January 22, 2010

Mr. Robert Morin

Secretary General
CRTC
Ottawa, ON K1A 0N2

Re: Request for information

CRTC 2009-661

Dear Mr. Secretary General,

We are writing regarding upcoming public hearing and call for submissions for Broadcasting
Notice of Consultation CRTC 2009-661, Review of community television policy framework.

OpenMedia.ca is a national network of organizations that represent nearly 700,000 people across
Canada who want a diverse and democratic media system. OpenMedia.ca regularly participates
in calls for public input from the CRTC concerning matters of public interest.

It has come to our attention that a report detailing community channel policy from around the
world (Community TV Policies and Practices Worldwide) has been removed from the CRTC
website. This report formed part of the public record when 2009-661 was called but has since
been removed from public record. The Study’s author, Catherine Edwards, is an international
community TV expert and her report provides essential information for public participation.

We are concerned on two counts:

(i) This report contained highly relevant comparative information useful in any open
consideration of the future of community channel policy in Canada, and its removal mid-process,
leaves Canadians without access to necessary comparative information.

(ii) This report was removed during an open call for submissions. We would like to know what
changed - why the report was removed from public consideration in connection with the
hearings.

It has also come to our attention that access to information relevant to the CRTC proceeding is
not readily available to the public. An informed and responsible answer to many of the questions
posed by the CRTC regarding the future of community channel policy, requires access to this
crucial information. Information about existing community channel operations will naturally
help generate informed opinions.

In particular, we are concerned that there is no information available to the public regarding
current and past community channel programming. In a public hearing about the future of
1424 Commercial Drive, PO BOX #21674, Vancouver, BC V5L 5G3, www.OpenMedia.ca, (604) 837-5730
community channel policy and the degree to which existing regulation meets legislative goals
and objectives, it is virtually impossible for the public to arrive at considered opinions on some
of the issues raised without access to this key information. Since the implementation of CRTC
2002-61, community representatives and independent producers have accused cable operators of
failing to meet their obligations under the regulations. This is valuable and credible testimony
and more information would add considerable depth to the conversation.

For example, 2009-661 indicates that there are 139 BDU operated community channels in
Canada, but gives no further information. Who owns them, where are they are located, and the
degree to which their programming meets the goals and objectives of community channel policy,
remains unknown. The public should have unfettered access to the programming logs for the
community channel operations in each instance. Our justification for such a request is threefold:

1) that the CRTC is authorized under s.28(1) of the Broadcasting Distribution Regulations
SOR/97-555 to request that cable operators keep a program log of programs distributed
on the community channel;

2) that community channels were created on behalf of the Canadian public to serve public
interest objectives and is paid for by Canadians; as such, the Canadian public is entitled
to transparency and accountability; and

3) that in order to assess the current state of community channel operations and policy
effectiveness across the country this information is obviously necessary. It seems a
regulatory oversight that the public, whose opinion is being solicited through the call
for submissions, is denied access to this essential data.

If the gathering of this information would test the deadline for the call for submissions, we
encourage the CRTC to extend the deadline as it has done on many previous occasions.

We should mention briefly that we are aware of the ‘Keeble Report’ dated September 22, 2009 -
The Community Access Programming Sector: A Quantitative Analysis for the CRTC and that this
report does not provide the information outlined above.

We thank you in advance for considering our requests.

Steve Anderson
National Coordinator
OpenMedia.ca

1424 Commercial Drive, PO BOX #21674, Vancouver, BC V5L 5G3, www.OpenMedia.ca, (604) 837-5730