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Minutes

Second Meeting of the Official Languages and Minority Communities-CRTC Discussion Group

17 March 2008, Ramada Plaza, Halifax

1) Welcome by Annie Laflamme

Annie Laflamme welcomed the participants and went over the agenda.

2) Speech by Jean Léger

Jean Léger explained that a significant number of Francophones lived in Halifax. He added that there are three community radio stations, including a new one that had been in the Halifax region for only six months, and one community television station.

3) Presentation by Bernard Caron

Bernard Caron gave a presentation on new video distribution technologies (an electronic version is attached to the e-mail with these minutes).

4) Discussion of work plan

At its first meeting, the group agreed to prepare a three-year work plan (the plan summarizing the elements discussed and the schedules of CRTC relevant processes are attached to the email).

Several important issues for Official Language Minority Communities (Official Languages and Minority Communities) were raised.

Benoît Henri pointed out the cumbersome nature of the processes and suggested a mailing list to inform the Official Languages and Minority Communities of the relevant processes.

Suzette Lagacé talked about making the means to produce multi media more accessible. In her opinion, the economic model for producing for multi media is still being created and the fact that it is a democratic media, meaning that it is free, there exists no economic model like we find with television production. Licenses provided by broadcasters should contribute to launch more multi media projects by independent producers.

Annie Laflamme acknowledged that new technologies had disrupted the economic model and that the new media were not regulated. She added that it was a strategic moment for the Official Languages and Minority Communities to submit interventions when the large broadcasters were renewing their licences.

She recalled that the hearing on the review of the regulatory frameworks for broadcasting distribution undertakings and discretionary programming services would be held in April 2008. She ensured that feedback would be provided on these processes.

The participants presented their ideas:

a) Thematic workshops

  • Community radio, the different models that exist and adaptation in small regions;
  • Broadcasting 101 - CRTC's mandate:
    • Role of departments (IC, PCH);
    • Structure and role of regional offices;
    • Summary of the legislative and regulatory framework;
  • Access to services for the regions and to new technologies:
    • A study on access to broadcasting services commissioned by the CRTC was in progress. The study results will be presented at the next meeting of the Official Languages and Minority Communities-CRTC Discussion Group;
  • Financial information: data and statistics (radio, television and distribution, including Canadian program spending);
  • Report on the requirements imposed on television and radio broadcasters and distributors;
  • New media.

b) CRTC policies and processes

  • The CRTC's 1999 policy on over-the-air television: a) its status (if it will be revised); b) if the large ownership groups of radio broadcasters are required to disclose aggregate financial data?
    • The policy was revised and published in June 2007 (Broadcasting Public Notice CRTC 2007-53). However, it did not consider programming obligations; the requirements according to which distributors must broadcast priority programming during peak viewing periods remained in effect. The CRTC announced that it would review these issues at the licence renewals of over-the-air broadcasters.

Current and future CRTC public processes that affect Official Languages and Minority Communities

  • Public hearing on the rules governing television distribution and the policy on discretionary services:
    • This will include the requirements to distribute television services in Official Languages and Minority Communities languages;
    • The CRTC is sending a letter to the appearing parties and adding an appendix containing the objectives and discussion themes (a copy of the letter is attached to the email);
  • Licence renewals for private conventional television stations:
    • The licences for TVA, TQS, Télé Québec and the English-language stations of CanWest and CTVgm will be renewed;
  • New media:
    • A report on the new media will be published in May 2008;
    • A notice of public hearing to invite comments (90 days) will be published in late June 2008;
    • The hearing will be held in fall 2008 (October/November);
  • Licence renewals for specialty services once the new policy is established;
  • Community television:
    • The CRTC will review its policy on community television station licensing;
  • Radio:
    • A study on the impact of technologies on community stations (March 31) will be on the CRTC site in June 2008;
    • Emerging artists: consultations are currently being held on this issue. The objective of the consultation is to define what is meant by emerging artist. The definition should be published near the end of August. April 25 is the deadline for submitting comments in response to a call for comments on the definition of emerging Canadian artists on commercial radio (Broadcasting Public Notice 2008-16);
    • A review of the community and campus radio policy is planned in 2009;
    • Calls for applications for radio;
    • The Official Languages and Minority Communities can contact Robert Ramsay's team with any questions and for more information on calls for applications;
  • CBC licence renewals (new CEO has to review the new mandate) planned for 2009-2010.

As for telecommunications, Mario Bertrand stated that there were fewer public hearings since the mandate was focused more on consumers in general, and on issues of accessibility for groups such as disabled people and the Official Languages and Minority Communities as well as tariff applications.

Robert Ramsay encouraged the Official Languages and Minority Communities to participate in the different processes. He gave the successful example of three associations, the National Campus Community Radio Association (NCRA/ANREC), the Alliance des radios communautaires du Canada (ARC du Canada) and the Association des radiodiffuseurs communautaires du Québec (ARCQ), which, subsequent to the presentations made to the CRTC, became the instigators of the Fonds canadien des radios communautaires/Community Radio Fund of Canada (FCRC), whose mandate is to support the development and consolidation of community and campus radios in Canada. Once the Fund is approved by the Commission, it will be eligible to receive funding resulting from tangible benefits in transactions in the radio sector, and to receive funds resulting from commitments related to Canadian content development (CCD).

