ARCHIVED - Broadcasting Decision CRTC 2015-49

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Route reference: Part 1 application posted on 24 September 2014

Ottawa, 17 February 2015

2190015 Ontario Inc.
Hamilton, Ontario

Application 2014-0116-6

CHCH-DT Hamilton - Amendment to condition of licence relating to closed captioning

The Commission approves an application to amend the condition of licence for CHCH-DT Hamilton relating to the closed captioning of advertising, sponsorship messages and promos so that its effective date is 1 September 2014 rather than 1 September 2013. As a result, the effective date of CHCH-DT’s closed captioning condition of licence is the same as that for the television stations of major, English-language television broadcasters.

Application

1. 2190015 Ontario Inc. (2190015 Ontario) filed an application to request relief from the condition of licence relating to closed captioning for CHCH-DT Hamilton, Ontario. This condition of licence, which is set out in the appendix to CHCH-TV Hamilton and its transmitters and CHCH-DT Hamilton - Acquisition of assets, Broadcasting Decision CRTC 2009-537, 28 August 2009 (Broadcasting Decision 2009-537) and came into effect on 1 September 2013, currently reads as follows:
   • The licensee shall, beginning in year 4 of its licence term:
     • ensure that all advertising, sponsorship messages and promos are closed captioned;
     • adhere to the quality standards on closed captioning developed by the television industry’s working groups, once approved by the Commission and as amended from time to time; and
     • put in place a monitoring system to ensure that closed captioning is included in the broadcast signal and that captioning reaches the viewer in its original form.
2. Specifically, the licensee requested that this condition of licence take effect instead on 1 September 2014 (at the beginning of the fifth year of the station’s licence term). The Commission did not receive any interventions in connection with this application.
3. 2190015 Ontario noted that while the Commission also imposed this condition of licence on the television stations of major English-language broadcasters, it did not come into effect for them until 1 September 2014. The licensee stated that imposing this condition of licence on CHCH-DT one year in advance of most other Canadian television broadcasters makes it very difficult, if not impossible, to fulfill.
4. The licensee further stated that it has been in compliance with closed captioning requirements for advertising, promos and commercials created in-house, and that the problem lies in advertising from advertising agencies, which is not always delivered with closed captioning. It noted that such agencies did not expect to provide closed captioning of all their advertising until September 2014, and indicated that it is not practical or efficient for CHCH-DT to caption that advertising content on its own. The licensee also indicated that as of September 2014, it is committed to providing closed captioning for all advertising, sponsorship messages and promos even in the event that advertising agencies do not deliver their content with closed captioning.

Commission’s decision

5. The condition of licence requiring the closed captioning of advertising, sponsorship messages and promos is a standard condition of licence for television broadcasters. The Commission notes, however, that since the broadcasting licence for CHCH-DT was renewed in 2009 (see Broadcasting Decision 2009-537), this station was subject to the condition one year prior to the television stations owned by large English-language broadcasters.
6. The Commission further notes that the Television Bureau of Canada (TBC) began screening advertising material (including sponsorships and promos) for closed captioning on 1 September 2014. Therefore, prior to that date, CHCH-DT was solely responsible for ensuring that all of its advertising and promotional messages were captioned.
7. After considering the licensee’s arguments, the Commission considers that harmonizing the effective date for CHCH-DT’s closed captioning condition of licence with that for television stations owned by large English-language broadcasters is reasonable. This would ensure that the broadcasting industry is prepared to implement the requirement, and that CHCH-DT is not faced with an additional financial burden.
8. Accordingly, the Commission approves the licensee’s application. CHCH-DT’s closed captioning condition of licence shall now read as follows:
   • The licensee shall, beginning 1 September 2014:
     • ensure that all advertising, sponsorship messages and promos are closed captioned;
     • adhere to the quality standards on closed captioning developed by the television industry’s working groups, once approved by the Commission and as amended from time to time; and
     • put in place a monitoring system to ensure that closed captioning is included in the broadcast signal and that captioning reaches the viewer in its original form.

Secretary General

*This decision is to be appended to the licence.

Date modified:

2015-02-17