ARCHIVED - Decision CRTC 2001-256

Decision CRTC 2001-256

Ottawa, 7 May 2001

Société de télédiffusion du Québec
Montréal, Chapeau, Val-d'Or, Rouyn, Grand-Portage, Baie-Trinité, Carleton, Anse-aux-Gascons, Percé, Gaspé, Québec, Hull, Trois-Rivières, Sherbrooke, Chicoutimi, Rimouski and Sept-Îles, Quebec
2000-1817-8, 2000-1770-9

26 March 2001 Public Hearing
in Montréal

Licence renewals for the television network Télé-Québec and for CIVM-TV Montréal and its transmitters

1.

The Commission renews, from 1 June 2001 to 31 August 2007, the broadcasting licences for:

• the French-language television network of la Société de télédiffusion du Québec (Télé-Québec; the Société), and

• the television programming undertaking CIVM-TV Montréal and its transmitters CIVP-TV Chapeau, CIVA-TV Val-d'Or, CIVA-TV-1 Rouyn, CIVB-TV-1 Grand-Portage, CIVF-TV Baie-Trinité, CIVK-TV Carleton, CIVK-TV-1 Anse-aux-Gascons, CIVK-TV-2 Percé, CIVK-TV-3 Gaspé, CIVQ-TV Québec, CIVO-TV Hull, CIVC-TV Trois-Rivières, CIVS-TV Sherbrooke, CIVV-TV Chicoutimi, CIVB-TV Rimouski and CIVG-TV Sept-Îles.

Télé-Québec's television service

2.

Télé-Québec states its mission as follows: [ Translation] "The objective of the Société is to operate an educational and cultural broadcasting undertaking to ensure public access to its products by all broadcasting means. The Société may also operate a service for the production and distribution of audio-visual, multimedia and television broadcast material, including derivative merchandise and related documentation."

3.

In view of its mission, the applicant has formulated several strategic objectives, namely: [ Translation] "to strengthen Télé-Québec's distinctive positioning; to consolidate its programming; to include a regional dimension in all sectors of operation; to take advantage of new technologies; to strengthen the undertaking and increase its autonomy; to encourage flexibility and accountability at all levels of the organization."

Regional reflection

4.

Télé-Québec indicated that it intends to continue to enhance the diversity of its programming and to meet the needs and specific interests of the Quebec audience. Accordingly, the Société developed a rigorous programming process that is closely linked to its educational and cultural mission. It is not planning to produce programming specifically targeting cultural or racial minorities or aboriginals. However, it indicated that its cross-cultural policy takes into account the multicultural dimension. The Société added that it allows aboriginal organizations requesting the use of its facilities to do so.

Programming commitments

5.

In its renewal application, Télé-Québec stated that its 2000-2001 programming choices were made on the basis of strategies identified in its three-year plan. They were selected according to four main types of programming: youth, formal education, cultural, and information (public affairs, history and society, science and nature, services).

Priority programs

6.

Télé-Québec noted in its application that it has given prominence to several types of priority programs, particularly performing arts programming and Canadian long-form documentaries. The licensee made a commitment to broadcast, during the new licence term, an average of 9 hours each week of priority programming during the prime-time programming period (between 7p.m. and 11p.m.), as defined in Public Notice CRTC 1999-205.

Children's and youth programming

7.

Télé-Québec made a commitment to broadcast, during the new licence term, an average of 21 hours each week of Canadian programming targeting children between the ages of two and 11.

8.

The licensee, however, did not offer a commitment for programming targeting the 12 to 17 age group. The Société indicated that it prefers to concentrate on autonomous Canadian productions or co-productions targeting children ages two to 11, an audience that, in the past, has been attentive and responsive to quality educational programming intended for them. The Société did indicate that it will give special attention to the possible acquisition of quality educational programming specifically for youth ages 12 to 17 that could be included in its programming.

9.

In this regard, the Commission notes the interventions submitted by the Union des artistes and by SARTEC suggesting that Télé-Québec build on the success it has achieved with programs such as "Cornemuse" or "Macaroni Tout Garni", which can play a role similar to "Passe-Partout", as a cultural reference for an entire generation.

Independent production

10.

In its application, Télé-Québec indicated that during the current licence term, it implemented a plan to reduce its staff due to a decrease in its yearly operating subsidy. Accordingly, between 1994-1995 and 1996-1997, the total number of hours of original, in-house production dropped by 57%, while the number of hours dedicated to independent production increased by 62%.

11.

The Commission notes that, on average, independent production expenditures for the period of 1998-1999 to 2000-2001 have remained at 70% of Télé-Québec's programming budget. While Télé-Québec did not specify what its objectives are in this regard for the upcoming licence term, the Commission notes that in choosing external productions, the licensee can obtain programs whose value is greater than its investment because of the leverage effect associated with support measures for private productions.

