ARCHIVED - Broadcasting Decision CRTC 2013-467

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Route reference: 2013-19

Additional references: 2013-19-1, 2013-19-3 and 2013-19-4

Ottawa, 30 August 2013

Various licensees
Various locations

The application numbers are set out below.
Public hearing in the National Capital Region
23 April 2013

Various independent conventional and community-based television programming undertakings – Licence renewals

The Commission renews the broadcasting licences of independent conventional and community-based television stations for various licence terms. The stations addressed in this decision are operated by licensees that are not part of large ownership groups. The length of the licence term is based on each licensee’s compliance with its regulatory requirements during the past licence term.

This decision also addresses licensees’ requests for licence amendments.

The terms and conditions of licence for each station are set out in the appendices to this decision.

Introduction

1. The Commission received applications to renew the broadcasting licences for the following independent conventional and community-based television stations, which expire 31 August 2013:^[1]

Conventional television stations

Licensee	Application number and date received	Station
Newfoundland Broadcasting Company Limited (Newfoundland Broadcasting)	2012-1102-8 30 August 2012	CJON-DT St. John’s, Newfoundland and Labrador and its transmitters CJOM-TV Argentia, CJCN-TV Norris Arm, CJSV-TV Stephenville, CJMA-TV Marystown, CJWB-TV Bonavista, CJWN-TV Corner Brook, CJRR-TV Red Rocks, CJCV-TV Clarenville, CJLW-TV Deer Lake and CJOX-TV-1 Grand Bank
Thunder Bay Electronics Limited (Thunder Bay)	2012-1024-4 23 August 2012	CHFD-DT Thunder Bay, Ontario
Thunder Bay Electronics Limited (Thunder Bay)	2012-1031-9 23 August 2012	CKPR-DT Thunder Bay, Ontario
Crossroads Television System (Crossroads)	2012-1115-1 31 August 2012	CITS-DT Hamilton, Ontario and its transmitters CITS-DT-1 Ottawa and CITS-DT-2 London
	2012-1114-3 31 August 2012	CKES-DT Edmonton, Alberta
	2012-1219-1 31 August 2012	CKCS-DT Calgary, Alberta
ZoomerMedia Limited (ZoomerMedia)^[2]	2012-1194-5 13 September 2012	CIIT-DT Winnipeg, Manitoba
ZoomerMedia Limited (ZoomerMedia)^[2]	2012-1193-7 13 September 2012	CHNU-DT Fraser Valley, British Columbia and its transmitter CHNU-DT-1 Victoria
Jim Pattison Broadcast Group Industries Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership (Jim Pattison)	2012-1106-0 30 August 2012	CHAT-TV Medicine Hat, Alberta and its transmitters CHAT-TV-1 Pivot and CHAT-TV-2 Maple Creek
	2012-1104-4 30 August 2012	CFJC-TV Kamloops, British Columbia and its transmitters CFJC-TV-3 Merritt, CFJC-TV-4 Clinton, CFJC-TV-5 Williams Lake, CFJC-TV-6 100 Mile House, CFJC-TV-8 Chase, CFJC-TV-11 Quesnel, CFJC-TV-12 Nicola and CFJC-TV-19 Pritchard
	2012-1108-6 30 August 2012	CKPG-TV Prince George, British Columbia and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel
Newcap Inc. (Newcap)	2012-0925-5 31 July 2012	CITL-DT Lloydminster, Alberta and its transmitters CITL-TV-1 Wainwright, CITL-TV-2 Provost, CITL-TV-3 Meadow Lake, CITL-TV-4 Bonnyville, and CITL-TV-10 Alcot Trail
Newcap Inc. (Newcap)	2012-0929-7 31 July 2012	CKSA-DT Lloydminster, Alberta and its transmitters CKSA-TV-2 Bonnyville, CKSA-TV-3 Wainwright and CKSA-TV-4 Provost
The Miracle Channel Association (Miracle Channel)	2012-1044-2 28 August 2012	CJIL-DT Lethbridge, Alberta and its transmitters CJIL-TV-1 Bow Island and CJIL-TV-2 Burmis

Low-power conventional television stations

Licensee	Application number and date received	Station
Logan McCarthy	2012-1069-0 29 August 2012	CFSO-TV Cardston, Alberta

Low-power community-based television stations

Licensee	Application number and date received	Station
Chetwynd Communications Society	2012-0743-1 12 June 2012	CHET-TV Chetwynd, British Columbia and its transmitter CHET-TV-1 Hasler Flats
Telile: Isle Madame Community Television Association	2012-0998-2 17 August 2012	CIMC-TV Isle Madame, Nova Scotia
Acadian Communication Limited	2012-1112-7 30 August 2012	CHNE-TV Cheticamp, Nova Scotia
St. Andrews Community Channel Inc.	2012-1002-0 20 August 2012	CHCO-TV St. Andrews, New Brunswick
Télé-Mag inc. (Télé-Mag)	2012-0931-2 1 August 2012	CHMG-TV, Québec, Quebec
Southshore Broadcasting Inc. (Southshore)	2012-1060-9 29 August 2012	CFTV-DT Leamington, Ontario
Neepawa Access Community T.V. Inc. (ACTV)	2012-0893-4 25 July 2012	CH5248 Neepawa, Manitoba
The B.C. Conference of Mennonite Brethren Churches	2012-1070-8 30 August 2012	CFEG-TV Abbotsford, British Columbia

Community-based television station

Licensee	Application number and date received	Station
Hay River Community Service Society	2012-0791-0 27 June 2012	CIHC-TV Hay River, Northwest Territories

Community programming network

Licensee	Application number and date received	Undertaking
TV Hamilton Limited	2012-1156-5 12 August 2012	Cable14 Hamilton, Ontario

2. The Commission received numerous interventions in this proceeding, almost all of which related to mandatory distribution of services under section 9(1)(h) of the Broadcasting Act (the Act). The Commission addressed mandatory distribution in Broadcasting Regulatory Policy 2013-372. The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

3. The conventional and community-based television programming undertakings addressed in this decision are operated by independent licensees that are not part of large ownership groups. These licensees are key players in the provision of diverse Canadian programming that serves the needs and interests of communities across the country. In rendering its determinations, the Commission intent is to ensure that its licensing and regulation of smaller independent television services is as flexible and targeted as possible. Such an approach will enable televison programming undertakings to adapt to the changing communications environment, thus ensuring that they contribute to the achievement of the objectives set out in the Act, including:

each programming undertaking shall make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming, unless the nature of the service provided by the undertakings, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources (section 3(1)(f));
the Canadian broadcasting system should encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view (section 3(1)(d)(ii)); and
the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for men, women and children of all ages, interests and tastes (section 3(1)(i)(i)).

4. The Commission’s determinations also implement a number of recent policy changes, such as those set out in Broadcasting Regulatory Policy 2011-442, which sets out standard conditions of licence, expectations and encouragements for conventional television stations, and Broadcasting Regulatory Policies 2010-622 and 2010-622-1, which set out the Commission’s community television policy.

Commission’s analysis and decisions

5. After examining the applications in light of all applicable regulations and policies, the Commission considers that the issues it must address relate to the following:

exceptions to the standard requirements for conventional television stations;
request for local programming improvement fund (LPIF) support;
religious programming requirements;
broadcast of advertising;
licensees that wish to operate their undertakings under the same terms and conditions; and
non-compliance and length of the licence term.

Exceptions to standard requirements for conventional television stations

6. The Commission has established standard conditions of licence, expectations and encouragements for conventional television stations, as set out in Broadcasting Regulatory Policy 2011-442. As part of their licence renewal applications, each licensee of a conventional television station was asked to confirm that it would adhere to the standard requirements or to provide a rationale should it wish to have an exception to any of those requirements. The following sections address the licensees’ requests.