c) Tools and processes

  • Forecasts: what will be happening at the CRTC in the next six months;
  • How to be prepared for intervening in hearings in order to make informed decisions? How can this group equip itself to facilitate its participation in the processes?
  • Need to redefine the co-chair concept: What is this person's role? Which resources are required?
    • A subgroup formed of Kirwan Cox (ELAN), Serge Quinty (FCFA) and Sylvie Ross (FCCF) to discuss the approach to take and process to follow.
  • Monitor the CRTC's site and latest news;
  • Maintain a distribution list to provide information on a more systematic, regular basis;
  • Role of advisors (visits to regions; invite them to meetings):
    • Advisors are aware of the reality in the regions, the Official Languages and Minority Communities and our commitment regarding section 41 of the OLA. The Official Languages and Minority Communities should contact them to present their concerns;
  • Role of regional offices to be determined;
  • Presentation by the VP of radio broadcasting on what is desired in a hearing, the CRTC's objective being the greatest and most relevant participation;
  • Web site page: FAQ.

Participation in the processes (in brief)

  • Latest news on the CRTC site;
  • Distribution list;
  • Intervention on key elements; What carries the greatest weight?
    • Addressing the points that the CRTC is examining and contributing to the public debate;
    • Intervention shared by several parties;
    • Comments or interventions and especially the oral presentation;
      • Importance of being prepared for the hearing, "impress them!";
  • Substantiate your demands; have arguments to defend your positions; make realistic requests;
  • Read the call for comments and make use of resource people at the CRTC;
  • The Official Languages and Minority Communities should take advantage of licence renewals, such as for TVA, to intervene.

d) Making the CRTC aware of Official Languages and Minority Communities concerns

  • Inform the CRTC of Official Languages and Minority Communities concerns;
  • How to inform the CRTC of your requirements, concerns and realities regarding the relevant issues and questions?
    • Awareness enhancing role through the national coordinator who is responsible for raising the awareness of the Commission and CRTC employees;
    • Through participation in the CRTC public proceedings that result in decision-making;
    • Presentations to Commission meetings.

5) Other factors

  • Access to broadcasting facilities: the majority of community television is not available for the communities. It was explained that the community television environment does not operate the same way as community radio. For the most part, community television stations are operated by cable distributors. It is very rare to have independently operated community television stations broadcasting through a transmitter like community radio stations. According to the Broadcasting Distribution Regulations, large cable distributors can spend a maximum of 2% of their revenues on community channel operations. The issue of Official Languages and Minority Communities access to community television is relevant and could be examined in the context of the review of the community television policy that the Commission will carry out in 2008-2009.
    More of our regional productions should be seen on the network at prime time. The francophone community needs a stronger presence and to feel that they have a place on the screen. Suzette Lagacé stated that the 200 hours of production by francophone producers could be better represented on prime time network. She proposes that "as we are one seventh of the French-speaking population in Canada, why not have one seventh of prime time air time"?

  • Production funding: Canadian program funding is complex and involves many players including Canadian Heritage. The Commission held a hearing on the Canadian Television Fund. The government issued an order requiring the CRTC to present a report to the Minister of Canadian Heritage containing the recommendations and information gathered during the proceedings related to the Canadian Television Fund.
  • Some issues, such as production, should be examined from the perspective of the Official Languages and Minority Communities and from the aspect of the OLA.

During discussions, CRTC managers clarified the CRTC processes, namely:

  • Robert Ramsey recalled the 2006 policy revision to show how interventions lead to beneficial results;
  • Mario Bertrand pointed out that telecommunications focused on access to quality telephone service whereas broadcasting focused more on language and content. In 2007, Parliament directed that telecommunications be deregulated according to market forces and competition. The CRTC does not currently regulate the Internet, whose operations are not exclusively in the domain of broadcasting. It was estimated that about 5% of Internet traffic constituted broadcasting. The challenge was to see how and when one of the two CRTC statutes could intervene. The CRTC will hold a public hearing for this issue.
  • In response to the question from Daniel Boucher, who asked how the Official Languages and Minority Communities can count on the CRTC to intervene, the CRTC managers clarified that telecommunications deregulation did not mean that the situation would turn into a free-for-all. There were criteria and competitors took part in a process that required an exhaustive analysis and included consumers input. The Commission had maintained a degree of power in the case of societal obligations (such as 911). A section of the act was retained to allow the CRTC to intervene.
  • The CRTC had to balance several factors. Robert Ramsay stated that if market forces alone do not allow access to services in the language of the minority, the CRTC has the power to intervene;
  • The CRTC does not interfere in the programming details, but there are codes, quotas and requirements for prime time priority programming;
  • Annie Laflamme invited participants to contact the CRTC with any questions on the processes and mentioned the flexibility and open-mindedness within the CRTC, especially with respect to the Official Languages and Minority Communities.

6) Next steps

  • Next meetings in late September and late February;
  • Location: to be determined;
  • Themes and presentations;
  • Networking evening.

Comments on the meeting of 17 March 2008

Pros

Cons

  • I wanted to tell you how much I appreciated your work. I certainly learned a great deal and look forward to the development of a three year action plan which I believe will have a tremendous impact on the future of Official Languages and Minority Communities;
  • Very important meeting. I appreciate the opportunity to meet with Official Languages and Minority Communities;
  • Good energy, good information, good dialogue, interesting, collaborative group;
  • Very informative, friendly, very good presentation, organized, good ideas;
  • The CRTC is nice!
  • Good support
  • Learn from local and sector realities;
  • Long, laborious process for a small group;
  • The time went quickly!;
  • Should ensure follow-up;
  • Put useful resources on-line.

Date Modified: 2008-07-23

 

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