fbpx
Wikipedia

Canadian Radio-television and Telecommunications Commission

May 01, 2023

"CRTC" redirects here. For other uses, see CRTC (disambiguation).

The Canadian Radio-television and Telecommunications Commission (CRTC; French: Conseil de la radiodiffusion et des télécommunications canadiennes) is a public organization in Canada with mandate as a regulatory agency for broadcasting and telecommunications. It was created in 1976 when it took over responsibility for regulating telecommunication carriers. Prior to 1976, it was known as the Canadian Radio and Television Commission, which was established in 1968 by the Parliament of Canada to replace the Board of Broadcast Governors. Its headquarters is located in the Central Building (Édifice central) of Les Terrasses de la Chaudière in Gatineau, Quebec.[3]

Canadian Radio-television and Telecommunications Commission
Conseil de la radiodiffusion et des télécommuications canadiennes

Terrasses de la Chaudière is the headquarters of the CRTC
Agency overview
Formed1968 (1968)
Preceding
JurisdictionGovernment of Canada
HeadquartersGatineau, Quebec, Canada
Minister responsible
Agency executive
  • Vicky Eatrides[1], (Chairperson & CEO)
Parent departmentCanadian Heritage
Websitecrtc.gc.ca

History

The CRTC was originally known as the Canadian Radio-Television Commission. In 1976, jurisdiction over telecommunications services, most of which were then delivered by monopoly common carriers (for example, telephone companies), was transferred to it from the Canadian Transport Commission although the abbreviation CRTC remained the same.

On the telecom side, the CRTC originally regulated only privately held common carriers:

Other telephone companies, many of which were publicly owned and entirely within a province's borders, were regulated by provincial authorities until court rulings during the 1990s affirmed federal jurisdiction over the sector, which also included some fifty small independent incumbents, most of them in Ontario and Quebec. Notable in this group were:

Jurisdiction

The CRTC regulates all Canadian broadcasting and telecommunications activities and enforces rules it creates to carry out the policies assigned to it; the best-known of these is probably the Canadian content rules. The CRTC reports to the Parliament of Canada through the Minister of Canadian Heritage, which is responsible for the Broadcasting Act, and has an informal relationship with Industry Canada, which is responsible for the Telecommunications Act. Provisions in these two acts, along with less-formal instructions issued by the federal cabinet known as orders-in-council, represent the bulk of the CRTC's jurisdiction.

In many cases, such as the cabinet-directed prohibition on foreign ownership for broadcasters[4] and the legislated principle of the predominance of Canadian content,[5] these acts and orders often leave the CRTC less room to change policy than critics sometimes suggest, and the result is that the commission is often the lightning rod for policy criticism that could arguably be better directed at the government itself.

Complaints against broadcasters, such as concerns around offensive programming, are dealt with by the Canadian Broadcast Standards Council (CBSC), an independent broadcast industry association, rather than by the CRTC, although CBSC decisions can be appealed to the CRTC if necessary. However, the CRTC is also sometimes erroneously criticized for CBSC decisions — for example, the CRTC was erroneously criticized for the CBSC's decisions pertaining to the airing of Howard Stern's terrestrial radio show in Canada in the late 1990s, as well as the CBSC's controversial ruling on the Dire Straits song "Money for Nothing".[6]

The commission is not fully equivalent to the U.S. Federal Communications Commission, which has additional powers over technical matters, in broadcasting and other aspects of communications, in that country. In Canada, Innovation, Science and Economic Development Canada (formerly Industry Canada) is responsible for allocating frequencies and call signs, managing the broadcast spectrum, and regulating other technical issues such as interference with electronics equipment.

Regulation of broadcast distributors

The CRTC has in the past regulated the prices cable television broadcast distributors are allowed to charge. In most major markets, however, prices are no longer regulated due to increased competition for broadcast distribution from satellite television.

The CRTC also regulates which channels broadcast distributors must or may offer. Per the Broadcasting Act[7] the commission also gives priority to Canadian signals—many non-Canadian channels which compete with Canadian channels are thus not approved for distribution in Canada. The CRTC argues that allowing free trade in television stations would overwhelm the smaller Canadian market, preventing it from upholding its responsibility to foster a national conversation. Some people, however, consider this tantamount to censorship.

The CRTC's simultaneous substitution rules require that when a Canadian network licenses a television show from a US network and shows it in the same time slot, upon request by the Canadian broadcaster, Canadian broadcast distributors must replace the show on the US channel with the broadcast of the Canadian channel, along with any overlays and commercials.

As Grey's Anatomy is on ABC, but is carried in Canada on CTV at the same time, for instance, the cable, satellite, or other broadcast distributor must send the CTV feed over the signal of the carried ABC affiliate, even where the ABC version is somehow different, particularly commercials.[8] (These rules are not intended to apply in case of differing episodes of the same series; this difference may not always be communicated to distributors, although this is rather rare.) Viewers via home antenna who receive both American and Canadian networks on their personal sets are not affected by sim-sub.

The goal of this policy is to create a market in which Canadian networks can realize revenue through advertising sales in spite of their inability to match the rates that the much larger American networks can afford to pay for syndicated programming. This policy is also why Canadian viewers do not see American advertisements during the Super Bowl, even when tuning into one of the many American networks carried on Canadian televisions.

