ARCHIVED -  Public Notice CRTC 1999-206

Public Notice CRTC 1999-206

See also: 1999-206-1

Ottawa, 23 December 1999

Implementation of TV Policy

Summary

In order to implement key elements of its new television policy framework, the Commission proposes to, subject to public comment, amend or add conditions of licence regarding certain types of Canadian programs. At this time the changes are proposed to affect only those stations that are part of the largest multi-station ownership groups in Canada. The Commission invites interested parties to comment on the effectiveness of the wording of the proposed conditions of licence and on the specific licences to be amended.

Background

1. On 11 June 1999, the Commission published Building on Success – A policy framework for Canadian television, Public Notice CRTC 1999-97.

2. A central element of the new policy framework is a focus on priority program categories and the implementation of a new requirement that the largest multi-station groups broadcast, at a minimum, an average of 8 hours per week of such programs during the peak viewing period of 7 p.m. – 11 p.m. The Commission's new television policy also states that conditions of licence with respect to expenditures on Canadian programming will be eliminated for the largest multi-station groups.

3. In order to ensure a flexible and equitable regulatory framework, the Commission determined that the requirement for the minimum average of 8 hours per week of priority programs would be imposed, by amendment to existing conditions of licence, on all the conventional television licences controlled by CTV Network Ltd. (CTV), TVA Group Inc. (TVA), Global Communications Ltd. (Global) and WIC Western International Communications Ltd. (WIC). The new amended conditions of licence would replace existing conditions relating to the exhibition of Canadian priority programs in peak viewing periods and/or expenditure requirements.

4. The Commission notes that no existing exhibition or expenditure requirements or conditions reflecting commitments made as a public benefit in connection with a transfer of ownership or control will be amended as part of this process.

5. In addition, the Commission stated in the television policy that it would introduce a new approach to time credits for Canadian dramatic programs for the four largest multi-station groups. The new dramatic programming credit, as set out in Public Notice CRTC 1999-205, will, for stations of these groups, replace the criteria set out in Public Notice CRTC 1984-94.

6. It is the Commission's intention that all changes take effect on 1 September 2000.

Definitions

7. In Public Notice CRTC 1999-120, dated 22 July 1999, the Commission sought public comment on the proposed definitions of priority programs, revisions to the definitions of television content categories, and the proposed criteria for time credits for Canadian dramatic programs. These definitions are central to the implementation of the proposed conditions of licence with respect to priority programs.

8. In Public Notice CRTC 1999-205 of today's date, the Commission has set out the final definitions for priority programs, television content categories and the criteria for the new time credits relating to Canadian dramatic programs.

Proposed conditions of licence for priority programming and time credits for Canadian drama

9. The Commission proposes that all conventional television licences controlled by CTV, TVA, Global and WIC be amended by removing the conditions of licence identified in Appendix 1. As part of this process, the Commission introduces new conditions of licence applicable to licences identified in Appendix 1.

10. The Commission proposes the following text for the amended conditions of licence:

1) Effective 1 September 2000, the licensee shall broadcast, at a minimum, in each broadcast year, an average of 8 hours per week of Canadian programs in the priority program categories between 7 p.m. and 11 p.m.

Priority Program Categories

The following types of programs (as set out in CRTC PN 1999-205) shall be considered priority programs for the purpose of the above condition of licence:

• Canadian drama programs (category 7)

• Canadian music and dance (category 8a), and variety programs (category 9)

• Canadian long-form documentaries (category 2b: see definition set out in CRTC PN 1999-205)

• Canadian regionally-produced programs (see definition set out in CRTC PN 1999-205) in all categories other than News and Information (categories 1, 2 and 3) and Sports (category 6)

• Canadian entertainment magazine programs (see definition set out in CRTC PN 1999-205)

2) Effective 1 September 2000, the licensee may claim a 150% credit against the required hours of priority Canadian programming for each category 7a) to 7e) dramatic program broadcast during the peak viewing period of 7 p.m. to 11 p.m., which:

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

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

c) is recognized as a Canadian program, qualifies for either a "C number" or an "SR number" from the Commission and achieves 10 points related to the key creative positions;

d) contains a minimum of 90% dramatic content.

3) Effective 1 September 2000, the licensee may claim a 125% credit against the required hours of priority Canadian programming for each category 7a) to 7e) dramatic program broadcast during the peak viewing period of 7 p.m. to 11 p.m., which:

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

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

c) is recognized as a Canadian program.

For the purposes of the above condition, the licensees are reminded that the new dramatic programming credit as set out in Public Notice CRTC 1999-205replaces the criteria set out in Public Notice CRTC 1984-94. As of 1 September 2000, licensees controlled by CTV, TVA, Global and WIC will no longer be entitled to claim the dramatic programming credit under the criteria set out in Public Notice CRTC 1984-94.

Public process

11. The Commission invites comment with respect to the effectiveness of the wording of the proposed condition of licence in implementing the Commission's policy and the specific licences proposed to be amended, as set out in Appendix 1. Also, licensees whose licences may not be amended by the Commission on its own motion, pursuant to section 9(1)(c) of the Broadcasting Act, are invited to submit applications with respect to these proposed amendments. Interested parties may file comments in a three-stage written process.

12. In the first stage, comments may be filed by the television licensees controlled by the four multi-station groups. Comments and applications with respect to the proposed amendments must be filed with the Commission no later than 7 February 2000.

13. In the second stage, other interested parties may file comments with respect to the Commission's proposals and/or the licensee's comments filed in stage 1. These comments must be filed with the Commission and the licensees concerned no later than 8 March 2000. Proof that a true copy has been filed with all four multi-station groups must accompany the original intervention sent to the Commission.

14. In the third and final stage, comments must be filed by the affected licensees by 28 March 2000.

15. All documents must be received, and not merely sent, by the dates indicated.

16. The Commission expects to release the decisions with the amended conditions of licence in the Spring of 2000.

Call for comments

17. The Commission invites written comments that address the issues and questions set out in this notice. The Commission will accept comments that it receives on or before the dates specified above.

18. 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

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

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

• Comments longer than five pages should include a summary.

20. Comments may be served on the four multi-station groups by sending copies to:

• Global Television Network
  81 Barber Greene Road
  Toronto, Ontario
  M3C 2A2
  Attention: Charlotte Bell
  Director, Public Relations & Regulatory Affairs

• CTV Inc.
  9 Channel Nine Court
  Toronto, Ontario
  M1S 4B5
  Attention: Mr. Robin A. Fillingham
  Executive Vice-President and Chief Financial Officer

• TVA Group Inc.
  1600 Boul. De Maisonneuve East
  Montréal, Quebec
  H2L 4P2
  Attention: Pierre-Louis Smith
  Director, Regulatory Affairs

• WIC Western International
  Communications Ltd.
  Suite 1204 - 155 Queen Street
  Ottawa, Ontario
  K1P 6L1
  Attention: Grant Buchanan
  Vice President,
  Corporate and Regulatory Affairs

21. 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

• 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.

• 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.

22. 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 3K8Tel: (902) 426-7997
TDD: 426-6997
Telecopier: (902) 426-2721

405 de Maisonneuve Blvd. East
2^nd Floor, Suite B2300
Montréal, Quebec
H2L 4J5
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
Scotia Place Tower Two
19^th Floor, Suite 1909
10060 Jasper Avenue
Edmonton, Alberta
T5J 3R8
Telephone: (780) 495-3224
Telecopier: (780) 495-3214

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 - 11^th Avenue
Room 103
Regina, Saskatchewan
S4P 3X3
Telephone: (306) 780-3422
Telecopier: (306) 780-3319

Secretary General

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

GLOBAL

TVA

WIC

Licence term¹