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Broadcasting Regulatory Policy CRTC 2009-562-2

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Additional references: 2009-562 and 2009-562-1

Ottawa, 25 May 2012

Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news – Definition of “broadcast day” for mainstream sports services

The Commission sets out revised conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news. The revisions permit specialty Category C services operating in the mainstream sports genre to choose between an 18- or a 24-hour broadcast day. The appendices to this document replace those set out in Broadcasting Regulatory Policy 2009-562-1.

Introduction

1.      In Broadcasting Notice of Consultation 2012-65, the Commission called for comments on a request by Bell Media Inc. (Bell Media) for an amendment to the definition of “broadcast day” applicable to the standard conditions of licence for competitive mainstream sports specialty services, as set out in Broadcasting Regulatory Policy 2009-562-1. Specifically, for the purposes of these conditions, “broadcast day” is defined as having the same meaning as that set out in the Television Broadcasting Regulations, 1987, which is “the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee.”

2.      Bell Media proposed that the above-noted definition be amended to allow licensees of specialty Category C services operating in the mainstream sports genre to choose between an 18- or a 24-hour broadcast day, as is permitted for licensees of specialty Category B services. Bell Media indicated that if this request were approved, it intended to file applications to amend the licences for its specialty Category C services Le Réseau des sports (RDS) and The Sports Network (TSN) to adopt a 24-hour broadcast day.

3.      In support of its proposal, Bell Media argued that Category C services should be accorded the same flexibility as Category B services. Bell Media also noted that services such as RDS and TSN offer a high level of live programming, the start times or program lengths of which are difficult to predict. Bell Media submitted that restricting these services to an 18-hour broadcast day was a disincentive to investing in and broadcasting live Canadian programming. For example, under the existing rules, coverage of high-profile sporting events such as the 2012 Olympics could result, according to Bell Media, in RDS and TSN only being able to claim partial Canadian content hours due to differences in corresponding start times between events. More specifically, Bell Media submitted that the proposed amendment would provide these licensees with the scheduling flexibility required to accommodate live programming based in Western time zones, an issue that affects mainstream sports services throughout the broadcast year. Bell Media further argued that its proposal would allow licensees to maximize potential revenue opportunities, which in turn would result in more programming dollars being returned to the Canadian broadcasting system.

4.      The Commission received a comment in support of Bell Media’s proposal from Rogers Broadcasting Limited. The complete record of this proceeding is available on the Commission’s website at www.crtc.gc under Public Proceedings.

Commission’s analysis and decision

5.      The Commission considers that it is appropriate to provide specialty Category C services offering mainstream sports with the flexibility to choose an 18- or a 24-hour broadcast day given the high level of live Canadian programming that they provide. Accordingly, it has amended the definition of “broadcast day” to read as follows (change in bold):

“broadcast day” shall have the same meaning as that set out in the Television Broadcasting Regulations, 1987, unless otherwise approved by the Commission;

6.      This new definition is set out in Appendix 1 to this document.

7.      Licensees of existing specialty Category C services offering mainstream sports that would prefer a 24-hour rather than an 18-hour broadcast day as defined in the Television Broadcasting Regulations, 1987 should submit an application to the Commission. Such applications will be processed using the administrative route. They may implement the 24-hour broadcast day once the application is approved.

Secretary General

Related documents

Appendix 1 to Broadcasting Regulatory Policy CRTC 2009-562-2

Conditions of licence, expectations and encouragement for competitive mainstream sports specialty programming undertakings

1.    (a) The licensee shall provide a national, English- or French-language specialty programming service that shall consist of programming dedicated to all aspects of sports with an emphasis on mainstream Canadian professional sports. The licensee may provide multiple feeds.

(b) Programming may be drawn from all program categories set out in Schedule I of the Specialty Services Regulations, 1990, as amended from time to time.

(c) The licensee shall devote no more than 10% of all programming broadcast during the broadcast month to programming from the following categories: 7, 7(d), 7(e), 8(b), 8(c).

