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Minutes
3rd meeting of the Official Languages and Minority Communities-CRTC discussion group
September 21-22, 2008, Hotel 71, Québec
1) Welcome (Annie Laflamme), round table
2) Call for comments on English- and French-language broadcasting services in English and French linguistic minority communities in Canada (Annie Laflamme)
- Presentation of Order in Council P.C. 2008-1293 (Appendix 1):
- background
- objectives
- Explanation of the CRTC's procedure and schedule (Appendix 2) : publication of the notice of public hearing on 16 October 2008, the 20 November 2008 deadline for filing comments, the 13 January public hearing, and publication of the final report no later than 31 March 2009.
- Call for comments: Parties file comments, indicating whether they intend to appear (appearance is not mandatory). The CRTC sends a letter to the parties wishing to appear, listing the issues to be discussed at the hearing. Although appearance is not mandatory, it provides the parties with an opportunity to defend their arguments and respond to positions different from their own.
Benoît Henry raised the issue of regional offices and access by the regions and remote communities (including the Acadian community).
- A list of CRTC offices is in Appendix 2.
- Although the public hearing will be held in Gatineau, parties may participate in the public consultation from the Commission's regional offices via videoconferencing. Parties interested in doing so are asked to indicate clearly the regional office at which they wish to appear.
Discussion
During the discussion, participants asked questions on the reflection of diversity and comparative studies and on access to research services and to the process.
With respect to the reflection of the communities, Annie Laflamme explained that licensing and licence renewals are the most appropriate means for addressing the reflection of communities: this is the mechanism by which the CRTC imposes conditions on the licensees.
Comparative studies are conducted to explore Canada's characteristics, including bilingualism and the fact that Canada has extremely extensive cable coverage.
Robert Ramsay pointed out that there are two aspects: the operational aspect, i.e., licence renewals, and the policy aspect. Policies provide the industry with direction via studies, including comparative studies. Furthermore, there is a policy development and research team within the CRTC, the responsibilities of which include monitoring the development of new technologies and the conversion to digital.
Peter Foster added that for the review of community television policies, the CRTC commissioned a comparative study that examined the various practices used around the world, and reported that the study will be available next year.
Serge Quinty raised the issue of access to research services. Annie Laflamme replied that the CRTC does not have the authority to fund studies by external parties; the studies are made public when the notice of public hearing is issued and before the deadline for filing comments. She told the participants that a study on the availability of television, distribution, radio and broadband services will be posted on the CRTC's Web site as part of the proceeding concerning broadcasting services in the communities.
David Teasdale suggested that creating smaller groups with the CRTC could be more productive, and raised the possibility of being more proactive.
Annie Laflamme pointed out that the discussion group was created to facilitate the participation of Official Languages and Minority Communities in the process and allow them to make a difference; the goal of the 22 September meeting was to inform them of the hearing and thus ensure that interventions are more effective.
Véronique Lehoux added that the CRTC is an administrative tribunal with quasi-judicial functions. The best way to ensure that interests and needs are considered, she said, is to intervene in public proceedings .
Robert Ramsay stated that the Official Languages and Minority Communities can be more proactive by contacting the CRTC, and meeting with CRTC management to get information. He cited the example of the radio fund (17 March 2007 minutes) .
Concerning the process, the participants agreed on the importance of collaboration, with the co-ordination of Serge Quinty, to ensure consideration of community and interest group perspectives. Annie Laflamme explained that interventions by cultural associations are relevant during licence renewals, and that the proceeding arising from the Order in Council is particularly relevant to associations and organizations representing the communities; however, diversity and complementary perspectives, from both communities and interest groups, are essential.
Kevin Dobbie asked if a submission is mandatory, and Annie Laflamme advised reading the notice of public hearing and the questions. She explained that it is not necessary to answer all of the questions, but rather only those that are relevant, and that it is preferable to stick to the issues under review.
3) Proceedings
a) Canadian broadcasting in new media (winter 2009)
Presentation by Lynn Asselin (electronic version attached).
