ARCHIVED - Broadcasting Decision CRTC 2002-233

Broadcasting Decision CRTC 2002-233

Ottawa, 13 August 2002

ARTV inc.
Across Canada

Application 2002-0229-2
Broadcasting Public Notice CRTC 2002-27
29 May 2002

ARTV - Amendment to condition of licence no. 1

The Commission approves an application to amend ARTV's licence to allow the licensee to broadcast in prime time programs of human interest totalling one hour per week, reflecting events and the milieu within the Canadian artistic and cultural community.

The application

1.

The Commission received an application by ARTV inc. to amend condition of licence no. 1 for the national specialty television service ARTV by adding the following paragraph:

Notwithstanding the requirements of subsections 1a), 1b), 1c), 1d), 1e), the licensee may broadcast in prime-time, programs of human interest, totalling one hour per week, reflecting events and the milieu within the Canadian artistic and cultural community, plus repeats.

2.

The applicant stated that the proposed amendment would allow it, in conjunction with the existing condition, to produce a weekly program showcasing events, artists and artisans from across Canada and, based on schedule requirements, to broadcast that program in prime time.

The existing condition of licence

3.

Decision CRTC 2000-386, 14 September 2000 (Decision 2000-386) included the following conditions of licence defining the nature of the service to be offered by ARTV:

1. a) The licensee shall provide a national French-language arts specialty television service that reflects the unique character of Quebec culture and the needs and circumstances of French-language communities in other parts of Canada.

b) At least 90% of the programming must be drawn exclusively from the following categories, as set out in section 6 of Schedule I of the Specialty Services Regulations, 1990:

1) News
2(a) Analysis and interpretation
2(b) Long-form documentary
5(b) Informal education
7(a) Ongoing dramatic series
7(c) Specials, mini-series and made-for-TV feature films
7(d) Theatrical feature films aired on TV
7(e) Animated television programs and films
7(f) Programs of comedy sketches, improvisation unscripted works and stand-up comedy
7(g) Other drama
8(a) Music and dance other than music video programs or clips
8(b) Music video clips
11) General entertainment and human interest
12) Interstitials
13) Public service announcements

c) The licensee shall not devote more than 20% of its hours of original programming between 4 p.m. and 1 a.m. to the broadcast of the program Quoi de neuf? or to any program of information or current events program on the arts;

d) The program Quoi de neuf? or any program consisting of information or current events in the arts community shall not be broadcast in peak time (between 7 p.m. and 11 p.m.);

e) Annual expenditures for the program Quoi de neuf? or any program consisting of information or current events in the arts community shall not exceed 25% of the annual budget for Canadian programming.

Interventions

The Commission did not receive any intervention in connection with this application.

The Commission's decision

In Decision 2000-386, the Commission stated that the broadcast of artistic programs from across Canada should be the distinguishing feature of a national arts service. The Commission indicated that its objective was to ensure "that the programming of the proposed service not consist primarily of information programs on current events in the arts community or cultural magazine programs." In light of that objective, the Commission imposed conditions of licence 1c) and 1d) pertaining to the proposed program Quoi de neuf? or any program consisting of information or current events in the arts community.

The Commission considers that broadcasting human interest programming reflecting events and the milieu within the Canadian artistic community for a maximum of one hour each week in prime time is consistent with the objective stated above. One hour of broadcasting in prime time is well below the limit imposed on the licensee in condition of licence 1c), namely 20% of its hours of original programming.

The Commission is also of the view that the amendment approved in this decision will give ARTV some flexibility in achieving the objective set out in condition of licence 1a), in particular in reflecting the needs and circumstances of French-language communities in all parts of Canada.

The Commission is, however, of the opinion that the term "plus repeats" at the end of the amendment proposed by the licensee is too broad. The Commission considers that broadcasting repeats of this type of programming during prime time would give the licensee a degree of flexibility that, at the limit, would be inconsistent with the Commission's aforementioned objective.

For these reasons, the Commission approves the application to amend condition of licence no. 1 of ARTV by adding the following paragraph f), excluding repeats:

f) Notwithstanding the requirements of subsections 1a), 1b), 1c), 1d), 1e), the licensee may broadcast in prime-time, programs of human interest, totalling 1 hour per broadcast week, reflecting events and the milieu within the Canadian artistic and cultural community.

The Commission expects the programs authorized by this decision to reflect the realities of Francophone communities across Canada and to be consistent with investment and Canadian programming production parameters set out in Decision 2000-386.

Secretary General