The CRTC also regulates radio in Canada, including community radio, where the CRTC requires that at least 15% of each station's output must be locally produced spoken word content.[9]

Regulation of the Internet

In a major May 1999 decision on "New Media", the CRTC held that under the Broadcasting Act the CRTC had jurisdiction over certain content communicated over the Internet including audio and video, but excluding content that is primarily alphanumeric such as emails and most webpages. It also issued an exemption order committing to a policy of non-interference.[10]

In May 2011, in response to the increase presence of Over-the-Top (OTT) programming, the CRTC put a call out to the public to provide input on the impact OTT programming is having on Canadian content and existing broadcasting subscriptions through satellite and cable.[11]

On October 5, 2011 the CRTC released their findings that included consultations with stakeholders from the telecommunication industry, media producers, and cultural leaders among others. The evidence was inconclusive, suggesting that an increased availability of OTT options is not having a negative impact on the availability or diversity of Canadian content, one of the key policy mandates of the CRTC, nor are there signs that there has been a significant decline of television subscriptions through cable or satellite. However, given the rapid progress in the industry they are working on a more in depth study to be concluded in May 2012.[12]

The CRTC does not directly regulate rates, quality of service issues, or business practices for Internet service providers. However, the CRTC does continually monitor the sector and associated trends.[13] To handle complains, the CRTC was ordered by the Government of Canada to create an independent, industry-funded agency to resolve complaints from consumers and small business retail telecom customers. In July 2007, the Commission for Complaints for Telecom-Television Services (CCTS) opened its doors.[14]

Third Party ISP Access refers to a ruling forcing Cable operators (MSO) to offer Internet access to third party resellers.

Regulation of telephone service

The commission currently has some jurisdiction over the provision of local landline telephone service in Canada. This is largely limited to the major incumbent carriers, such as Bell Canada and Telus, for traditional landline service (but not Voice over Internet Protocol (VoIP)). It has begun the gradual deregulation of such services where, in the commission's opinion, a sufficient level of competition exists.[15]

The CRTC is sometimes blamed for the current state of the mobile phone industry in Canada, in which there are only three national mobile network operators – Bell Mobility, Telus Mobility, and Rogers Wireless – as well as a handful of MVNOs operating on these networks. In fact, the commission has very little to do with the regulation of mobile phone service, outside of "undue preference" issues (for example, a carrier offering a superior rate or service to some subscribers and not others without a good reason).

It does not regulate service rates, service quality, or other business practices, and commission approval is not necessary for wireless provider sales or mergers as in the broadcasting industry.[16] Moreover, it does not deal with the availability of spectrum for mobile phone service, which is part of the Industry Canada mandate, nor the maintenance of competition, which is largely the responsibility of The Competition Bureau.

Transfers of ownership/foreign ownership

Any transfer of more than 30% of the ownership of a broadcasting licence (including cable/satellite distribution licences) requires advance approval of the commission. One condition normally taken into account in such a decision is the level of foreign ownership; federal regulations require that Canadian citizens ultimately own a majority of a broadcast licence. Usually this takes the form of a public process, where interested parties can express their concerns and sometimes including a public hearing, followed by a commission decision.

While landline and mobile telephone providers must also be majority-owned by Canadians under the federal Telecommunications Act, the CRTC is not responsible for enforcement of this provision. In fact, the commission does not require licences at all for telephone companies, and CRTC approval is therefore not generally required for the sale of a telephone company, unless said company also owns a broadcast licence.

Notable decisions

Since 1987, the CRTC has been involved in several notable decisions, some of which led to controversy and debate.

Milestone Radio

Milestone Radio: In two separate rounds of licence hearings in the 1990s, the CRTC rejected applications by Milestone Radio to launch a radio station in Toronto which would have been Canada's first urban music station; in both cases, the CRTC instead granted licences to stations that duplicated formats already offered by other stations in the Toronto market. The decision has been widely cited as one of the single most significant reasons why Canadian hip hop had difficulty establishing its commercial viability throughout the 1990s.[17] The CRTC finally granted a licence to Milestone in 2000, after a cabinet order-in-council directed the commission to license two new radio stations that reflected the cultural diversity of the Toronto market, and CFXJ-FM launched in 2001.[17]

CHOI-FM

CHOI-FM: The CRTC announced it would not renew the licence of the popular radio station CHOI-FM in Quebec City, after having previously sanctioned the station for failing to uphold its promise of performance and then, during the years following, receiving about 50 complaints about offensive behaviour by radio jockeys which similarly contravened CRTC rules on broadcast hate speech. Many thousands of the station's fans marched in the streets and on Parliament Hill against the decision, and the parent company of CHOI, Genex Corp., appealed the CRTC decision unsuccessfully to the Federal Court of Canada.

The station was later sold to RNC Media, but instead of renewing its licence the CRTC issued RNC a licence to launch a new radio station on the same frequency.[citation needed]

CBC Newsworld

CBC Newsworld: The CRTC licensed the CBC on November 30, 1987 to provide a national all-news television network. Its competitor applicant, Alberta-based Allarcom, appealed this decision to the House of Commons of Canada. It was overturned and there were questions of whether federal politicians should meddle in CRTC decisions. Because of this the network launch was delayed from September 1, 1988 to July 31, 1989.[citation needed]

RAI International

RAI International: In Summer 2004, this Italian government-controlled channel was denied permission to broadcast independently in Canada on the grounds that it had acted and was likely to act contrary to established Canadian policies. RAI International's latest politically appointed President (an avowed right wing nationalist and former spokesperson for Giorgio Almirante, the leader of the post-fascist party of Italy) had unilaterally terminated a 20-year-old agreement and stripped all of its 1,500 to 2,000 annual hours of programming from Telelatino (TLN), a Canadian-run channel which had devoted 95% of its prime time schedule to RAI programs for 20 years since TLN was founded.

All Italian-Canadians were denied RAI programming by RAI International's removal of its programming from the Canadian marketplace, a move intended to create a public outcry and a threat that Canadians would resort to using satellite viewing cards obtained via the US in order to watch RAI, even though these cards were either grey market or black market, according to different analyses (see below). Following unprecedented foreign led and domestic political interference with the CRTC's quasi-judicial independent regulatory process, within six months of its original decision, an abrupt CRTC "review" of its policy on third-language foreign services determined to drop virtually all restrictions and adopt a new "open entry" approach to foreign controlled "third language" (non-English, non-French) channels.[citation needed]

Al Jazeera

Al Jazeera: Was approved by the CRTC in 2004 as an optional cable and satellite offering, but on the condition that any carrier distributing it must edit out any instances of illegal hate speech. Cable companies declared that these restrictions would make it too expensive to carry Al Jazeera. Although no cable company released data as to what such a monitoring service would cost, the end-result was that no cable company elected to carry the station, either, leaving many Arabic-speaking Canadians using free-to-air satellite dishes to watch the station.

