Canadian Radio-television and Telecommunications Commission
The Canadian Radio-television and Telecommunications Commission (CRTC; French: Conseil de la radiodiffusion et des télécommunications canadiennes) is a public organization in Canada with mandate as a regulatory agency for broadcasting and telecommunications. It was created in 1976 when it took over responsibility for regulating telecommunication carriers. Prior to 1976, it was known as the Canadian Radio and Television Commission, which was established in 1968 by the Parliament of Canada to replace the Board of Broadcast Governors. Its headquarters is located in the Central Building (Édifice central) of Les Terrasses de la Chaudière in Gatineau, Quebec.[2]
"CRTC" redirects here. For other uses, see CRTC (disambiguation).Agency overview
1968
- Vicky Eatrides, (Chairperson & CEO)
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The CRTC was originally known as the Canadian Radio-Television Commission. In 1976, jurisdiction over telecommunications services, most of which were then delivered by monopoly common carriers (for example, telephone companies), was transferred to it from the Canadian Transport Commission although the abbreviation CRTC remained the same.
On the telecom side, the CRTC originally regulated only privately held common carriers:
Other telephone companies, many of which were publicly owned and entirely within a province's borders, were regulated by provincial authorities until court rulings during the 1990s affirmed federal jurisdiction over the sector, which also included some fifty small independent incumbents, most of them in Ontario and Quebec. Notable in this group were:
Reception of non-Canadian services
While an exact number has not been determined, thousands of Canadians have purchased and used what they contend to be grey market radio and television services, licensed in the United States but not in Canada. Users of these unlicensed services contend that they are not directly breaking any laws by simply using the equipment. The equipment is usually purchased from an American supplier (although some merchants have attempted to set up shop in Canada) and the services are billed to an American postal address. The advent of online billing and the easy availability of credit card services has made it relatively easy for almost anyone to maintain an account in good standing, regardless of where they actually live.
Sec. 9(1)(c) of the Radiocommunication Act creates a prohibition against all decoding of encrypted programming signals, followed by an exception where authorization is received from the person holding the lawful right in Canada to transmit and authorize decoding of the signal. This means receiving the encrypted programming of DishNetwork or DirecTV, even with a grey market subscription, may be construed as unlawful (this remains an unresolved Constitutional issue).
Notwithstanding, possession of DishNetwork or DirecTV equipment is not unlawful as provided by The Radiocommuncation Act Section 4(1)(b), which states:
"No person shall, except under and in accordance with a radio authorization, install, operate or possess radio apparatus, other than (b)a radio apparatus that is capable only of the reception of broadcasting and that is not a distribution undertaking. (radio apparatus" means a device or combination of devices intended for, or capable of being used for, radiocommunication)."
Satellite radio poses a more complicated problem for the CRTC. While an unlicensed satellite dish can often be identified easily, satellite radio receivers are much more compact and can rarely be easily identified, at least not without flagrantly violating provisions against unreasonable search and seizure in the Canadian Charter of Rights and Freedoms. Some observers argued that this influenced the CRTC's June 2005 decision to ease Canadian content restrictions on satellite radio (see above).
Structure
The CRTC is run by up to 13 full-time members (including the chairman, the vice-chairman of broadcasting, and the vice-chairman of telecommunications) appointed by the Cabinet for renewable terms of up to five years. However, unlike the more directly political appointees of the American Federal Communications Commission, the CRTC is an arms-length regulatory body with more autonomous authority over telecommunications. For example, the CRTC's decisions rely more on a judiciary process relying on evidence submitted during public consultations, rather than along party lines as the American FCC is prone to do.[22]
The CRTC Interconnection Steering Committee (CISC) assists in developing information, procedures and guidelines for the CRTC's regulatory activities.
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