February 10, 2009
Via fax:
819-994-0218
Mr. Robert A. Morin
Secretary General
Canadian Radio-television
and
Telecommunications Commission
Ottawa, Ontario
K1A 0N2
Dear Mr. Morin:
Re: Broadcasting Notice of
Public Hearing CRTC 2008-8: Unresolved Issues Related to the Accessibility of
Telecommunications and Broadcasting Services to Persons with Disabilities
– Reply Comments Made on Report on Closed Captioning and Proposed
Standards for English- and French-Language Television Services
1.
The Canadian
Association of Broadcasters (CAB) is the national voice of Canada’s private
broadcasters, representing the vast majority of Canadian programming services,
including private television and radio stations, and specialty, pay and
pay-per-view services.
2.
This
submission is in response to comments received in response to the preliminary report on closed
captioning and the proposed Closed
Captioning Standards and Protocol for English-language Television Programming
Services and the new guidelines (Projet
de lignes directrices et protocole du sous-titrage à l’intention des
télédiffuseurs canadiens de langue française) recommended by the
French-language working group, filed on 2 December 2008, as well as the
validation exercise report filed by the CAB on 15 December, 2008. In the
context of this reply, it should be noted that the CAB is expressing the views
of all Canadian French and English private, public and educational television
broadcasters.
The Issue of Pop on versus roll up
3.
Some
interveners who have filed comments on January 19th, 2009, in
response to the Closed Captioning preliminary report and proposed Closed Captioning Standards and Protocol for
English-language Television Programming Services argue that the use of
roll-up captioning should not be allowed for pre-recorded programming in
Canada. For Mr. Joe Clark, the Commission should “reject the claimed CAB captioning standard and associated research” and should “prohibit the use of scrollup (e.g.
roll up) captioning for fictional narrative programming captioned in Canada”. In
his submission, Mr. Henry Vlug states that “roll
up captioning should not be allowed at all for non live programming”.
4.
The Canadian
Association of the Deaf (CAD), on the other hand argued that “…roll up captions in purchased programming
should only be acceptable on a temporary basis, that efforts had to be made to
get the programs more appropriately captioned, and that roll ups should be
limited to actual live programs as opposed to rebroadcasts of what were live
programs.” Given that these recommendations were not adopted by the
English-language closed captioning working group, the CAD concludes that the
proposed Closed Captioning Standards and
Protocol for English-language Television Programming Services should be
rejected. In lieu of which it is stated that:
“CAD submits that it is time for
CRTC to mandate and enforce standards. If time is needed to develop these
standards then specific tasks and timelines should be set. CAB has shown it is
unable to do this so CRTC should do it and use expert help if needed. Possibly
the experts at Ryerson University and TDI in the USA can be tasked with this
job.”
5.
The
above-noted interveners’ recommendation to prohibit the use of roll-up
captioning for non live programming seems to lie on the apparent belief that
not relying on pop on captioning for pre-recorded programming goes against the entitlement
of the hearing impaired community to access television programming. Further, it
implies that the English-language working group recommendation to allow the use
of roll up captioning for pre-recorded programming is solely based on either a
question of cost or unwillingness on the part of broadcasters to serve the
hearing impaired community.
6.
In response,
Canadian television programming services wish to provide the following
comments:
7.
All English
or French private, public and educational Canadian television programming
services are committed to complying with CRTC’s policy with respect to closed
captioning as set out in Broadcasting Public Notice CRTC 2007-54. This policy
states that:
“English- and French-language
broadcasters will be required to caption 100 % of their programs over the
broadcast day, with the exception of advertising and promos.”
8.
This means
that as of the beginning of their next licence term, or other arrangements
agreed upon by the CRTC, each Canadian broadcaster will caption all programs,
Canadian or foreign, to be aired on their programming service, regardless of
whether or not such programs are watched or not by closed captioning users. To
put things into perspective, this means that on an annual basis more than 2
million hours of programming will be available with closed captioning. Of the 2
million hours 1.64 million hours or more than 80 % will be provided with English
captioning and close to 400,000 hours will be provided with French captioning. This increase to
captioned programming illustrates Canadian broadcasters commitment to provide the widest range of access
possible to Canadian television broadcasting system for the hearing impaired
community. We believe this should be celebrated as a great benefit for the
hearing-impaired community.
9.
On the other
hand, Canadian broadcasters however don’t believe that the type of captioning
used by broadcasters should be imposed upon them by the regulator. Simply put,
pop on captioning of pre-recorded programming is not an entitlement and
therefore it should not be mandated by the CRTC. Such a requirement would be in
our view as unreasonable and unwarranted as mandating every programs aired by a Canadian third language television
service be made available in both of the official languages or mandating programs
shot in black and white be provided in color, at the Canadian broadcaster’s
expense, because viewers might appreciate it better in that format or mandating
requiring that all foreign language programs aired by a Canadian
English-language television programming services be shown in its original
version with English subtitles, because many English speaking viewers don’t
like to see programs dubbed in English.
