9(1)(h) order

Last updated

A 9.1(1)(h) order (previously known as a 9(1)(h) order) is an order issued by the Canadian Radio-television and Telecommunications Commission (CRTC) pursuant to section 9.1(1)(h) of Canada's Broadcasting Act . It requires that a particular Canadian television channel be distributed by all (or a particular subset of) cable, satellite, IPTV, or similar subscription-based television service providers in Canada. In most (but not all) cases, the order requires that the channel be included in the analogue and/or digital basic service, making it available to all subscribers of that TV service provider. A channel subject to such an order, particularly those subject to mandatory carriage on the basic service, was sometimes known as an 9(1)(h) service. [1]

Contents

A 9.1(1)(h) order may be applied to specialty channels, licensed television networks, or other types of CRTC-licensed television services. Designation as a 9.1(1)(h) service is independent of the Category A, B, and C designations applied to specialty channels, though in most cases, specialty channels subject to 9.1(1)(h) orders were also Category A services.

Background

Section 9.1(1)(h) of Canada's Broadcasting Act states:

9.1 (1) The Commission may, in furtherance of its objects, [...]

(h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking; [2]

The CRTC uses the powers granted by this section to issue mandatory distribution orders, which compels all Canadian television service providers to make specified television channels available to their subscribers, sometimes subject to various conditions (such as region or packaging). Most of these orders relate to channels that must be carried on analogue and/or digital basic services; in these cases, the orders also mandate per-subscriber wholesale rates to be paid to the operators of each of these channels.

In its 2013 review of applications for mandatory carriage under 9(1)(h), the CRTC stated that it only approves mandatory carriage for channels which "make exceptional contributions to meeting the objectives of the [Broadcasting] Act. These objectives notably include reflecting the ethno-cultural and linguistic diversity of Canada, including the special place of Aboriginal peoples in Canadian society and the needs of official language minority communities; allowing Canadians living with disabilities to participate more fully in the Canadian broadcasting system; and supporting Canada’s democratic life and institutions and its regions, including the North." [3]

The Canadian Broadcasting Corporation's broadcast television networks, CBC Television and Ici Radio-Canada Télé, are also required to be carried in the basic package of all television providers nationwide. Local service providers are also required to offer any local television stations with over-the-air coverage in their service area, as well as the designated provincial education channel(s) and/or legislature channel, if applicable. However, these requirements are codified in the CRTC's Broadcast Distribution Regulations, and are not subject to an explicit mandatory-carriage order. [4] Specialty channels owned by the CBC are not subject to mandatory carriage under the Broadcast Distribution Regulations, but may be subject to 9(1)(h) orders, and to the mandatory distribution rules for all specialty channels.

Current services

Mandatory carriage (must-carry)

ChannelScope of mandatory carriageMonthly wholesale fee for mandatory carriage [nb 1]
Aboriginal Peoples Television Network [3] [5] Nationwide, on digital basic$0.35 [6]
AMI-tv [3] [5] Nationwide, on digital basic$0.20 (anglophone markets)
$0.00 (francophone markets) [7]
AMI-télé [3] [5] Nationwide, on digital basic$0.00 (anglophone markets)
$0.28 (francophone markets) [8]
AMI-audio [3] [5] Anglophone markets, on digital basic$0.04 [9]
CBC News Network [3] Francophone markets, on digital basic [nb 2] $0.15
CPAC [3] [5]
(English- and French-language versions)
Nationwide, on digital basic$0.13 [10]
Canal M [3] [5] Francophone markets, on digital basic$0.04 [11]
Ici RDI [3] Anglophone markets, on digital basic [nb 2] $0.10
Legislative Assemblies of Nunavut and the Northwest Territories [3] In Nunavut and the Northwest Territories, on the digital basic services of direct-to-home satellite providers$0.00
MétéoMédia [12] [5] Cable: Francophone markets, on digital basic
Satellite: Nationally, in French-language or bilingual basic packages
$0.22 [13]
Natyf TV [14] Quebec, on digital basic$0.12
Omni Regional [15] [5] Nationwide, on digital basic [nb 3] $0.12
The Weather Network [12] [5] Cable: Anglophone markets, on digital basic
Satellite: Nationally, in English-language or bilingual basic packages
$0.23
TVA [17] [5] Anglophone markets, on the basic service$0.00
TV5 Québec Canada [3] [5]
(including secondary feed Unis)
Nationwide, on digital basic$0.24 (anglophone markets)
$0.28 (francophone markets) [18]
  1. If the channel is also offered outside of the scope of the applicable 9(1)(h) order, this fee does not apply, and any fee charged is not regulated by the CRTC.
  2. 1 2 These orders are intended to ensure that official-language minority communities have access to news in their language. In the corresponding majority-language markets, these channels are not required to be carried on digital basic, but are subject to mandatory distribution (see below).
  3. Omni Regional is a national specialty channel with four regional feeds, which respectively mirror three of the existing Omni Television terrestrial services as well as Quebec affiliate ICI. In markets where a local Omni station or affiliate broadcasts identical programming to the applicable Omni Regional feed, the CRTC has allowed providers (upon request) an exception to the local station carriage rules, such that the provider is only required to carry the Omni Regional feed. [16]

