Search

Broadcasting - Commission Letter addressed to the Distribution List

Ottawa, 14 October 2022

Our reference: 2022-0711-7

SENT ELECTRONICALLY

Subject: Request for Information – clarification of application

To the Distribution List,

On 29 August 2022, ATN South Asian Television Canada Limited (SATV) submitted an application to amend its discretionary service broadcasting licence. Specifically, the application requested an extension of time related to its conditions of licence set out in the Appendix to Broadcasting Decision CRTC 2022-176 (Broadcast Decision 2022-176), specifically to implement closed captioning (CC) in English-language programming on SATV, until on or before 31 January 2023.

Condition of licence 1 in Broadcast Decision 2022-176 requires that as of the start of its new licence term (1 September 2022), SATV adhere to the standard conditions of licence for discretionary services set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436.  These standard conditions of licence impose the following conditions specific to CC:

  1. The licensee shall caption 100% of the English- and French-language programs broadcast over the broadcast day, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.
  2. Consistent with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009:
    1. for a service operating in its first licence term, the licensee shall ensure that advertising, sponsorship messages and promos in the English and French languages are closed captioned by no later than the fourth year of the licence term;
    2. for a service operating in its second or subsequent licence term, the licensee shall ensure that advertising, sponsorship messages and promos in the English and French languages are closed captioned.
  3. Consistent with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 29 July 2009, the licensee shall implement a monitoring system to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning included in its broadcast signal, and this captioning reaches the distributor of that signal, in its original form.
  4. In regard to the quality of closed captioning:
    1. For French-language services, the licensee shall adhere to the requirements set out in the appendix to Quality standards for French-language closed captioning – Enforcement, monitoring and the future mandate of the French-language closed captioning Working Group, Broadcasting Regulatory Policy CRTC 2011-741-1, 21 February 2012, as amended from time to time and
    2. For English-language services, the licensee shall adhere to the requirements set out in the appendix to English-language closed captioning quality standard related to the accuracy rate for live programming, Broadcasting Regulatory Policy CRTC 2016-435, 2 November 2016, as amended from time to time.
  5. In accordance with Let’s Talk TV: Navigating the Road Ahead – Making informed choices about television providers and improving accessibility to television programming, Broadcasting Regulatory Policy CRTC 2015-104, 26 March 2015, the licensee shall file a report relating to the provision of closed captioning when distributed on non-linear online platforms operated by the licensee, in a format deemed acceptable by the Commission, by no later than 30 November of each year for the broadcast year ending the previous 31 August, consistent with other reporting requirements.

Additionally, the following conditions of licence were imposed on SATV in Broadcast Decision 2022-176 in regards to CC:

7.      The licensee shall, no later than 90 days following the decision, provide the Commission with a report indicating how it is complying with all closed captioning requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016.

By way of this letter, Commission staff requests SATV’s clarification on the following matters by 21 October 2022:

  1. The application does not identify the specific conditions of licence that are the subject of the applicant’s request. Please clarify which of the following conditions of licence the applicant is  requesting an extension in relation to and provide a detailed explanation regarding the reasons for the request :
    Conditions of licence Seeking an amendment (Yes or No) Rationale
    Conditions of licence 11-14 regarding obligations with respect to CC and their respective deadlines as set out in the standard conditions of licence. If yes, please specify which condition(s).
    Condition of licence 15 regarding a report filed to the Commission in November of each year related to the provision of CC on non-linear online platforms operated by SATV.
    Condition of licence 7 regarding a report to be filed to the Commission explaining how SATV is complying with its CC obligations.
  2.  In the event the applicant is seeking to amend conditions of licence 11-14, please comment on whether the following wording reflects the applicant’s intentions (changes in bold).  If not, please provide the text of the proposed amendment(s) that does reflect the applicant’s intentions. In either event, please comment on the possibility that the Commission imposes such a requirement.
    1. Condition of licence 1 is replaced with the following: The licensee shall adhere to the standard conditions of licence for discretionary services set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on-demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016, with the exception of conditions 11 – 14 therein as modified below, and in the conditions set out in the undertaking’s broadcasting licence.
      1. Condition 11 is replaced by the following: On or before 31 January 2023, the licensee shall caption 100% of the English- and French-language programs broadcast over the broadcast day, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.
      2. Condition 12 is replaced with the following: On or before 31 January 2023, consistent with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009:
        1. for a service operating in its first licence term, the licensee shall ensure that advertising, sponsorship messages and promos in the English and French languages are closed captioned by no later than the fourth year of the licence term;
        2. for a service operating in its second or subsequent licence term, the licensee shall ensure that advertising, sponsorship messages and promos in the English and French languages are closed captioned.
      3. Condition 13 is replaced by the following: On or before 31 January 2023, consistent with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 29 July 2009, the licensee shall implement a monitoring system to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning included in its broadcast signal, and this captioning reaches the distributor of that signal, in its original form.
      4. Condition 14 is replaced with: On or before 31 January 2023, in regard to the quality of closed captioning:
        1. For French-language services, the licensee shall adhere to the requirements set out in the appendix to Quality standards for French-language closed captioning – Enforcement, monitoring and the future mandate of the French-language closed captioning Working Group, Broadcasting Regulatory Policy CRTC 2011-741-1, 21 February 2012, as amended from time to time and
        2. For English-language services, the licensee shall adhere to the requirements set out in the appendix to English-language closed captioning quality standard related to the accuracy rate for live programming, Broadcasting Regulatory Policy CRTC 2016-435, 2 November 2016, as amended from time to time.
  3. In the event the applicant is seeking to amend condition of licence 15 from Broadcasting Regulatory Policy 2016-436, please provide the text of the proposed amendment and a list of non-linear online services offered by SATV and rationale for the extension.
    1. If the applicant is not seeking to amend Condition of Licence 15, please confirm the applicant intends to comply with this condition.
  4. In the event the applicant is seeking to amend condition of licence 7 from Broadcasting Decision 2022-176, please comment on whether the following wording reflects the applicant’s intentions.  If not, please provide the text of the proposed amendment and comment on the possibility that the Commission imposes such a rnt.equireme .
    1. Condition of licence 7 is replaced with the following:
      1. The licensee shall, no later than 90 days following the [licence amendment decision] (ie to be referred to by decision number), provide the Commission with a report indicating how it is complying with all closed captioning requirements set out in Appendix 2 to Standard requirements for television stations, discretionary services, and on demand services, Broadcasting Regulatory Policy CRTC 2016-436, 2 November 2016. 
  5. The current licence term which includes the obligations set out above began on 1 September 2022.  If, during this current licence term to date, the applicant has not complied with all applicable CC requirements, provide details and comment on the apparent non-compliance with its conditions of licence..
  6. If an amendment to the conditions of licence regarding CC is granted by the Commission, please comment on the possibility of the licensee being required to file monthly status reports on the efforts to fulfill the obligations relating to CC.

This letter and any subsequent correspondence will be made available on the CRTC’s website and will be placed on the public record of this application.

Should certain information be designated as confidential pursuant to the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure, SOR/2010-277 and 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.

Please use the following naming convention when you submit your document(s): “Company Name – Report – RFI response – 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,

Nanao Kachi
Director, Social and Consumer Policy

Date modified: