OTTAWA – In tersely worded letters, the CRTC has made it loud and clear it’s losing patience with Telus and three local TV providers for failing to comply with new rules that limit the loudness of TV commercials they broadcast. The companies have all failed to meet new distribution regulations that ensure commercial messages and regular programming are broadcast at an even volume. The amendments came into force September 1, 2012 and the Commission has now set new deadlines for the companies to prove they are in fact moving towards compliance.
The letters, from Andrea Rosen, Chief Compliance and Enforcement Officer, went out February 5 to: Access Communications Co-operative, Wightman Telecom, Westman Communications and Telus Communications.
In the letter, Rosen states TV service providers are now required to implement ATSC Recommended Practice A/85 to effectively control the volume of ads. The regulator received 304 complaints about noisy commercials from Canadians last year, more than double the number it received in 2009.
“Your failure to implement the requisite measures to prevent any non-compliance will be one of the factors taken into consideration when determining the appropriate response to any such violations of your regulatory obligations.”
In the letter to Telus, Rosen notes that the carrier has indicated that it plans to deploy new equipment in two phases beginning in November 2012. The first phase will ensure compliance with respect to high definition services and will be completed by March 2013. The second phase will ensure compliance with respect to standard definition services, following the completion of the first phase.
“However, a solution to effectively ensure that all commercials and regular programming are broadcast at an even volume should have already been implemented upon or before the entry into force of the Regulations, i.e., September 1st, 2012.”
As a result Telus has been directed to provide a detailed plan that describes the steps taken to obtain the proper equipment to implement ATSC technical requirements; and includes a timetable for the installation, maintenance, operation, and periodic testing of this equipment by March 7, 2013. A similar directive was also given to Westman Communications in Brandon and Wightman Telecom in Clifford, Ontario, who have until June 7, 2013 to comply. Access Communications in Regina needs to get their plan to the Commission by April 8, 2013.
Rosen added that the companies are required to implement a staff training program within this timeframe.
In the letter to Telus, Rosen added the “timetable should significantly reduce the unreasonable delay announced in Telus’ compliance report and/or provide additional warranty of compliance during this sensitive period of time.”
The service providers are also required to inform the Commission regarding the encoding format(s) being used for the distribution of audio content to their subscribers. It must include confirmation that the measures they have undertaken ensure compliance with all audio content associated with standard definition and high definition programming services that they distribute, including described video. This information is due by February 20, 2013.
