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Broadcasting Decision CRTC 2007-430
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Ottawa, 21 December 2007
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TVA Group Inc.
Various locations in Quebec
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Application 2007-0462-8, received 23 March 2007
Broadcasting Public Notice CRTC 2007-93
8 August 2007
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Program log requirements for television programming undertakings
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In this decision, the Commission approves an application to amend the broadcasting licences of French-language regional television stations CFCM-TV Québec, CHLT-TV Sherbrooke, CHEM-TV Trois-Rivières, CFER-TV Rimouski and CJPM-TV Saguenay in order to modify the licensee's obligations with respect to the furnishing of program logs. In addition, the Commission denies the application by TVA Group Inc. to amend the broadcasting licence of the French-language specialty television service Le Canal Nouvelles (LCN) by adding a condition of licence exempting the licensee from the requirements relating to the furnishing of program logs.
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Introduction
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Background
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1.
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In Amendments to the Television Broadcasting Regulations, 1987, the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 - Requirements for the furnishing of program logs and records, Broadcasting Public Notice CRTC 2006-109, 25 August 2006 (Broadcasting Public Notice 2006-109), the Commission amended the Television Broadcasting Regulations, 1987,the Pay Television Regulations, 1990 and the Specialty Services Regulations, 1990 in order that certain licensees might be exempted, by condition of licence, from the requirements relating to the furnishing of program logs to the Commission. The purpose of these amendments was to provide greater flexibility in the furnishing of logs and to decrease the burden on the Commission and on licensees in certain circumstances.
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The application
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2.
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The Commission received an application by TVA Group Inc. (TVA) to amend the broadcasting licences of French-language regional television programming undertakings CFCM-TV Québec, CHLT-TV Sherbrooke, CHEM-TV Trois-Rivières, CFER-TV Rimouski and CJPM-TV Saguenay by adding a condition of licence exempting the licensee from the requirements related to program logs set out in section 10(3) of the Television Broadcasting Regulations, 1987 and exempting its French-language specialty service, Le Canal Nouvelles (LCN), from the requirements related to program logs set out in section 7(2) of the Specialty Services Regulations, 1990.
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3.
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According to TVA, because the regional stations' logs are a true copy of the logs of the main station, CFTM-TV Montréal, except with regard to local productions, which differ from station to station, the licensee should be exempted from the requirement to furnish complete logs of the programming aired by the stations listed in the application.
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4.
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In order that the Commission may continue to validate requirements regarding local production and captioning, TVA undertook to file on 30 November of each year an annual local production report detailing programs produced locally by each regional station, including the dates of broadcast, the length of the programs, their key figures and the program category, and to indicate whether the programs are closed captioned.
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5.
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The licensee also requested that LCN be exempted from the requirement to furnish monthly logs, since the programming broadcast by this service is entirely Canadian and its programming format generally consists of news packages in rotation.
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6.
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In a letter of clarification dated 11 May 2007, the licensee undertook to use the Commission's existing computerized log system, insofar as this would lead to a decrease in the work needed to complete the logs required by the Commission.
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7.
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The Commission did not receive any interventions in connection with this application.
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Commission's analysis and determinations
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8.
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The Commission notes that the regional stations' logs are true copies of the log of the parent station, CFTM-TV Montréal, except with regard to local programming broadcast by each of these regional stations.
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9.
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While the Commission is prepared to allow more flexibility with respect to its terms relating to the furnishing of logs, it would like icensees to use the Commission's computerized log system to furnish their logs.
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10.
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In accordance with Broadcasting Public Notice 2006-109, the Commission approves the application by TVA Group Inc. to amend the broadcasting licences of French-language regional television programming undertakings CFCM-TV Québec, CHLT-TV Sherbrooke, CHEM-TV Trois-Rivières, CFER-TV Rimouski and CJPM-TV Saguenay by adding a condition of licence exempting them from the requirements relating to program logs set out in section 10(3) of the Television Broadcasting Regulations, 1987.
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11.
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Accordingly, the Commission amends the licences of regional television programming undertakings CFCM-TV Québec, CHLT-TV Sherbrooke, CHEM-TV Trois-Rivières, CFER-TV Rimouski and CJPM-TV Saguenay by adding the following conditions of licence:
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1. The licensee is exempted from the requirements relating to program logs set out in section 10(3) of the Television Broadcasting Regulations, 1987, where the programming broadcast by these stations is the same as the programming broadcast by CFTM-TV Montréal.
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2. For the purpose of validating requirements relating to local programming and closed captioning of local programming, the licensee shall furnish program logs on a quarterly basis for the local programming broadcast by each of the stations using the Commission's computerized system. These logs must be submitted to the Commission within 30 days of the end of each quarter.
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12.
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In addition, to ensure compatibility with the Commission's computerized system, the Commission requires that the logs provided quarterly by the licensee contain the information required for each month in the quarter. The Commission specifies that the quarterly logs must follow the broadcast year. Accordingly, the first quarter of each broadcast year must begin on 1 September.
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13.
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The licensee may use the new procedure for filing logs with the Commission beginning in the broadcast year commencing 1 September 2008.
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14.
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The Commission reminds the licensee that it is required to file the program log for CFTM-TV Montréal each month.
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15.
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With respect to the application to amend the broadcasting licence of French-language specialty service Le Canal Nouvelles (LCN) by adding a condition of licence exempting it from the requirement related to program logs set out in section 7(2) of the Specialty Services Regulations, 1990, given that the logs are the only tool that the Commission has to determine whether the licensee is in compliance with regulatory requirements and LCN's conditions of licence, the Commission denies the application by TVA Group Inc. to amend LCN's licence.
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Secretary General
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This decision is to be appended to each licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca.
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Date Modified: 2007-12-21