Broadcasting Public Notice CRTC 2002-73

Ottawa, 19 November 2002

Parliamentary and Provincial or Territory Legislature Proceedings Exemption Order: Amendments to previous order in force

Background

1.

In this notice the Commission amends the House of Commons and Provincial or Territorial Legislature Proceedings Exemption Order, Public Notice CRTC 1992-6, 17 January 1992.

2.

In Licence renewal for CPAC; and issuance of a distribution order, Decision CRTC 2002-377 of today's date (Decision 2002-377), the Commission approves the applications by Cable Public Affairs Channel Inc. (CPAC) for renewal of its licences to operate its English- and French-language satellite-to-cable programming undertakings. The proceeding to consider CPAC's renewal applications raised issues related to the House of Commons and Provincial or Territorial Legislature Proceedings Exemption Order.

House of Commons and Provincial or Territorial Legislature Proceedings Exemption Order

3.

In the context of its consideration of CPAC's renewal applications, the Commission determined that the programming service provided pursuant to the House of Commons and Provincial or Territorial Exemption Order should reflect the bicameral nature of Canada's Parliament by providing coverage of both the House of Commons and the Senate. Accordingly, the Commission amends this Exemption Order to describe the programming service provided by an exempt undertaking as including coverage of the Senate and its various committees, as provided by the Speaker or appropriate committee responsible for broadcasting matters. The amendments announced in this notice also retitle the Exemption Order as: Parliamentary and Provincial or territorial Legislation proceedings Exemption Order (see Appendix).

4.

Further, the amendments to this Exemption Order clarify that an undertaking operating pursuant to the Exemption Order must be Canadian and meet all technical requirements of the Department of Industry and have acquired all of the Department's prescribed authorization or certificates.

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

Appendix to Broadcasting Public Notice CRTC 2002-73

Parliamentary and Provincial or Territorial Legislature Proceedings Exemption Order

The Commission has concluded that compliance with the requirements of Part II of the Broadcasting Act (the Act) or of any regulations by persons carrying on an undertaking providing coverage of the proceedings of Parliament and provincial or territorial legislatures to distribution undertakings will not contribute in any material manner to the implementation of the broadcasting policy set out in subsection 3(1) of the Act. The Commission is satisfied that the availability of the type of programming described below is in the public interest and, because there would be no editorial comment contained in the programming services, the Commission has no concerns regarding their content.

The Commission, pursuant to subsection 9(4) of the Broadcasting Act, by this order, exempts from the requirements of Part II of the Act and any regulations, those persons carrying on a broadcasting undertaking of the class defined by the following criteria:

a) The Commission would not be prohibited from licensing the undertaking by virtue of any Act of Parliament or any direction to the Commission by the Governor in Council.

b) The undertaking meets all the technical requirements of the Department of Industry and has acquired all authorization or certificates prescribed by the department.

c) The programming service provided by the undertaking consists of coverage of the proceedings of Parliament or of the legislature of a province or territory of Canada, including its various committees, as provided by the Speaker or appropriate committee responsible for broadcasting matters.

d) No fee is charged for the service by the operator of the undertaking.

e) The programming service provided by the undertaking is made available to all distribution undertakings, in the case of Parliament, throughout Canada, and in the case of a provincial or territorial legislature, throughout the province or territory involved.

f) The programming service provided by the undertaking contains no advertising material.

g) Any programming that is included in the service, but is in addition to the coverage of the proceedings themselves, is limited to a description of the processes of Parliament or the legislature involved or an agenda (including calls for submissions by committees, etc.) of upcoming activities, without any comment or analysis of the particular proceedings themselves. The operator of the undertaking may offer a translation of the proceedings and may offer closed captioning or signing.

h) Except as permitted under sections (i) and (j) below the programming service provided by the undertaking covers the proceedings of the House of Commons, the Senate or the legislature involved from beginning to end and does not offer selected excerpts of the proceedings, i.e. the coverage is "gavel to gavel".

i) The programming service provided by the undertaking may include coverage of Parliamentary committee meetings on a selective basis, where the appropriate Speaker or committee responsible for broadcasting matters is satisfied that such coverage is equitable.

j) The programming service provided by the undertaking may include a repeat broadcast of the relevant question period.

k) Control over the programming provided by the undertaking is retained by the appropriate Speaker or committee responsible for broadcasting matters

Accordingly, persons operating an undertaking within the class defined by all of the foregoing criteria need not apply for a licence to operate a broadcasting undertaking.