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Minutes
6th Meeting of the OLMC-CRTC Discussion Group
8 November 2010, CRTC, Gatineau
1) Welcome
Renée Gauthier explained the meeting agenda and rules of conduct:
- The goal is to maintain a harmonious and productive atmosphere
- Respectful discussion
- Everyone gets a turn to speak
- Limit presentations to avoid monopolizing discussion
Round table: The participants introduced themselves and named the organization they represent.
2) OLMC Input
Serge Quinty gave an update on the sub-committee’s activities. He explained that three meetings have been held since the discussion group’s last meeting in June 2010. The sub-committee’s goal is to identify the relevant issues and share them with the community representatives. With respect to governance, he added that the CRTC should work with the sub-committee to validate nominations for new discussion group members.
François Côté and Caroline Pelletier mentioned the community radio policy and funding.
Shelly Robinson introduced her organization, the National Campus and Community Radio Association, which represents five Anglophone and bilingual stations in Quebec. She noted that the organization shares the same concerns as the community stations, which are volunteer-based, and added that the organization reported to the CRTC after funding was obtained.
Kirwan Cox informed the group that the committee he represents filed a complaint with the Commissioner of Official Languages (OCOL) against the Canada Media Fund. He expressed his interest in discussing Regulatory Policy 2010-808, Definitions for television program categories, and the OCOL report Shadows over the Canadian Television Landscape. He expressed his concern with the outcomes of the proceeding. In his opinion, the outcomes do not take into account the needs of English OLMCs in Quebec, and he shared his concern that the CRTC seems to be moving away from policy and limiting itself to licensing on a case-by-case basis, which could restrict OCOL’s scope.
Carol Ann Pilon reiterated FRIC’s concerns over TVA, and Mylène Letellier noted the importance of CBC’s regional reflection and the problem with community radio funding and frequency reservation. Michael Craig said that in Regulatory Policy 2010-499, Campus and community radio policy, the Commission noted that it is the Governor-in-Council who has authority in this area.
Jean Légère spoke about community radio in Nova Scotia, noting that there are four radio stations facing financial challenges and constant threat of closure. He said that while the new policy constitutes progress, it does not go far enough in terms of funding and local content development. He mentioned his interest in the issue of reflection and the presence of Acadian and Francophone OLMCs within the broadcasting system, particularly with respect to the CBC and its progress in reflecting OLMCs. Given that Moncton manages CBC broadcasting, he would like to know what place Acadian communities have in terms of Atlantic Canada, and expressed his concern over their marginal reflection.
Marc Masson expressed his interest in the CBC licence renewals and the CBC’s ability to reflect Saskatchewan. He is waiting for the results of Notice of Consultation 2010-488, Review of the direct-to-home satellite distribution policy, particularly concerning the distribution of SRC’s local satellite signal in Regina.
Isabelle Laurin is interested in the CBC case in Jasper. She said that ACFA is preparing a report on all steps taken by the community over the last five years and that the report will be shared with the group.
Guy Rodgers stated that negotiations are under way with Videotron and Vox for a community television service targeting Anglophones in Quebec. He explained that the negotiations were the result of the CRTC’s involvement in the proceeding leading to Regulatory Policy 2010-622, Community television policy.
Benoit Henry addressed Regulatory Policy 2010-499 on Community and Campus Radio, and stated that ANIM filed a submission supporting the Community Radio Fund of Canada (CRFC) but that the CRTC approved the private broadcasters’ proposal concerning their discretionary commitments, which means a decrease in funding to support sound recording. He requested that the appropriate proceeding be identified so that ANIM can officially submit its concerns to the CRTC. Michael Craig suggested that he write a letter to the Secretary General. He added that the plan for the CRFC will be implemented soon and that OLMC will have the opportunity to intervene. He noted that there will not be a proceeding for Music Action.
