Search

ARCHIVED - Broadcasting Decision CRTC 2004-162

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

 

Broadcasting Decision CRTC 2004-162

  Ottawa, 23 April 2004
  Cogeco Radio Television Inc., TVA Group Inc., TQS inc. and Viewer's Choice Canada Inc., partners in a general partnership known as Canal Indigo
Across Canada
  Applications 2003-1141-5 and 2003-1143-1
Broadcasting Public Notice CRTC 2003-64
5 December 2003
 

Licence amendment for Canal Indigo

  The Commission approves the applications to amend the licences held by Cogeco Radio Television Inc., TVA Group Inc., TQS inc. and Viewer's Choice Canada Inc., partners in a general partnership known as Canal Indigo, for its national pay-per-view and national direct-to-home pay-per-view programming undertakings by reducing the percentages of closed captioned programming that the licensee is required to provide under its existing conditions of licence.

1.

Cogeco Radio Television Inc., TVA Group Inc., TQS inc. and Viewer's Choice Canada Inc., partners in a general partnership known as Canal Indigo, hold licences for a national pay-per-view programming undertaking and a national direct-to-home pay-per-view programming undertaking, both known as Canal Indigo.

2.

In Licence renewal for Canal Indigo, pay-per-view television service distributed by cable, Broadcasting Decision CRTC 2002-382, 27 November 2002, and Licence renewal for Canal Indigo, direct-to-home pay-per-view television service, Broadcasting Decision CRTC 2002-383, 27 November 2002, the Commission imposed the following condition of licence that sets out the percentage of programming that the licensee must close caption on each undertaking:
 

The licensee shall caption at least 90% of all programs that it airs in each broadcast year of the licence term.

3.

The Commission has subsequently received applications by the licensee for licence amendments that would change the condition of licence requirements for closed captioning. Specifically, the licensee requested that the closed captioning requirement be reduced from 90% to 70% of all programming, but with the provision added that the required level would increase to 90% of all programming by the end of the current licence term. The licensee noted that its broadcast schedule includes approximately 22% adult programming and 8% live programming. The licensee stated that captioned versions of adult programming are almost non-existent and that it is difficult to find individuals or companies to provide closed captioning for this type of programming. In addition, the licensee stated that it does not currently have the resources or the equipment to provide on-the-spot closed captioning for live programming. The licensee stated that the proposed amendment would give it the flexibility and the time it would require to obtain the resources and equipment necessary to achieve the 90% captioning requirement for its programming as a whole by the end of the licence term.

4.

The Commission did not receive any interventions in connection with these applications.

5.

The Commission is committed to improving service to viewers who are deaf or hard of hearing and has consistently encouraged broadcasters to increase the amount of closed captioned programming they broadcast. The Commission generally requires all broadcasters to offer a minimum percentage of closed captioned programs consistent with the nature of their services. The closed captioning requirement currently imposed on all French-language services is less than the 90% level generally required of English-language services. This is in recognition of the significantly greater challenges involved in captioning French-language programming.

6.

The Commission recognizes that the licensee's existing 90% closed captioning requirement is significantly higher than that imposed on the licensees of other French-language services, including Astral Broadcasting Group Inc., operator of the national general interest French-language pay television service known as Super Écran. In Licence renewal for Super Écran, Decision CRTC 2001-730, 29 November 2001, the Commission required that Super Écran caption a minimum level of 50% for all programming broadcast during the broadcast year.

7.

The Commission notes that, at the time of licence renewal, the licensee did not expect or express any concern about the difficulties it subsequently encountered in obtaining closed captioning for its adult programming. However, the Commission has taken into account the problems associated with obtaining closed captioning for adult programming, as described by the licensee.

8.

In light of the above, the Commission approves the applications by Cogeco Radio Television Inc., TVA Group Inc., TQS inc. and Viewer's Choice Canada Inc., partners in a general partnership known as Canal Indigo, to amend the broadcasting licences of the pay-per-view and the direct-to-home pay-per-view programming undertakings known as Canal Indigo, in order to change the condition of licence relating to closed captioning to read as follows:
 

In the broadcast year beginning 1 September 2004, the licensee shall caption at least 70% of all programs broadcast.

 

In the broadcast year beginning 1 September 2005, the licensee shall caption at least 75% of all programs broadcast.

 

In the broadcast year beginning 1 September 2006, the licensee shall caption at least 80% of all programs broadcast.

 

In the broadcast year beginning 1 September 2007, the licensee shall caption at least 85% of all programs broadcast.

 

In the broadcast year beginning 1 September 2008, the licensee shall caption at least 90% of all programs broadcast.

9.

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

Date Modified: 2004-04-23

Date modified: