Broadcasting - Secretary General Letter addressed to Monica Auer (Forum for Research and Policy in Communications)
Ottawa, 23 December 2024
Reference: 2024-288
Public Record: 1011-NOC2024-0288
BY E-MAIL
Monica Auer, M.A., LL.M.
Executive Director, Forum for Research and Policy in Communications
2658 Flannery Drive
Ottawa, Ontario
execdir@frpc.net
Subject: The Path Forward – Defining “Canadian program” and supporting the creation and distribution of Canadian programming in the audio-visual sector, Notice of hearing, Broadcasting Notice of Consultation CRTC 2024-288, 15 November 2024 – procedural requests
Dear Monica Auer,
Thank you for your letter dated 2 December 2024 and filed on behalf of the Forum for Research and Policy in Communications (FRPC) regarding The Path Forward - Defining “Canadian program” and supporting the creation and distribution of Canadian programming in the audiovisual sector, Broadcasting Notice of Consultation CRTC 2024-288 (NoC 2024-288). In this letter, you made several procedural requests. These are addressed below.
Request for extension to file interventions
In the FRPC’s letter, you voiced support for the Motion Picture Association-Canada’s (MPA-C) request to extend the deadline for filing interventions to 20 February 2025. The FRPC requested an extension for additional reasons including international treaty obligations, resource limitations, the number of working days to make submissions, and because other Commission consultations are taking place during the time for filing interventions provided in NoC 2024-288. The Public Interest Advocacy Centre (PIAC) wrote in support of the MPA-C and the FRPC’s extension requests.
The Commission acknowledges the effort that will be required by the FRPC to participate in several Commission proceedings with some overlapping timelines in the coming months. Nevertheless, the Commission finds that truly exceptional circumstances are not present in this case to justify an extension to the timelines set out in NoC 2024-288. The FRPC did not submit substantial evidence demonstrating that it cannot meet the deadlines established in the NoC 2024-288 or that it had explored all possible options to deliver on these time-based demands. Moreover, the Commission is satisfied that the proceeding launched by NoC 2024-288 accords with treaty obligations and will provide parties with the appropriate time in which to participate throughout the proceeding.
The Commission reiterates that it included several phases throughout the consultation, including an in-person public hearing and a final submissions phase. These steps will provide all parties with several opportunities to fully present their views and ensure that the resulting public record is robust and complete. Accordingly, the Commission is satisfied that the procedure set out in NoC 2024-228 strikes the right balance between moving quickly and ensuring fair participation by all interested persons. Accordingly, the Commission denies the request for an extension.
Other Procedural Requests
The FRPC also made several requests for procedural amendments in the context of NoC 2024-288.
Request relating to public opinion research
The FRPC requested that, by 20 December 2024, the Commission publish the complete research design (methodology and questions) of the public opinion research (POR) it hired a third party to conduct in respect of the proceeding launched by NoC 2024-288. This request was intended to allow parties to decide whether to undertake their own public opinion research. PIAC wrote in support of this request.
As indicated in NoC 2024-288, the Commission will allow parties an appropriate amount of time to comment on the POR once it is final and published. The final report should address the POR’s methodology and questions. The POR is being conducted by an independent third party whose work is underway. No timeline for the publication of the POR was included in NoC 2024-288. As has been done in the past, the Commission will announce the timelines for comments on the POR in due course.
Requests relating to timing of additional comments, including final reply
The FRPC requested that the Commission amend NoC 2024-288 to publish deadlines for next phases of the proceeding (including a comment period on the POR, undertakings and final replies).
At this time, the deadlines for filing comments in these subsequent phases of the proceeding have not been set. The Commission considers that it is premature to establish such deadlines at this time. As has been done in the past with other proceedings, the Commission will inform parties when it has established deadlines. This will be done once the Commission has evaluated the complexity of the record following the initial submission phase and considered the appropriate time for additional comment as part of each subsequent phase of this proceeding.
Requests relating to awareness of documents on the public record and the proceeding in general
The FRPC proposed that the Commission implement measures to provide easier and timelier access to the public record of NoC 2024-288. This included adopting a mechanism to notify parties of when documents are posted on the record and enabling the download of all submissions in English or French at the same time. The FRPC also stated that in order to have a fulsome public record, the Commission should consider requiring broadcast licensees to provide notice of NoC 2024-288.
The Commission is a modern, inclusive and timely regulator, and appreciates the feedback on how to automate aspects of the proceedings. The proceeding launched in NoC 2024-288 is already underway and the FRPC’s suggestions have implications for other Commission proceedings. Such measures will be better assessed in the context of future proceedings with more input and information on these issues, such as in a broader review of Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure.
The Commission considers that it has ensured ample public notice of the proceeding. These efforts included, notably, notification through its website; outreach sessions in both official languages; a press release that was shared by more than 30 media outlets; and more recently, email notification to encourage participation.
In the meantime, should you need further assistance accessing the public record of the proceeding, you are welcome to contact Commission staff at hearing@crtc.gc.ca.
Request relating to preparatory conference
You requested that the Commission hold a preparatory conference to limit the scope of the issues addressed at the hearing, or that the Commission refrain from limiting the scope of the hearing to a subset of questions.
The Commission must ensure the efficiency and fairness of its proceedings, and as a quasi-judicial tribunal is empowered to focus its attention to specific issues in the hearing phase of the proceeding launched by NoC 2024-288. It is premature to limit the focus of the hearing prior to the receipt and review of initial submissions. If the Commission determines that it intends to focus its attention during the hearing on specific areas, this will be based on a careful consideration of the record at hand and parties will be given sufficient notice to prepare their appearance accordingly.
We appreciate the FRPC’s commitment to ensuring a fair and thorough consultation process. The FRPC’s input is invaluable in helping to shape the future of Canadian audiovisual programming and we look forward to your organization’s participation in this process.
If you have any questions, you can contact Scott Shortliffe, Vice-President of Broadcasting, at scott.shortliffe@crtc.gc.ca.
Yours sincerely,
Marc Morin
Secretary General
c.c.:
Public Interest Advocacy Centre, piac@piac.ca
The Canadian Internet Society, mgamble@mgamble.ca
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