Public Notice CRTC 1999-205
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Ottawa, 23 December 1999
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Definitions for new types of priority programs; revisions to the definitions of television content categories; definitions of Canadian dramatic programs that will qualify for time credits towards priority programming requirements
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1. In Public Notice CRTC 1999-120, the Commission sought public input regarding definitions for new types of priority programs and revisions to the definitions of television content categories. These definitions and 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 also sought 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.
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2. The new definitions are set out in Appendix I to this document. The Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 will be amended to reflect the new definitions. Appendix II contains the criteria that will be used to determine if Canadian dramatic programs will qualify for time credits. All amendments will come into effect on 1 September 2000.
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3. The Commission received interventions from 28 parties who presented a variety of suggestions on how the definitions and criteria should be amended. The Commission appreciates the high quality of the submissions it received during this public process and wishes to thank all parties for their views and participation. The Commission considered all of the submissions in reaching the modifications proposed herein. The full public record is available at Commission offices.
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Definitions of new types of priority programs
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4. In Public Notice CRTC 1999-120, the Commission requested comments from interested parties on the proposed definitions of three new priority program types: Canadian long-form documentary programs, Canadian regionally produced programs and Canadian entertainment magazine programs. These definitions are set out in Appendix I. The Commission has made minor adjustments in the wording of both the Canadian long-form documentaries and Canadian entertainment magazines categories in response to comments made by parties. In the case of regionally produced programs, interveners identified broader policy concerns.
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Regionally-produced programs
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5. The Commission received several interventions that were critical of the proposed definition of a regionally produced program. Parties from British Columbia, as well as others, urged the Commission to expand the definition of Canadian regionally produced programs to include productions from Vancouver. It was argued that Vancouver is not a production centre equivalent to either Toronto or Montréal due to the relatively low level of domestic production in Vancouver. Parties also pointed out that virtually all of Canada’s broadcasting networks, specialty, pay and pay-per-view services are headquartered in Toronto and Montréal, a fact which places producers in other areas of the country, including Vancouver, at a distinct disadvantage.
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6. The definition of regionally produced programs is required for the purpose of determining which programs will qualify in respect of a condition of licence relating to priority programs. The Commission notes that drama, music/dance, variety programs, long-form documentaries and Canadian entertainment magazine programs will qualify as priority regardless of where they are produced. The policy of granting priority status to regionally produced programs in other categories, such as religion, education, game shows and general entertainment and human interest, is intended as an incentive for smaller broadcasters and producers to stimulate production activity in parts of Canada where there is very little of any kind of television production.
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7. Figures provided by the Government of British Columbia indicate that the value of domestic production in that province in 1997 totalled $235.8 million. Even though this only represents 36% of total production in Vancouver in that year, it is still significantly greater than the total production levels in each of the other provinces or territories that year, except for Ontario and Quebec. In light of this, the Commission will maintain its policy of excluding Vancouver and the surrounding mainland, from the definition of an area of regional production.
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8. Parties also argued that the 150-kilometre zone specified in the definition should be decreased so that more productions would qualify as regionally produced programs. Suggestions ranged from shortening the distance to 125 kilometres to that of simply including all areas outside the central metropolitan areas of Toronto, Montréal or Vancouver.
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9. The 150-kilometre distance is based on the rationale that a regional production area should be beyond a reasonable drive from a metropolitan centre. The Commission considers that this distance should be maintained to ensure the authenticity of regional productions.
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10. The Commission, however, agrees with parties who argued that the new definition should recognize as qualifying for regional status, programs produced on Vancouver Island and French-language programs produced in all areas outside of Montréal. In the former case, the Commission agrees, as one intervener pointed out, that this would be consistent with other CRTC policies that have recognized the cultural differences between Vancouver and Vancouver Island. In the latter case, the Commission recognizes the obstacles faced by French-language producers in getting programs produced outside of Quebec and considers that this incentive may encourage more French-language production in other parts of Canada.