The Canadian Jewish Congress has expressed its opinion over possible anti-Semitic incitement on this station and that the restrictions on Al Jazeera are appropriate, while the Canadian B'nai Brith is opposed to any approval of Al Jazeera in Canada. The CRTC ruling applied to Al Jazeera and not to its English-speaking sister network Al Jazeera English, which was launched two years after the ruling.[citation needed]

Fox News Channel

Fox News Channel: Until 2004, the CRTC's apparent reluctance to grant a digital licence to Fox News Channel under the same policy which made it difficult for RAI to enter the country – same-genre competition from foreign services – had angered many conservative Canadians, who believed the network was deliberately being kept out due to its perceived conservative bias, particularly given the long-standing availability of services such as CNN and BBC World in Canada.

On November 18, 2004, however, the CRTC approved an application by cable companies to offer Fox News Channel on the digital cable tier. Fox commenced broadcasting in Canada shortly thereafter.[18]

Satellite radio

Satellite radio: In June 2005, the CRTC outraged some Canadian cultural nationalists (such as the Friends of Canadian Broadcasting) and labour unions by licensing two companies, Canadian Satellite Radio and Sirius Canada to offer satellite radio services in Canada. The two companies are in partnership with American firms XM Satellite Radio and Sirius Satellite Radio respectively, and in accordance with the CRTC decision will only need to offer ten percent Canadian content. The CRTC contends that this low level of Canadian content, particularly when compared to the 35% rule on local radio stations, was necessary because unlicensed U.S. receivers were already flooding into the country, so that enforcing a ban on these receivers would be nearly impossible (see below).

This explanation did not satisfy cultural nationalists, who demanded that the federal cabinet overturn the decision and mandate a minimum of 35% Canadian content. Supporters of the decision argue that satellite radio can only be feasibly set up as a continental system, and trying to impose 35% Canadian content across North America is quite unrealistic. They also argue that satellite radio will boost Canadian culture by giving vital exposure to independent artists, instead of concentrating just on the country's stars, and point to the CRTC's successful extraction of promises to program 10% Canadian content on satellite services already operational in the United States as important concessions.[19] Despite popular perception that the CRTC banned Sirius Canada from broadcasting Howard Stern's program, this is not the case. Sirius Canada in fact initially chose not to air Stern based on the possibility of a future issue with the CRTC, although the company reversed its decision and began offering Howard Stern in 2006.

2008 Ottawa radio licence

2008 Ottawa radio licences: On November 21, 2008, federal Minister of Canadian Heritage and Official Languages James Moore issued a statement calling on the CRTC to review its approval of two new radio stations, Frank Torres' CIDG-FM and Astral Media's CJOT-FM, which it had licensed in August 2008 to serve the Ottawa-Gatineau radio market. Moore asked the commission to assess whether the francophone population of the Ottawa-Gatineau area was sufficiently well-served by existing French radio services, and to consider licensing one or more of the French language applications, which included a Christian music station, a community radio station and a campus radio station for the Université du Québec en Outaouais, in addition to or instead of the approved stations.[20] The review ultimately identified a viable frequency for a third station, and CJFO-FM launched in 2010.

Bell Canada usage-based Internet billing

Bell Canada usage-based billing: On October 28, 2010, the CRTC handed down its final decision on how wholesale customers can be billed by large network owners. Under the plan which starts within 90 days, Bell will be able to charge wholesale service providers a flat monthly fee to connect to its network, and for a set monthly usage limit per each ISP customer the ISP has. Beyond that set limit, individual users will be charged per gigabyte, depending on the speed of their connections.

Customers using the fastest connections of five megabits per second, for example, will have a monthly allotment of 60 GB, beyond which Bell will charge $1.12 per GB to a maximum of $22.50. If a customer uses more than 300 GB a month, Bell will also be able to implement an additional charge of 75 cents per gigabyte. In May 2010, the CRTC ruled that Bell could not implement its usage-based billing system until all of its own retail customers had been moved off older, unlimited downloading plans. The requirement would have meant that Bell would have to move its oldest and most loyal customers.

The CRTC also added that Bell would be required to offer to wholesale ISPs the same usage insurance plan it sells to retail customers. Bell appealed both requirements, citing that the rules do not apply to cable companies and that they constituted proactive rate regulation by the CRTC, which goes against government official policy direction that the regulator only intervene in markets after a competitive problem has been proven. In Thursday's decision, the CRTC rescinded both requirements, thereby giving Bell the go-ahead to implement usage-based billing. This ruling according to Teksavvy handcuffs the competitive market.[21] This has been asked by Stephen Harper and Parliament to have the decision reviewed. According to a tweet by Industry Minister Tony Clement, unless the CRTC reverses this decision, the government will use its override power to reverse the decision.[22]

Reception of non-Canadian services

While an exact number has not been determined, thousands of Canadians have purchased and used what they contend to be grey market radio and television services, licensed in the United States but not in Canada. Users of these unlicensed services contend that they are not directly breaking any laws by simply using the equipment. The equipment is usually purchased from an American supplier (although some merchants have attempted to set up shop in Canada) and the services are billed to an American postal address. The advent of online billing and the easy availability of credit card services has made it relatively easy for almost anyone to maintain an account in good standing, regardless of where they actually live.

Sec. 9(1)(c) of the Radiocommunication Act creates a prohibition against all decoding of encrypted programming signals, followed by an exception where authorization is received from the person holding the lawful right in Canada to transmit and authorize decoding of the signal. This means receiving the encrypted programming of DishNetwork or DirecTV, even with a grey market subscription, may be construed as unlawful (this remains an unresolved Constitutional issue).

