ARCHIVED — Vol. 146, No. 8 — April 11, 2012

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SOR/2012-57 March 27, 2012

BROADCASTING ACT

Regulations Amending Certain Regulations Made Under the Broadcasting Act

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending Certain Regulations Made Under the Broadcasting Act, substantially in the annexed form, was published in the Canada Gazette, Part Ⅰ, on January 7, 2012 and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act (see footnote b), hereby makes the annexed Regulations Amending Certain Regulations Made Under the Broadcasting Act.

Gatineau, Quebec, March 26, 2012

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING CERTAIN REGULATIONS
MADE UNDER THE BROADCASTING ACT

TELEVISION BROADCASTING REGULATIONS, 1987

1. Section 11 of the Television Broadcasting Regulations, 1987 (see footnote 1) and the heading before it are replaced by the following:

COMMERCIAL MESSAGES

11. Except as otherwise provided under a condition of its licence, a licensee shall ensure that every commercial message that it broadcasts complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

SPECIALTY SERVICES REGULATIONS, 1990

2. The Specialty Services Regulations, 1990 (see footnote 2) are amended by adding the following after section 12:

COMMERCIAL MESSAGES

13. Except as otherwise provided under a condition of its licence, a licensee shall ensure that every commercial message that it broadcasts complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

BROADCASTING DISTRIBUTION REGULATIONS

3. The Broadcasting Distribution Regulations (see footnote 3) are amended by adding the following after section 7:

COMMERCIAL MESSAGES

7.1 (1) Except as otherwise provided under a condition of its licence, a licensee that alters the audio content or audio format of a programming service under paragraph 7(a) or (g) shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

(2) Except as otherwise provided under a condition of its licence, a licensee that distributes an authorized non-Canadian programming service shall ensure that every commercial message complies with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

4. Section 30 of the Regulations is amended by adding the following after subsection (5):

(6) A licensee that distributes commercial messages or acknowledgements on the community channel under paragraph (1)(g), (h) or (i) shall ensure that those messages and acknowledgements comply with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

COMING INTO FORCE

5. These Regulations come into force on September 1, 2012.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The amendments require programming undertakings and broadcasting distribution undertakings to ensure that the loudness of television commercials is compliant with the ATSC Recommended Practice A/85, which sets out technical requirements to ensure that commercial messages are received at an even volume relative to regular programming.

Footnote a
S.C. 1991, c. 11

Footnote b
S.C. 1991, c. 11

Footnote 1
SOR/87-49

Footnote 2
SOR/90-106

Footnote 3
SOR/97-555