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Revisions to existing definitions of content categories
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11. In Public Notice CRTC 1999-120, the Commission also issued for comment proposed amendments to some of the existing definitions of program content categories to clarify the Commission's interpretation of these definitions. The majority of comments received were aimed at refining the wording of definitions to achieve greater clarity. The Commission, therefore, will adopt the proposed definitions with some minor adjustments and add new categories. These definitions are set out in Appendix II to this notice.
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Application of new definitions
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12. The Specialty and Premium Television Association (SPTV) and the Canadian Association of Broadcasters (CAB), as well as several specialty licensees, sought clarification from the Commission on whether the proposed new definitions of program categories are intended to apply to pay and specialty licensees in addition to conventional licensees. Parties noted the current differences in the definitions of program categories contained in the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 versus the Television Broadcasting Regulations, 1987.
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13. These parties expressed concern about the regulatory impact on pay and specialty licensees if the revised definitions were to apply to them as most are limited by condition of licence from airing programming in certain categories. In their view, the revised definitions would bring significant changes to some content categories. As a result, programs traditionally logged under particular categories might no longer qualify under those same categories. This, in turn, would require some pay and specialty licensees to seek amendments to their nature of service conditions of licence in order to broadcast programming that will now be logged under a new category.
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14. The Commission has determined that the programming definitions proposed in Public Notice CRTC 1999-120 will apply to pay and specialty licensees in addition to conventional licensees. The establishment of one set of programming categories for all licensed services will, in the long run, provide greater ease and efficiency for both the CRTC and licensees with respect to logging and monitoring programming.
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15. Further, except for the addition of new program categories, the Commission does not consider that the adoption of the new definitions will have a major impact on pay and specialty licensees. In the Commission’s view, the revised wording, while creating greater clarity, does not result in material changes to the majority of content categories. Rather, most of the revisions in the new definitions clarify the wording of the current definitions and reflect the interpretations that have been developed and used by the Commission since 1987.
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16. The Commission notes that sports services will require an amendment to their condition of licence to log Category 2a) (General Analysis and Interpretation) and/or 2b) (Long-form documentaries) if they wish to broadcast sports documentaries. In addition, most specialty licensees will also be required to file applications to amend these conditions to permit the broadcast of categories 12, 13, 14 and where appropriate, 15. Early in the new year, the Commission will make available a short application form for this purpose. This will permit the efficient processing of such applications.
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17. Accordingly, the revised programming category system set out in Appendix I to this notice will apply to pay and specialty licensees on 1 September 2000. The Commission notes that, where appropriate, sub-categories used in the Specialty Services Regulations, 1990 have been added to the new definitions to harmonize the two sets of definitions. In addition, filler programming, which is used by pay services, and by some specialty services, is included in the new set of definitions.
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Category 8 Music and Dance
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18. The Commission notes that amendments have been made to category 8 to harmonize the definition with that in the Specialty Services Regulations, 1990 and to clarify the types of category 8 programs eligible for priority status. Under the new definitions, only category 8 a) will qualify for priority status. Category 8 a) will no longer include music video clips, which will fall under category 8 b). Music video clips and programs devoted to music videos will not be eligible for priority program status. Music video programs are relatively inexpensive to produce. According to the definition set out in Public Notice CRTC 1984-94, only 30% of the music videos in a Canadian music video program are required to be Canadian. The Commission considers that priority programs should contain much higher levels of Canadian content. Music video clips and programs devoted to music videos will now be logged as categories 8 b) and 8 c), respectively.
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Programming without categories
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19. In Public Notice CRTC 1999-120, the Commission proposed that infomercials, public service announcements, promotional videos, and corporate videos/films, such as those produced by groups and business for public relations, recruitment, etc., would be excluded from the television program content categories. They would not be considered programs for the purposes of the Television Regulations, 1987, the Pay Television Regulations, 1990 orthe Specialty Service Regulations, 1990. The Commission also noted that it would continue to consider this material as non-Canadian for the purposes of Canadian content requirements.
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20. The Commission also proposed to exclude productions of less than 5 minutes in duration that are comprised primarily of stock footage.