Notwithstanding, possession of DishNetwork or DirecTV equipment is not unlawful as provided by The Radiocommuncation Act Section 4(1)(b), which states:

"No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than (b)a radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking. (radio apparatus" means a device or combination of devices intended for, or capable of being used for, radiocommunication)."

Satellite radio poses a more complicated problem for the CRTC. While an unlicensed satellite dish can often be identified easily, satellite radio receivers are much more compact and can rarely be easily identified, at least not without flagrantly violating provisions against unreasonable search and seizure in the Canadian Charter of Rights and Freedoms. Some observers argued that this influenced the CRTC's June 2005 decision to ease Canadian content restrictions on satellite radio (see above).

Structure

The CRTC is run by up to 13 full-time members (including the chairman, the vice-chairman of broadcasting, and the vice-chairman of telecommunications) appointed by the Cabinet for renewable terms of up to five years. However, unlike the more directly political appointees of the American Federal Communications Commission, the CRTC is an arms-length regulatory body with more autonomous authority over telecommunications. For example, the CRTC's decisions rely more on a judiciary process relying on evidence submitted during public consultations, rather than along party lines as the American FCC is prone to do.[23]

The CRTC Interconnection Steering Committee (CISC) assists in developing information, procedures and guidelines for the CRTC's regulatory activities.

Chairs of the CRTC

Related legislation

See also

Notes

  1. ^ Dobby, Christine (21 January 2023). "'What has the CRTC done for me?' New chair of telecom regulator takes aim at Canada's high internet prices". Toronto Star. Retrieved 21 January 2023.
  2. ^ "Broadcasting and Digital Communications". pch.gc.ca. 13 December 2013.
  3. ^ Contact Us." Canadian Radio-television and Telecommunications Commission. Retrieved on February 4, 2011. "At the Central Office Les Terrasses de la Chaudière Central Building 1 Promenade du Portage Gatineau, Quebec J8X 4B1." Address (in French): "À l'administration centrale Les Terrasses de la Chaudière Édifice central 1, promenade du Portage Gatineau (Québec) J8X 4B1."
  4. ^ Direction to the CRTC (Ineligibility of Non-Canadians) Archived 2012-07-09 at archive.today (CanLII)
  5. ^ . Laws.justice.gc.ca. Archived from the original on 2011-06-05. Retrieved 2011-02-26.
  6. ^ "CRTC asks for review of controversial ‘Money for Nothing’ decision". The Globe and Mail, January 21, 2011.
  7. ^ Department of Justice, Laws of Canada (at §3.(1)(t)(i))
  8. ^ . Crtc.gc.ca. 2010-01-18. Archived from the original on 2009-02-25. Retrieved 2011-02-26.
  9. ^ (CRTC), Government of Canada, Canadian Radio-television and Telecommunications Commission (22 July 2010). "Campus and community radio policy - CRTC's 2010 revised policy for campus and community radio stations". www.crtc.gc.ca. Retrieved 2018-10-12.
  10. ^ "Public Notice CRTC 1999-197". Crtc.gc.ca. 17 December 1999. Retrieved 2011-02-26.
  11. ^ "Broadcasting and Telecom Notice of Consultation CRTC 2011-344". Crtc.gc.ca. 2011-05-25. Retrieved 2011-10-24.
  12. ^ "Results of the fact-finding exercise on the over-the-top programming services October 2011". Crtc.gc.ca. 2011-10-05. Retrieved 2011-10-24.
  13. ^ "Internet". CRTC. 2009-09-11. Retrieved 2011-02-26.
  14. ^ "A short history". CCTS. Retrieved 2019-07-05.
  15. ^ "CRTC sets criteria for the deregulation of local telephone service". CRTC.gc.ca. 2004-04-06. Archived from the original on 2012-07-31. Retrieved 2011-10-29.
  16. ^ "Cellular (wireless) telephone services". Crtc.gc.ca. 2009-09-18. Retrieved 2011-02-26.
  17. ^ a b Nazareth, Errol; D'Amico, Francesca (March 4, 2015). "Urban Music". The Canadian Encyclopedia (online ed.). Historica Canada. Retrieved September 21, 2015.
  18. ^ "Fox News coming to Canada". The Leader-Post. Regina, Saskatchewan. November 19, 2004.
  19. ^ Satellite radio – Yahoo News June 27, 2005 March 5, 2005, at the Wayback Machine
  20. ^ "The Government of Canada Refers Decisions on Radio in the Ottawa-Gatineau Region Back to CRTC" (Press release). Government of Canada. November 21, 2008. Retrieved September 21, 2015.
  21. ^ Marlow, Iain (October 29, 2010). "CRTC ruling handcuffs competitive market: Teksavvy". Globe and Mail. Retrieved September 21, 2015.
  22. ^ "CRTC Decision to be overruled: Tony Clement via Twitter". Tek Tok Canada. 2011-02-02. Retrieved 2011-02-26.
  23. ^ Braga, Matthew (14 December 2017). "Why Canada's net neutrality fight hasn't been as fierce as the one in the U.S." CBC. CBC News. Retrieved 15 December 2017.

References

  • Armstrong, Robert (2010), Broadcasting Policy in Canada, University of Toronto Press, ISBN 9781442640962
  • Edwardson, Ryan (2008), Canadian content: culture and the quest for nationhood, University of Toronto Press, ISBN 978-0-8020-9759-0

External links

 
Wikimedia Commons has media related to Canadian Radio-television and Telecommunications Commission.
  • Official website
  • CBC Digital Archives – Ruling the Airwaves: The CRTC and Canadian Content