The notice of public hearing was published 15 October 2008 and the hearing will be held in February 2009. Its purpose is to examine the extent of Canadian broadcasting in new media, determine whether incentive or regulatory measures are required for the creation and promotion of professional Canadian broadcasting content in new media, and identify issues concerning access to broadcasting content in new media.
Discussion
Discussion focussed on issues such as digital conversion, the definition of broadcasting in new media, funding and re-broadcasting.
In response to Kirwan Cox's question on signal carriage, Annie Laflamme replied that following the OTA television review, it was decided that analog transmission will end in 2011. The large groups must present their conversion plans at their licence renewals.
Peter Foster stated that the CRTC cannot force broadcasters to build transmitters and that from a financial standpoint it is difficult to justify these investments. This will be an important issue at the large groups' licence renewals.
In response to Kevin Dobie's question on the definition of broadcasting in new media (e.g., iTunes), Annie Laflammereplied that the issues will be debated at the hearing and the Commission will make a decision.
Fortner Anderson raised the issue of funding for production of content that meets a professional standard; Benoît Henry asked who determines what constitutes professional content and Véronique Lehoux replied that the CRTC's jurisdiction is broadcasting, and that is the context within which the issue will be determined.
With respect to funding for new media content production, Annie Laflamme pointed out that public programs like Telefilm and the Independent Funds finance new media projects. She reminded participants that the Commission has not addressed the issue since 1999, and the situation has changed since that time. She added that these issues, including the definition of professional content, will be debated at the hearing on new media.
Benoît Henry stated that market forces will put the Official Languages and Minority Communities at a disadvantage, and it is important for them that the CRTC regulate new media. François Côté added that the new media are a form of competition because they attract audiences and community radio should be accessible via the Internet. He responded to Annie Laflamme's question by saying that community radio stations are broadcasting on-line but need funding.
Annie Laflamme pointed out that this information is relevant to the proceeding arising from the Order. Robert Ramsayadded that the question of allocating Internet bandwidth to community radio will be considered in the new media proceeding.
According to David Teasdale, the possibility of accessing an audience that is difficult to reach is also important. Annie Laflamme assured participants that the hearing will examine opportunities and challenges.
Serge Quinty said that the new media play a central role in terms of Francophone access to diverse French-language content that reflects Francophone realities.
According to Dominique Desjardins, Official Languages and Minority Communities need tools to access new platforms. The CRTC should identify which of the major players will be setting up on the Internet and reserve a place for broadcasters. Annie Laflamme stated that this is the type of intervention that the CRTC needs to get during hearings. She asked the Official Languages and Minority Communities to present their viewpoints, in plain language, in submissions and at hearings.
Benoît Henry referred to the policy development and research group. Annie Laflamme explained that this is where the container meets the contents. At the CRTC, one group is responsible for studying issues where content and container converge. It is still the same Commission making the decisions, but the expertise is being developed within the Commission. The focus is always the objectives of the Broadcasting Act, including access, availability of Canadian content within the system, the role of independent production, diversity. From this perspective, the Commission is examining the contribution of new media to these objectives.
Benoît Henry noted that these are wide-ranging issues, and in response to his question, Véronique Lehoux replied that they have to be addressed from the broadcasting perspective.
Léo-Paul Provencher asked how the CRTC informs Canadians and gives them to tools for conducting credible consultations in this context of rapid change. Annie Laflamme replied that this is done via studies, adding that the new media proceeding is more technical than the proceeding arising from the Order, and that the CRTC is interested in hearing what Canadians think, which is just as important as the technical aspect, and that the CRTC needs both, as she pointed out. Véronique Lehoux stated that it is important to intervene and represent the community's perspective. Peter Foster reassured participants that if concerns are not addressed in one proceeding, they may be in another proceeding.
b) Licence renewals for large OTA groups and television stations (TVA, CTV, etc.) (April 2009) and Canadian Broadcasting Corporation (fall 2009).
Annie Laflamme described the licence renewal process (Appendix 2).