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21. The Commission proposed to apply this policy to promotional videos, and corporate videos/films, such as those produced by groups and business for public relations, recruitment, etc. However, the Commission received many comments, mainly from broadcasters, objecting to the designation of infomercials, public service announcements and stock footage as programming without categories. In light of these comments, the Commission has reconsidered its approach to the treatment of each of these types of programming.
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Infomercials
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22. Broadcasters expressed concerns that under the Commission’s proposed definitions, infomercials would now be considered foreign content, which would contradict the logging instructions set out in Public Notice CRTC 1995-93.
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23. The Commission notes that, despite the fact that licensees are instructed to log infomercials as having no program nationality, in practice infomercials are included in the total number of hours of programs broadcast by licensees. In effect, since they are not counted as Canadian content, they count as non-Canadian content for the purpose of calculating compliance with regulations and conditions of licence.
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24. The Commission intends to maintain this practice. However, in order to avoid any confusion as to whether infomercials are considered Canadian content, in future the Commission will consider infomercials to be "programs" that are not eligible for Canadian program recognition. As a result, infomercials will count as non-Canadian for regulatory purposes. Infomercials will henceforth be logged under a new content category number together with promotional and corporate videos, which are also not eligible for Canadian recognition.
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Productions of less than 5 minutes in duration that are comprised primarily of stock footage
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25. Broadcasters objected to the exclusion of productions comprised primarily of stock footage as a legitimate Canadian program category. The SPTV argued that these short programs can be a valuable program format to many pay and specialty licensees, serving as interstitial programming which is necessary due to the varied length of the core programming carried by these services. Several parties pointed out that short programs often require significant creative input and can create a memorable impression on a viewer.
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26. The Commission’s proposal to exclude stock footage referred to interstitials of 5 minutes or less in duration that are comprised of primarily stock library or archival footage. It was also intended to exclude productions under five minutes that consist of the repackaging or adaptation of excerpts from existing productions.
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27. The Commission notes that the number of such interstitials that are submitted to the CRTC for certification has grown significantly over the last year. This is due, in part, to the fact that foreign programs are becoming shorter. Since Canadian broadcasters can insert into any clock hour only 12 minutes of advertising, plus promotions of Canadian programs and 30 seconds of public service announcements, there is an increasing demand for interstitials on conventional and specialty television, to round out the programming hour. However, certifying these short productions can be time-consuming, while longer programs can suffer delays in the certification process.
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28. The Commission agrees with comments made by interveners and recognizes the necessity for broadcasters to use interstitials to round out their programming schedules. As a result, the Commission has determined that in future, programs less than 5 minutes in duration except for News (category 1) that meet the criteria for recognition applicable to longer programs, will be considered Canadian programs. There will be no requirement for parties to submit these programs for certification unless specifically requested to do so. These programs will be logged under a new program category.
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29. The Commission notes, however, that over the past several years, it has received many applications for certification of interstitials containing "commercial tie-ins" of one type or another. These have been rejected for Canadian program recognition because they were intended to sell or promote goods, services, natural resources or activities. In other words, they fall under the definition of advertising material. The Commission reminds licensees that such material must not be logged under the new category for interstitials.
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30. Public Notice CRTC 1984-94 clarified that news and public affairs programs produced by licensees automatically qualify as Canadian, without meeting any other criteria.
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Public service announcements (PSAs)
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31. Broadcasters also expressed concern about the designation of PSAs as programming without a category. They argued that PSAs should continue to be treated as advertising material and should be logged as the same nationality as whatever program they are inserted into according to the Commission’s existing policy. They sought clarification that this policy will be retained.
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32. The Commission acknowledges that under the current regulations, PSAs are treated as advertising material and are logged as the same nationality as the program into which they are inserted when they are aired within the 12.5 minutes permitted for advertising during a clock hour (12 minutes of advertising plus 30 seconds of PSAs). However, partly because of the lack of a precise definition for PSAs, there have been a number of applications seeking Canadian content certification for messages of this type.