Mandatory distribution (must-offer)

ChannelScope of order
CBC News Network
CTV News Channel
Ici RDI
Le Canal Nouvelles
The News Forum
"Must-offer" access rights; inclusion in "the best available discretionary package consistent with their genre and programming" [19] [20]
(all of these channels are discretionary news channels)
Ici ARTV "Must-offer" access rights on the digital service of cable/IPTV service providers in anglophone markets [3]

Note that Category A services are also considered "must-offer" services under the Broadcast Distribution Regulations for services in the majority language of the market where the provider operates, and in all cases for satellite providers, and thus do not require a separate 9(1)(h) order. [21] (The 9(1)(h) order for Ici ARTV, a French-language Category A service, only relates to its carriage in anglophone markets, which is not mandatory under those regulations.)

Former services

Related Research Articles

<span class="mw-page-title-main">Canadian Radio-television and Telecommunications Commission</span> Canadian broadcasting and telecommunications regulator

The Canadian Radio-television and Telecommunications Commission 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 of Les Terrasses de la Chaudière in Gatineau, Quebec.

<span class="mw-page-title-main">CPAC (TV channel)</span> Canadian parliamentary broadcaster

The Cable Public Affairs Channel, better known by its acronym CPAC, is a Canadian specialty channel owned by a consortium consisting of Rogers Communications, Vidéotron, Cogeco, Eastlink, and Access Communications. The channel is devoted to coverage of public and government affairs, including carrying a full, uninterrupted feed of proceedings of the House of Commons of Canada, with three audio channels, one untreated feed and, with the assistance of interpreters, one in each of the official languages.

<span class="mw-page-title-main">CKXT-DT</span> Former TV station in Toronto

CKXT-DT was a broadcast television station based in Toronto, Ontario, Canada that broadcast to much of southern and eastern Ontario. It was owned by Quebecor Media through its Groupe TVA unit. Although beginning as a general interest independent station carrying a typical schedule of entertainment and information programming, by the time of the station's closure on November 1, 2011, the station had been converted into an over-the-air simulcast of Quebecor's cable news channel, Sun News Network. The station transmitted on channel 52 in Toronto.

<span class="mw-page-title-main">Specialty channel</span> Television channel which consists of television programming focused on a single genre

A specialty channel can be a commercial broadcasting or non-commercial television channel which consists of television programming focused on a single genre, subject or targeted television market at a specific demographic.

Category A services were a class of Canadian specialty television channel which, as defined by the Canadian Radio-television and Telecommunications Commission, must be offered by all digital cable and direct broadcast satellite providers that have the capability to do so.

In cable television, governments apply a must-carry regulation stating that locally licensed television stations must be carried on a cable provider's system.

<span class="mw-page-title-main">Omni Television</span> Canadian television system and specialty channel

Omni Television is a Canadian television system and specialty channel owned by Rogers Sports & Media, a subsidiary of Rogers Communications. It currently consists of all six of Canada's conventional multicultural television stations, which are located in Ontario, British Columbia, Alberta, and an affiliate in Quebec. The system's flagship station is CFMT in Toronto, which was the first independent multicultural television station in Canada.

<span class="mw-page-title-main">Oprah Winfrey Network (Canadian TV channel)</span> Canadian TV channel

Oprah Winfrey Network, more commonly shortened to OWN, is a Canadian English language discretionary service channel owned by Corus Entertainment. The channel was launched in September 1, 1999 as Canadian Learning Television (CLT) by Learning and Skills Television of Alberta, Ltd., then held by CHUM Limited.

<span class="mw-page-title-main">Ici ARTV</span> Canadian French arts channel

Ici ARTV is a Canadian French language specialty channel owned by the Canadian Broadcasting Corporation. The channel broadcasts the arts and culture including music, dance, theatre, visual arts, films and scripted television series.

Avis de Recherche (AdR) is a Canadian French language Category B specialty channel devoted to crime prevention. Despite AdR's Category B licence, it was formerly a must-carry channel in the province of Quebec on digital basic cable.

Canada is served by various multichannel television services, including cable television systems, two direct-broadcast satellite providers, and various other wireline IPTV and wireless MMDS video providers.

TSN2 is a Canadian English-language discretionary sports specialty channel that acts as the secondary feed of sports-centred channel The Sports Network (TSN) and owned by CTV Specialty Television Inc. It was launched in its current form on August 29, 2008.

Digital terrestrial television in Canada is transmitted using the ATSC standard. Because Canada and the U.S. use the same standard and frequencies for channels, people near the Canada–United States border can watch digital television programming from television stations in either country where available. The ATSC standards are also used in Mexico, the Dominican Republic, Suriname, and South Korea.

In 2007, significant ownership changes occurred in Canada's broadcast television industry, involving nearly every network and television system. In addition to the shuffling of network affiliations and mergers involving various networks, several new television stations and rebroadcast transmitters also signed on the air.