Serge Quinty raised the issue of the SRC, adding that the level of co-operation with the CBC is a concern, and noted that the legal action taken by OCOL is being monitored. He stated that the SRC will file a five-year strategic plan and that did not benefit from consultation with the OLMCs. FCFA refused to support the CBC’s proposed channel (health, nature, etc.) because the CBC gave them barely a week to support the proposal. As partners, they should co-operate more effectively, he said, and added that his organization and its members are preparing for the CBC licence renewals. He inquired about the status of the signal value issue. Véronique Lehoux explained that the CRTC is waiting for the Federal Court of Appeal decision to proceed. Tandy Yull suggested addressing this issue during the CBC licence renewals.
Simone St-Pierre spoke on behalf of APFC, a member of FCCF, noting APFC’s concerns over the CBC’s use of the LPIF. She added that in terms of concrete results, the LPIF has no impact on independent producers.
Sylvia Martin Laforge referred to the study by the Senate Standing Committee on Official Languages. She noted that ELAN and QCGN appeared before the Commission and that the issue of regional reflection was raised.
3) CRTC: Relevant public processes and decisions: update
Mario Bertrand gave an update on the proceeding initiated in Public Notice 2010-247, Review of the Commissioner for Complaints for Telecommunications Services. In this proceeding, the Commission reviews the structure and mandate of the Commission for Complaints for Telecommunications Services and the Commission’s decisions requiring incumbent local exchange carriers (ILECs) to use a portion of deferral account funds to expand broadband services to rural and remote communities in their respective territories. He explained that for broadband deployment, implementation of the Commission’s decisions was postponed until the Federal Court of Appeal and the Supreme Court of Canada ruled on the appeals of the Commission’s decisions. The appeals were dismissed and the ILECs now have to implement the Commission’s decisions and expand broadband services to 287 communities over four years. The list of these communities can be accessed at http://www.crtc.gc.ca/eng/com100/2010/r100831.htm
Michael Craig presented the Campus and community radio policy (2010-499), andJulie St-Pierre presented the Community television policy (2010-622).
Kirwan Cox noted that there is no English-language community channel in Quebec. He referred to paragraph 68 of Regulatory Policy 2010-622, which addresses OLMCs, and explained that in his opinion, the needs of Quebec’s Anglophone communities, particularly those raised in the interventions submitted by the committee he represents, were not considered. Tandy Yull said that BDUs will make public so that concerned individuals can file comments. She also encouraged ELAN and the Quebec English-language Production Committee to remind Videotron that it can invest 4% of its contributions in the community sector if it operates two separate channels (one French-language and one English-language). BDUs will continue to fund community channels according to the current regulatory requirements until the Commission reaches its determination in the proceeding initiated by Broadcasting Notice of Consultation 2010-623 (par. 40).Guy Rodgers added that Vox is considering broadcasting English-language content but that this requires substantial effort on ELAN’s part. However, he said that Videotron is starting to get a better understanding of their obligations. Kirwan Cox indicated that he was dissatisfied.
Serge Quinty read the text on membership rules prepared by the discussion group sub-committee and explained that the goal is to ensure that the group is representative of the communities. Suzanne Bossé reiterated the importance of co-operation and consultation. She pointed out that although FCFA could make recommendations to the CRTC on the appointing of community representatives to federal institutions, dialogue is important to ensure that decisions are not made without prior discussion.
4) Relevant proceedings
Peter Foster explained key elements of RP 2010-808. He noted that the definition of a regionally-produced program has not changed, given the replacement of priority programming with programs of national interest in RP 2010-167. He referred to paragraph 70 of RP 2010-167: “… the Commission has deemed it appropriate to eliminate the current exhibition requirement for priority programming and replace it with an expenditure requirement that will apply to categories of programs that the Commission considers to be of national interest and that, in its view, require continued regulatory support.” Peter Foster added that the definition of regional programming may be raised during licence renewals, particularly those for Canwest and CTV, and that paragraph 19 of the policy explains that the group-based policies “will, with two exceptions, apply only to large, English-language private television ownership groups. The two exceptions relate to an amendment to the Television Broadcasting Regulations, 1987 regarding Canadian content and a change to the Commission's policy regarding licence-fee top-ups. The Commission intends to discuss with French-language television broadcasters, at their licence renewals, the most appropriate approach to take in regard to the issues discussed below. This is addressed in paragraphs 111 to 114.”
Kirwan Cox read what was recommended on the issue of regional production in the Report to the Governor in Council on English - and French-language broadcasting services in English and French linguistic minority communities in Canada and asked whether the issue will be the subject of a public process. Peter Foster replied that the definition exists but because of the programs of national interest, there is no longer any regulatory support for priority programming.
In response to questions on the CRTC’s procedures, Tandy Yull and Peter Foster explained that the renewals represent implementation of RP 2010-167, and reiterated the predictability principle to which the CRTC Chairman subscribes. Véronique Lehoux reconfirmed that principle and added that it is always possible to request an exception to a policy in very exceptional circumstances.
Michèle Guillet summarized Regulatory Policy (RP) 2010-167 and RP 2010-485 concerning issues related to the digital television transition. She explained that the Commission established a digital transition policy, the purpose of which is to upgrade over-the-air (OTA) television services to give Canadians access to television signals with sharper images and better sound quality and to free up spectrum (channels 52 to 69) to make them available for wireless services and for more reliable public safety services. There are currently 700 full-power OTA television analog transmitters in operation. Under the Commission’s initial policy, these 700 transmitters were to be converted to digital. However, the CBC and the other broadcasters indicated that they could not convert all of their transmitters, owing to a lack of funding, and that given that over 90% of Canadian households subscribed to cable or satellite distribution services, they could not justify the substantial investment required to convert all of their transmitters. The Commission reviewed its policy and limited the transition to a certain number of mandatory markets, including the National Capital Region and all provincial and territorial capitals, as well as markets with over 300,000 residents or those served by more than one local television station. Channels 52 to 69 must be vacated both inside and outside mandatory markets by 31 August 2011. As a result, outside mandatory markets, broadcasters can elect to continue operating transmitters on channels 2 to 51 in analog or digital, or cease OTA transmission and depend on broadcasting distribution undertakings (BDUs) for the distribution of their signals. However, broadcasters who cease over-the-air transmission will lose their privileges as over-the-air broadcasters, i.e. primarily mandatory carriage and simultaneous substitution. Ms. Guillet said that the CBC in particular indicated that even if the transition is limited to the mandatory markets and vacating channels 52 to 69 across Canada, the CBC does not have the financial resources required to convert the transmitters in question and will convert only a certain number of its transmitters. The Commission took steps to ensure that Canadians who are going to lose their OTA television signal receive satellite services free of charge, partly to minimize the impact on OLMCs. She added that the broadcasters are making their programming available via new media, thus ensuring that Canadians will continue to have access to their usual services.
Calendar of upcoming proceedings
The sector co-ordinators presented the upcoming proceedings in their sectors. The calendar can be accessed at http://www.crtc.gc.ca/eng/5000/lo_ol/ol-lo.htm
5) OLMC input
FCFA read the recommendations made by the Commissioner of Official Languages to the CRTC in his report Shadows over the Canadian Television Landscape and asked how these recommendations will be implemented. Shereen Ghattas replied that questions are and will be asked at the licence renewals for the large English- and French-language groups, where necessary.
The OLMCs wanted to know when the Commission develops its policies. Peter Foster referred to paragraph 19 of RP 2010-167. For French-language services and for CBC/SRC services, the policy will be developed during their licence renewals.
Serge Quinty raised the issue of TVA and the reflection of OLMCs, which is still minimal. Frédéric Janelle assured the group that this will be addressed at the licence renewals and everything placed on the public record.
In response to Kirwan Cox’s question, Peter Foster said that the LPIF will be reviewed in 2012.
