ARCHIVED - Decision CRTC 2001-734

Decision CRTC 2001-734

Ottawa, 29 November 2001

The Sports Network Inc.
Across Canada 2001-0216-1

19 June 2001 Public Hearing
National Capital Region

Licence renewal for The Sports Network

The Commission renews the licence for the specialty service « The Sports Network » for a full licence term. The Commission approves the licensee's proposal to increase the percentage of programming that it must devote to the broadcast of Canadian programs during the broadcast day from 50% to 55%. The Commission also approves the licensee's proposal to increase its expenditures on amateur sports programming.

1.

The Commission renews the licence for the national English-language specialty television service, The Sports Network, from 1 December 2001 to 31 August 2008. The licence will be subject to the conditions specified in the appendix to this decision and in the licence to be issued.

2.

As announced in Notice of Public Hearing 2001-5, the licensee, in its renewal application, proposed several amendments to its conditions of licence. In its reply to interventions dated 4 June 2001, the licensee subsequently indicated that the only amendment it wished to pursue involved increasing the minimum level of Canadian programming broadcast during each broadcast day from 50% to 55% and to increase its spending on amateur sports. This proposed amendment is discussed below.

Canadian programming on TSN's split feeds

3.

As set out in the service's nature of service condition of licence, the licensee may distribute separate regional programming in place of its national service to affiliated distribution undertakings provided that the hours devoted to such regional programming do not exceed 10% of the licensee's quarterly program schedule.

4.

As part of TSN's performance evaluation for its 1999/2000 broadcast year, the Commission noted an apparent shortfall in the level of Canadian content aired during the evening broadcast period (6 p.m. to midnight).

5.

The licensee clarified that for purposes of fulfilling its Canadian content obligations, its practice was to add together the programs broadcast on both its national and regional feed as one single service with one combined Canadian content level.

6.

The Commission notes the licensee's interpretation concerning its Canadian content distribution on its two broadcast feeds. Additionally, the Commission notes the licensee's commitment that it was prepared to accept a requirement that, in future, TSN's Canadian content levels must be met on each of its feeds. A condition of licence to that effect is now set out in the appendix to this decision.

Exhibition of Canadian programming

7.

For the new licence term, the licensee proposed to increase the percentage of programming that it devotes to the broadcast of Canadian programs during the broadcast day from 50% to 55%. The percentage of Canadian programs in the evening hours will remain at 60%. The Commission commends the licensee and approves the proposed increase. A condition of licence regarding the broadcast of Canadian programming is set out in the appendix to this decision.

Exposure for amateur sports

8.

The Commission considers the exposure given to Canadian amateur sports by TSN to be an important element of the service's reflection of Canada's people, places, events and leisure activities. TSN proposed to increase its expenditures on Canadian amateur sports. The licensee will devote, in the broadcast year beginning 1 September 2001, a minimum $5 million investment for the production or acquisition of Canadian amateur sports programming. In each subsequent broadcast year, TSN will increase this expenditure by 3%, to a total of at least $6 million in the last year of its licence term. The Commission approves this proposal and commends the licensee for this initiative. A condition of licence is set out in the appendix to this decision.

9.

The Commission notes the licensee's commitment to acquire 250 hours of original programming in each broadcast year from Canadian independent producers.

10.

The Commission further notes the licensee's commitment to distribute during each broadcast year a minimum of 1,400 hours of Canadian amateur sports programming.

11.

The Commission expects the licensee to broadcast Canadian amateur sports programming at a time that is attractive and convenient for subscribers, during the day-time and during the evening broadcast period. The Commission also encourages the licensee to provide "live" distribution of Canadian amateur sports events whenever possible.

Cultural diversity

12.

The Commission expects TSN, and all other specialty and pay television licensees, to contribute to a broadcasting system that accurately reflects the presence in Canada of cultural and racial minorities and Aboriginal peoples. The Commission further expects licensees to ensure that their on-screen portrayal of all such groups is accurate, fair and free of stereotypes. These expectations are fully in keeping with section 3(1)(d)(iii) of the Broadcasting Act, which states that the Canadian broadcasting system should, "through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of aboriginal peoples within that society."

13.

In Public Notice CRTC 2001-88, Representation of cultural diversity on television - Creation of an industry/community task force, the Commission called upon the Canadian Association of Broadcasters to develop an action plan for a joint industry/community task force. The role of this task force is to sponsor research, identify "best practices", and help define the issues and present practical solutions to ensure that the Canadian broadcasting system reflects all Canadians. In its notice, the Commission emphasized the importance of having the participation of all sectors of the broadcasting industry, including specialty services.

14.

The Sports Network is indirectly controlled by CTV Inc. In Decision CRTC 2001-457 dated 2 August 2001, which renewed the licences of the television stations controlled by CTV, the Commission indicated that it expects CTV to participate in the work of this task force and support it financially. The Commission expects CTV to represent its specialty as well as its conventional interests in this regard.

15.

The Commission notes that CTV has included its specialty services in its corporate plan on cultural diversity, submitted to the Commission on 2 November 2001, in accordance with Decision CRTC 2001-457.

On-air presence

16.

The Commission reminds the licensee that the expectations set out above with respect to cultural diversity are over and above the longstanding and more general expectations concerning employment equity in on-air presence. Specifically, the Commission expects the licensee to ensure that the on-air presence of members of the four designated groups (women, Aboriginal persons, disabled persons and members of visible minorities) is reflective of Canadian society, and that members of these groups are presented fairly and accurately.