2.    (a) During each broadcast year, the licensee shall devote not less than 60% of the broadcast day and not less than 50% of the evening broadcast period to Canadian programming.

(b) The levels set out in subsection 2(a) shall be met on each feed offered by the service.

3.    In accordance with the Commission’s position on Canadian programming expenditures as set out in New Flexibility With Regard to Canadian Program Expenditures by Canadian Television Stations, Public Notice CRTC 1992-28, 8 April 1992, in The reporting of Canadian programming expenditures, Public Notice CRTC 1993-93, 22 June 1993, and in Additional clarification regarding the reporting of Canadian programming expenditures, Public Notice CRTC 1993-174, 10 December 1993, as may be amended from time to time:

(a) In each broadcast year of the licence term following the first year of operation, the licensee shall expend on the acquisition of and/or investment in Canadian programs a minimum of 50% of the gross revenues derived from the operation of this service during the previous broadcast year.

(b) In each broadcast year of the licence term following the first year of operation, excluding the final year, the licensee may expend an amount on Canadian programs that is up to five percent (5%) less than the minimum required expenditure for that year calculated in accordance with this condition; in such a case, the licensee shall expend in the next broadcast year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year’s under-expenditure.

(c) In each broadcast year of the licence term following the first year of operation, where the licensee expends an amount on Canadian programs that is greater than the minimum required expenditure for that year calculated in accordance with this condition, the licensee may deduct:

i) from the minimum required expenditure for the following year of the licence term, an amount not exceeding the amount of the previous year’s over-expenditure; and

ii) from the minimum required expenditure for any subsequent broadcast year of the licence term, an amount not exceeding the difference between the over-expenditure and any amount deducted under (i) above.

(d) Notwithstanding subsections 3(b) and 3(c), during the licence term, the licensee shall expend on Canadian programs, at a minimum, the total of the minimum required expenditures calculated in accordance with this condition of licence.

4.    (a) Subject to subsections 4(b) and 4(c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour.

(b) Where a program occupies time in two or more consecutive clock hours, the licensee may exceed the maximum number of minutes of advertising material allowed in those clock hours if the average number of minutes of advertising material in the clock hours occupied by the program does not exceed the maximum number of minutes that would otherwise be allowed per clock hour.

(c) In addition to the 12 minutes of advertising material referred to in subsection 4(a), the licensee may broadcast partisan political advertising during an election period.

(d) The licensee shall not distribute any advertising material other than national paid advertising.

5.    The licensee is authorized to make available for distribution an upgraded version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition version of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal. All of the programming making up the 5% allowance shall be provided in HD format.

6.    The licensee shall caption 100% of its programs 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.

7.    In accordance with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, the licensee shall:

8.    The licensee shall provide audio description for all the key elements of information programs, including news programming. For the purposes of this condition of licence, “audio description” refers to announcers reading aloud the textual and graphic information that is displayed on the screen during information programs.

9.    The licensee shall adhere to the Canadian Association of Broadcasters’ Equitable Portrayal Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.

10.  The licensee shall adhere to the Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

11.  The licensee shall adhere to the Canadian Association of Broadcasters’ CAB Violence Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.

For the purposes of these conditions:

“broadcast day” shall have the same meaning as that set out in the Television Broadcasting Regulations, 1987, unless otherwise approved by the Commission;

“clock hour” shall have the same meaning as that set out in the Television Broadcasting Regulations, 1987;

“broadcast month” means the total number of hours devoted by the licensee to broadcasting during the aggregate of the broadcast days in a month; and

“broadcast year” means the total number of hours devoted by the licensee to broadcasting during the aggregate of the broadcasting months in a 12-month period, beginning on 1 September in any year.

Expectations

When captions are available, the Commission expects the licensee to provide viewers with a closed captioned version of all programming aired during the overnight period.