May 01, 2023
canadian, radio, television, telecommunications, commission, crtc, redirects, here, other, uses, crtc, disambiguation, crtc, french, conseil, radiodiffusion, télécommunications, canadiennes, public, organization, canada, with, mandate, regulatory, agency, broa. CRTC redirects here For other uses see CRTC disambiguation The Canadian Radio television and Telecommunications Commission CRTC French Conseil de la radiodiffusion et des telecommunications canadiennes is a public organization in Canada with mandate as a regulatory agency for broadcasting and telecommunications It was created in 1976 when it took over responsibility for regulating telecommunication carriers Prior to 1976 it was known as the Canadian Radio and Television Commission which was established in 1968 by the Parliament of Canada to replace the Board of Broadcast Governors Its headquarters is located in the Central Building Edifice central of Les Terrasses de la Chaudiere in Gatineau Quebec 3 Canadian Radio television and Telecommunications CommissionConseil de la radiodiffusion et des telecommuications canadiennesTerrasses de la Chaudiere is the headquarters of the CRTCAgency overviewFormed1968 1968 PrecedingBoard of Broadcast GovernorsJurisdictionGovernment of CanadaHeadquartersGatineau Quebec CanadaMinister responsibleHon Pablo Rodriguez Minister of Canadian Heritage 2 Agency executiveVicky Eatrides 1 Chairperson amp CEO Parent departmentCanadian HeritageWebsitecrtc gc ca Contents 1 History 2 Jurisdiction 2 1 Regulation of broadcast distributors 2 2 Regulation of the Internet 2 3 Regulation of telephone service 2 4 Transfers of ownership foreign ownership 3 Notable decisions 3 1 Milestone Radio 3 2 CHOI FM 3 3 CBC Newsworld 3 4 RAI International 3 5 Al Jazeera 3 6 Fox News Channel 3 7 Satellite radio 3 8 2008 Ottawa radio licence 3 9 Bell Canada usage based Internet billing 4 Reception of non Canadian services 5 Structure 6 Chairs of the CRTC 7 Related legislation 8 See also 9 Notes 10 References 11 External linksHistoryThe CRTC was originally known as the Canadian Radio Television Commission In 1976 jurisdiction over telecommunications services most of which were then delivered by monopoly common carriers for example telephone companies was transferred to it from the Canadian Transport Commission although the abbreviation CRTC remained the same On the telecom side the CRTC originally regulated only privately held common carriers BC Tel merged with Telus which served British Columbia in which a U S company GTE held a substantial stake Bell Canada which served much of Ontario and Quebec and the eastern part of the Northwest Territories now Nunavut telephone operations owned by crown corporation Canadian National Railways in Newfoundland Terra Nova Tel the Northwest Territories Yukon and northern B C the latter three being Northwestel Other telephone companies many of which were publicly owned and entirely within a province s borders were regulated by provincial authorities until court rulings during the 1990s affirmed federal jurisdiction over the sector which also included some fifty small independent incumbents most of them in Ontario and Quebec Notable in this group were Newfoundland Telephone Maritime Telegraph and Telephone Island Telephone Island Tel New Brunswick Telephone NBTel Manitoba Telephone System MTS SaskTel Alberta Government Telephones AGT Northern Telephone Ontario Telebec municipal telephone services in Prince Rupert B C CityWest and Thunder Bay Tbaytel JurisdictionThe CRTC regulates all Canadian broadcasting and telecommunications activities and enforces rules it creates to carry out the policies assigned to it the best known of these is probably the Canadian content rules The CRTC reports to the Parliament of Canada through the Minister of Canadian Heritage which is responsible for the Broadcasting Act and has an informal relationship with Industry Canada which is responsible for the Telecommunications Act Provisions in these two acts along with less formal instructions issued by the federal cabinet known as orders in council represent the bulk of the CRTC s jurisdiction In many cases such as the cabinet directed prohibition on foreign ownership for broadcasters 4 and the legislated principle of the predominance of Canadian content 5 these acts and orders often leave the CRTC less room to change policy than critics sometimes suggest and the result is that the commission is often the lightning rod for policy criticism that could arguably be better directed at the government itself Complaints against broadcasters such as concerns around offensive programming are dealt with by the Canadian Broadcast Standards Council CBSC an independent broadcast industry association rather than by the CRTC although CBSC decisions can be appealed to the CRTC if necessary However the CRTC is also sometimes erroneously criticized for CBSC decisions for example the CRTC was erroneously criticized for the CBSC s decisions pertaining to the airing of Howard Stern s terrestrial radio show in Canada in the late 1990s as well as the CBSC s controversial ruling on the Dire Straits song Money for Nothing 6 The commission is not fully equivalent to the U S Federal Communications Commission which has additional powers over technical matters in broadcasting and other aspects of communications in that country In Canada Innovation Science and Economic Development Canada formerly Industry Canada is responsible for allocating frequencies and call signs managing the broadcast spectrum and regulating other technical issues such as interference with electronics equipment Regulation of broadcast distributors The CRTC has in the past regulated the prices cable television broadcast distributors are allowed to charge In most major markets however prices are no longer regulated due to increased competition for broadcast distribution from satellite television The CRTC also regulates which channels broadcast distributors must or may offer Per the Broadcasting Act 7 the commission also gives priority to Canadian signals many non Canadian channels which compete with Canadian channels are thus not approved for distribution in Canada The CRTC argues that allowing free trade in television stations would overwhelm the smaller Canadian market preventing it from upholding its responsibility to foster a national conversation Some people however consider this tantamount to censorship The CRTC s simultaneous substitution rules require that when a Canadian network licenses a television show from a US network and shows it in the same time slot upon request by the Canadian broadcaster Canadian broadcast distributors must replace the show on the US channel with the broadcast of the Canadian channel along with any overlays and commercials As Grey s Anatomy is on ABC but is carried in Canada on CTV at the same time for instance the cable satellite or other broadcast distributor must send the CTV feed over the signal of the carried ABC affiliate even where the ABC version is somehow different particularly commercials 8 These rules are not intended to apply in case of differing episodes of the same series this difference may not always be communicated to distributors although this is rather rare Viewers via home antenna who receive both American and Canadian networks on their personal sets are not affected by sim sub The goal of this policy is to