ARCHIVED - Broadcasting Public Notice CRTC 2002-72

Broadcasting Public Notice CRTC 2002-72

Ottawa, 19 November 2002

Amendments to the Broadcasting Distribution Regulations - Distribution of the proceedings of the House of Commons and its various committees

The Commission has adopted amendments to the Broadcasting Distribution Regulations as set out in the appendix to this notice. The amendments came into effect on 1 September 2002 and were published in Part II of the Canada Gazette on 11 September 2002.

1.

In The distribution of the proceedings of the House of Commons on CPAC, Public Notice CRTC 2001-115, 6 November 2001 (Public Notice 2001-115), the Commission announced its new policy to make available the proceedings of the House of Commons and its various committees in both official languages to most cable and satellite subscribers across the country. The Commission also announced that it intended to amend the Broadcasting Distribution Regulations (the Regulations) to implement the policy and that these amendments would come into effect 1 September 2002.

2.

In Call for comments - Proposed amendments to the Broadcasting Distribution Regulations, Broadcasting Public Notice CRTC 2002-34, 5 July 2002 (Public Notice 2002-34) and Call for comments - Proposed amendments to the Broadcasting Distribution Regulations - Extension of deadline for comments, Broadcasting Public Notice CRTC 2002-34-1, 1 August 2002, the Commission invited public comments as to whether the proposed amendments accurately reflected the Commission policy set out in Public Notice 2001-115.

3.

The Commission received six comments. Two of the comments filed addressed the issue of whether the proposed amendments accurately reflected the Commission policy set out in Public Notice 2001-115. These comments are addressed below. The four other comments involved changes to the policy and were therefore outside the scope of the proceeding initiated by Public Notice 2002-34.

Definition of "House of Commons programming service"

CPAC's position

4.

In its comments, Cable Public Affairs Channel Inc. (CPAC) stated that the proposed amendments largely reflect the policy. However, it was concerned that the proposed definition of "House of Commons programming service" could be interpreted as excluding CPAC as a source of television proceedings of the House of Commons for the purposes of the Regulations. The proposed Regulations included the following definition:

"House of Commons programming service" means the programming service consisting of the proceedings of the House of Commons and its various committees.

5.

CPAC stated that the use of the article "the" and the words "consisting of" in the proposed definition appears to suggest that there is a single programming service already in existence, separate from CPAC and available to broadcasting distribution undertakings (BDUs), that consists solely of proceedings of the House of Commons and its committees. CPAC noted that this is not the case and that CPAC itself does not distribute such a service.

6.

Therefore, CPAC suggested that the definition be modified to replace the words "consisting of" by the words "comprising" or "including".Under this proposal, the "House of Commons programming service" would be defined as "the programming service comprising (or including) the proceedings of the House of Commons and its various committees", and all of CPAC's programming, including its public affairs portion, would be subject to the distribution requirement. Accordingly, services that provide very limited coverage of the House of Commons proceedings, for example excerpts of the proceedings within public affairs programming, would also be captured by the proposed definition.

Commission determination

7.

In Public Notice 2001-115, at paragraphs 27 and 28, the Commission emphasized that its objective was aimed at including within the definition the programming service only of undertakings covering the entire proceedings of the House of Commons, as well as of its committees:

27. CPAC's public affairs programming is regarded by the Commission as a significant and valuable component which complements the proceedings of the House of Commons and its committees. At the same time, the Commission is of the view that coverage of the proceedings themselves is primarily what makes CPAC a unique and vital service. It is this component that is essential to "safeguard, enrich and strengthen the cultural, political, social and economic fabric of Canada." [Broadcasting Act, section 3 (1)d)(i)].

28. Therefore, consistent with its recommendation in the Report¹, the Commission has determined that its main objective in this matter should be ensuring that a majority of Canadians have access to the proceedings of the House of Commons and its committees, in the official language of their choice.

8.

Given that CPAC's proposal would be contrary to the intent expressed in Public Notice 2001-115, the Commission does not adopt the changes.

9.

Nevertheless, the Commission recognizes that the definition of "House of Commons programming service" included in the proposed amendments raises an issue as it may be interpreted as capturing every programming service that provides coverage of the proceedings of the House of Commons, i.e. every service that provides edited portions of the proceedings of the House of Commons.

10.

In order to address CPAC's concern and to ensure that the definition accurately reflects the policy, the Commission adopts the following clarified definition:

"House of Commons programming service" means the programming service of an undertaking required by the Commission to cover the entire proceedings of the House of Commons.

11.

In Parliamentary and Provincial or Territorial Legislature Proceedings Exemption Order: Amendments to previous order in force, Broadcasting Public Notice CRTC 2002-73, the Commission has amended the House of Commons and Provincial or Territorial Legislature Proceedings Exemption Order (the Exemption Order), pursuant to which coverage of the proceedings of the House of Commons and its various committees is provided. The amended Exemption Order describes the programming service provided by an exempt undertaking as including coverage of the Senate of Canada and its various committees, as provided by the Speaker or appropriate committee responsible for broadcasting matters. The Commission notes that the definition of "House of Commons programming service" adopted here encompasses such programming. However, the Commission intends to amend this definition in due course to more explicitly reflect today's amendments to the Exemption Order.