Standard requirement for local programming

CHFD-DT and CKPR-DT Thunder Bay, ON and CITL-DT and CKSA-DT Lloydminster, British Columbia

7. In Broadcasting Regulatory Policy 2009-406, the Commission harmonized obligations relating to local programming for English-language non-metropolitan markets. Stations operating in such markets are required to offer at least seven hours of local programming per broadcast week. This requirement was included in the standard condition of licence 12 set out in Broadcasting Regulatory Policy 2011-442.

8. Thunder Bay (licensee of CHFD-DT and CKPR-DT) and Newcap (licensee of CITL-DT and CKSA-DT) both operate “twin-stick” ^[3] stations in their respective markets. Both licensees requested that, rather than having to offer seven hours of local programming on each of their stations, they be permitted to offer 14 hours of local programming on both of their stations, combined. If approved, this would, for example, permit Thunder Bay to broadcast a combined total of 14 hours of original local programming on both of its stations in Thunder Bay without having to ensure that at least seven hours of local programming was broadcast on each individual station. Newcap would be permitted to do the same on the stations that it operates. The licensees submitted that this approach would give them flexibility when their affiliated television networks and program suppliers change scheduling, causing local news programming on one of their stations to be pre-empted.

9. As noted above, the Thunder Bay and Newcap stations are operated on a twin-stick basis and are affiliated with other television networks. Specifically, Newcap’s CKSA-DT Lloydminster and Thunder Bay’s CKPR-DT Thunder Bay are affiliated with the CBC. Newcap’s station CITL-DT Lloydminster is affiliated with CTV, and Thunder Bay’s CHFD-DT Thunder Bay is affiliated with Global.

10. The Commission notes that the new requirement to offer a minimum of seven hours of local programming per week would result in a significant increase to the overall amount of local programming broadcast by these stations in their respective markets in comparison to the commitments both licensees made for the current licence term. The proposed combined requirement of 14 hours of original, local programming on both stations combined would also increase the amount of local programming provided in these markets by the same amount while providing increased flexibility to the licensees to choose how to allocate the local news programming on their respective stations.

11. The Commission considers that the impact of this exception to the standard condition of licence would be relatively minor, given that it will not reduce the overall number of hours of original, local programming provided by these stations. Accordingly, the Commission approves Thunder Bay and Newcap’s requests for an exception to the standard condition of licence for local programming. Conditions of licence reflecting the licensees’ requests are set out in Appendices 2, 3, 12 and 13 to this decision. However, the Commission expects both licensees to ensure that some local programming is broadcast on each station so as to ensure that viewers will continue to benefit from local programming on both local stations in each market.

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

12. Standard condition of licence 11 requires a licensee to broadcast a minimum of fourteen hours of local programming per broadcast week if the licensee operates in a metropolitan television market. ZoomerMedia submitted that the standard condition of licence 11 is not relevant to CIIT-DT Winnipeg or CHNU-DT Fraser Valley since those stations do not serve metropolitan areas.

13. The Commission agrees that CIIT-DT Winnipeg and CHNU-DT Fraser Valley operate in non-metropolitan television markets, as defined by the Commission in Broadcasting Public Notice 2008-100. Accordingly, condition of licence 11 set out in Broadcasting Regulatory Policy 2011-442 does not apply to these stations. However, the Commission reminds the licensee that it is subject to standard condition of licence 12, which applies to stations operating in non-metropolitan markets. As a result, both CIIT-DT and CHNU-DT must offer at least seven hours of local programming per broadcast week.

Standard requirement with respect to affiliation to a network

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

14. ZoomerMedia submitted that standard condition of licence 9 is not relevant to CIIT-DT Winnipeg or to CHNU-DT Fraser Valley. Condition of licence 9 is as follows:

The licensee shall not affiliate with or disaffiliate from any network operator without the prior written approval of the Commission.

15. The Commission notes that this condition of licence is clearly intended for general interest conventional television stations. Considering that ZoomerMedia has indicated its intention to continue to operate its stations as religious conventional television stations and that there is little opportunity to affiliate with a network operator without first changing substantially the nature of the programming on CIIT-DT Winnipeg and CHNU-DT Fraser Valley, the Commission considers it appropriate to approve the licensee’s request for an exception to standard condition of licence 9. This exception is reflected in condition of licence 1 set out in Appendices 7 and 8.

Standard requirements with respect to closed captioning

CHFD-DT and CKPR-DT Thunder Bay, ON; CFJC-TV Kamloops, CKPG-TV Prince George, BC and CHAT-TV Medicine Hat, AB; CITL-DT and CKSA-DT Lloydminster, AB, and CHMG-TV, Québec, QC

16. Jim Pattison (licensee of CFJC-TV Kamloops, CKPG-TV Prince George, and CHAT-TV Medicine Hat), and Thunder Bay (licensee of CHFD-DT and CKPR-DT Thunder Bay) and Newcap (licensee of CITL-DT and CKSA-DT Lloydminster) requested relief from standard condition of licence 6, which requires those stations to provide closed captioning for advertisements, promos and sponsorship messages. They cited the costs associated with closed captioning as the rationale for this relief.

17. The Commission notes that all broadcasters, both large and small, will be required to provide closed captioning for advertisements, promos and sponsorship messages by the fourth year of their respective licence terms. This captioning requirement will become an industry norm and advertisers will become accustomed to including captioning with their advertisements. The Commission is of the view that broadcasters can and should include a clause requiring captioning in their agreements with advertisers, given that the licensee is ultimately responsible for all the content that it airs.

18. Further, the Commission does not consider that the licensees provided sufficient evidence to support an exception to this standard condition of licence. Accordingly, the Commission denies these requests.

19. With respect to CHMG-TV, the Commission stated, in Broadcasting Regulatory Policy 2010-662, that it would expect 100% of the programming to be captioned by the end of the next licensee term. However, in the licence renewal application, Télé-Mag made a commitment to close caption 100% of its English- and French-language programming as of 1 September 2013. The Commission expects the licensee to fulfil this commitment.

Standard requirements with respect to described video

CHFD-DT and CKPR-DT Thunder Bay, ON; CITL-DT and CKSA-DT Lloydminster, AB; CIIT-DT Winnipeg, MB, and CHNU-DT Fraser Valley, BC

20. Standard condition of licence 8 states that licensees devoting 50% or more of their programming to material drawn from categories 7 Drama and Comedy or 2(b) Long-form documentary must provide four hours of described video (DV) per week.

21. Thunder Bay requested relief from the standard DV condition of licence for CHFD-DT and CKPR-DT Thunder Bay, citing the costs associated with this requirement as the rationale. Newcap proposed a modified condition of licence for CITL-DT and CKSA-DT Lloydminster that would take into consideration the fact that they carry a substantial amount of network programming. Newcap stated that it is dependent on the technical abilities of broadcasting distribution undertakings to deliver the passed-through network feed with DV to the subscribers. ZoomerMedia proposed to maintain its current DV requirements instead of abiding by the new standard condition of licence for CIIT-DT Winnipeg and CHNU-DT Fraser Valley.^[4] ZoomerMedia also cited costs as the rationale for its request and added that this standard requirement did not take into account that its stations must draw 75% of their programming from program category 4 Religion.

22. The Commission notes that large broadcasters are subject to the standard conditions of licence for DV. As a result, Thunder Bay and Newcap will have access to DV from program suppliers. The Commission also notes that cable and direct-to-home (DTH) distributers are subject to their own conditions of licence that require the pass-through of DV.

23. The Commission does not consider that Thunder Bay and Newcap have provided sufficient evidence to support an exception to the standard condition of licence for DV. Accordingly, the Commission denies their requests.