10.
Given that
the vast majority of the programming, Canadian and foreign, aired by Canadian
broadcasters are pre-recorded, having the regulator mandate pop on captioning on all of these
programs would place an unreasonable
burden on the Canadian broadcasting system, as it would significantly increase
the cost of providing captioning on thousands of hours of English-language
programming, some of which air on digital specialty services that attract
limited viewers let alone closed captioning users. It would also entail that broadcasters would need to recaption, at significantly
additional cost, programs already available in roll up captioning, which would
not represent the best use of limited financial resources of Canadian
broadcasters. Therefore, we respectfully submit that this would go against
provision 5 (2) (g) of the Broadcasting
Act that states that:
The Canadian broadcasting system
should be regulated and supervised in a flexible manner that is sensitive to the
administrative burden that, as a consequence of such regulation and
supervision, may be imposed on persons carrying on broadcasting
undertakings.
11.
Furthermore,
we reiterate that should the Commission require that the proposed Closed Captioning Standards and Protocol for
English-language Television Programming Services becomes mandatory for all
English-language broadcasters, as part as their individual condition of
licence, the Commission must take into consideration the context in which
Canadian English-language broadcasters operate. It must recognize that Canadian
English-language broadcasters will, for the foreseeable future, continue to
acquire US programming that has been captioned in the US. Given the clear indication made by the
FCC that it does not envision regulating this field, it remains highly likely
that the captioning provided by US producers or distributors will not,
for the foreseeable future, be subject to quality standards and, accordingly,
will continue to vary in quality and format from one service provider to the
next.
12.
Given this
situation, and given that the Closed
Captioning Standards and Protocol for English language Television Programming
Services cannot apply only to Canadian programming but to all programming
broadcast by these services, it will be impossible for Canadian
English-language broadcasters to guarantee that all dramatic programming
or pre-recorded programming will be captioned using the pop-on format. In this
context, requiring that Canadian English-language broadcasters systematically
provide pre-recorded programming
with
pop on captioning would only ensure that these broadcasters be in non
compliance with CRTC regulation. We don’t believe such an outcome would serve
neither public policy purposes nor the public interest overall.
13.
That being
said, Canadian broadcasters acknowledge and understand that many closed
captioning users prefer to watch pre-recorded programming, such as drama,
captioned in pop on, as illustrated by the results of the validation exercises
conducted last December. To
this end, English-language Canadian broadcasters are committed to passing along
pop on caption data, where available, for acquired pre-recorded programming.
14.
Accordingly,
Canadian broadcasters recommend that the proposed Closed Captioning Standards and Protocol for English language
Television Programming Services submitted on December 2nd be
approved by the Commission.
Comments
made by le Centre Québécois de la déficience auditive (CQDA):
15.
In its
submission filed on January 12th, 2009, CQDA indicates that it had
recommended some change to the wording of the new guidelines (Projet de lignes directrices et protocole du
sous-titrage à l’intention des télédiffuseurs canadiens de langue française)
recommended by the French-language closed captioning working group,
recommendation that was not reflected in the document filed on December 2nd by the CAB. After reviewing the document, CAB concurs with CQDA that the change
recommended was omitted in both the French and English version of the Projet de lignes directrices et protocole du
sous-titrage à l’intention des télédiffuseurs canadiens de langue française. A revised version of this document incorporating the wording change recommended
by CQDA is appended to our reply submission.
16.
In its
submission, CQDA stated its concern over the section of the validation report
(page 9) that deals with the level of error rate that users might tolerate in
the delivery of closed captioning. More specifically, CQDA is recommending that
this section of the validation report not be taken into account by the
Commission in its determination with respect to the quality of closed
captioning provided by the Canadian broadcasting system.
17.
In response,
we want to reassure CQDA that Canadian broadcasters are viewing the results of
the validation exercises simply as an indication of a small sample of users
reactions to issues related to closed captioning, including on the issue of
tolerance to error rates. In no way, do we consider these results as
definitive. With respect specifically to the issue of error rates acceptable
for the delivery of closed captioning, Canadian broadcasters are of the view
that, given the complexity of the issue, further studies and analysis are
required before an error rate level or range, or indeed, definition of what an
error would be, could be established. We believe that further discussions and
exploration at the working groups level are required to develop the right
approach and a more global solution to improve the quality of closed captioning
as it relates to the error rate the industry should meet.
Conclusion
18.
As this
document constitute the final reply in the accessibility hearing process, we
are submitting the final report of the English and French-language closed
captioning working groups as part of this filing. Given what we have stated
above, this report remains identical in its substance and maintains the same
recommendations made in the preliminary report filed on 2 December, 2008.
Sincerely,
Original signed by
Pierre-Louis Smith
Vice-President, Policy and Chief Regulatory Officer
*** End of Document ***
c.c. henryvlug@telus.net
info@cad.ca
info@cqda.org
joeclark@joeclark.org
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