Closed captioning

17.

The Commission is committed to improving service to television viewers who are deaf or hearing impaired. Over the period since the Commission announced its policy on closed captioning in Public Notice CRTC 1995-48, it has consistently encouraged broadcasters to increase the amount of captioned programming they provide. The Commission now requires the licensees of television, specialty and pay television undertakings to achieve a minimum level of captioned programming appropriate to the nature of the service that each provides. Generally, the specified minimum requirement is 90% of all programming.

18.

In the case of this service, the licensee indicated that it was prepared to provide captions for 90% of its programming in the seventh year of its licence term.

19.

Consistent with this commitment and with the Commission's general approach, it expects the licensee to gradually increase the level of captioning it provides and requires the licensee, by condition of licence, to achieve a minimum captioning level of 90% for all programming aired during the broadcast day, beginning not later than 1 September 2006 and continuing throughout the remainder of the licence term.

20.

The 90% obligation is based on the recognition that requiring 100% captioning at all times may not be reasonable or appropriate. Thus, the obligation is designed to provide some flexibility to cover unforeseen circumstances (such as late delivery of captions, technical malfunctions, or the lack of availability of captions for programs acquired outside North America), or programming where captioning may not be feasible, such as third language programming.

21.

The Commission expects the licensee to focus on improving the quality, reliability and accuracy of closed captioning, and to work with representatives of the deaf and hard of hearing community to ensure that captioning continues to meet their needs.

Service to the visually impaired

22.

In decisions issued last December, the Commission encouraged the licensees of new Category 1 specialty services, over their licence terms, to provide increasing amounts of programming accompanied by audio or video description. More recently, in decisions issued in the summer of this year renewing the licences for the television stations owned by CanWest Global, CTV and TVA, the Commission imposed conditions of licence regarding the provision of increasing amounts of such programming.

23.

"Audio description" and "video description" or "described video" are methods of improving the service that television broadcasters provide to the visually impaired. Audio description involves the provision of basic voice-overs of textual or graphic information displayed on the screen. A broadcaster providing audio description will, for example, not simply display sports scores on the screen, but also read them aloud so that the visually impaired can receive the information.

24.

Video description, or described video as it is also known, consists of narrative descriptions of a program's key visual elements so that people who are visually impaired are able to form a mental picture of what is occurring on the screen. These descriptions can be provided on the Secondary Audio Programming (SAP) channel. Not all broadcasters are currently equipped to deliver a SAP signal. Thus, the introduction of descriptive video via the SAP channel requires significant capital expenditures to upgrade a licensee's transmission facilities.

25.

The Commission notes the increasing amount of described programming available for acquisition, particularly from U.S. sources. It notes as well the encouragement given to the operators of the new category 1 specialty services and the requirements it has placed on the television stations operated by CTV, Global and TVA concerning the provision of such programming. In correspondence with The Sports Network, the Commission requested the licensee's views on implementing audio description, video description or described video. The Commission considers it reasonable to expect the operators of the pay and specialty services whose licences are being renewed at this time to take similar steps to respond to the needs of viewers who are visually impaired.

26.

Accordingly, the Commission expects the licensee to:

· provide audio description (defined as the provision of basic voice-overs of textual or graphic information displayed on screen) wherever appropriate:

· undertake the necessary upgrades to permit the broadcast of described programming (for example, via the SAP channel).

· acquire and broadcast the described versions of a program wherever possible; and

· take the necessary steps to ensure that its customer service responds to the needs of visually impaired viewers.

Interventions

27.

The Commission has considered all the interventions submitted with regard to this application and is satisfied with the licensee's reply.

Related CRTC documents

Secretary General

This decision is to be appended to the 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 2001-734

Conditions of licence for The Sports Network

1 - News
2(a) - Analysis and interpretation
2(b) - Long-form documentary
3 - Reporting and actualities
5(b) - Informal education/Recreation and leisure
6(a) - Professional sports
6(b) - Amateur sports
11 - General entertainment and human interest
12 - Interstitials
13 - Public service announcements
14 - Infomercials, promotional and corporate videos.

(i) from the minimum required expenditure for the following year of the licence term, an amount not exceeding the amount of the previous year's overspending; and

(ii) from the minimum required expenditure for any subsequent year of the licence term, an amount not exceeding the difference between the overspending and any amount deducted under paragraph (a) above;

The licensee shall charge each exhibitor of this service a maximum monthly wholesale rate per subscriber as set out below, for distribution on the basic service:

The licensee shall achieve a minimum captioning level of 90% for all programming aired during the broadcast day, beginning not later than 1 September 2006 and continuing throughout the remainder of the licence term.

The licensee shall 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 application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council (CBSC).

The licensee shall 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 shall 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. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the CBSC.

For the purposes of these conditions:

(a) all time periods shall be calculated according to the eastern time zone;

(b) broadcast day means a 24-hour period beginning at 6:00 a.m. Eastern time;

(c) paid national advertising means advertising that is purchased at a national rate and receives national distribution on the service; and

(d) the terms broadcast month, broadcast year, clock hour and evening broadcast period shall have the same meanings as those set out in the Television Broadcasting Regulations, 1987 except they shall be calculated in accordance with the definition of broadcast day in paragraph (b) above.