24. With respect to ZoomerMedia’s request, the Commission notes that the licensee’s stations do not currently devote 50% or more of their programming to material from categories 7 or 2(b). Consequently, imposing the standard condition of licence would represent a reduction from their current requirement to offer four hours a month of DV. The current condition of licence is therefore the one that will ensure the provision of DV to viewers. Accordingly, the Commission approves ZoomerMedia’s request to maintain CIIT-DT Winnipeg and CHNU-DT Fraser Valley’s current requirement to broadcast four hours of DV programming a month for the next licence term. A condition of licence to that effect is set out in appendices 7 and 8.

Request for LPIF support

CHNU-DT Fraser Valley, BC

25. ZoomerMedia requested LPIF funding for its religious conventional television station CHNU-DT Fraser Valley in order to meet the standard requirement with respect to local programming applicable to English-language conventional television stations that operate in non-metropolitan markets, as described above. It stated that CHNU-DT has faced tremendous obstacles and serious financial difficulty since it first launched in 2001. It added that CHNU-DT:

has repeatedly been denied LPIF funding;
is not eligible for support from the DTH Small Market Local Production Fund (SMLPF); and
is not distributed by DTH distributors, which have a 25% penetration level in the market that it serves.

26. ZoomerMedia submitted that the lack of LPIF funding and DTH distribution puts CHNU-DT at a competitive disadvantage to other stations in its market as well as across the country, since the station is distributed as a distant signal outside of the Fraser Valley.

27. ZoomerMedia noted that Surrey, where CHNU-DT’s studio is located, is the fastest growing community in Canada with a heavy preponderance of third-language speakers and viewers, mostly from the South-Asian community. It submitted that CHNU-DT is the only over-the-air station that speaks directly to and is reflective of this community. It added that it needs LPIF funding to appropriately serve this community.

28. ZoomerMedia submitted that its local programming consists of local news, information and current affairs as well as community and faith-based programming in English and in third-languages. Its local programming totaled an average of 22 hours a week during the last 3 broadcast years. An average of 7.5 hours per week was original local news programming.

29. The Commission announced the creation of the LPIF and its eligibility criteria in Broadcasting Public Notice 2008-100. These criteria include the following:

In order to qualify for LPIF funding, stations must be providing a local programming service that, as of the date of this public notice, includes original local news. … Although all categories of local programming will qualify for LPIF funding, the Commission considers that priority should be given to local news and public affairs programs.

30. The Commission notes that the LPIF policy explicitly states that stations must offer at least some local news programming in order to be eligible to receive LPIF funding. According to ZoomerMedia, CHNU-DT broadcast an average of 7.5 hours of local news each week during the past licence term. However, the Commission’s analysis indicates that the local news programming consisted of coverage of periodic community events or current affairs programming, as opposed to a daily or other regular news program comparable to those typically produced by other television stations that are eligible for and receive LPIF funding. In fact, according to television program logs submitted to the Commission, CHNU-DT has not broadcast any news programming (identified as program category 1 News) in the last three broadcast years. In addition, it has reported no expenditures on the production of news programming (again, program category 1) over the same period. Accordingly, the Commission finds that the station does not meet the eligibility criterion related to local news for LPIF funding.

31. Further, the Commission notes that the LPIF is scheduled to be phased out by 1 September 2014. In the Commission’s view, it would be difficult for CHNU-DT Fraser Valley to create or obtain the necessary local news programming and begin regular broadcast of this programming before that date.

32. In light of the above, the Commission denies ZoomerMedia’s request for LPIF funding for CHNU-DT Fraser Valley.

Religious programming

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

Contextualization of non-religious programming

33. CIIT-DT Winnipeg and CHNU-DT Fraser Valley are required to devote no less than 75% of their programming during the broadcast day and no less than 50% of peak time hours (7 p.m. to 11 p.m.) to programming drawn from category 4 Religion. ZoomerMedia must also provide contextualization segments for programs that do not directly reflect broadly accepted religious, spiritual, ethical or moral values or are drawn from program category 4. The purpose of these contextualization segments is to establish a clear link with the religious nature of the station. ZoomerMedia argued that this requirement is not necessary and limits its ability to create attractive programming schedules that flow and attract viewers. It also noted that this is not a standard condition of licence that has been imposed on other religious television stations.

34. The Commission notes that this requirement was imposed when Rogers Broadcasting Limited (Rogers) acquired CIIT-DT and CHNU-DT from Trinity Television Inc. in 2005.^[5] The Commission was concerned that Rogers would stray from the stations’ religious mandate so as to optimize synergies with its OMNI ethnic stations. Based on examination of the program schedules of both stations, the licensee’s commitment to continue to operate CIIT-DT Winnipeg and CHNU-DT Fraser Valley as religious stations, as well as the requirement to devote at least 75% of the broadcast day and 50% of the evening broadcast period to the broadcast of category 4 programming, the Commission considers that the condition of licence is no longer necessary. Accordingly, the Commission approves the licensee’s request.

Balance programming requirement

35. ZoomerMedia further requested amendments to its balance programming^[6] requirements for both CIIT-DT Winnipeg and CHNU-DT Fraser Valley. The proposed amendments would reduce or eliminate the requirement that this programming be original and that it be broadcast in the peak evening broadcast period. The licensee argued that the amendments would allow its stations to continue to provide a broad range of programming, views and ideas, while permitting them to better meet the needs of its viewers and its extensive regulatory obligations.

36. The Commission notes that the Religious Broadcasting Policy set out in Public Notice 1993-78 sets out the principle that religious television services should maintain an appropriate level of balance programming throughout their program schedules. While this policy does not specifically require that balance programming be broadcast in the peak evening period, the Commission is of the view that the provision of balance programming during the evening broadcast period is an important part of its approach to religious broadcasting by conventional television stations. This approach ensures that balance programming is available at times when the potential audience is the greatest. In addition, the Commission recently denied a similar request by Crossroads in Broadcasting Decision 2012-88.

37. Accordingly, the Commission denies ZoomerMedia’s request.

Broadcast of advertising

CITS-DT Hamilton, ON; and CKCS-DT Edmonton and CKES-DT Calgary, AB; CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC; and
CJIL-DT Lethbridge, AB

38. Crossroads requested an amendment to CITS-DT Hamilton’s current condition of licence relating to the broadcast of advertising material, so as to change the limit on the number of minutes of advertising it can offer each hour. It argued that this amendment would be consistent with the Television Broadcasting Regulations, 1987 (the Regulations) and with the conditions of licence applied to its other conventional religious television stations, CKCS-DT Edmonton and CKES-DT Calgary.

39. ZoomerMedia is currently authorized, by condition of licence, to broadcast no more than 12 minutes of advertising material per hour on CIIT-DT Winnipeg and CHNU-DT Fraser Valley, including solicitation of funds. The licensee requested that this restriction be removed, arguing that it is no longer relevant in light of the Commission’s decision to eliminate advertising limits for conventional television stations. ZoomerMedia further submitted that the proposed change would place its stations on an equal footing with other religious television stations that do not have limits on the amount of time dedicated to the solicitation of funds.

40. Miracle Channel, licensee of CJIL-DT Lethbridge, requested the deletion of its condition of licence prohibiting the broadcast of advertising material other than material that promotes religious goods and services. The licensee argued that other religious broadcasters have no such restrictions on advertising and that there is some ambiguity as to what constitute religious goods and services.

41. The Commission notes that it eliminated limits on advertising material for conventional television stations as of 1 September 2009. Consequently, the Commission considers that conditions of licence limiting the amount of advertising broadcast by the Crossroads and ZoomerMedia stations are no longer necessary. Accordingly, the Commission is deleting the conditions of licence relating to the broadcast of advertising material for CITS-DT Hamilton, CKCS-DT Edmonton, CKES-DT Calgary, CIIT-DT Winnipeg and CHNU-DT Fraser Valley.

