Commission invites CBC/SRC to potentially use digital media to meet its regulatory obligations
GATINEAU – On Monday, the CRTC officially opened the process for the renewal of the CBC/SRC licences, asking Canadians on Facebook what they think about the public broadcaster.
The public hearing will be held in May.
While we had heard and read the CBC/SRC is asking the Comission to include its digital platforms when it comes to meeting its substantial regulatory objectives, in reading the 200-page application, we found that it is the Commission itself which actually invited the Corporation to do so.
A renewal process such as this one starts with a letter from the CRTC to the CBC/SRC saying it’s licence renewal time – and the Regulatory normally kicks off the process with an extensive list of questions for CBC/SRC to answer. This time, 119 initial questions were asked.
Question 5 from the CRTC is a long-winded one, ending with the following: “Comment on the continued relevance of regulating the programming and programming related activities of CBC/SRC in a manner that focuses solely on the provision of content via the traditional radio and television services that are owned and operated by CBC/SRC.”
The CBC/SRC response was, essentially, yes, we should count the digital platforms content towards its obligations, but DO NOT regulate them.
And then, in question 6, the CRTC asked how to organize the mechanics of it all: “In your view, would taking into consideration the entirety of the CBC/SRC operations, including its online platforms, better allow the Commission to ensure that policy objectives and outcomes could be achieved?” Specifically, the CRTC asked how could the CBC/SRC’s online platforms be incorporated into such an approach; how could programming requirements normally imposed by conditions of licence on a specific service take into account programming provided on various online platforms; and what regulatory tools should the Commission use for each platform, including traditional radio and television platforms, CBC/SRC owned and operated online digital platforms?
To which the CBC replied “At this time, CBC/Radio-Canada believes the public broadcaster’s licence renewal proceeding is not suited to a review of the Commission’s Digital Media Exemption Order, and that the Corporation should continue to operate within the scope of that Order. CBC/Radio-Canada’s services on traditional platforms should continue to be licensed subject to appropriate conditions of licence and expectations.”
The CBC/SRC reply then says “the starting point for the design of CBC/Radio-Canada’s regulatory framework must be section 3(1)(m) of the Broadcasting Act, which sets out the public broadcaster’s statutory mandate. Section 3(1)(m) does not dictate how CBC/Radio-Canada is to achieve the elements of its mandate. This task is left to CBC/Radio-Canada to decide in light of relevant financial, technological, demographic and similar considerations, as currently outlined in CBC/Radio-Canada’s Strategic Plan.”
(It should be noted that we have not seen an extensive Strategic Plan beyond a short summary. We trust it will be made available before the hearing).
So, a hybrid model is contemplated by the Corporation, with both sides learning. It’s telling how the notice of consultation, which asks questions for intervenors and the public, seems to be seeking help to find a new regulatory model, too.
“CBC/Radio-Canada has not shut down, nor are we proposing to shut down, any television or radio stations over the next licence term.”
CBC/SRC Proposal
“In order to recognize and encourage the exhibition of audiovisual content on digital platforms, we are proposing for each type of content the following approach:
First, a cross-platform goal described as a total number of exhibition hours for combined conventional television and digital platforms. Second, an accompanying condition of licence setting a minimum exhibition obligation for conventional television and anything between the conventional television minimum and the total exhibition goal could be broadcast either on the conventional television network or on a digital platform,” reads the CBC/SRC approach as spelled out in its supplementary brief.
French Television
Programs on national interest (PNI) programming—an expectation of eight hours per week of PNI programming in total (i.e., total exhibition hours for conventional television and our digital platforms), and a condition of licence setting a minimum of six hours per week on the ICI Télé. In the previous renewal, in 2013, the level was set at seven hours.
Children’s and youth programming—a condition of licence of 15 hours of children’s programming per week on the ICI Télé, and an expectation of 110 hours of original children’s and youth programming in total (i.e., total exhibition hours for conventional television and our digital platforms), with a condition of licence setting a minimum of 80 hours of original children’s and youth programming per broadcast year on the ICI Télé. In the previous renewal, the level was set at 15 hours and 100 hours.
Local programming: An expectation of 5.5 hours per week of local programming in total (i.e., total exhibition hours for conventional television and our digital platforms); and a condition of licence setting a minimum of five hours of local programming on the ICI Télé stations. In the previous renewal, the level was set at five hours.
English Services
PNI programming—an expectation of 10 hours per week of PNI programming in total (i.e., total exhibition hours for conventional television and our digital platforms), and a condition of licence setting at least seven hours per week on CBC Television. In the previous renewal, the level was set at nine hours.
Children’s and youth programming—a condition of licence of 15 hours of children’s programming per week on CBC Television; and an expectation of 80 hours of original children’s and youth programming in total (i.e., total exhibition hours for conventional television and our digital platforms), with a condition of licence setting a minimum of 40 hours of original children’s and youth programming per broadcast year on CBC Television. In the previous renewal, the level was set at 15 hours.
Local programming—an expectation of 14.5 per week of local programming in metropolitan markets in total, and 7.5 hours per week of local programming in non-metropolitan markets per week in total (i.e., total exhibition hours for conventional television and our digital platforms), with a condition of licence setting a minimum of 12 hours per week on CBC Television stations in metropolitan markets, and 5 hours per week on CBC Television stations in non-metropolitan markets. In the previous renewal, the level was set at 14 hours.
THE CBC IS ALSO asking its national news services, ICI RDI and CBC News Network, have their section 9(1)(h) mandatory orders renewed and rates per subscriber per month increased. “(W)e are requesting that both services be granted a modest increase in their wholesale rates. Specifically, we are requesting modest increases in the wholesale rates of ICI RDI to $0.13 when carried in English-language markets and of CBC News Network to $0.20 when carried in French-language markets. These would represent the first wholesale rate increases, of approximately 30% for each of these services, from the rates that were established by the Commission over a quarter of a century ago,” argues its submission.
And for those who would be worried a shift to online digital platforms could result in a diminution in over the air reach: “Accessibility to broadband high-speed Internet continues to lag behind for certain population groups in Canada, notably communities in rural and remote areas. CBC/Radio-Canada has not shut down, nor are we proposing to shut down, any television or radio stations over the next licence term. Therefore, viewers and listeners in the areas served by these transmitters continue to be able to receive this programming over the air,” reads the application.
The deadline for interventions is February 13, 2020, and the CBC/SRC must reply by February 28.
But before that, the Commission is conducting a Facebook consultation that started on November 25th and will end on December 9th.
In the meantime, though, a few events could throw a wrench in this well-oiled machinery. On December 5th, expect the speech from the throne from the new government to have vague language on local news and Public Broadcaster support.
Then, the Broadcasting and Telecommunications Legislative Review panel will submit its report to Government on or before January 31, 2020.
Finally, the budget is likely to be tabled after the intervention deadline, so it could have an impact if the government does not prolong its five years/$675 million additional commitment that started in 2016 Budget 2016.
