Broadcasting - Commission letter addressed to the Distribution List

Ottawa, 10 August 2022

Our reference: 2017-138

BY EMAIL

Distribution List

Re: Request for Information regarding availability of Described Video on Video-on- Demand Services

Background

On 10 May 2017, the Canadian Radio-television and Telecommunications Commission (CRTC) published Broadcasting Regulatory Policy CRTC 2017-138, Standard requirements for on-demand services. In that Policy, the CRTC set out several expectations related to accessibility, including the following specific to described video (DV):

1. The Commission expects the licensee to acquire and make available described versions of programming, where possible, and to ensure that its customer service responds to the needs of persons with a visual impairment, as set out in Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009.
2. The Commission expects the licensee to:
   1. display a standard described video logo and broadcast an audio announcement indicating the presence of described video before the broadcast of each described program; and
   2. make information available regarding the described programs that it will broadcast.

These same expectations are set out in Broadcasting Order 2015-356, Terms and Conditions of the exemption order for video-on-demand undertakings.

In Broadcasting Regulatory Policy 2015-104 (paragraph 45), the CRTC also expected “all content that was offered with described video at some point in the broadcasting system to be offered with described video when it is rebroadcast”.

In 2019, the Accessible Canada Act (ACA) received royal assent. One of the key objectives set out in the ACA is the identification, removal and prevention of barriers that hinder persons with disabilities taking part fully in Canadian society. Paragraph 3(1)(p) of the Broadcasting Act also sets out as a policy objective that the “programming accessible by disabled persons should be provided within the Canadian broadcasting system as resources become available for the purpose”.

Request for Information

Given that a number of years have passed since these expectations have been put in place, the purpose of this letter is for CRTC staff to gain a better understanding of the current availability of DV on video-on-demand (VOD platforms), of any improvements in this area and barriers that remain, if any, that would continue to limit the provision of DV on VOD platforms.

To that end, CRTC staff is requesting that responses to the questions set out below be filed with the CRTC by 12 September 2022:

1. Is DV available on your traditional VOD platform(s)? If yes, how many titles and hours of DV are available on these platforms over broadcast year 2021-2022? Provide these data in the table templates set out in Appendix A.
2. Is DV available on your over-the-top (digital media broadcasting) VOD platforms (if applicable)? If yes, how many titles and hours of DV are available on these platforms over broadcast year 2021-2022? Provide these data in the table templates set out in Appendix A.
3. What limits you from providing DV for all or the majority of the programming you offer?
   1. If there are technical limitations, provide a detailed explanation of what those are and what actions are being undertaken to address these technical limitations.
   2. Describe the efforts that have been made to acquire programming with DV such as including DV in any relevant contracts. If no efforts have been made in this regard, provide the reasons why.
   3. If programs are acquired without DV, what efforts have been made to provide the programs with DV?
   4. Is all content that is also broadcast on linear channels and services with DV made available in the associated VOD services (licensed and over-the-top) with DV? If not, explain why not?

Procedural information 

This letter and any subsequent correspondence will be made available on the CRTC’s website and may also be placed on the public record of a future CRTC public proceeding.

Should certain information be designated as confidential pursuant to Broadcasting and Telecom Information Bulletin 2010-961, an abridged version of the response must be provided, accompanied by a detailed rationale to explain why the disclosure of the information is not in the public interest. Note that, in accordance with its normal practices, the CRTC may disclose or require the disclosure of information designated as confidential if its disclosure is in the public interest, i.e., where the specific direct harm does not outweigh the public interest in disclosure.

All submissions are to be made in accordance with the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277.

As set out in paragraph 102 of Broadcasting and Telecom Information Bulletin CRTC 2010-959,the Commission’s proceedings are designed to allow members of the public to provide input so that the Commission can make better, more informed decisions. As a result, the general rule is that all information filed with the Commission is placed on the public record and can be reviewed by all parties and members of the public. Consistent with that principle, CRTC staff expects the disclosure of information to the maximum extent possible. Further to this, the ACA encourages the removal of barriers for people with disabilities and ensuring full and equitable access. For these reasons, Commission staff encourage parties to disclose to the extent possible.

Moreover, all documents filed in response to these questions are to be submitted in a file format that is accessible by someone who is blind or partially sighted who may benefit from a file format that allows for text to be enlarged or modified or read by screen readers. Please refer to Creating Accessible Documents that is available on the CRTC’s website.

Please use the following naming convention when you submit your document(s): “Company Name – Report – Described Video – Brand name (if applicable) – Title of document (i.e. cover letter, appendix) if multiple documents are filed – FR/EN – Abridged/Confidential (if applicable) – YYYY-MM-DD”.

If you have any questions regarding this letter, please contact Antica Corner at 819-997-1334 or at antica.corner@crtc.gc.ca.

Regards,

Original signed by

Nanao Kachi
Director, Social and Consumer Policy

Appendix A

Date modified:

2022-08-10