42. The Commission further considers that removal of the condition of licence restricting the type of advertising that CJIL-DT Lethbridge may broadcast would be consistent with its decision to eliminate restrictions on the broadcast of advertising material for conventional television stations, described above, and with the Commission’s approach to other religious television services. Accordingly, the Commission approves the licensee’s request. However, the Commission reminds the licensee that it will continue to be subject to the Guidelines on Ethics as set out in the Religious Broadcasting Policy with respect to solicitation of funds.

Licensees that wish to operate their undertakings under the same terms and conditions

43. The Commission notes that a number of licensees have confirmed that they wish to operate their conventional or community-based television programming undertakings under the same terms and conditions in effect under the current licence term, as amended to reflect standard requirements and provisions that have been adopted since the last licence renewal. The undertakings in question are: CIMC-TV Isle Madame, NS; CHNE-TV Cheticamp, NS; CHCO-TV St. Andrews, NB; Cable14 Hamilton, ON; CH5248 Neepawa, MB; CFSO-TV Cardston, AB; CHET-TV Chetwynd, BC; CFEG-TV Abbotsford, BC; CIHC-TV Hay River, NT; and CHMG-TV Québec, QC.

44. Accordingly, the Commission has imposed the standard conditions of licence, expectations and encouragements applicable to these undertakings and as well as current requirements, as applicable. These are set out in appendices 15 to 25 to this decision.

Non-compliance and length of the licence term

45. In determining the appropriate licence term, the Commission has assessed the licensees’ compliance with their regulatory requirements over the course of the past licence term. The Commission has relied principally on the logs and records submitted by licensees to evaluate compliance with their conditions of licence and requirements. The Commission has also taken into consideration:

any explanations provided by licensees concerning errors or discrepancies in their logs;
frequency of the non-compliance;
the number of instances of non-compliance;
whether measures were taken to address the non-compliance; and
the nature of the non-compliance.

46. The Commission has examined all instances of non-compliance on a case-to-case basis.

CJON-DT St. John’s

47. The Commission’s analysis found Newfoundland Broadcasting in apparent non-compliance with its condition of licence for CJON-DT requiring it to closed caption 90% of its programming during the broadcast day and 100% of its news programming for the 2008-2009, 2009-2010 and 2010-2011 broadcast years.

48. The licensee did not dispute the Commission’s results. The licensee explained that, for its news programming, it had difficulty captioning its “news checkpoints” (short news bulletins) as they are produced quickly and brought to air within minutes. It stated that it currently captions this programming but that captioning is still in the experimental stage and it is unable to say with confidence that there will not be further glitches in the future. For the remainder of its programming, the licensee has implemented several internal mechanisms and, effective 1 September 2013, it indicated that it would caption 100% of its programming.

49. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence for closed captioning for CJON-DT St. John’s for the 2008-2009, 2009-2010 and 2010-2011 broadcast years. The Commission has considered the provision of closed captioning to be a priority since 2001 when it began requiring stations to close caption, by condition of licence, a minimum of 90% of all programming and 100% of news programming. Accordingly, it considers that the non-compliance in this case was significant and that the appropriate regulatory measure is a short-term licence renewal. In light of the above, the Commission is renewing the broadcasting licence for CJON-DT St. John’s for a four-year term.

CHFD-DT Thunder Bay

50. The Commission’s analysis found Thunder Bay in apparent non-compliance with its condition of licence for CHFD-DT requiring it to close caption 90% of all programming during the broadcast day and 100% of its news programming during the 2008-2009 and 2009-2010 broadcast years.

51. The licensee did not dispute the Commission’s findings. To address the problem, Thunder Bay has increased the hours of its in-house captionists.

52. In light of the above, the Commission finds the licensee to be in non-compliance with its condition of licence for closed captioning for CHFD-DT Thunder Bay during the 2008-2009 and 2009-2010 broadcast years. However, the Commission notes that the licensee made steady improvements throughout the licence term and has been in compliance since 2010-2011. Accordingly, the Commission considers that the appropriate regulatory measure is a short-term renewal. In light of the above, the Commission is renewing the broadcasting licence for CHFD-DT Thunder Bay licence for a five year term.

CITS-DT Hamilton

53. The Commission’s analysis found Crossroads in apparent non-compliance with its condition of licence for CITS-DT requiring it to close caption 90% of its programming during the broadcast day during the 2010-2011 and 2011-2012 broadcast years. The licensee argued that some programs provided to it by independent producers did not have captioning. While some of those programs are no longer broadcast, the licensee has also taken further measures regarding quality control and stated that, going forward, it will no longer broadcast programming that does not comply with closed-captioning rules.

54. In light of the above, the Commission finds the licensee in non-compliance with its condition of licence for closed captioning for CITS-DT Hamilton during the 2010-2011 and 2011-2012 broadcast years. The Commission considers that the appropriate regulatory measure is a short-term renewal. In light of the circumstances of the non-compliance and the steps taken by the licence, the Commission is renewing the broadcasting licence for CITS-DT Hamilton for a five-year term.

CFTV-DT Leamington

55. The Commission’s analysis found Southshore in apparent non-compliance with its condition of licence for CFTV-DT requiring that 80% of the broadcast year be devoted to Canadian programming during the 2008-2009, 2009-2010, 2010-2011 and 2011-2012 broadcast years. The licensee also appeared to have failed to meet its condition of licence requiring that 60% of the broadcast year be devoted to local programming.

56. The licensee explained that, as a not-for-profit community station, its financial resources are limited but that it has worked diligently to improve log reporting software and expand its partnerships to meet its Canadian and local programming requirements. The licensee has not sought to amend these conditions of licence.

57. In light of the above, the Commission finds the licensee in non-compliance with its conditions of licence for Canadian and local programming for CFTV-DT Leamington during the 2008-2009, 2009-2010, 2010-2011 and 2011-2012 broadcast years. The Commission considers that its local and Canadian programming requirements are key defining elements of the CFTV-DT Leamington’s licence. The licensee did not dispute the Commission’s findings, nor has it provided any significant evidence of clear measures that it will take to ensure ongoing compliance. The Commission considers that the non-compliance is significant and systematic, and that the appropriate regulatory measure is a short-term renewal. Accordingly, the Commission is renewing the broadcasting licence for CFTV-DT Leamington for a four-year term.

CKCS-DT Calgary and CKES-DT Edmonton

58. The Commission’s analysis found Crossroads in apparent non-compliance with its requirements to devote no less than 75% of the broadcast day and 50% of the period between 7 p.m. and 11 p.m. to programming drawn from category 4 Religion for CKCS-DT and CKES-DT during the 2008-2009, 2009-2010, 2010-2011 and 2011-2012 broadcast years. In addition, the licensee appeared to be in non-compliance with its conditions of licence requiring that 90% of its programming be closed captioned during the 2010-2011 and 2011-2012 broadcast years.

59. The licensee submitted that the non-compliance concerning the broadcast of Category 4 programming was due to the method it used to code its programming. It argued that, despite this categorization, most of its programs dealt with a variety of religious perspectives and themes.

60. Regarding the non-compliance with the closed captioning requirement, the licensee indicated that some programs it broadcast were provided by independent producers without closed captioning. It has taken measures to ensure that going forward it will not broadcast programming that does not comply with captioning requirements.

61. The Commission has reviewed the licensee’s program schedule and considers that the majority of its programming may be considered as religious for the purpose of meeting its condition of licence concerning religious programming. The Commission, however, finds the licensee in non-compliance with its condition of licence for closed captioning for CKCS-DT Calgary and CKES-DT Edmonton for the 2010-2011 and 2011-2012 broadcast years. The Commission considers that the appropriate regulatory measure is a short-term renewal. In light of the above, the Commission is renewing the broadcasting licences for CKCS-DT Calgary and CKES-DT Edmonton for a five-year term.

CIIT-DT Winnipeg and CHNU-DT Fraser Valley

62. The Commission’s analysis found ZoomerMedia in apparent non-compliance with its condition of licence requiring that no less than 75% of all programming broadcast during the broadcast day and no less than 50% of the programming broadcast during peak time hours (7 p.m. to 11 p.m.) be devoted to Category 4 religion during 2011-2012 broadcast year for its stations CIIT-DT Winnipeg and CHNU-DT Fraser Valley.

63. ZoomerMedia argued that the shortfall was due to the practice of producers seeking Canadian programming certification for programs under a content category other than Category 4 to assist in the sale and re-sale of productions as well as the fact that the Canada Media Fund (CMF) does not provide funding for Category 4 programming. Instead, many of the programs were categorized as Category 2(a) Long-form documentaries when they obtained the Canadian certification. The licensee considered that such programs should be considered as religious for purposes of its condition of licence.

64. The Commission notes the evidence the licensee submitted that the programs in question have religion and religious teachings as their primary theme. Based on this evidence, the Commission is of the view that the licensee should not be found in non-compliance with respect to compliance with its condition of licence to broadcast programming from Category 4 Religion for the 2011-2012 broadcast year for CIIT-DT and CHNU-DT. In light of the above, the Commission is renewing the broadcasting licences for CIIT-DT Winnipeg and CHNU-DT Fraser Valley for a seven-year term.

CHAT-TV Medicine Hat, CFJC-TV Kamloops and CKPG-TV Prince George

65. The Commission’s analysis found Jim Pattison in apparent non-compliance with the Canadian programming requirements specified in the Regulations for the following stations during the specified broadcast years:

CHAT-TV: 2008-2009, 2009-2010
CFJC-TV: 2009-2010
CKPG-TV: 2008-2009

66. The licensee also appeared to have failed to meet its condition of licence that require it to ensure that 100% of news programming is closed captioned during the 2009-2010 broadcast year for all three of the above stations.

67. The licensee stated that it had never received notification about its failure to comply with its requirement to broadcast Canadian programs. Nevertheless, it indicated that in 2011, it took additional measures to ensure compliance going forward. Regarding closed captioning, Jim Pattisson indicated that it was under the impression that its requirement to caption 100% of its news was an expectation and not a condition of its licence. It submitted that, since May 2010, it has been in compliance with this condition of licence.

68. In light of the above, the Commission finds that the licensee was in non-compliance with its requirement to broadcast Canadian programming during the following broadcast years:

CHAT-TV: 2008-2009, 2009-2010
CFJC-TV: 2009-2010
CKPG-TV: 2008-2009

69. The Commission further finds the licensee in non-compliance with its closed captioning requirements for the 2009-2010 broadcast year.

70. Although the instances of non-compliance discussed above are significant, the Commission notes that they do not appear to be systemic and that the licensee has implemented measures to address these issues. Accordingly, the Commission considers that the appropriate regulatory measure is a short-term licence renewal and is renewing the broadcasting licences for CHAT-TV Medicine Hat, CFJC-TV Kamloops, and CKPG-TV Prince George for a five-year term.

CJIL-DT Lethbridge

71. The Commission’s analysis found Miracle Channel in apparent non-compliance with its condition of licence for CJIL-DT requiring it to closed caption 90% of its programming during the broadcast day and 100% of its local programming during the 2011-2012 broadcast year. The licensee argued that, although it captioned all of its programming, there were instances where its equipment for inserting captions failed or there was a power loss that prevented insertion.

72. The Commission finds the licence in non-compliance with its closed captioning requirements for CJIL-DT Lethbridge for the 2011-2012 broadcast year. However, the Commission is of the view that this non-compliance was not systemic and notes that the licensee was in compliance in all other areas. Accordingly, the Commission is renewing the broadcasting licence for CJIL-DT Lethbridge for a full seven-year term.

Other undertakings

73. Given that there were no issues of non-compliance for the other undertakings, the Commission considers it appropriate to renew their broadcasting licences for a full seven-year term.

Other matters

74. After examining the applications, the Commission consider it appropriate to address a number of other issues. These include eliminating expectations related to priority programming pursuant to Broadcasting Regulatory Policy 2010-167, removing limits on the broadcast of programs from Rogers’ OMNI ethnic stations by CIIT-DT Winnipeg and CHNU-DT Fraser Valley, and the definition of the broadcast day for CHAT-TV Medicine Hat.

75. Revised conditions of licence, expectations, and definitions related to the Commission’s determinations in these matters are set out in the appendices attached to this decision.

Conclusion

76. In light of all of the above, the Commission renews the broadcasting licences for the following independent conventional and community-based television programming undertakings subject to the conditions of licence set out in the appropriate appendices to this decision until the expiry dates set out below:

Undertaking	Expiry date	Appendix
CJON-DT St. John’s, Newfoundland and Labrador and its transmitters CJOM-TV Argentia, CJCN-TV Norris Arm, CJSV-TV Stephenville, CJMA-TV Marystown, CJWB-TV Bonavista, CJWN-TV Corner Brook, CJRR-TV Red Rocks, CJCV-TV Clarenville, CJLW-TV Deer Lake and CJOX-TV-1 Grand Bank	31 August 2017	1
CHFD-DT Thunder Bay, Ontario	31 August 2018	2
CKPR-DT Thunder Bay, Ontario	31 August 2020	3
CITS-DT Hamilton, Ontario and its transmitters CITS-DT-1 Ottawa and CITS-DT-2 London	31 August 2018	4
CKES-DT Edmonton, Alberta	31 August 2018	5
CKCS-DT Calgary, Alberta	31 August 2018	6
CIIT-DT Winnipeg, Manitoba	31 August 2020	7
CHNU-DT Fraser Valley, British Columbia	31 August 2020	8
CHAT-TV Medicine Hat, Alberta and its transmitters CHAT-TV-1 Pivot and CHAT-TV-2 Maple Creek	31 August 2018	9
CFJC-TV Kamloops, British Columbia and its transmitters CFJC-TV-3 Merritt, CFJC-TV-4 Clinton, CFJC-TV-5 Williams Lake, CFJC-TV-6 100 Mile House, CFJC-TV-8 Chase, CFJC-TV-11 Quesnel, CFJC-TV-12 Nicola and CFJC-TV-19 Pritchard	31 August 2018	10
CKPG-TV Prince George, British Columbia and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel	31 August 2018	11
CITL-DT Lloydminster, Alberta and its transmitters CITL-TV-1 Wainwright, CITL-TV-2 Provost, CITL-TV-4 Bonnyville, CITL-TV-3 Meadow Lake and CITL-TV-10 Alcot Trail	31 August 2020	12
CKSA-DT Lloydminster, Alberta and its transmitters CKSA-TV-2 Bonnyville, CKSA-TV-3 Wainwright and CKSA-TV-4 Provost	31 August 2020	13
CJIL-DT Lethbridge, Alberta and its transmitters CJIL-TV-1 Bow Island and CJIL-TV-2 Burmis	31 August 2020	14
CFSO-TV Cardston, Alberta	31 August 2020	15
CHET-TV Chetwynd, British Columbia and its transmitter CHET-TV-1 Hasler Flats	31 August 2020	16
CIMC-TV Isle Madame, Nova Scotia	31 August 2020	17
CHNE-TV Cheticamp, Nova Scotia	31 August 2020	18
CHCO-TV St. Andrews, New Brunswick	31 August 2020	19
CHMG-TV Québec, Quebec	31 August 2020	20
CFTV-DT Leamington, Ontario	31 August 2017	21
CH5248 Neepawa, Manitoba	31 August 2020	22
CFEG-TV Abbotsford, British Columbia	31 August 2020	23
CIHC-TV Hay River, Northwest Territories	31 August 2020	24
Cable14 Hamilton, Ontario	31 August 2020	25

77. The Commission emphasizes the importance it places on a licensee’s fulfillment of its regulatory requirements. The short-term renewals granted in this decision will allow for an earlier review of the affected licensees’ compliance with their conditions of licence and other regulatory requirements.

78. The Commission reminds the licensees that they must fulfill any outstanding tangible benefits as set out in prior Commission decisions.

Program logs

79. Section 10(3) of the Regulations states that, except as otherwise provided under a condition of its licence,^[7] a licensee shall furnish to the Commission, within 30 days after the end of each month, the program log or machine-readable record of its programming for the month.

80. The Commission reminds licensees that, according to the Regulations, the logs shall at all times be kept in an acceptable form, which means that they must be accurate, exact and precise.

81. The Commission will provide an annual assessment of the licensee’s compliance with its regulatory requirements. This evaluation will be sent to the licensee before the end of the broadcast year following the year being evaluated. This will allow the licensee to verify that it is in compliance with its requirements for the year being evaluated.

82. It is important that licensees ensure that their program logs are in compliance throughout the year because the Commission will not re-evaluate the licensee’s compliance for the year in question.

Secretary General

Appendix 1 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CJON-DT, St. John’s, Newfoundland and Labrador and its transmitters CJOM-TV Argentia, CJCN-TV Norris Arm, CJSV-TV Stephenville, CJMA-TV Marystown, CJWB-TV Bonavista, CJWN-TV Corner Brook, CJRR-TV Red Rocks, CJCV-TV Clarenville, CJLW-TV Deer Lake and CJOX-TV-1 Grand Bank

Terms

The licence will expire 31 August 2017.

Conditions of licence

1. The licensee shall adhere to the standard conditions of licence for conventional television stations set out in Standard conditions of licence, expectations and encouragements for conventional television stations, Broadcasting Regulatory Policy CRTC 2011-442, 27 July 2011, as amended from time to time.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at seven o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

The standard expectations applicable to this licensee are set out in the appendix to Standard conditions of licence, expectations and encouragements for conventional television stations, Broadcasting Regulatory Policy CRTC 2011-442, 27 July 2011, as amended from time to time.

Encouragements

The standard encouragements applicable to this licensee are set out in the appendix to Standard conditions of licence, expectations and encouragements for conventional television stations, Broadcasting Regulatory Policy CRTC 2011-442, 27 July 2011, as amended from time to time.

Appendix 2 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CHFD-DT Thunder Bay, Ontario

Terms

The licence will expire 31 August 2018.

Conditions of licence

2. For the purposes of compliance with standard conditions of licence 12 and Local Programming Improvement Fund (LPIF) eligibility, the licensee shall broadcast at least 14 hours of local programming per week, counted in aggregate with the local programming of CKPR-DT Thunder Bay. The licensee will not be eligible to receive funding from the LPIF if it is not in compliance with this condition of licence.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o'clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 3 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CKPR-DT Thunder Bay, Ontario

Terms

The licence will expire 31 August 2020.

Conditions of licence

2. For the purposes of compliance with standard conditions of licence 12 and Local Programming Improvement Fund (LPIF) eligibility, the licensee shall broadcast at least 14 hours of local programming per week, counted in aggregate with the local programming of CHFD-DT Thunder Bay. The licensee will not be eligible to receive funding from the LPIF if it is not in compliance with this condition of licence.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 4 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CITS-DT Hamilton, Ontario

Terms

The licence will expire 31 August 2018.

Conditions of licence

2. All programming broadcast by the undertaking shall be religious programming as defined by the Commission in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993.

3. The licensee shall adhere to the guidelines on ethics and the provision of balance in religious programming as set out in sections III.B.2a) and IV of the Commission’s Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, as amended from time to time.

4. The licensee shall broadcast a minimum weekly level of 20 hours of balance programming, 18 hours of which must be original balance programming. Additionally, of the 20 hours of balance programming, 12 hours must be broadcast between 6:00 p.m. and 11:00 p.m.

For the purpose of the conditions of licence, “balance programming” is defined as programming devoted to providing differing views on issues and events presented during the station’s primary programming and include the presentation of different religions.

The term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 5 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CKES-DT Edmonton, Alberta

Terms

The licence will expire 31 August 2018.

Conditions of licence

2. Not less than 75% of all programming broadcast by the licensee during the broadcast day and not less than 50% of the programming broadcast during peak time hours (7 p.m. to 11 p.m.) shall be devoted to programs drawn from category 4 (Religion), as set out in item 6 of Schedule I to the Television Broadcasting Regulations, 1987.

3. The remainder of the programming broadcast by the licensee may be:

a) programs that reflect broadly accepted religious, spiritual, ethical or moral values; and/or

b) other programming, provided it is contextualized, and each contextual segment is:

appropriately drawn from category 4 (Religion);
clearly linked and integral to the subject matter of the content being contextualized; and
at least equal in duration to the content being contextualized.

4. The licensee shall broadcast a minimum of 18 hours of balance programming in every broadcast week, of which 11 hours shall be original balance programming and 8 hours shall be broadcast between 6 p.m. and 11 p.m.

5. The licensee shall adhere to the guidelines on ethics and the provision of balance in religious programming as set out in sections III.B.2a) and IV of the Commission’s Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, as amended from time to time.

For the purpose of the conditions of licence, “balance programming” is defined as programming devoted to providing differing views on issues and events presented during the station's primary programming and include the presentation of different religions.

The term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

The Commission expects the licensee to ensure that a minimum of four hours of programming broadcast every broadcast week is programming by non-Christian faith groups.

The Commission expects the licensee to submit annual reports outlining its activities relating to the licensing of independent production. The reports should include details on project budgets, the number of hours of independently produced programming that is produced and broadcast, production locations and details regarding the location of the producer’s home base. The reports will be made public so that producers and other interested parties can monitor the licensee’s performance in this area. The Commission expects the licensee to consult with Commission staff regarding the content and format of such reports.

The Commission expects the licensee to develop an Alberta-based, religiously diverse, and regionally representational compliance committee to ensure the fair and accurate reflection of religious beliefs and to ensure that the balance requirements set out in the Religious broadcasting policy, Public Notice CRTC 1993-78, 3 June 1993, are consistently met.

Encouragements

Appendix 6 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CKCS-DT Calgary, Alberta

Terms

The licence will expire 31 August 2018.

Conditions of licence

3. The remainder of the programming broadcast by the licensee may be:

a) programs that reflect broadly accepted religious, spiritual, ethical or moral values; and/or

b) other programming, provided it is contextualized, and each contextual segment is:

appropriately drawn from category 4 (Religion);
clearly linked and integral to the subject matter of the content being contextualized; and
at least equal in duration to the content being contextualized.

For the purpose of the condition of licence, “balance programming” is defined as programming devoted to providing differing views on issues and events presented during the station's primary programming and include the presentation of different religions.

The term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

The Commission expects the licensee to ensure that a minimum of 4 hours of programming broadcast every broadcast week is programming by non-Christian faith groups.

Encouragements

Appendix 7 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CIIT-DT Winnipeg, Manitoba

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the standard conditions of licence for conventional television stations set out in Standard conditions of licence, expectations and encouragements for conventional television stations, Broadcasting Regulatory Policy CRTC 2011-442, 27 July 2011, as amended from time to time; with the exception of conditions of licence 8 (video description) and 9 (affiliation to a network).