Peter Foster explained that licence renewals for large television groups scheduled to start in April 2009 will address issues such as increased audience fragmentation with the arrival of new platforms, digital conversion and local programming. He said that broadcasters are asking for a distribution fee. The Commission will issue its decision on this issue in the decision on the distribution and specialty services regulatory framework.
Annie Laflamme said that as part of this proceeding, social issues will be debated, such as closed captioning, descriptive video, cultural diversity, and the reflection of communities. The CRTC may take direct measures in these renewal proceedings.
She added that at the renewals, the Commission will also assess the past performances of licensees against imposed requirements and broadcasters' undertakings. Peter Foster explained that letters will be sent to licensees up for renewal, listing renewal issues, and will be placed on the public record for this proceeding.
Kirwan Coxexplained that English-language broadcasters have increased their programming expenditures to purchase foreign programming. In his opinion, there should be a minimum Canadian content expenditure requirement. He raised the issues of the CTF and the two streams, public and private, and cuts to the public stream. Annie Laflamme explained that the CRTC formulated recommendations to the government and that the CRTC's report on the CTF is now in the hands of the government.
Madeleine Faucher pointed out that the CRTC did not establish a Francophone production quota in the report. Annie Laflamme explained that the CRTC's mandate was to examine issues relating to governance, which is at the root of Shaw and Quebecor concerns. The quota issue was not addressed in the study, and as a result, was not raised, and the CRTC believes that the provisions should remain as is as long as they are not questioned. The decision is now in the hands of the government.
Annabelle Cloutier commented on the concept of tangible benefits related to TVA's licence and for which the Official Languages and Minority Communities have not really seen any concrete results, other than 30 minutes per week produced outside Quebec by Productions Rivard in Manitoba. Annie Laflamme explained that TVA was given mandatory Canada-wide carriage under paragraph 9(1)(h) and must comply with its conditions of licence, specifically, to air at least six special events each year that reflect Francophone realities outside Quebec and include in TVA's programming a weekly 30-minute program portraying life in Francophone communities outside Quebec.
Mario Bertrand stated that on the telecommunications side, the large companies cover the costs of the groups who appear and want funding. Véronique Lehoux said that for the Accessibility Proceeding, a guide was developed on costs and funding, and can be accessed on the CRTC's Web site. In terms of funding, the Broadcasting Act, unlike the Telecommunications Act, does not contain provisions concerning reimbursements for such expenses.
Annie Laflammepointed out that in the proceeding arising from the Order, the issue of funding may be presented depending on whether there are other players, for example, Canadian Heritage's interdepartmental official languages co-ordinator or the Office of the Commissioner of Official Languages.
According to Kirwan Cox,research ensures equitable intervention in the public proceeding because the studies have more impact than interventions by members of the public. He proposed that the CRTC highlight the funding discrepancies of the Acts.
Annie Laflamme advised not waiting until the Act is amended to consider other funding sources. Véronique Lehoux added that the CRTC cannot amend the Act on its own – it must follow the appropriate parliamentary venues.
Benoît Henry proposed highlighting these Broadcasting Act issues so that amendments can be made as part of the proceeding arising from the Order. Véronique Lehoux explained that some of the proposed measures would not fall within the CRTC's mandates but that the parties are welcome to propose measures during the proceeding on the CRTC's jurisdiction. Ann ie Laflamme insisted on the importance of participating in the proceedings to ensure that the realities facing Official Languages and Minority Communities are given consideration.
Annabelle Cloutier announced that the APFC obtained funding from Canadian Heritage to prepare an intervention. This is a precedent that the Official Languages and Minority Communities could use to their advantage
c) Review of community and campus radio and community television policies (fall 2009)
Robert Ramsay explained the CRTC's plans to review community and campus radio policy and listed the studies that will be placed on the public record, including a study titled Canada's Community and Campus Radio Broadcasting sectors, prepared by Les Associés de recherche Ekos inc., and another study focusing specifically on community radio in minority communities, by Connectus Consulting, will be made available some time in October. These proceedings will be discussed in greater detail at the next meeting.