The Commission expects the licensees of services whose licence renewal will be considered in the next two years to begin assessing how they will meet the requirement of ensuring that advertising, sponsorship messages and promos in the English and French language are closed captioned. Accordingly, the Commission will consider imposing a condition of licence at the licence renewal for such a service that will take into account the time elapsed since the issuance of the decision relating to the application of the conditions of licence set out in this policy to the service in question.

The Commission expects the licensee to acquire and make available described versions of programming whenever possible.

Further, the Commission expects the licensee to:

Encouragement

The Commission encourages broadcasters to repeat the standard described video logo and audio announcement indicating the presence of described video following each commercial break.

Appendix 2 to Broadcasting Regulatory Policy CRTC 2009-562-2

Conditions of licence, expectations and encouragement for competitive mainstream national news programming undertakings

1.    (a) The licensee shall provide a national, English- or French-language specialty programming service that shall consist of mainstream national news and information programming. The licensee shall provide updated news reports every 120 minutes.

(b) Programming may be drawn from all program categories set out in Schedule I of the Specialty Services Regulations, 1990, as amended from time to time.

(c) The licensee shall devote no more than 10% of all programming broadcast during the broadcast month to programming from the following categories: 7, 7(d), 7(e), 8(b), 8(c).

2.    During each broadcast year, the licensee shall devote not less than 90% of the broadcast day to Canadian programming.

3.    (a) Subject to subsections 3(b) and 3(c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour.

(b) Where a program occupies time in two or more consecutive clock hours, the licensee may exceed the maximum number of minutes of advertising material allowed in those clock hours if the average number of minutes of advertising material in the clock hours occupied by the program does not exceed the maximum number of minutes that would otherwise be allowed per clock hour.

(c) In addition to the 12 minutes of advertising material referred to in subsection 3(a), the licensee may broadcast partisan political advertising during an election period.

(d) The licensee shall not distribute any advertising material other than national paid advertising.

4.    The licensee is authorized to make available for distribution an upgraded version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition version of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal. All of the programming making up the 5% allowance shall be provided in HD format.

5.    The licensee shall caption 100% of its programs 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.

6.    In accordance with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, the licensee shall:

7.    The licensee shall provide audio description for all the key elements of information programs, including news programming. For the purposes of this condition of licence, “audio description” refers to announcers reading aloud the textual and graphic information that is displayed on the screen during information programs.

8.    The licensee shall adhere to the Canadian Association of Broadcasters’ Equitable Portrayal Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.

9.    The licensee shall adhere to the Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.

10.  The licensee shall adhere to the Canadian Association of Broadcasters’ CAB Violence Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.

For the purposes of these conditions, “broadcast day” and “clock hour” shall have the same meaning as that set out in the Television Broadcasting Regulations, 1987.

Expectations

When captions are available, the Commission expects the licensee to provide viewers with a closed captioned version of all programming aired during the overnight period.

The Commission expects the licensees of services whose licence renewal will be considered in the next two years to begin assessing how they will meet the requirement of ensuring that advertising, sponsorship messages and promos in the English and French language are closed captioned. Accordingly, the Commission will consider imposing a condition of licence at the licence renewal for such a service that will take into account the time elapsed since the issuance of the decision relating to the application of the conditions of licence set out in this policy to the service in question.

The Commission expects the licensee to acquire and make available described versions of programming whenever possible.

Further, the Commission expects the licensee to:

Encouragement

The Commission encourages broadcasters to repeat the standard described video logo and audio announcement indicating the presence of described video, following each commercial break.

Appendix 3 to Broadcasting Regulatory Policy CRTC 2009-562-2

Supplementary condition of licence for Le Réseau de l’information

Le Réseau de l’information (RDI) programming shall reflect the concerns of each of the principal Francophone regions in Canada identified by the Canadian Broadcasting Corporation (CBC) as: Atlantic Canada, Quebec, Ontario and Western Canada. To this end, the licensee shall ensure that at least one-third of all of the original programs distributed by RDI each broadcast year are regional productions either produced by the CBC’s own stations in the regions or by RDI’s regional associates. Each region concerned shall be identified in the program logs.

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