create a market in which Canadian networks can realize revenue through advertising sales in spite of their inability to match the rates that the much larger American networks can afford to pay for syndicated programming This policy is also why Canadian viewers do not see American advertisements during the Super Bowl even when tuning into one of the many American networks carried on Canadian televisions The CRTC also regulates radio in Canada including community radio where the CRTC requires that at least 15 of each station s output must be locally produced spoken word content 9 Regulation of the Internet In a major May 1999 decision on New Media the CRTC held that under the Broadcasting Act the CRTC had jurisdiction over certain content communicated over the Internet including audio and video but excluding content that is primarily alphanumeric such as emails and most webpages It also issued an exemption order committing to a policy of non interference 10 In May 2011 in response to the increase presence of Over the Top OTT programming the CRTC put a call out to the public to provide input on the impact OTT programming is having on Canadian content and existing broadcasting subscriptions through satellite and cable 11 On October 5 2011 the CRTC released their findings that included consultations with stakeholders from the telecommunication industry media producers and cultural leaders among others The evidence was inconclusive suggesting that an increased availability of OTT options is not having a negative impact on the availability or diversity of Canadian content one of the key policy mandates of the CRTC nor are there signs that there has been a significant decline of television subscriptions through cable or satellite However given the rapid progress in the industry they are working on a more in depth study to be concluded in May 2012 12 The CRTC does not directly regulate rates quality of service issues or business practices for Internet service providers However the CRTC does continually monitor the sector and associated trends 13 To handle complains the CRTC was ordered by the Government of Canada to create an independent industry funded agency to resolve complaints from consumers and small business retail telecom customers In July 2007 the Commission for Complaints for Telecom Television Services CCTS opened its doors 14 Third Party ISP Access refers to a ruling forcing Cable operators MSO to offer Internet access to third party resellers Regulation of telephone service The commission currently has some jurisdiction over the provision of local landline telephone service in Canada This is largely limited to the major incumbent carriers such as Bell Canada and Telus for traditional landline service but not Voice over Internet Protocol VoIP It has begun the gradual deregulation of such services where in the commission s opinion a sufficient level of competition exists 15 The CRTC is sometimes blamed for the current state of the mobile phone industry in Canada in which there are only three national mobile network operators Bell Mobility Telus Mobility and Rogers Wireless as well as a handful of MVNOs operating on these networks In fact the commission has very little to do with the regulation of mobile phone service outside of undue preference issues for example a carrier offering a superior rate or service to some subscribers and not others without a good reason It does not regulate service rates service quality or other business practices and commission approval is not necessary for wireless provider sales or mergers as in the broadcasting industry 16 Moreover it does not deal with the availability of spectrum for mobile phone service which is part of the Industry Canada mandate nor the maintenance of competition which is largely the responsibility of The Competition Bureau Transfers of ownership foreign ownership Any transfer of more than 30 of the ownership of a broadcasting licence including cable satellite distribution licences requires advance approval of the commission One condition normally taken into account in such a decision is the level of foreign ownership federal regulations require that Canadian citizens ultimately own a majority of a broadcast licence Usually this takes the form of a public process where interested parties can express their concerns and sometimes including a public hearing followed by a commission decision While landline and mobile telephone providers must also be majority owned by Canadians under the federal Telecommunications Act the CRTC is not responsible for enforcement of this provision In fact the commission does not require licences at all for telephone companies and CRTC approval is therefore not generally required for the sale of a telephone company unless said company also owns a broadcast licence Notable decisionsSince 1987 the CRTC has been involved in several notable decisions some of which led to controversy and debate Milestone Radio Milestone Radio In two separate rounds of licence hearings in the 1990s the CRTC rejected applications by Milestone Radio to launch a radio station in Toronto which would have been Canada s first urban music station in both cases the CRTC instead granted licences to stations that duplicated formats already offered by other stations in the Toronto market The decision has been widely cited as one of the single most significant reasons why Canadian hip hop had difficulty establishing its commercial viability throughout the 1990s 17 The CRTC finally granted a licence to Milestone in 2000 after a cabinet order in council directed the commission to license two new radio stations that reflected the cultural diversity of the Toronto market and CFXJ FM launched in 2001 17 CHOI FM CHOI FM The CRTC announced it would not renew the licence of the popular radio station CHOI FM in Quebec City after having previously sanctioned the station for failing to uphold its promise of performance and then during the years following receiving about 50 complaints about offensive behaviour by radio jockeys which similarly contravened CRTC rules on broadcast hate speech Many thousands of the station s fans marched in the streets and on Parliament Hill against the decision and the parent company of CHOI Genex Corp appealed the CRTC decision unsuccessfully to the Federal Court of Canada The station was later sold to RNC Media but instead of renewing its licence the CRTC issued RNC a licence to launch a new radio station on the same frequency citation needed CBC Newsworld CBC Newsworld The CRTC licensed the CBC on November 30 1987 to provide a national all news television network Its competitor applicant Alberta based Allarcom appealed this decision to the House of Commons of Canada It was overturned and there were questions of whether federal politicians should meddle in CRTC decisions Because of this the network launch was delayed from September 1 1988 to July 31 1989 citation needed RAI International RAI International In Summer 2004 this Italian government controlled channel was denied permission to broadcast independently in Canada on the grounds that it had acted and was likely to act contrary to established Canadian policies RAI International s latest politically appointed President an avowed right wing nationalist and former spokesperson for Giorgio Almirante the leader of the post fascist party of Italy had unilaterally