4) Definition of regional production
Kirwan Cox raised the issue of the definition of regional production. According to him, the definition is problematic because it does not take the Official Languages Act into account. A Francophone producer in Toronto cannot produce regionally in the same way as a Francophone producer in Montreal.
Annie Laflamme explained that the only way to change the definition is via a public proceeding, and the proceeding arising from the Order is an opportunity to put the issue on the table. It could then be addressed in a paper process.
Véronique Lehoux pointed out that in 1999, the CRTC was not required to take action because the amendments to section 41 were adopted in 2005. She reiterated that the public process allows Official Languages and Minority Communities to intervene on this issue, and that the CRTC learns about the issue via written interventions. She noted that the objectives of the Official Languages Act do not conflict with those of the Broadcasting Act .
Annie Laflamme added that Official Languages and Minority Communities' interventions in the proceedings do not mean that the definition of regional production will automatically be amended.
5) Recent CRTC decision on the licensing of new radio stations to serve Ottawa and Gatineau (CRTC 2008-222)
Robert Ramsay explained the proceeding: 10 applications received, including six from the private sector; four evaluation criteria:1 the quality of the application, the diversity of news voices, the level of market impact, and the competitive state of the market. According to him, the decision was a very difficult one because there were community radio stations, however, the business plan must be convincing.
According to François Côté, there was no discussion at the hearing of the business plan of Radio Communautaire Francophone d'Ottawa.
Véronique Lehoux explained that this was a competitive process (10 applications). The CRTC must weigh several of the Broadcasting Act's objectives in its decision-making process.
She added that if the parties are not satisfied with a Commission decision, they have two possible avenues of recourse. The first is an appeal to the Governor in Council (section 28 of the Broadcasting Act): the parties have 45 days to file an appeal with the Governor in Council from the date of the decision, and the Governor in Council has 90 days from the date of the decision to respond. The second avenue of recourse is an appeal to the Federal Court of Appeal (subsection 31(2) of the Broadcasting Act), in which case the parties have 30 days from the date of the decision to request leave to appeal to the Federal Court of Appeal. However, pursuant to section 28 or subsection 31(2) of the Broadcasting Act, the appeal must be deemed admissible by the Court or by the Governor in Council before it is considered.
6) Star Choice decision to withdraw TFO from carriage
The CRTC is aware of this issue and is following up. Annie Laflamme explained that in the case of TFO, this involves a commitment by the distributor, a condition of licence or a regulatory requirement. She asked participants to watch for the scheduled publication in late October 2008 of regulatory frameworks on distribution and on discretionary services, which will set out the new rules.
In short, with respect to proceedings, interveners should indicate the issues on which they wish to intervene. They can decide whether or not to appear, and their interventions should address the items of interest to them.
7) Official Languages and Minority Communities Web page
The page will be updated regularly and list relevant proceedings. Your comments and suggestions are welcome.
8) Other relevant links
Achieving a better balance: Report on French-language broadcasting services in a minority environment, Public Notice CRTC 2001-25
9) Next meeting
Participants are available to meet in late February. Details will be provided. Agenda suggestions are welcome.
