without categories

23.  The Commission notes that pornography, infomercials, public service announcements, promotional videos, and corporate videos/films, such as those produced by groups and business for public relations, recruitment, etc., are excluded from the television program content categories. They are not considered programs for the purposes of the Television Regulations, 1987, the Pay Television Regulations, 1990 or the Specialty Service Regulations, 1990. The Commission will continue to consider this material as non-Canadian for the purposes of Canadian content requirements. The Commission will be proposing regulatory changes in that regard in the near future.

24.  The Commission also proposes to exclude productions of less than 5 minutes in duration that are comprised primarily of stock footage.

Time credits for Canadian drama

25.  The Commission is also seeking comments on the criteria that should be used to determine if Canadian dramatic programs will qualify for the time credits set out in the television policy framework notice. Beginning on 1 September 2000, as part of the proposed amendments to the existing conditions of licence of stations of the largest multi-station ownership groups, the Commission intends to provide for a 150% time credit against the required hours of priority Canadian programming for each category 7a) to 7e) dramatic program broadcast during the peak viewing period. The Commission proposes that the following criteria be met in order to qualify for the 150% time credit. The program must:

a)  be aired for the first time on television on or after 1 September 1998;

b)  have a duration of a least one half-hour, including a reasonable amount of time for commercial breaks;

c)  be recognized as a Canadian program, qualify for either a C number or an SR number from the Commission and achieve 10 points related to the key creative positions; and

d)  contain a minimum of 90% dramatic content.

26.  Programs that fail to attain 10 points, even if they have a Canadian in each position filled, will not be eligible for the credit.

27.  Beginning on 1 September 2000, for stations of the largest multi-station ownership groups, the Commission intends to provide for a 125% time credit against the required hours of priority Canadian programming for each category 7a) to 7e) dramatic program broadcast during peak viewing period. The Commission proposes that the following criteria be met in order to qualify for the 125% time credit. The program must:

a ) be aired for the first time on television on or after 1 September 1998;

b ) have a duration of at least one half-hour, including a reasonable amount of time for commercial breaks; and

c ) be recognized as a Canadian program and qualify for either a C number or an SR number from the Commission.

28.  150% or 125% credits will be awarded for each showing of the qualified dramatic program occurring within a two-year period from the date of the first broadcast by a licensee in the same market. Series will have a single two-year period for each cycle of the series, commencing with the air date of the initial episode of the series. The Commission seeks comments on the criteria proposed as well as on the need to limit the number of showings during that two-year period.

29.  Before the Commission issues C numbers to productions, applicants must demonstrate that the producer functions are filled exclusively by Canadians. SR (Special Recognition) numbers are granted to "co-ventures" that qualify as Canadian. These are international co-productions that do not fall under official co-production treaties administered by Telefilm Canada. In co-ventures and co-productions, the producer functions are shared between Canadians and non-Canadians.

30.  With regard to the current 150% Dramatic Programming Credit in relation to animation, Public Notice CRTC 1988-105 states that "co-productions and co-ventures do not qualify for the dramatic programming credit as the producer functions, by definition, are shared between Canadians and non-Canadians." In addition to comments about other elements of the proposed credit system, the Commission seeks comments on the following questions flowing from the policy reflected in that public notice.

31.  Should the new time credit system for Canadian dramatic programming announced in the television policy framework notice also exclude co-ventures and co-productions, both live action and animated, given that it has been developed to encourage the broadcast of the programs that are the most expensive to produce and acquire? If not,

a . Should consideration for the new credits be limited to those co-ventures and co-productions that achieve 10 points?

b . Should consideration be limited to those co-ventures and co-productions that incorporate high minimum levels for equity and profit sharing by Canadians, such as 80%?

Call for comments

32.  The Commission invites written comments on the proposed definitions and questions set out in this notice. The Commission will accept comments that it receives on or before 23 August 1999.

33.  The Commission will not formally acknowledge written comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.

Procedures for filing comments

34.  Interested parties should send their comments to the Secretary General, CRTC, Ottawa,
K1A ON2.

35.  Parties must file all submissions in "hard copy format" (i.e. on paper).

36.  Comments longer than five pages should include a summary.

37.  The Commission also encourages parties to file electronic versions of their comments by e-mail or on diskette. The Commission's e-mail address for electronically filed documents is procedure@crtc.gc.ca

38.  Electronic submissions should be in the HTML format. As an alternative, those making submissions may use "Microsoft Word" for text and "Microsoft Excel" for spreadsheets.

39.  Please number each paragraph of the comment. In addition, please enter the line ***End of Document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission.

40.  The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca in the official language and format in which they are submitted. This will make it easier for members of the public to consult the documents.

Examination of public comments and related documents at the following Commission offices during normal business hours

Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Hull, Quebec K1A ON2
Tel: (819) 997-2429 - TDD: 994-0423
Telecopier: (819) 994-0218

Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Telecopier: (902) 426-2721

Place Montréal Trust
1800 McGill College Avenue
Suite 1920
Montréal, Quebec H3A 3J6
Tel: (514) 283-6607 - TDD: 283-8316
Telecopier: (514) 283-3689

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Telecopier: (204) 983-6317

530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Telecopier: (604) 666-8322

CRTC Documentation Centre
55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Telephone: (416) 952-9096
Telecopier: (416) 954-6343

CRTC Documentation Centre
Cornwall Professional Building
2125, 11th Avenue
Room 103
Regina, Saskatchewan
S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319

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