<span class="mw-page-title-main">Aboriginal Peoples Television Network</span> Canadian television network

The Aboriginal Peoples Television Network is a Canadian specialty channel. Established in 1992 and maintained by governmental funding to broadcast in Canada's northern territories, APTN acquired a national broadcast licence in 1999. It airs and produces programs made by, for and about Indigenous peoples in Canada and the United States. Based in Winnipeg, Manitoba, it is the first network by and for North American indigenous peoples.

Fee-for-carriage, value-for-signal, negotiation for value, or the "TV tax" all refer to a proposed Canadian television regulatory policy which would require cable and satellite television companies to compensate conventional, over-the-air television stations for the right to carry their local signals. Such a system has long existed in the United States, under the name of retransmission consent.

<span class="mw-page-title-main">The Cult Movie Network</span> Television channel

The Cult Movie Network is a Canadian-based English language online video-on-demand service consisting of programming devoted to cult films from a variety of genres, primarily horror, but also including fantasy, comedy, and action, among others. The channel is owned by the Cult Movie Channel Inc., a company owned by Dieter Kohler.

A Category C service is the former term for a Canadian discretionary specialty channel which, as defined by the Canadian Radio-television and Telecommunications Commission, operates under the conditions of license for "competitive Canadian specialty services operating in the genres of mainstream sports and national news".

<span class="mw-page-title-main">Canal M</span> Canadian television service

Canal M is a Canadian 24-hour French language non-profit audio broadcast television service. Canal M is an audio-only service that broadcasts readings of news articles from newspapers and magazines. It is owned by Vues & Voix. Canal M is a volunteer-based service, where individuals perform voice recordings at recording centres in Quebec.

<span class="mw-page-title-main">WWE Network (Canadian TV channel)</span> Canadian television channel

WWE Network is a Canadian English language specialty channel programmed by WWE and distributed by Rogers Sports & Media. Its programming consists entirely of the linear feed offered as part of the WWE Network video streaming service.

References

  1. Canadian Radio-television and Telecommunications Commission (2013-08-21). "Broadcasting Notice of Consultation CRTC 2014-190-3" . Retrieved 2014-09-01.
  2. Branch, Legislative Services (2023-06-22). "Consolidated federal laws of Canada, Broadcasting Act". laws-lois.justice.gc.ca. Retrieved 2023-09-02.
  3. 1 2 3 4 5 6 7 8 9 10 11 12 Canadian Radio-television and Telecommunications Commission (2013-08-08). "Broadcasting Regulatory Policy CRTC 2013-372: Applications for mandatory distribution on cable and satellite under section 9(1)(h) of the Broadcasting Act" . Retrieved 2014-09-01.
  4. "Broadcast Distribution Regulations (s. 17)". Justice Laws Website. Department of Justice (Canada). 2014-02-28. Retrieved 2014-07-12.
  5. 1 2 3 4 5 6 7 8 9 10 11 "Appendix 4 to Broadcasting Decision CRTC 2023-245". Canadian Radio-television and Telecommunications Commission (CRTC). 2023-08-08. Retrieved 2023-09-02.
  6. "Broadcasting Decision CRTC 2018-340". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  7. "Broadcasting Order CRTC 2018-321". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  8. "Broadcasting Order CRTC 2018-322". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  9. "Broadcasting Order CRTC 2018-320". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  10. "Broadcasting Decision CRTC 2018-329". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  11. "Broadcasting Decision CRTC 2018-307". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  12. 1 2 Canadian Radio-television and Telecommunications Commission (2012-01-24). "Broadcasting Order CRTC 2009-340-1" . Retrieved 2014-09-01.
  13. "Broadcasting Decision CRTC 2018-342". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  14. "Broadcasting Order CRTC 2023-304". Canadian Radio-television and Telecommunications Commission. 2023-08-31. Retrieved 2023-09-02.
  15. Canadian Radio-television and Telecommunications Commission (2017-05-15). "Broadcasting Decision CRTC 2017-152 and Broadcasting Order CRTC 2017-153" . Retrieved 2018-05-23.
  16. "Various broadcasting distribution undertakings – Licence amendments". CRTC. Retrieved 2017-09-19.
  17. Canadian Radio-television and Telecommunications Commission (2012-04-26). "Broadcasting Decision CRTC 2012-242" . Retrieved 2014-09-01.
  18. "Broadcasting Decision CRTC 2018-344". Canadian Radio-television and Telecommunications Commission. Retrieved 11 March 2022.
  19. Canadian Radio-television and Telecommunications Commission (2012-12-19). "Broadcasting Order CRTC 2013-735" . Retrieved 2014-09-01.
  20. "The News Forum - Distribution pursuant to paragraph 9(1)(h) of the Broadcasting Act". CRTC. 2022-11-01. Retrieved 2022-11-30.
  21. "Broadcast Distribution Regulations (s. 17(2))". Justice Laws Website. Department of Justice (Canada). 2014-02-28. Retrieved 2014-09-01.
  22. "Sun News Network to go off air Friday morning". Toronto Star. February 13, 2015. Retrieved February 13, 2015.