51 Elizabeth II, A.D. 2002, Canada

Journals of the Senate

2nd Session, 37th Parliament

Issue 24 - Appendix "A"

Tuesday, December 3, 2002
2:00 p.m.

The Honourable Daniel Hays, Speaker

TUESDAY, December 3, 2002

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

FOURTH REPORT

Your Committee wishes to inform the Senate that on November 19, 2002, the Canadian Radio-television and Telecommunications Commission released its Decision concerning CPAC's licence renewal application. (Decision CRTC 2002-377)

The Decision is the result of a public hearing held before the Commission earlier this year in which the Senate intervened to express concerns about CPAC's television coverage of Senate committee programming and related matters.

The Commission concluded that:

1. It considers it important that CPAC's programming reflect "the bicameral nature of Canada's Parliament by providing coverage of both the upper and the lower houses.''

2. The Commission announced that it was amending the "House of Commons and Provincial or Territorial Legislature Proceedings Exemption Order'' pursuant to which CPAC has until now been broadcasting Parliamentary proceedings. Previously, that Order did not include any reference to the Senate. As noted by the Commission in the Public Notice announcing the amendment:

"In the context of its consideration of CPAC's renewal applications, the Commission determined that the programming service provided pursuant to the House of Commons and Provincial or Territorial Exemption Order should reflect the bicameral nature of Canada's Parliament by providing coverage of both the House of Commons and the Senate. Accordingly, the Commission amends this Exemption Order to describe the programming service provided by an exempt undertaking as including coverage of the Senate and its various committees, as provided by the Speaker or appropriate committee responsible for broadcasting matters.''

3. The Commission's amendment also changes the title of the Order to "Parliamentary and Provincial or Territorial Legislature Proceedings Exemption Order''. Pursuant to the Amended Order, CPAC and any other broadcasting undertaking purporting to broadcast parliamentary proceedings are required to meet, among others, the following criteria:

(h) Except as permitted under sections (i) and (j) below the programming service provided by the undertaking covers the proceedings of the House of Commons, the Senate or the legislature involved from beginning to end and does not offer selected excerpts of the proceedings, i.e. the coverage is "gavel to gavel''.

(i) The programming service provided by the undertaking may include coverage of Parliamentary committee meetings on a selective basis, where the appropriate Speaker or committee responsible for broadcasting matters is satisfied that such coverage is equitable.

(j) The programming service provided by the undertaking may include a repeat broadcast of the relevant question period.

(k) Control over the programming provided by the undertaking is retained by the appropriate Speaker or committee responsible for broadcasting matters.

4. As well, the Commission stated in its Decision that it expects CPAC to:

(a) schedule Senate Committee proceedings equitably in relation to its televised proceedings of the House of Commons; and

(b) work with the Senate to find a mutually satisfactory solution to the scheduling of such programming.

5. The Commission noted CPAC's commitment to discuss with the Senate specific proposals the Senate may wish to put forward regarding the presentation of programs that would profile the work of the Senate. The Commission also encouraged CPAC to give implementation of the above commitments "its highest priority''.

6. The Commission modified the programming principles to which CPAC has traditionally been required to abide, by making an express reference to the Senate. On the assumption that CPAC will proceed to negotiate an agreement with the Senate, as referred to above, CPAC's programming principles now include the following: "CPAC must respect its agreements with the House of Commons and the Senate''.

7. Finally, the Commission agreed with the Senate and other participants who objected to CPAC's request for "dual distribution status'', which could have potentially limited the scope of CPAC's distribution to cable operators and other distribution undertakings. As a result of the Commission's decision, all of CPAC's programming, including its Parliamentary proceedings, must be distributed by virtually all distribution undertakings in the country on the basic tier in order to ensure access by Canadians.

Your Committee has authorized its Subcommittee on Agenda and Procedure (Steering Committee) to continue negotiations with CPAC for a renewed Broadcasting Agreement. We believe that the CRTC decision is important for the Senate. The Chamber's concerns have been recognized as legitimate and the Commission has created a solid foundation upon which to better assess CPAC's broadcasts of Senate programming in the future.

Respectfully submitted,

LISE BACON

Chair