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33. The Commission considers PSAs to be a valuable type of programming. The Commission has encouraged licensees to air them through the 30-second advertising "bonus". At the same time, the "30-second rule" also served to limit the amount of clutter aired by broadcasters.
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34. However, it may not be possible to control this clutter in the future. With foreign programs getting shorter, conventional and specialty broadcasters are using more interstitials and PSAs to round out their schedules. Therefore, in keeping with the policy set out above for interstitials, the Commission will consider all PSAs that meet the criteria for recognition to be Canadian programs. There will be no need for parties to submit these programs for certification unless specifically requested to do so by the Commission. As a result, the Commission will amend the Television Broadcasting Regulations, 1987 and the Specialty Services Regulations, 1990 to remove the designation of a PSA as advertising material. A new program category will be created for PSAs.
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35. PSAs are now defined as follows:
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Messages of less than 5 minutes duration intended to educate the audience about issues of public concern, encourage public support and awareness of a worthy cause, or promote the work of a non-profit group or organization dedicated to enhancing the quality of life in local communities or in society or the world at large. These include community billboards. These messages are not intended to sell or promote goods or commercial services. No payment is exchanged between broadcasters and producers for the broadcast of these messages.
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36. The Commission reminds broadcasters that advertising material must not be logged as PSAs. It also notes that commercial messages inserted within or adjacent to PSAs and interstitials do not take on the nationality of the interstitial or PSA when the interstitial or PSA appears during a longer program, but rather take on the nationality of the longer program.
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Time credits for Canadian drama
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Criteria for time credits
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37. The majority of parties were in general agreement with the criteria proposed in Public Notice CRTC 1999-120 to determine qualification for the new 150% and 125% time credits to be used initially by the four largest multi-station broadcasting groups. As a result, the Commission will adopt these criteria which are set out in Appendix II to this notice.
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Removal of time credit for drama broadcast in "children’s prime time"
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38. A number of parties sought clarification on whether the time credit would still be available to broadcasters airing children’s drama in appropriate viewing times for children ("children’s prime time"). These parties also argued that the exclusion of children’s prime time from the time credits will have a significant negative impact on the production and broadcast of children’s drama on conventional television. Further, it was argued that Canadian children would increasingly watch foreign children’s programming, carried by foreign broadcasters, which, in turn, will send Canadian children’s advertisers to foreign broadcasters.
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39. The Commission confirms that the 150% and 125% time credits for drama will not be available for dramatic programs that are shown outside peak viewing hours (7:00 p.m. to 11:00 p.m.).
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40. The Commission has examined the amount of children’s programming broadcast by both private and public broadcasters and concluded that there was a sufficient amount available to audiences. In Public Notice CRTC 1999-97, it stated:
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The majority of conventional English- and French-language television broadcasters offer children’s programming on a regular basis, and the system as a whole provides a wide variety of Canadian and foreign programming directed to children and youth. In addition, children’s programs have an extended life cycle, as ‘evergreen’ programming enjoyed by many generations. The recognition of the excellence of Canadian children’s programs, and its exportability ensure its availability without a regulatory requirement.
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41. The Commission’s decision to expand the definition of peak time to between 7 p.m. and 11 p.m. will provide an appropriate viewing time for family programs. Eligible family dramas scheduled in this period will receive either the 150% or the 125% bonus.
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42. Children’s programming is eligible for funding as a distinct category under the CTF and a number of other production funds, including the Shaw Children’s Programming Fund.
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43. The Commission also notes that applying the 150% and 125% credits to children’s programming shown throughout the day could allow licensees who broadcast a great deal of children’s programming to drastically reduce the number of hours of priority programming broadcast during the 7 p.m. to 11 p.m. peak viewing period.
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44. Based on the factors outlined above, the Commission has concluded that licensees forming part of the largest multi-station ownership groups do not need an additional incentive to broadcast Canadian children’s drama programming. However, the Commission notes that a bonus is still available to conventional television stations that are not part of the largest multi-station ownership groups which, for the immediate future, will continue to have access to the current 150% credit as set out in Public Notice CRTC 1984-94.
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45. Notwithstanding the above, the Commission acknowledges the potential risk of a decrease in the production and broadcast of children’s drama without availability of the current 150% incentive to the largest groups. Therefore, the Commission will continue to monitor the availability of Canadian children’s programming in the broadcasting system and, if necessary, consider the introduction of exhibition requirements for children’s programming for individual licensees at licence renewal.
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Number of showings
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46. The Commission also sought comment on the need to limit the number of broadcasts during the two-year period for which a production can qualify for the time credit. Parties were divided on this issue with producers seeking a limit of three to five broadcasts and broadcasters proposing unlimited broadcasts. Some broadcasters also sought clarification as to when the two-year window for the time credit should begin. They urged the Commission to determine that the two-year clock does not start to run until the program is broadcast on conventional as opposed to pay or specialty television.
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47. The Commission agrees that unlimited broadcasts of a production may devalue productions and discourage the use of new production. Therefore, the Commission will limit the number of broadcasts during the two-year period for which a production can qualify for the time credit to three broadcasts for each licensee who claims the credit.
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48. The Commission also recognizes that the policy announced in Public Notice CRTC 1999-97 modifies the eligible time period from the current practice under the existing credit of a two-year window for each licensee to a two-year period from the date of the first broadcast by a licensee in the same market. The policy rationale for this change was to support the creation of new production. In other words, it was to prevent broadcasters from receiving the 150% or 125% credit for dramas that have been broadcast in the same market for more than two years.
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49. The Commission considers that this new policy should be maintained. It will provide sufficient exposure for new Canadian dramas (each drama bonused for two years in a market), while at the same time, serve as a catalyst for new production.
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50. The Commission agrees with the views of some broadcasters, however, that the two-year clock should not start to run until the program is broadcast on a conventional or specialty service as opposed to pay television. In its submission, the CAB pointed out that it is becoming more common for pay services to obtain an exclusive licence for a program for a period of 18 months, leaving little time for conventional licensees to qualify for the credit.
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Co-ventures and co-productions
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51. The majority of parties considered that co-ventures and co-productions undertaken with non-Canadian producers should qualify for the 150% and 125% time credits if they meet the requirements.
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52. The Commission agrees with this position and therefore, will award the 150% or the 125% bonus to co-ventures and co-productions in the subcategories 7a) to 7e) Drama and Comedy that meet the criteria set out in Appendix II to this notice.
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Secretary General
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This notice is available in alternative format upon request, and may also be viewed at the following Internet site: http://www.crtc.gc.ca
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Appendix I to Public Notice CRTC 1999-205
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I. New types of priority programs
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Canadian long-form documentary programs
See subcategory 2 b) below.
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Canadian regionally-produced programs
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English-language 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 in which the principal photography occurred on Vancouver Island will also be considered regionally produced programs.
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French-language 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.
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Programs of News (Category 1), Analysis & Interpretation (Category 2), Reporting & Actualities (Category 3) and Sports (Category 6) are excluded.
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Where regionally-produced programs are logged, the program class must be "REG".
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Canadian entertainment magazine programs
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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 the promotion of Canadian entertainment, including television programs, movies, soundtracks, plays, music, musical and performing arts events, performance artists and off-screen personnel associated with these activities and artists. Such programs may include only brief clips of performances. Where Canadian entertainment magazine programs are logged, the program class must be "MAG".
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II. Television program categories
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Category 1 News
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Newscasts, newsbreaks, and headlines. Programs reporting on local, regional, national, and international events. Such programs may include weather reports, sportscasts, community news, and other related features or segments contained within "News Programs."
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Category 2a) Analysis and Interpretation
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Programs on various topics that include analysis or discussion, for example, talk or panel shows, consumer affairs or reviews, newsmagazines and documentaries that do not fall under category 2b). This category excludes programs presenting information primarily for entertainment value.
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The Commission notes that "Docutainment" programs, gossip or entertainment talk shows fall more appropriately under category 11. Lifestyle magazine shows generally fall under category 5b.
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Category 2 b) Long-form documentary
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Original works of non-fiction, primarily designed to inform but may also educate and entertain, 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 shall not be used as commercial vehicles.
