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ARCHIVED - Broadcasting Procedural Letter addressed to Various parties

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Ottawa, 13 July 2016

Via E-mail: 

Mr. Stephen Waddell
National Executive Director
Alliance of Canadian Cinema, Television and Radio Artists (ACTRA)
swaddell@actra.ca

Mr. Reynolds Mastin
President and CEO
Canadian Media Producers Association (CMPA)
reynolds.mastin@cmpa.ca

Mr. Brian Baker
National Executive Director
Directors Guild of Canada (DGC)
bbaker@dgc.ca

Mrs. Maureen Parker
Executive Director
Writers Guild of Canada (WGC)
m.parker@wgc.ca

Re: Request to extend the deadline and obtain clarification relating to the Broadcasting Notice of Consultation CRTC 2016-225

Dear Sir / Madam

In response to, a letter from Alliance of Canadian Cinema, Television and Radio Artists (ACTRA), Directors Guild of Canada (DGC), Canadian Media Producers Association (CMPA) and Writers Guild of Canada (WGC) (hereinafter: “the applicants”) dated 22 June 2016, relating to the renewal of television licences held by large English-language and French-language ownership groups, as outlined in Broadcasting Notice of Consultation CRTC 2016‑225 (BNC 2016-225). In this letter, the applicants express their support for the procedural request from FRPC that the intervention period provided to the parties in BNC 2016-225 be extended to 2 September 2016. They also request access to specific data on the services relating to the present renewal.

In Broadcasting Notice of Consultation CRTC 2016-225-1, the Commission approved a request from the licensees to extend the intervention period. Consequently, the end of the intervention period was extended to 15 August 2016. The Commission estimates that this period of time is sufficient to submit an intervention as part of this proceeding.

With regard to the data requested, clarifications are provided below in accordance with the type of data being sought.

Annual report on the expenditures of the groups on programs of national interest (PNI) for the 2014–2015 broadcast year: These reports were posted on the Commission’s website for each group (see http://www.crtc.gc.ca/eng/bcasting/ann_rep/annualrp.htm). Data relating to the expenditures on PNI is also available for each group in appendix 3 attached to the requests for renewal and placed on the public record of proceeding 2016‑225. This data is divided by language of broadcast and region where the programs were produced. However, it should be noted that the applicants are authorized not to disclose the information on their programing in cases where fewer than three programs are involved.

Statistical and financial summaries of specialty, pay, pay-per-view and video-on-demand services for broadcast years 2011–2012 to 2014–2015: The requested report was published on 23 June 2016, and is available on the Commission’s website at http://www.crtc.gc.ca/eng/publications/reports/branalysis/psp2015/psp2015.htm.

Minimum threshold of 10% in terms of Canadian programming expenditures (CPE) for newly included services in a designated group: CPE historical data can be consulted on the BNC 2016-225 public record. I encourage you to consult the public record of this proceeding should other documents be added prior to the hearing. Concerning the minimal threshold of 10%, additional questions were asked to the related services further to the submission of renewal applications. These can be consulted on the public record, along with the responses received.

Data related to Corus Category B services: In Broadcasting Decision CRTC 2013-738, Historia and Séries+ - Acquisition of assets and change in effective control, the Commission established that although they are affiliated, Shaw and Corus are structurally separate corporations, with separate management and boards of directors. This structure remains the same today, despite the transaction approved in Broadcasting Decision CRTC 2016-110, Various television services and stations – Corporate reorganization (transfer of shares). Accordingly, the Commission’s practice of treating Shaw and Corus as separate corporations remains unchanged. As it is not a vertically integrated (VI) entity, Corus is not subject to the same requirements as VI entities with regard to disclosing data on Category BFootnote1 services.

In BNC 2016-225, the Commission invited interested parties to file observations on the licence renewal applications of the groups. I therefore invite you to file an intervention as part of this process by stating your concerns in your letter so that licensees can respond directly.

Yours sincerely,

Scott Hutton,
Executive Director, Broadcasting

c.c.: susan.wheeler@rci.rogers.com, sylvie.courtemanche@corusent.com, Kevin.goldstein@bellmedia.ca, Tabet.Peggy@Quebecor.com serge.bellerose55@gmail.com, dean.shaikh@sjrb.ca and aldo@tlntv.com.

Footnotes

Footnote 1

In Broadcasting Regulatory Policy CRTC 2011-601, paragraphs 86 to 88, the Commission established that it is appropriate to publish partial financial information for all independent individual specialty Category B services: total revenues, total programming expenses and total Canadian programming expenses. With regard to Category B services owned or controlled by a VI entity, the Commission determined that licensees had to provide complete information

Return to footnote 1

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