2. Not less than 75% of all programming broadcast by the licensee during the broadcast day and not less than 50% of the programming broadcast during peak time hours (7 p.m. to 11 p.m.) shall be devoted to programs drawn from Category 4 – Religion, as set out in item 6 of Schedule 1 to the Television Broadcasting Regulations, 1987.

3. The licensee shall broadcast a minimum of 18 hours per week of balance programming, of which 12 hours shall be original Canadian programs. At least 2.5 hours of weekly balance programming shall be original locally-produced Canadian programs from a faith-specific non-Christian perspective.

(a) At least 7.5 hours of the 18 hours of balance programming referred to above shall be broadcast between 6 p.m. and 11 p.m. and shall be original Canadian programs.

(b) The licensee shall submit, within 60 days of the end of each broadcast year, a report for each week in the broadcast year that includes the title, the broadcast day, broadcast time and duration of its balance programs, along with a brief description of each balance program that describes how the program served to fulfil the terms of this condition.

4. Not less than 50% of all programming broadcast in peak time (7:00 p.m. to 11:00 p.m.) shall be Canadian programs.

5. At least four hours per month of described video shall be provided. Over the licence term, 50% of the described programming shall be original programming.

6. The licensee shall file with the Commission, concurrently with the annual return, annual reports setting out the details of all expenditures related to the tangible benefits associated with the transfer control of Christian Channel Inc. from VisionTV, Canada’s Faith Network/Réseau religieux canadien to ZoomerMedia Limited.

7. The licensee shall adhere to the guidelines on ethics and the provision of balance in religious programming as set out in sections III.B.2a) and IV of the Commission’s Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, as amended from time to time.

The term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 8 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CHNU-DT Fraser Valley, British Columbia, and its transmitter CHNU-DT-1 Victoria

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the standard conditions of licence for conventional television stations set out in Standard conditions of licence, expectations and encouragements for conventional television stations, Broadcasting Regulatory Policy CRTC 2011-442, 27 July 2011, as amended from time to time; with the exception of conditions of licence 8 (video description) and 9 (affiliation to a network).

2. Not less than 75% of all programming broadcast by the licensee during the broadcast day and not less than 50% of the programming broadcast during peak time hours (7 p.m. to 11 p.m.) shall be devoted to programs drawn from Category 4 – Religion, as set out in item 6 of Schedule 1 to the Television Broadcasting Regulations, 1987.

3. The licensee shall broadcast a minimum of 18 hours per week of balance programming, of which 12 hours shall be Canadian programs broadcast between 6 p.m. and 11 p.m. At least 15.5 hours of weekly balance programming shall be original first-run programming.

(a) At least 7.5 hours of the 18 hours of balance programming referred to above shall be faith-specific programming produced by individual non-Christian groups. This programming will include presentations from the Buddhist, Hindu, Jewish, Muslim and Sikh perspectives and be broadcast between 7 p.m. and 11 p.m. and on Saturdays from 8:30 a.m. and 1:30 p.m.

4. Not less than 50% of all programming broadcast in peak time (7:00 p.m. to 11:00 p.m.) shall be Canadian programs.

5. At least four hours per month of described video shall be provided. Over the licence term, 50% of the described programming shall be original programming.

6. The licensee shall file with the Commission, concurrently with the annual return, annual reports setting out the details of all expenditures related to the tangible benefits associated with the transfer control of Christian Channel Inc. from VisionTV: Canada’s Faith Network/Réseau religieux canadien to ZoomerMedia Limited.

For the purpose of the conditions of licence, “balance programming” is defined as programming devoted to providing differing views on issues and events presented during the station’s primary programming, which addresses matters from a Christian perspective, and includes the presentation of different religions.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 9 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CHAT-TV Medicine Hat, Alberta and its transmitters CHAT-TV-1 Pivot and CHAT-TV-2 Maple Creek

Terms

The licence will expire 31 August 2018.

Conditions of licence

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 10 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CFJC-TV Kamloops, British Columbia and its transmitters CFJC-TV-3 Merritt, CFJC-TV-4 Clinton, CFJC-TV-5 Williams Lake, CFJC-TV-6 100 Mile House, CFJC-TV-8 Chase, CFJC-TV-11 Quesnel, CFJC-TV-12 Nicola and CFJC-TV-19 Pritchard

Terms

The licence will expire 31 August 2018.

Conditions of licence

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 11 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CKPG-TV Prince George, British Columbia and its transmitters CKPG-TV-1 Hixon, CKPG-TV-4 Mackenzie and CKPG-TV-5 Quesnel

Terms

The licence will expire 31 August 2018.

Conditions of licence

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 12 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CITL-DT Lloydminster, Alberta and its transmitters CITL-TV-1 Wainwright, CITL-TV-2 Provost, CITL-TV-3 Meadow Lake, CITL-TV-4 Bonnyville, and CITL-TV-10 Alcot Trail

Terms

The licence will expire 31 August 2020.

Conditions of licence

2. For the purposes of compliance with the standard condition of licence 12 and Local Programming Improvement Fund (LPIF) eligibility, the licensee must broadcast at least 14 hours of local programming per week, counted in aggregate with the local programming of CKSA-DT Lloydminster. The licensee will not be eligible to receive funding from the LPIF if it is not in compliance with this condition of licence.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 13 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CKSA-DT Lloydminster, Alberta and its transmitters CKSA-TV-2 Bonnyville, CKSA-TV-3 Wainwright and CKSA-TV-4 Provost

Terms

The licence will expire 31 August 2020.

Conditions of licence

2. For the purposes of compliance with the standard condition 12 and Local Programming Improvement Fund (LPIF) eligibility, the licensee must broadcast a total of 14 hours of local programming per week, counted in aggregate with the local programming of CITL-DT Lloydminster. The licensee will not be eligible to receive funding from the LPIF if it is not in compliance with this condition of licence.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 14 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CJIL-DT Lethbridge, Alberta and its transmitters CJIL-TV-1 Bow Island and CJIL-TV-2 Burmis

Terms

The licence will expire 31 August 2020.

Conditions of licence

2. During each broadcast week, the licensee shall broadcast, at a minimum, 14 hours of programming that presents differing views on religion and matters of general concern, including four hours of such programming between 6:00 p.m. and midnight.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

Encouragements

Appendix 15 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the low-power conventional television programming undertaking CFSO-TV Cardston, Alberta

Terms

The licence will expire 31 August 2020.

Conditions of licence

2. If the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV of the public notice with respect to the provision of balance and ethnics in religious programming, as amended from time to time.

Expectations

Encouragements

Appendix 16 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based television programming undertaking CHET-TV Chetwynd, British Columbia and its transmitter CHET-TV-1 Hasler Flats

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in the appendix to Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

Appendix 17 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based television programming undertaking CIMC-TV Isle Madame, Nova Scotia

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in the appendix to Community television Policy - Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee is relieved from the requirements of sections 10(1) to 10(4) of the Television Broadcasting Regulations, 1987 (the Regulations) with regard to the retention of program logs or records. The Commission reminds the licensee that it must retain a clear and intelligible audio-visual recording of all its programming, and provide it, upon request, to the Commission, pursuant to the requirements of subsections 10(5) and 10(6) of the Regulations.

Appendix 18 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based television programming undertaking CHNE-TV Cheticamp, Nova Scotia

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

Appendix 19 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based television programming undertaking CHCO-TV St. Andrews, New Brunswick

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

Appendix 20 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence and expectations for the low-power community-based television programming undertaking CHMG-TV Québec, Quebec

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee shall devote not less than 80% of the broadcast year to the broadcast of Canadian programming.

3. The licensee shall devote not less than 60% of the broadcast year to the broadcast of local programming, as defined in Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2012 as amended by Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010.

4. In each broadcast year, the licensee shall devote not less than 5% of gross revenues derived from broadcasting activities for the current year to the acquisition of programming produced by other independent producers of the Québec region.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Expectations

The Commission expects the licensee to caption 100% of its English- and French-language programs.

Appendix 21 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low power community-based television programming undertaking CFTV-DT Leamington, Ontario

Terms

The licence will expire 31 August 2017.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee shall devote not less than 80% of the broadcast year to the broadcast of Canadian programming.

3. The licensee is authorized to multiplex its digital television signal in order to provide up to four separate programming services offering the following: local community programming, French- and Spanish-language programming, programming for people with intellectual, mobility, hearing and visual disabilities, Aboriginal programming from the local Caldwell First Nation, and local municipal programming.

(a) The licensee shall, for each of these programming services, devote not less than 80% of the broadcast year to the broadcast of Canadian programs.

(b) Further, the licensee shall, for each of these programming services, devote not less than 60% of the broadcast year to the broadcast of local programming, as defined in Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, as amended by Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2011.

For the purpose of the conditions of licence, the term “broadcast day” means a period of 18 consecutive hours, beginning each day at six o’clock in the morning.

“Evening broadcast period,” “broadcast month” and “broadcast year” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987.

Appendix 22 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based television programming undertaking CH5248 Neepawa, Manitoba

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee is relieved from the requirements of subsections 10(1) to 10(4) of the Television Broadcasting Regulations, 1987 (the Regulations) with regard to the retention of program logs or records. The Commission reminds the licensee that it must retain a clear and intelligible audio-visual recording of all its programming, and provide it, upon request, to the Commission, pursuant to the requirements of subsections 10(5) and 10(6) of the Regulations.

Appendix 23 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the low-power community-based religious television programming undertaking CFEG-TV Abbotsford, British Columbia

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee shall broadcast only religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993 (Public Notice 1993-78), as amended from time to time, with the exception of programs or program segments produced by the applicant for the purpose of ensuring balance on matters of public concern.

3. The licensee shall adhere to the guidelines on ethics and the provision of balance in religious programming, as set out in sections III.B.2a) and IV of the Commission’s Religious Broadcasting Policy, Public Notice 1993-78, 13 June 1993, as amended from time to time.

4. The licensee shall not broadcast advertising material.

5. The licensee shall not broadcast the programming of any other programming undertaking.

Appendix 24 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the community-based television programming undertaking CIHC-TV Hay River, Northwest Territories

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

2. The licensee is relieved of the requirements of section 4 of the Television Broadcasting Regulations, 1987 (the Regulations) with regard to Canadian programs; of section 10 with regard to the retention of program logs or records; and of section 11 with regard to advertising material. The Commission reminds the licensee that it must retain a clear and intelligible audio-visual recording of all its programming, and provide it, upon request, to the Commission, pursuant to the requirements of subsections 10(5) and 10(6) of the Regulations.

Appendix 25 to Broadcasting Decision CRTC 2013-467

Terms and conditions of licence for the community programming network Cable14 Hamilton, Ontario

Terms

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the provisions and requirements for community-based television stations set out in the appendix to Community television policy, Broadcasting Regulatory Policy CRTC 2010-622, 26 August 2010, and in Community television policy – Correction, Broadcasting Regulatory Policy CRTC 2010-622-1, 13 September 2010, as amended from time to time.

Footnotes

[1] The original licence expiry date for these stations was 31 August 2012. The licences were administratively renewed until 31 August 2013 as a result of Broadcasting Decision 2011-417.

[2] On 1 July 2013, ONE: The Body, Mind and Spirit Channel Inc., Christian Channel Inc.,Vision TV Digital Inc., 8567093 Canada Limited and ZoomMedia Limited amalgamated to continue as ZoomerMedia Limited.

[3] A twin-stick operation is one in which two over-the-air television stations are owned by a single licensee and operate in the same market.

[4] ZoomerMedia is currently required to broadcast four hours of DV programming a month, 50% of which must be original programming, for CHNU-DT and CIIT-DT.

[5] See Broadcasting Decision 2005-207.

[6] “Balance programming” is defined as programming devoted to providing differing views on issues and events presented during the station’s primary programming and includes the presentation of different religions.

[7] In Broadcasting Regulatory policies 2010-622 and 2010-622-1, the Commission stated that it would be prepared to grant relief from the logging requirements set out in section 10 of the Regulations, upon application from licensees of community-based television undertakings serving remote areas.

Date modified:: 2013-08-30

ARCHIVED - Broadcasting Decision CRTC 2013-467

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Various independent conventional and community-based television programming undertakings – Licence renewals

Introduction

Conventional television stations

Low-power conventional television stations

Low-power community-based television stations

Community-based television station

Community programming network

Commission’s analysis and decisions

Exceptions to standard requirements for conventional television stations

Standard requirement for local programming

CHFD-DT and CKPR-DT Thunder Bay, ON and CITL-DT and CKSA-DT Lloydminster, British Columbia

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

Standard requirement with respect to affiliation to a network

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

Standard requirements with respect to closed captioning

CHFD-DT and CKPR-DT Thunder Bay, ON; CFJC-TV Kamloops, CKPG-TV Prince George, BC and CHAT-TV Medicine Hat, AB; CITL-DT and CKSA-DT Lloydminster, AB, and CHMG-TV, Québec, QC

Standard requirements with respect to described video

CHFD-DT and CKPR-DT Thunder Bay, ON; CITL-DT and CKSA-DT Lloydminster, AB; CIIT-DT Winnipeg, MB, and CHNU-DT Fraser Valley, BC

Request for LPIF support

CHNU-DT Fraser Valley, BC

Religious programming

CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC

Contextualization of non-religious programming

Balance programming requirement

Broadcast of advertising

CITS-DT Hamilton, ON; and CKCS-DT Edmonton and CKES-DT Calgary, AB; CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC; and CJIL-DT Lethbridge, AB

Licensees that wish to operate their undertakings under the same terms and conditions

Non-compliance and length of the licence term

CJON-DT St. John’s

CHFD-DT Thunder Bay

CITS-DT Hamilton

CFTV-DT Leamington

CKCS-DT Calgary and CKES-DT Edmonton

CIIT-DT Winnipeg and CHNU-DT Fraser Valley

CHAT-TV Medicine Hat, CFJC-TV Kamloops and CKPG-TV Prince George

CJIL-DT Lethbridge

Other undertakings

Other matters

Conclusion

Program logs

Related documents

Appendix 1 to Broadcasting Decision CRTC 2013-467

Terms

Conditions of licence

Expectations

Encouragements

Appendix 2 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CHFD-DT Thunder Bay, Ontario

Terms

Conditions of licence

Expectations

Encouragements

Appendix 3 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional television programming undertaking CKPR-DT Thunder Bay, Ontario

Terms

Conditions of licence

Expectations

Encouragements

Appendix 4 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CITS-DT Hamilton, Ontario

Terms

Conditions of licence

Expectations

Encouragements

Appendix 5 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CKES-DT Edmonton, Alberta

Terms

Conditions of licence

Expectations

Encouragements

Appendix 6 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CKCS-DT Calgary, Alberta

Terms

Conditions of licence

Expectations

Encouragements

Appendix 7 to Broadcasting Decision CRTC 2013-467

Terms, conditions of licence, expectations and encouragements for the conventional religious television programming undertaking CIIT-DT Winnipeg, Manitoba

CITS-DT Hamilton, ON; and CKCS-DT Edmonton and CKES-DT Calgary, AB; CIIT-DT Winnipeg, MB and CHNU-DT Fraser Valley, BC; and
CJIL-DT Lethbridge, AB