terminated a 20 year old agreement and stripped all of its 1 500 to 2 000 annual hours of programming from Telelatino TLN a Canadian run channel which had devoted 95 of its prime time schedule to RAI programs for 20 years since TLN was founded All Italian Canadians were denied RAI programming by RAI International s removal of its programming from the Canadian marketplace a move intended to create a public outcry and a threat that Canadians would resort to using satellite viewing cards obtained via the US in order to watch RAI even though these cards were either grey market or black market according to different analyses see below Following unprecedented foreign led and domestic political interference with the CRTC s quasi judicial independent regulatory process within six months of its original decision an abrupt CRTC review of its policy on third language foreign services determined to drop virtually all restrictions and adopt a new open entry approach to foreign controlled third language non English non French channels citation needed Al Jazeera Al Jazeera Was approved by the CRTC in 2004 as an optional cable and satellite offering but on the condition that any carrier distributing it must edit out any instances of illegal hate speech Cable companies declared that these restrictions would make it too expensive to carry Al Jazeera Although no cable company released data as to what such a monitoring service would cost the end result was that no cable company elected to carry the station either leaving many Arabic speaking Canadians using free to air satellite dishes to watch the station The Canadian Jewish Congress has expressed its opinion over possible anti Semitic incitement on this station and that the restrictions on Al Jazeera are appropriate while the Canadian B nai Brith is opposed to any approval of Al Jazeera in Canada The CRTC ruling applied to Al Jazeera and not to its English speaking sister network Al Jazeera English which was launched two years after the ruling citation needed Fox News Channel Fox News Channel Until 2004 the CRTC s apparent reluctance to grant a digital licence to Fox News Channel under the same policy which made it difficult for RAI to enter the country same genre competition from foreign services had angered many conservative Canadians who believed the network was deliberately being kept out due to its perceived conservative bias particularly given the long standing availability of services such as CNN and BBC World in Canada On November 18 2004 however the CRTC approved an application by cable companies to offer Fox News Channel on the digital cable tier Fox commenced broadcasting in Canada shortly thereafter 18 Satellite radio Satellite radio In June 2005 the CRTC outraged some Canadian cultural nationalists such as the Friends of Canadian Broadcasting and labour unions by licensing two companies Canadian Satellite Radio and Sirius Canada to offer satellite radio services in Canada The two companies are in partnership with American firms XM Satellite Radio and Sirius Satellite Radio respectively and in accordance with the CRTC decision will only need to offer ten percent Canadian content The CRTC contends that this low level of Canadian content particularly when compared to the 35 rule on local radio stations was necessary because unlicensed U S receivers were already flooding into the country so that enforcing a ban on these receivers would be nearly impossible see below This explanation did not satisfy cultural nationalists who demanded that the federal cabinet overturn the decision and mandate a minimum of 35 Canadian content Supporters of the decision argue that satellite radio can only be feasibly set up as a continental system and trying to impose 35 Canadian content across North America is quite unrealistic They also argue that satellite radio will boost Canadian culture by giving vital exposure to independent artists instead of concentrating just on the country s stars and point to the CRTC s successful extraction of promises to program 10 Canadian content on satellite services already operational in the United States as important concessions 19 Despite popular perception that the CRTC banned Sirius Canada from broadcasting Howard Stern s program this is not the case Sirius Canada in fact initially chose not to air Stern based on the possibility of a future issue with the CRTC although the company reversed its decision and began offering Howard Stern in 2006 2008 Ottawa radio licence 2008 Ottawa radio licences On November 21 2008 federal Minister of Canadian Heritage and Official Languages James Moore issued a statement calling on the CRTC to review its approval of two new radio stations Frank Torres CIDG FM and Astral Media s CJOT FM which it had licensed in August 2008 to serve the Ottawa Gatineau radio market Moore asked the commission to assess whether the francophone population of the Ottawa Gatineau area was sufficiently well served by existing French radio services and to consider licensing one or more of the French language applications which included a Christian music station a community radio station and a campus radio station for the Universite du Quebec en Outaouais in addition to or instead of the approved stations 20 The review ultimately identified a viable frequency for a third station and CJFO FM launched in 2010 Bell Canada usage based Internet billing Bell Canada usage based billing On October 28 2010 the CRTC handed down its final decision on how wholesale customers can be billed by large network owners Under the plan which starts within 90 days Bell will be able to charge wholesale service providers a flat monthly fee to connect to its network and for a set monthly usage limit per each ISP customer the ISP has Beyond that set limit individual users will be charged per gigabyte depending on the speed of their connections Customers using the fastest connections of five megabits per second for example will have a monthly allotment of 60 GB beyond which Bell will charge 1 12 per GB to a maximum of 22 50 If a customer uses more than 300 GB a month Bell will also be able to implement an additional charge of 75 cents per gigabyte In May 2010 the CRTC ruled that Bell could not implement its usage based billing system until all of its own retail customers had been moved off older unlimited downloading plans The requirement would have meant that Bell would have to move its oldest and most loyal customers The CRTC also added that Bell would be required to offer to wholesale ISPs the same usage insurance plan it sells to retail customers Bell appealed both requirements citing that the rules do not apply to cable companies and that they constituted proactive rate regulation by the CRTC which goes against government official policy direction that the regulator only intervene in markets after a competitive problem has been proven In Thursday s decision the CRTC rescinded both requirements thereby giving Bell the go ahead to implement usage based billing This ruling according to Teksavvy handcuffs the competitive market 21 This has been asked by Stephen Harper and Parliament to have the decision reviewed According to a tweet by Industry Minister Tony Clement unless the CRTC reverses this decision the government will use its override power to reverse the decision 22 Reception of non Canadian servicesWhile an exact number has not been determined