Closed captioning

12.

The licensee has shown a steady increase in closed captioning, from 772 hours in 1993 to 2,060 hours in 1999. The Société proposed to increase the level of captioning of its programs to 45% in the first year of the new licence term and to 75% in the final year.

13.

The licensee also asked to be relieved of the requirement set out in the television policy to close caption 90% of its programming before the licence term expires. It, however, specified that changing costs and new technologies may enable it to achieve 90% captioning before its licence term expires. The licensee noted that it is participating in a working group, along with other broadcasters, to develop closed captioning technologies that would be affordable to all concerned.

14.

The Commission expects the licensee to close caption, by the end of the fifth year of the new licence term, 75% of prime time programming (7 p.m. to 11 p.m.). The Commission also encourages the Société to provide closed captioning for 75% of all programming aired over the broadcast day by the end of the licence term.

Amendment to advertising code

15.

The licensee proposed to amend its advertising code of conduct as follows:

• by increasing the time devoted to the broadcast of commercial messages from 6 to 8 minutes per hour, to a maximum of 800 minutes each week. The licensee stated that it would never interrupt programs for children (two to 11 age group) to broadcast a commercial message.

• by adding alcoholic products to the list of products eligible for on-air advertising, including spirits, beer, wine and cider. The licensee indicated that no commercial message for an alcoholic product would be broadcast during the time periods allocated for children's or youth programming (2 to 17 age group).

16.

The Commission has no concerns with respect to Télé-Québec maintaining its distinctive character, despite the proposed amendments. The Commission has also noted the licensee's arguments that, except in 1999-2000, its advertising revenue and market share have decreased, that the flexibility provided by the proposed amendments would result in a maximum of 6.3 minutes of commercials each hour on average, and the additional revenue generated would be marginal in the industry as a whole, but significant for Télé-Québec in terms of maintaining programming quality. The Commission therefore approves the above amendments. It, nevertheless, expects Télé-Québec to honour its advertising code.

Other matters

17.

Conditions of licence regarding Canadian content and industry codes are included in the appendix to this decision.

18.

The Commission acknowledges the interventions submitted regarding these applications and the licensee's response to comments presented by interveners.

Related CRTC documents

• Decisions 92-566, 98-506 and 2000-339 - Previous licence renewals

• Public Notice 1999-97 - A policy framework for Canadian television

• Public Notice 1999-205 - 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.

Secretary General

This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca 

Appendix to Decision CRTC 2001-256

Terms and conditions of the licences for Société de télédiffusion du Québec

Terms of licence

The licences are renewed from 1 June 2001 to 31 August 2007.

Section 22 of the Broadcasting Act states that the Commission may not renew a licence unless the Department of Industry has certified that the licensee has been or will be issued a broadcasting certificate. Accordingly, these renewals are subject to the issuance of technical certifications by the Department of Industry.

Conditions of licence

The licences are subject to the following conditions and to any other condition specified in the licences to be issued.

During each broadcast year, the licensee must devote to the distribution of Canadian programs:

• not less than 60% of the broadcast day;

• not less than 52% of the evening broadcast period (6 p.m. to midnight).

The licensee must adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-role portrayal code for television and radio programming, as amended from time to time and approved by the Commission.

The licensee must adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

The licensee must adhere to the guidelines on the depiction of violence in television programming set out in the CAB's Voluntary code regarding violence in television programming, as amended from time to time and approved by the Commission.

Commitments

Télé-Québec made a commitment to broadcast an average of 21 hours each week of Canadian programming targeting children between the ages of two and 11.

The licensee made a commitment to devote, on average, 9 hours each broadcast week to priority programming.

Expectations

The Commission expects the licensee to close caption, by the end of the fifth year of the new licence term, 75% of prime time programming (7 p.m. to 11 p.m.). The Commission also encourages the Société to provide closed captioning for 75% of all programming aired over the broadcast day by the end of the licence term.

The Commission expects Télé-Québec to honour its advertising code, as amended in December 2000.

Definitions

For purposes of this decision,

"Canadian program" means a program that qualifies as a Canadian program in accordance with the criteria established by the Commission in Appendices I and II to Public Notice CRTC 2000-42 dated March 17, 2000, entitled Certification for Canadian Programs - A Revised Approach and published in the Canada Gazette, Part I, on May 20, 2000;

"priority programming" type of programs set out in Appendix I of Public Notice CRTC 1999-205 entitled 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

"broadcast day" shall have the same meaning as that set out in section 2 of the Television Broadcasting Regulations, 1987.

"broadcast year" means the period from 1 September to 31 August and each twelve-month period thereafter beginning on 1 September.