Vol. 150, No. 3 — February 10, 2016

Registration

SI/2016-2 February 10, 2016

BROADCASTING ACT

Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2015-483

P.C. 2016-26 January 26, 2016

Whereas the Canadian Radio-television and Telecommunications Commission (“the Commission”), in its Broadcasting Decision CRTC 2015-483 of October 28, 2015, approved the application by Corus Entertainment Inc., on behalf of OWN Inc., to amend the broadcasting licence for the national English-language specialty Category A service OWN: The Oprah Winfrey Network, specifically concerning conditions of licence that relate to OWN: The Oprah Winfrey Network’s nature of service and adherence to a terms of trade agreement;

Whereas, subsequent to the making of that decision, the Governor in Council received a petition in writing requesting that that decision be set aside or referred back to the Commission for reconsideration and hearing;

And whereas the Governor in Council, having considered the petition, is not satisfied that that decision derogates from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act (see footnote a);

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 28 of the Broadcasting Act (see footnote b), declines to set aside or refer back to the Commission for reconsideration and hearing its Broadcasting Decision CRTC 2015-483 of October 28, 2015 approving the amendments to the broadcasting licence of Corus Entertainment Inc. for the national English-language specialty Category A service OWN: The Oprah Winfrey Network.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

To respond to a petition, pursuant to section 28 of the Broadcasting Act (the Act), requesting the Governor in Council to set aside, or refer back to the Canadian Radio-television and Telecommunications Commission (CRTC) for reconsideration and hearing, Broadcasting Decision CRTC 2015-483 of October 28, 2015. This decision concerns amendments to the broadcasting licence of Corus Entertainment Inc. for its national, English-language specialty Category A service OWN: The Oprah Winfrey Network (OWN), specifically concerning conditions of licence that relate to OWN’s nature of service and adherence to a terms of trade agreement.

Objectives

Background

Prior to the Broadcasting Decision CRTC 2015-483 of October 28, 2015, the CRTC required the licensee of OWN, by condition of licence, to adhere to a terms of trade agreement with the Canadian Media Production Association (CMPA). In the October 28 decision, the CRTC approved an application by Corus, on behalf of OWN, to remove this condition of licence effective April 29, 2016.

In this decision, the CRTC referred to the Broadcasting Regulatory Policy CRTC 2015-86 of March 2015, where it had determined it was no longer necessary that it intervene in the relationship between broadcasters and producers by requiring adherence to terms of trade agreements. The CRTC also indicated that programming services, for example OWN, could apply to remove requirements to adhere to a terms of trade agreement effective April 29, 2016. Furthermore, the CRTC clarified that April 29, 2016, was the date upon which the terms of trade condition of licence would cease to apply should the CRTC approve a licensee’s request for an amendment to the condition. Finally, the CRTC added that the amendment to the condition of licence would not have a direct effect on the agreement itself which would remain in force in accordance with its terms.

On December 12, 2015, a petition was received asking the Governor in Council to set aside Decision 2015-483 of October 28, 2015, or to refer it back to the CRTC for reconsideration and hearing.

The petitioner is of the opinion that the removal, effective April 29, 2016, of the condition of licence requiring OWN to adhere to a terms of trade agreement with the CMPA will jeopardize the future of the Canadian independent production sector.

The Act stipulates that to set aside a CRTC decision to issue, amend or renew a licence, or to refer it back to the CRTC for reconsideration and hearing, the Governor in Council must be satisfied that the CRTC decision derogates from the attainment of the policy objectives set out in subsection 3(1) of the Act.

In this case, after giving careful consideration to the petition, the Governor in Council is not satisfied that the CRTC decision to amend the licence derogates from those objectives.

Therefore, under section 28 of the Broadcasting Act, the Governor in Council has declined to set aside, or refer back to the CRTC for reconsideration and hearing the decision, Broadcasting Decision CRTC 2015-483 of October 28, 2015, approving the amendments to the broadcasting licence of Corus Entertainment Inc. for the national, English-language specialty Category A service OWN: The Oprah Winfrey Network.

Implications

As a result, the CRTC decision stands.

Departmental contact

Scott Shortliffe
Deputy Director General
Broadcasting and Digital Communications Branch
Department of Canadian Heritage
Telephone: 819-997-9058