OTTAWA-GATINEAU — The CRTC has issued a call for comments on its proposed Simultaneous Programming Service Deletion and Substitution Regulations in its latest Broadcasting Notice of Consultation (CRTC 2015-330).
Simultaneous substitution (or simsub) occurs when a distributor temporarily replaces the signal of one TV channel with that of another channel showing the same program at the same time. According to the CRTC, during the Let’s Talk TV proceeding Canadians expressed ongoing frustration with the frequency in errors made during the simsub process.
The CRTC’s request for public comments regarding its proposed simsub regulations comes as the Commission awaits a report from a working group that was formed after the Let’s Talk TV proceeding and was tasked with evaluating measures that could be implemented to minimize viewer disruptions during the execution of simultaneous substitutions. The simsub working group report is expected to be submitted to the CRTC by August, and will be published subsequently on the Commission’s website. The deadline for submitting comments on the proposed simsub regulations is September 11.
In Broadcasting Regulatory Policy CRTC 2015-25, the CRTC announced its intention to amend the simultaneous substitution regime to deal with recurring, substantial simsub errors as follows:
- if the errors are made by a local television broadcaster, it will lose the privilege to request simultaneous substitution for a period of time or with respect to a type or types of programming; and,
- if the errors are made by a BDU, it will have to provide a compensatory rebate to its customers through a specific monetary amount.
The CRTC has outlined its procedure for dealing with simultaneous substitution errors in a companion Broadcasting Information Bulletin (CRTC 2015-329) issued on July 23. According to the Bulletin, examples of substantial simsub errors may, depending on the circumstances, include:
- where a subscriber misses any specific important part of a sporting event, including any scoring plays or moments that could be described as a critical part, or any time in the last period/quarter or overtime in any sporting event; or,
- where a subscriber misses any important part of a program.
The Commission said a final mechanism that includes a compensatory rebate mechanism for errors associated with BDUs and an approach to errors that are the responsibility of BDUs will only come into effect after a determination is reached following a public process to amend the Broadcasting Distribution Regulations.
However, the Commission said it intends to respond in a timely manner to recurring substantial errors made by local television stations through orders issued pursuant to section 9(1)(h) of the Broadcasting Act. The CRTC added it will apply the procedure outlined in CRTC Bulletin 2015-329 to deal with simsub errors that are the responsibility of local television stations until the Distribution Regulations are amended, and extend this process to BDUs once the amendments have been made.
The Commission said it will investigate evidence of improperly executed simultaneous substitutions when it receives complaints, on a case-by-case basis. The procedure for submitting complaints regarding simsub errors is outlined in the Bulletin (CRTC 2015-329).
