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ARCHIVED - Public Notice CRTC 2000-127

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  Public Notice CRTC 2000-127
  Ottawa, 1 September 2000
  Call for comments on a licensing framework for low-power community television undertakings in urban areas, and in other markets not covered by existing policy
  Summary
  The Commission seeks comment on issues relating to a new policy framework for low-power community television stations operating in markets other than those remote or underserved communities of a type described in Public Notice CRTC 1987-8.
  Background

1.

Low-power television stations operate with a transmitter power of 50 watts or less on the VHF band, or 500 watts or less on the UHF band. Due to their limited effective radiated power, their Grade B service contour does not exceed 12 kilometres in any direction from the antenna site. The coverage that they provide is therefore much more limited than that of regular class television stations.

2.

As well, low-power television stations are secondary assignments in relation to regular class stations, and are established on an unprotected basis with respect to the frequency band that they occupy. This means that they have no protection from interference by regular class stations. However, in the event that a low-power station causes interference to a regular station, the low-power station could be required to change its assigned channel or to cease operation in the event that no replacement channel could be found. Low-power television stations are, however, entitled to protection from other low-power stations that are established at a later date.
  Policy for remote stations

3.

In PN 1987-8 entitled Regulations respecting television broadcasting, the Commission outlined a policy for low-power television in remote or underserved communities. The notice referred to such undertakings as "remote stations."

4.

According to the policy, remote stations should develop community-oriented programming that contributes to the diversity of television services within the community. Although the policy allows for the broadcast of non-Canadian programs, it stipulates that a remote station must also fulfil the requirements of the television regulations or any condition of licence regarding Canadian content, as well as meet its responsibilities with respect to community-oriented programming. Advertising is also permissible under the policy, in accordance either with the television regulations or as stipulated by condition of licence.

5.

Although the Commission's policy does not preclude profit-oriented ownership arrangements, it states that remote stations should be owned by organizations whose membership is primarily made up of representatives of the community at large.

6.

In its policy, the Commission identified a number of further criteria that it would use in considering an application proposing a new low-power television undertaking. Among other things, the Commission stated that the undertaking should serve a community that has no competing local or regional television service currently providing television programming to it and selling television advertisementsin the community on a regular basis. The Commission added that the area to be served should have no local community cable channel operating on a regular basis at the time of application. Although the policy made provision for the use of higher power transmitters in exceptional circumstances, it stipulated that remote stations should generally deliver their services using low-power transmitters.
  Development of a low-power television policy for communities that are not remote or underserved

7.

The Commission considers that it is now appropriate to develop a policy framework for low-power community stations that would operate alongside existing over-the-air television stations in urban areas or in other markets not covered by the policy for remote stations. It considers that such stations have the potential to make a contribution to the goals set out in the Broadcasting Act, especially with respect to the provision of local community-based programming. It notes further that the deployment of digital distribution technology by cable distributors over the next few years may well make it possible for such services to be distributed by cable systems in a more targeted manner.

8.

Accordingly, the Commission seeks public comment on a number of specific issues relating to the formulation of an overall policy framework that could govern low-power community television undertakings serving those markets not covered by the existing policy for remote stations. Interested parties are also welcome to comment on other issues that they consider relevant to this proceeding.
  Issues
  Community ownership and control

9.

In its community radio policy set out in Public Notice CRTC 2000-13, the Commission has defined a community radio station as being owned and controlled by a not-for-profit organization, the structure of which provides for membership, management, operation and programming by members of the community at large.

10.

With regard to low-power community television undertakings in urban markets or in other markets not covered by the policy for remote stations, the Commission seeks comment on the following questions:
 
  • Should such undertakings be owned and controlled by an organization whose membership is primarily made up of representatives of the community at large?
 
  • Should ownership of such undertakings always reside in the community that the undertaking serves?
 
  • Should profit-oriented ownership arrangements be accepted, or should such undertakings be not-for-profit only?
  Participation by the community

11.

The Commission's community radio policy expects licensees to facilitate community access to their programming, and to promote the availability of training opportunities for those who wish to participate in programming. The Commission seeks comment on the following:
 
  • Should low-power community television licensees in urban areas, or in other markets not covered by the policy for remote stations be required to make use of volunteers and/or provide for ongoing training of community participants?
 
  • Should such undertakings facilitate community access to programming? If so, how should this be done?
  Community cable channel

12.

Under the Commission's 1987 policy for remote television stations, one criterion for considering applications is that the community should have no local cable community channel operating on a regular basis. The Commission's Broadcasting Distribution Regulations no longer require cable licensees to provide a community channel. The Commission seeks comments on the following:
 
  • Should low-power community television stations in urban areas and in other markets not covered by the policy for remote stations be licensed in markets that are served by cable community channels?
  Programming

13.

Conventional television stations must fulfil a number of regulatory obligations. The Television Broadcasting Regulations, 1987 require private television licensees to devote not less than 60% of the broadcast year, and not less than 50% of the evening broadcast period (6 p.m. to midnight) to Canadian programs.