Distribution by affiliated Class 3 BDUs

CPAC's position

12.

In its comments, CPAC noted that the proposed amendments do not include the provision contemplated in paragraph 48 of Public Notice 2001-115, that affiliated
Class 3 BDUs² that currently distribute the House of Commons proceedings be required to continue such distribution. Accordingly, CPAC stated that if the Commission intended to implement this element of its policy, further regulatory steps would appear to be necessary.

Commission determination

13.

In paragraph 48 of Public Notice 2001-115, the Commission sought to balance the importance of the proceedings of the House of Commons to Canadians with the unique circumstances of small distributors. As a matter of policy, the Commission considers that affiliated Class 3 BDUs should continue to distribute the proceedings in the manner described, while not making this a requirement under the Regulations.

CCTA's position

In its comments, the Canadian Cable Television Association (CCTA) suggested that the proposed amendments to the Regulations establishing the distribution requirements for DTH broadcasting distribution undertakings were analogous to the amendments pertaining to Class 3 licensees with 550 MHz or more capacity, in that both classes of undertakings would be required to distribute "the English and French language versions of the House of Commons programming service".

The CCTA further stated:

Presumably, the Commission's determination in PN 2001-115 that DTH providers must distribute the House of Commons proceedings in both official languages means that DTH BDUs - consistent with the requirements for high capacity digital Class 1 and 2 cable systems (750 MHz or more) - must carry the service on two separate video channels. As such, CCTA is concerned that the current wording could be interpreted as requiring Class 3 systems that are digital and over 550 MHz to also carry the proceedings of the House of Commons using two separate video channels.

Commission determination

16.

The Commission considers that the CCTA's interpretation with respect to Class 3 BDUs is in error. The Commission emphasizes that the policy and the amendments to the Regulations purposely do not specify by what technical means the service must be distributed. Acordingly, Class 3 BDUs employing digital distribution with 550 MHz or more capacity are granted flexibility with respect to the technical means by which they distribute the House of Commons programming service in both official languages.

The amendments

17.

The Commission has adopted the amendments proposed in Public Notice 2002-34, with the modification to the definition of the "House of Commons programming service". The amendments set out in the appendix to this notice came into effect on 1 September 2002 and were published in the Canada Gazette, Part II on 11 September 2002.

Secretary General

This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. (1) Paragraph (c) of the definition "available channel" in section 1 of the Broadcasting Distribution Regulations¹ is replaced by the following:

(c) the House of Commons programming service; or

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

"House of Commons programming service" means the programming service of an undertaking required by the Commission to cover the entire proceedings of the House of Commons. (service de programmation de la Chambre des communes)

2. Subsection 17(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (g) and by adding the following after paragraph (h):

(i) if the licensee is operating in a francophone market within the meaning of paragraph 18(4)(a), the House of Commons programming service, including the main audio channel of that service in the French language and an auxiliary audio channel of the service in the English language; and

(j) if the licensee is operating in an anglophone market within the meaning of paragraph 18(4)(b), the House of Commons programming service, including the main audio channel of that service in the English language and an auxiliary audio channel of the service in the French language.

3. The heading before section 18 of the Regulations is replaced by the following:

Access for Specialty, Pay Television and Television Pay-per-view Services and for the House of Commons Programming Service

4. Subsection 18(11.1) of the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by adding the following after paragraph (b):

(c) the House of Commons programming service, including the main audio channel of that service in the English language if the licensee is operating in a francophone market within the meaning of paragraph 18(4)(a); and

(d) the House of Commons programming service, including the main audio channel of that service in the French language if the licensee is operating in an anglophone market within the meaning of paragraph 18(4)(b).

5. Subsection 20(2) of the Regulations is replaced by the following:

(2) If a licensee distributes a programming service that comprises the proceedings of the legislature of the province in which its undertaking is located, the licensee shall include that service as part of its basic service, unless the operator of the programming service agrees in writing to the distribution of its service as a discretionary service.

6. The heading before section 33.3 of the English version of the Regulations is replaced by the following:

Television Programming Services that Must Be Distributed by Licensees Using Digital Technology

7. (1) Subsection 33.3(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (a), by adding the word "and" at the end of paragraph (b) and by adding the following after paragraph (b):

(c) the English and French language versions of the House of Commons programming service.

(2) Section 33.3 of the Regulations is amended by adding the following after subsection (2):

(2.1) A licensee whose distribution system is totally interconnected with another system shall distribute the English and French language versions of the House of Commons programming service with the same distribution status as the system with which it is interconnected, unless the licensee does not have the technological capacity to do so.

8. Section 37 of the Regulations is amended by striking out the word "and" at the end of paragraph (a), by adding the word "and" at the end of paragraph (b) and by adding the following after paragraph (b):

(c) the English and French language versions of the House of Commons programming service.

9. Subsection 40(2) of the Regulations is repealed.

coming into force

10. These Regulations come into force on September 1, 2002.