thousands of Canadians have purchased and used what they contend to be grey market radio and television services licensed in the United States but not in Canada Users of these unlicensed services contend that they are not directly breaking any laws by simply using the equipment The equipment is usually purchased from an American supplier although some merchants have attempted to set up shop in Canada and the services are billed to an American postal address The advent of online billing and the easy availability of credit card services has made it relatively easy for almost anyone to maintain an account in good standing regardless of where they actually live Sec 9 1 c of the Radiocommunication Act creates a prohibition against all decoding of encrypted programming signals followed by an exception where authorization is received from the person holding the lawful right in Canada to transmit and authorize decoding of the signal This means receiving the encrypted programming of DishNetwork or DirecTV even with a grey market subscription may be construed as unlawful this remains an unresolved Constitutional issue Notwithstanding possession of DishNetwork or DirecTV equipment is not unlawful as provided by The Radiocommuncation Act Section 4 1 b which states No person shall except under and in accordance with a radio authorization install operate or possess radio apparatus other than b a radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking radio apparatus means a device or combination of devices intended for or capable of being used for radiocommunication Satellite radio poses a more complicated problem for the CRTC While an unlicensed satellite dish can often be identified easily satellite radio receivers are much more compact and can rarely be easily identified at least not without flagrantly violating provisions against unreasonable search and seizure in the Canadian Charter of Rights and Freedoms Some observers argued that this influenced the CRTC s June 2005 decision to ease Canadian content restrictions on satellite radio see above StructureThe CRTC is run by up to 13 full time members including the chairman the vice chairman of broadcasting and the vice chairman of telecommunications appointed by the Cabinet for renewable terms of up to five years However unlike the more directly political appointees of the American Federal Communications Commission the CRTC is an arms length regulatory body with more autonomous authority over telecommunications For example the CRTC s decisions rely more on a judiciary process relying on evidence submitted during public consultations rather than along party lines as the American FCC is prone to do 23 The CRTC Interconnection Steering Committee CISC assists in developing information procedures and guidelines for the CRTC s regulatory activities Chairs of the CRTC1968 1975 Pierre Juneau 1975 1977 Harry J Boyle 1977 1979 Pierre Camu 1980 1983 John Meisel 1983 1989 Andre Bureau 1990 1996 Keith Spicer 1996 2001 Francoise Bertrand 2001 2002 David Colville interim 2002 2006 Charles Dalfen 2007 2012 Konrad von Finckenstein 2012 Leonard Katz interim 2012 2017 Jean Pierre Blais 2017 2023 Ian Scott 2023 present Vicky EatridesRelated legislationAccurate News and Information Act Bell Canada Act Broadcasting Act 1991 Canadian Radio television and Telecommunications Commission Act Public Broadcasting Act of 1967 USA Telecommunications Act Online Streaming ActSee alsoPortals Canada Radio Television Telecommunication Music Canadian Independent Telephone Association Category A services Category B services CPAC TV channel Fee for carriage Freedom of speech by country Friends of Canadian Broadcasting Industry Canada International Telecommunication Union Inter American Telecommunication Commission CITEL List of telecommunications regulatory bodies Music of Canada Ontario Telecommunications Association Ontario Telephone Service Commission Regie des telecommunications du QuebecNotes Dobby Christine 21 January 2023 What has the CRTC done for me New chair of telecom regulator takes aim at Canada s high internet prices Toronto Star Retrieved 21 January 2023 Broadcasting and Digital Communications pch gc ca 13 December 2013 Contact Us Canadian Radio television and Telecommunications Commission Retrieved on February 4 2011 At the Central Office Les Terrasses de la Chaudiere Central Building 1 Promenade du Portage Gatineau Quebec J8X 4B1 Address in French A l administration centrale Les Terrasses de la Chaudiere Edifice central 1 promenade du Portage Gatineau Quebec J8X 4B1 Direction to the CRTC Ineligibility of Non Canadians Archived 2012 07 09 at archive today CanLII Broadcasting Act at 3 1 f Laws justice gc ca Archived from the original on 2011 06 05 Retrieved 2011 02 26 CRTC asks for review of controversial Money for Nothing decision The Globe and Mail January 21 2011 Department of Justice Laws of Canada at 3 1 t i Signal substitution same program different commercials CRTC Crtc gc ca 2010 01 18 Archived from the original on 2009 02 25 Retrieved 2011 02 26 CRTC Government of Canada Canadian Radio television and Telecommunications Commission 22 July 2010 Campus and community radio policy CRTC s 2010 revised policy for campus and community radio stations www crtc gc ca Retrieved 2018 10 12 Public Notice CRTC 1999 197 Crtc gc ca 17 December 1999 Retrieved 2011 02 26 Broadcasting and Telecom Notice of Consultation CRTC 2011 344 Crtc gc ca 2011 05 25 Retrieved 2011 10 24 Results of the fact finding exercise on the over the top programming services October 2011 Crtc gc ca 2011 10 05 Retrieved 2011 10 24 Internet CRTC 2009 09 11 Retrieved 2011 02 26 A short history CCTS Retrieved 2019 07 05 CRTC sets criteria for the deregulation of local telephone service CRTC gc ca 2004 04 06 Archived from the original on 2012 07 31 Retrieved 2011 10 29 Cellular wireless telephone services Crtc gc ca 2009 09 18 Retrieved 2011 02 26 a b Nazareth Errol D Amico Francesca March 4 2015 Urban Music The Canadian Encyclopedia online ed Historica Canada Retrieved September 21 2015 Fox News coming to Canada The Leader Post Regina Saskatchewan November 19 2004 Satellite radio Yahoo News June 27 2005 Archived March 5 2005 at the Wayback Machine The Government of Canada Refers Decisions on Radio in the Ottawa Gatineau Region Back to CRTC Press release Government of Canada November 21 2008 Retrieved September 21 2015 Marlow Iain October 29 2010 CRTC ruling handcuffs competitive market Teksavvy Globe and Mail Retrieved September 21 2015 CRTC Decision to be overruled Tony Clement via Twitter Tek Tok Canada 2011 02 02 Retrieved 2011 02 26 Braga Matthew 14 December 2017 Why Canada s net neutrality fight hasn t been as fierce as the one in the U S CBC CBC News Retrieved 15 December 2017 ReferencesArmstrong Robert 2010 Broadcasting Policy in Canada University of Toronto Press ISBN 9781442640962 Edwardson Ryan 2008 Canadian content culture and the quest for nationhood University of Toronto Press ISBN 978 0 8020 9759 0External links Wikimedia Commons has media related to Canadian Radio television and Telecommunications Commission Official website CBC Digital Archives Ruling the Airwaves The CRTC and Canadian Content Retrieved from https en wikipedia org w index php title Canadian Radio television and Telecommunications Commission amp oldid 1140694704, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.