14.

As well, the Commission's new television policy Building on success – A policy framework for Canadian television (Public Notice CRTC 1999-97) establishes certain program genres as priority categories. The Commission also imposes conditions of licence with respect to issues of broad social concern including violence in programming, gender portrayal and advertising to children.

15.

In view of the above, the Commission seeks comments on the following questions relating to programming on low-power community television undertakings in urban areas, and in other market not covered by the policy for remote stations:
 
  • Should such undertakings have higher Canadian content requirements than conventional stations? If so, what should be the minimum requirements?
 
  • Should a minimum percentage of the program schedule be produced locally and/or reflect local concerns? If so, what should be the minimum percentage?
 
  • Should such undertakings be expected to provide programming in the priority categories?
 
  • What safeguards should be put in place to ensure that a station retains its community focus?
 
  • Should the CRTC policies with respect to social concerns (violence, gender portrayal, advertising to children, closed captioning) apply?
 
  • What should be expected from such stations with respect to reflecting the cultural diversity present in their communities?
 
  • What program logging and other reporting requirements are appropriate?
  Carriage requirements for broadcast distribution undertakings (BDUs)

16.

Under the Commission's Broadcasting Distribution Regulations, all BDU licensees are required to distribute local television stations, on a priority basis, as part of their basic service. This requirement also applies to low-power services.

17.

In view of the above, the Commission seeks comment on the following issues related to the distribution requirements applicable to low-power community television undertakings in urban areas, and in other markets not covered by the policy for remote stations:
 
  • Should Class 1 and Class 2 distribution undertakings be required to distribute low-power community television stations as part of their analog offering, according to the current priority rules? Should distribution be required on a basis other than the current priority rules? For example, should distribution on the basic service be required, but channel placement be at the discretion of distributors?
 
  • Should such distribution be required only in the geographic area to be served?
 
  • Should distribution of these services be required only on a digital basis?
 
  • Should distribution of low-power community television undertakings be at the discretion of BDUs?
  Spectrum concerns

18.

Spectrum space for low-power over-the-air stations could be cause for concern, especially during the transition phase from analog to digital transmission when each existing station may require the use of both its current analog over-the-air channel and a digital over-the-air channel. Larger markets may not have sufficient spectrum space to accommodate the current conventional television stations as well as a number of low-power stations. In view of this, the Commission seeks comment on the following:
 
  • Given the limited analog and digital over-the-air spectrum available in major urban areas, is low-power community television the optimal use of this public resource?
 
  • To what extent should low-power services adjust their technical parameters (antenna pattern, antenna height and transmitter power) so as to cover only the community to be served as precisely as possible, and should they be required to do so?
 
  • Are there other, more effective methods to serve communities with local programming?
  Advertising

19.

The Television Broadcasting Regulations, 1987 state that conventional stations shall not broadcast more than 12 minutes of advertising material in any clock hour in a broadcast day. The Commission seeks comment on a policy for low-power stations in this regard.
 
  • Should such undertakings be required to limit advertising to less than 12 minutes per hour?
 
  • Should such undertakings be restricted to the sale of local advertising only?
  Other matters

20.

This notice poses questions on specific issues relating to the formulation of an overall policy framework that could govern low-power community television stations not covered by the existing policy for remote stations. Although a separate policy may thus emerge from this proceeding, the Commission does not wish to preclude the formulation of a single policy – one that would apply to all low-power community television stations, both those in remote and underserved communities and others that might be licensed to operate alongside existing over-the-air television stations in urban areas or in other communities not covered by the policy for remote stations. Accordingly, the Commission seeks comment on the following questions:
 
  • Should any policy framework that emerges from this proceeding with respect to low-power community television stations in urban areas and smaller communities be combined with the Commission's existing policy on remote television stations?
 
  • What changes, if any, should be made to the existing policy for remote stations?

21.

After it has analysed comments on these issues, the Commission intends to issue a draft policy for further public comment.
  Call for comments

22.

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 30 October 2000.

23.

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

24.

Interested parties can file their comments on paper or electronically. Submissions longer than five pages should include a summary.

25.

The "hard copy" should be sent to the Secretary General, CRTC, Ottawa, K1A 0N2.

26.

Parties are encouraged to file electronic versions of their comments and can do so by email or on diskette. The Commission email address is procedure@crtc.gc.ca

27.

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.

28.

Please number each paragraph of your submission. 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.

29.

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.

30.

The Commission also encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their comments.
  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 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218
  Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721
  405 de Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607 - TDD: 283-8316
Fax: (514) 283-3689
  55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
Fax: (416) 954-6343
  Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317
  Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
Fax: (306) 780-3319
  10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
Fax: (780) 495-3214
  530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322
  Related CRTC documents
  • Decision 2000-340 – Denial of a low-power television station in Toronto
  • Public Notice 1987-8 – Regulations respecting television broadcasting
  Secretary General
  This document 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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