Broadcasting - Staff Letter addressed to the Distribution list

Ottawa, 21 December 2023

Our reference: 1011-NOC2023-0138

By EMAIL

Distribution list

Subject: Requests for information regarding the Contributions proceeding initiated by The Path Forward – Working towards a modernized regulatory framework regarding contributions to support Canadian and Indigenous content, Broadcasting Notice of Consultation CRTC 2023-138, 12 May 2023

This letter sets out questions (also called requests for information or RFIs) related to the proceeding initiated byThe Path Forward – Working towards a modernized regulatory framework regarding contributions to support Canadian and Indigenous content, Broadcasting Notice of Consultation CRTC 2023-138, 12 May 2023 (the Contributions proceeding).

These RFIs will allow the Commission to further develop the record in relation to comments it received during the hearing held from 20 November to 8 December 2023, update certain information, and address any other gaps in the record collected to date. The RFIs focus on the three matters being examined as part of Phase 1 (applicability, initial base contributions and funds). To the extent that discussions or offers of further information at the hearing are beyond the scope of Phase 1, the Commission may request that information in future phases.

In addition to questions for some of the parties to the proceeding, the Commission is also posing questions of certain entities who are not parties to the proceeding (non-parties) as this information will facilitate the Commission's consideration of the issues. These non-parties (identified with an asterisk in the distribution list set out in Appendix 2) are invited to respond to question directed specifically to them.

Responses to the questions in this letter are due by 18 January 2024.Please repeat the Commission’s questions before answering them and use the secure service My CRTC Account (Partner Log In or GCKey) for filing the information.

All parties will have the opportunity to provide comments on the responses to these questions when they submit final written submissions. Note that the Commission has not yet set a date for parties to submit final written submissions – it will be announced later, in early 2024.

Filing Instructions

In your responses:

When broadcast year is mentioned, it means the period that begins on September 1 of one year and ends on August 31 of the following year.
If specific information is not available, provide estimates and assumptions.
Indicate whether you are reporting separately or collectively for all of your relevant brands or affiliates, as applicable.
Please use the definition of “annual Canadian gross revenues” set out in Broadcasting Order CRTC 2023-332.
- In accordance with this definition, the CRTC is seeking information on Canadian broadcasting activities only.

Confidential information

As set out in Broadcasting and Telecom Information Bulletin CRTC 2010-961, Procedures for filing confidential information and requesting its disclosure in Commission proceedings, parties (and non-parties in this case) may designate certain information as confidential.

A party designating information as confidential must provide a detailed explanation of why the designated information is confidential and why its disclosure would not be in the public interest, including why the specific direct harm that would be likely to result from the disclosure would outweigh the public interest in disclosure.

Furthermore, a party designating information as confidential must either file an abridged version of the document omitting only the information designated as confidential or provide reasons why an abridged version cannot be filed.

Accessible formats for people with disabilities

The CRTC requires regulated entities and encourages all parties to file submissions in accessible formats (for example, text-based file formats that enable text to be enlarged or modified, or read by screen readers) for this proceeding.

To provide assistance in this regard, the CRTC has posted on its website guidelines for preparing documents in accessible formats.

In the event where submitted documents have not been filed in accessible formats, parties may contact the Public Hearings group to request that CRTC staff obtain those documents in accessible formats from the party who originally submitted the documents in question in an inaccessible format.

Yours sincerely,

Original signed by

Scott Shortliffe
Executive Director
Broadcasting

Distribution list: See Appendix 2

Appendix 1: Questions

Telefilm^Footnote1

Several interveners that represent equity-seeking groups identified a gap in the system in relation to the funding of their productions as well as in relation to measures to ensure the promotion and discoverability of their productions. Can you please elaborate on whether Telefilm operational plans include not only funding production by marginalised groups, but also an effort to market and promote this content?

Broadcasting Participation Fund, Broadcasting Accessibility Fund, FACTOR, Musicaction and Fonds RadioStar, Radio Starmaker Fund*, Community Radio Fund of Canada, Canada Media Fund, Canadian Association of Broadcasters (administrator of the Independent Local News Fund), Rogers Group of Funds, Bell Fund, Independent Production Fund, Quebecor Fund*, Shaw Rocket Fund, The Canadian Independent Screen Fund for BPOC Creators, The TELUS Fund, Eastlink TV Independent Production Fund Program*, Cogeco TV Production Program*, Telefilm Canada, Indigenous Screen Office Fund, Black Screen Fund^Footnote2

In order to ensure that payments to funds are transparent and that payments to funds declared by broadcasters are easily validated, would you be able to report on the various payments you receive from traditional and/or online undertakings? How frequently would you be able to report on the funds received?

Québecor Média, BCE inc., Google LLC, Sirius XM Canada Inc., Radio Queen’s University, Radio Sydney, Aboriginal Peoples Television Network Incorporated, U Multicultural Inc., Rogers Communications Inc., Cogeco Inc., CHCO-TV, Community-University Television, Paramount Global, Meta, Corus Entertainment Inc., RNC MEDIA INC., Spotify, Netflix Services Canada ULC, Blue Ant Media Inc., WildBrain Ltd., Amazon, Société de télédiffusion du Québec, Apple Canada Inc., Independent Broadcast Group, Tubi Inc., CBC/Radio-Canada, The Ontario Educational Communications Authority, CHEK Media, Channel Zero Inc., TikTok Technology Canada Inc., Cable Public Affairs Channel Inc., Canadian Association of Broadcasters, Anthem Sports and Entertainment, TELUS Communications Inc., Ontario Association of Broadcasters, Byrnes Communications Inc., UFC^Footnote3

In Broadcasting Regulatory Policy CRTC 2023-329, the Commission set a revenue exemption threshold and defined annual Canadian gross revenues, for registration with the Commission of online services based on the revenues of broadcasting ownership groups, including the revenues of traditional services. In light of this recent decision and if the Commission was to decide to set the applicability threshold at the broadcasting ownership group level (owning online audio and/or audiovisual undertakings), please comment on the following applicability thresholds and specify whether the threshold should be different for broadcasting ownership groups owning audio only OR audiovisual only OR audio and audiovisual undertakings:
1. $10M of “annual Canadian gross revenues”
2. $25M of “annual Canadian gross revenues”
3. $50M of “annual Canadian gross revenues”

Québecor Média, Corus Entertainment Inc., BCE Inc., Indigenous Music Alliance, Canadian Association of Broadcasters, Unison Fund, Community Radio Fund of Canada, Aboriginal Peoples Television Network Incorporated, Racial Equity Media Collective, Reelworld Screen Institute, Makusham musique Inc., ADVANCE, U Multicultural Inc., Canadian Film Centre, National Screen Institute, and L’institut national de l’image et du son, Rogers Communications Inc., Canadian Association of Community Television Users and Stations, RNC MÉDIA INC., Association des radios régionales francophones, Anthem Sports and Entertainment, Digital First Canada, Quebec Community Groups Network, English-Language Arts Network & Quebec English-language Production Council, Unifor, Independent Broadcasting Group, Canadian Broadcast Museum Foundation, Cable Public Affairs Channel Inc., Ontario Association of Broadcasters, Electronic Earth, Channel Zero Inc.^Footnote4

The public record shows that you have proposed the creation of a new fund or that funding be allocated to a new initiative. The Commission invites you to provide further details, if you wish to do so, about the new fund you proposed:
1. What would be the required steps to implement such a fund (steps, timelines, etc.)?
2. Who should administer and be responsible for such a fund?
3. Would your proposed fund replace or expand an existing fund?
4. What would be the eligibility criteria to have access to the fund?
5. How would the contributions be disbursed among the recipients? What would be the funding allocation method?
6. What type of activities or expenses would be covered? Please also specify if day-to-day and/or operational expenses would be covered and what proportion of the fund would be dedicated to those expenses.

Musicaction/Fonds RadioStar^Footnote5

Please confirm a) if Musicaction has dedicated funding streams to support content for the following types of artists and b) provide a detailed breakdown of the dollar amounts for each of the past 3 fiscal years allocated in support of:
- Production AND promotion (separately) of music by Indigenous artists
- Production AND promotion (separately) of music by racialized artists
- Production AND promotion (separately) of music by artists from OLMC communities
- Production AND promotion (separately) of music by artists of other equity-seeking groups (for example, 2SLGBTQI+)

Please confirm a) if Fonds Radiostar has dedicated funding streams to support content for the following types of artists and b) provide a detailed breakdown of the dollar amounts for each of the past 3 fiscal years allocated in support of:
- Marketing/promotion of music by Indigenous artists
- Marketing/promotion of music by racialized artists
- Marketing/promotion of music by artists from OLMC communities
- Marketing/promotion of music by artists of other equity-seeking groups (for example, 2SLGBTQI+)

Appendix 2: Distribution list (includes all entities to which the Commission has asked questions)

Quebec Community Groups Network (QCGN), English-Language Arts Network (ELAN), Quebec English-language Production Council (QEPC): qepcouncil@gmail.com

Disability Screen Office: winnie.luk@dso-orphe.ca

Telefilm Canada: julie.roy@telefilm.ca

Ethical Capital Partners: solomon@ethicalcapitalpartners.com

FACTOR: meg.symsyk@factor.ca

Musicaction / Fonds RadioStar: lchenail@musicaction.ca

BCE Inc.: bell.regulatory@bell.ca

Broadcasting Participation Fund: oborne49@gmail.com

Broadcasting Accessibility Fund: richard@baf-far.ca

*Radio Starmaker Fund: chipsutherland@starmaker.ca

Community Radio Fund of Canada: alex@crfc-fcrc.ca