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Category 3 Reporting & Actualities
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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.
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Category 4 Religion
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Programs dealing with religion and religious teachings, as well as discussions of the human spiritual condition.
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Category 5a) Formal Education & Pre-school
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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 (ages 2-5) except those that are primarily comprised of drama.
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Category 5b) Informal Education/Recreation & Leisure
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Programs presenting information on recreation, hobby and skill development, recreational sports and outdoor activities, travel and leisure, employment opportunities, and talk shows of an informative ("how-to") nature.
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Category 6 Sports:
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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, scripted sports, call-in and talk shows, etc.). This category includes the following sub-categories:
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Category 6(a) Professional sports
Category 6(b) Amateur sports
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Documentaries on sports-related topics fall under category 2. Programs on leisure and recreational sports fall under category 5b).
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Music and Entertainment
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Category 7 Drama and Comedy
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Entertainment productions of a fictional nature, including dramatisations of real events. They must be comprised primarily of (i.e. more than 50%) dramatic performances. Category 7 includes the following subcategories:
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a) On-going dramatic series
b) On-going comedy series (sitcoms);
c) Specials, mini-series, and made-for-TV feature films;
d) Theatrical feature films aired on television;
e) Animated television programs and films (excludes computer graphic productions without story lines);
f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; and
g) Other drama, including, but not limited to, readings, narratives, improvisations, tapes/films of live theatre not developed specifically for television, experimental shorts, video clips, continuous action animation (e.g. puppet shows).
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Category 8a) Music and dance
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Programs comprised primarily (i.e. more than 50%) of live or pre-recorded performances of music and/or dance, including opera, operetta, ballet, and musicals. The performance portion excludes videoclips, voice-overs or musical performances used as background.
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Category 8b) Music video clips
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Short film or videotape productions or concert excerpts (clips) not produced primarily for the particular program in which they are presented, which normally contain one musical selection with visual material.
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Category 8c) Music video programs
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Programs consisting primarily (i.e. more than 50%) of music videos and in some cases including a host and other programming elements.
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Category 9 Variety
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Programs containing primarily (i.e. more than 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 exhibitions, comedy sketches, monologues, magic, etc.
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Category 10 Game shows
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Programs featuring games of skill and chance as well as quizzes.
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Category 11 General entertainment and human interest
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Programs primarily about the world of entertainment and its people. These programs include 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 in-depth analysis or interpretation; and coverage of community events such as carnivals, festivals, parades and fashion shows.
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Programs consisting primarily (i.e. more than 50%) of performances fall under categories 7, 8 or 9.
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Other
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Category 12 Interstitials
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Programs with a running time of less than 5 minutes, exclusive of advertising and other interstitial material, consisting of material that can be described under categories 2 to 11.
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Category 13 Public service announcements
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Messages of less than 5 minutes duration intended to educate the audience about issues of public concern, encourage public support and awareness of a worthy cause, or promote the work of a non-profit group or organization dedicated to enhancing the quality of life in local communities or in society or the world at large. These include community billboards. These messages are not intended to sell or promote goods or commercial services. No payment is exchanged between broadcasters and producers for the broadcast of these messages.
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When public service announcements are logged, the start and end times must be entered, the program class must be "PSA" and two components of the key figure must be recorded: "Origin" and "Category" (130). No other components should be entered.
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Category 14 Infomercials, promotional and corporate videos
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Programming exceeding 12 minutes in length that combines information and/or entertainment with the sale or promotion of goods or services into a virtually indistinguishable whole. This category includes videos and films of any length produced by individuals, groups and businesses for public relations, recruitment, etc.
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When this material is logged, the start and end times must be entered, the program class must be "PGI", and the category 140. No other components of the key figure should be entered.
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Category 15 Filler programming
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Programming, in no case longer than 30 minutes in duration, the purpose of which is to fill in the time between the presentation of the major programs broadcast by the licensed pay services and those specialty services authorized to distribute filler programming, and includes material that promotes the programs or services provided by the licensee.
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