CRTC Calls for Comments on APTN’s Request for Change to Condition of Licence

Application by Aboriginal Peoples Television Network Incorporated relating to the national, English- and French-language specialty Category A service APTN. The applicant requests that APTN no longer be subject to the standard condition of licence requiring that at least 95% of the programming offered by the standard definition (SD) and high definition (HD) versions of APTN be the same and instead proposes that APTN abide by the following condition of licence:

The licensee is authorized to make available for distribution a high definition version of its service, together with the standard definition regional feeds of its service, provided that not less than 95% of the programs on the high definition version of its service are also broadcast on a standard definition regional feed of the service. Further, all of the programs making up the 5% allowance shall be provided in high definition.

The Commission noted that it would permit the licensee of a Canadian discretionary service to make available for distribution an HD version of its service provided that not less than 95% of the video and audio components of the upgraded HD and SD versions of the service are the same.

APTN currently broadcasts three separate SD regional feeds of its programming, which offer some similar programming on a time-shifted basis throughout the day. According to APTN Inc., they are designed to meet the particular interests of Aboriginal peoples and Canadians located in the Eastern, Western and Northern regions of Canada. These feeds include different Aboriginal-language programming targeting Aboriginal-language groups living in the various regions. APTN also broadcasts one national HD feed.

According to APTN Inc., the proposed licence amendment would afford APTN the flexibility to schedule the programming that airs on its HD feed at different times from when that same programming airs on its SD feeds. APTN Inc. proposes to schedule the HD feed principally with APTN’s signature dramatic and other complementary original programming, together with programming that highlights wellness and environmental themes from an Aboriginal perspective. It indicates that the requested scheduling and programming flexibility for the HD feed would have no impact on the service’s other conditions of licence or overall performance. The applicant further states that its service would continue to meet all Canadian exhibition requirements on all feeds, both SD and HD.

APTN Inc. submits that, with greater flexibility and more focused thematic programming and promotion, the HD version of APTN would have greater potential to reach a larger audience. As a result, the service would provide more value and better meet its mission of building bridges and greater understanding between Aboriginal peoples and the broader Canadian population. The applicant adds that with a more consistent approach to APTN’s programming, the service could potentially increase the size of its audience, resulting in a projected increase in advertising revenue (all national) of approximately $1 million annually. APTN Inc. also states that the programming would consist of a selection of programs that are best suited for the HD format and a general audience of Aboriginal peoples and others. In APTN Inc.’s view, its dramatic programming, documentaries and programming featuring wellness and environmental themes from an Aboriginal perspective respects and fulfills the service’s mandate and regulatory obligations.

As indicated by the Commission  national news programming plays a vital role in achieving the Broadcasting Act’s policy objectives by helping Canadians participate fully in the democratic, economic, social and cultural life of their country, their regions, their provinces and their neighbourhoods. For these objectives to be achieved, such programming must come from a variety of independent sources.

Regarding the scheduling of its national news programming and various other programming requirements, APTN Inc. states that it would accept a requirement to include a daily newscast and current affairs programming within the HD service if the Commission considered it to be appropriate. However, APTN Inc. is also seeking greater scheduling flexibility and language consistency on its HD feed, with a greater focus on English- and French-language programming on this feed.

The  Commission granted APTN mandatory distribution on the digital basic service across Canada. This determination was made, in part, on the basis that APTN contributed in an exceptional manner to the fulfillment of certain objectives of the Act, as its programming reflects attitudes, opinions, ideas, values and artistic creativity that would not otherwise be seen on television. In APTN Inc.’s view, the proposed licence amendment would not affect its contribution to these objectives.

The present application was initially published as part of a public process under Part 1 of the CRTC Rules of Practice and Procedure. Prior to the publication of this notice, additional information was requested from APTN Inc. regarding its proposed licence amendment. APTN Inc.’s responses to those requests for information will form part of the record of the present proceeding. Further, the Commission will consider the documents filed on the public record for that Part 1 application as well as any interventions received in the context of the present notice of consultation.