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APPENDIX 1
Order in Council P.C. 2008-1293, 19 June 2008
Whereas the Canadian Radio-television and Telecommunications Commission (hereinafter referred to as "the Commission") is responsible for regulating and supervising all aspects of the Canadian broadcasting system; Whereas, among other things, subsection 5(2) of the Broadcasting Act (hereinafter referred to as "the Act") stipulates that the Canadian broadcasting system should be regulated and supervised in a flexible manner that:
a) is readily adaptable to the different characteristics of English- and French-language broadcasting and to the different conditions under which broadcasting undertakings that provide English- or French-language programming operate; and
b) takes into account regional needs and concerns;
Whereas, among other things, the broadcasting policy for Canada set out in subsection 3(1) of the Act provides that:
a) English- and French-language broadcasting, while sharing common aspects, operate under different conditions and may have different requirements;
b) the programming provided by the Canadian broadcasting system should be drawn from local, regional, national and international sources; and
c) a range of broadcasting services in English and in French shall be extended to all Canadians as resources become available;
Whereas in 2000-2001, the Commission undertook a study of the availability and the quality of French-language broadcasting services in French linguistic minority communities in Canada; Whereas the Governor in Council recognizes that technological advancements are transforming the way in which content is being created, distributed, consumed and experienced; Whereas the Governor in Council further considers and assigns high priority to the fact that:
a) current approaches to the provision of English- and French-language broadcasting services should remain in step with advances in digital technology;
b) the presence of English- and French-language broadcasting services in English and French linguistic minority communities in Canada contributes not only to the vitality and development of those communities but also responds to the needs of all Canadians who wish to attain a better understanding of both official languages;
c) the provision of English- and French-language broadcasting services to English and French linguistic minority communities presents particular and considerable challenges; and
d) technological developments could contribute to meeting those challenges;
Whereas subsection 15(1) of the Act provides that the Commission shall, on request of the Governor in Council, hold hearings or make reports on any matter within the jurisdiction of the Commission; And whereas, in accordance with subsection 15(2) of the Act, the Minister of Canadian Heritage has consulted the Commission with regard to this request, Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 15 of the Broadcasting Act, hereby requests the Canadian Radio-television and Telecommunications Commission to seek comments from the public and to report at the earliest possible time, but no later than 31 March 2009 with a view to:
a) examining the availability and quality of English- and French-language broadcasting services in English and French linguistic minority communities in Canada;
b) identifying any deficiencies and challenges in those communities in the provision of official-language broadcasting services, and determining the availability of official-language services across all broadcasting platforms and distribution systems; and
c) proposing measures to encourage and facilitate access to the widest range of official-language broadcasting services possible in English and French linguistic minority communities and to ensure that the diversity of English and French linguistic communities across Canada is reflected in the Canadian broadcasting system.
APPENDIX 2
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Steps |
Deadlines |
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Drafting of notice of public hearing |
24 August 2008 |
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Approval of notice at the Commission meeting |
9-10 September 2008 |
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Pre-briefing |
8 October 2008, 3:00 p.m. |
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Publication of notice of public hearing |
16 October 2008 |
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Filing of interventions/comments |
20 November 2008 (35 days) |
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Meeting to identify interveners who will be appearing |
10 December 2008 |
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Submission of briefing book |
11 December 2008 |
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Briefing |
18 December 2008 |
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Public hearing |
13 January (starting the) 2009 |
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Pre-debriefing |
16 January 2009 |
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Submission of debriefing book |
30 January 2009 |
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Debriefing |
9 February 2009 |
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Commission's decision |
10 February 2009 |
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Publication of report |
31 March 2009 |
APPENDIX 3
CRTC Offices
Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel.: 819-997-2429 – TDD: 994-0423
Fax: 819-994-0218
Bank of Commerce Building
1809 Barrington Street
Suite 1007
Halifax, Nova Scotia B3J 3K8
Tel.: 902-426-7997 – TDD: 426-6997
Fax: 902-426-2721
405 Maisonneuve Blvd. East
2nd Floor, Suite B2300
Montreal, Quebec H2L 4J5
Tel.: 514-283-6607 – TDD: 283-8316
Fax: 514-283-3689
55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel.: 416-952-9096
Fax: 416-954-6343
Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel.: 204-983-6306 – TDD: 204-983-8274
Fax: 204-983-6317
Cornwall Professional Building
2125 – 11tth Avenue
Suite 103
Regina, Saskatchewan S4P 3X3
Tel.: 306-780-3422
Fax: 306-780-3319
Scotia Place Tower Two
19th Floor, Suite 1909
10060 Jasper Avenue
Edmonton, Alberta T5J 3R8
Tel.: 780-495-3224
Fax: 780-495-3214
530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel.: 604-666-2111 – TDD: 604-666-0778
Fax: 604-666-8322
Footnote
1 Decision CRTC 99-480 available at
http://www.crtc.gc.ca/eng/archive/1999/db99-480.htm [back]
Date Modified: 2008-11-17
