Using a 1996 u.s. Federal Communications Commission ruling as a model, Canada’s largest animation production companies, Cinar and Nelvana, are asking the crtc to require every licensed television service to provide three hours per week of high-quality, first-run Canadian children’s programming from indie producers.

On Tuesday, Sept. 22 at the crtc’s Canadian Television Policy Review hearing, Cinar cochairman and ceo Micheline Charest said the fcc rules requiring at least three hours per week of ‘core educational programming’ on all licensed television services has worked.

‘The three-hour weekly requirement has worked in the u.s. Saturday morning children’s programming on abc and cbs, for example, bears no resemblance to that of three or four years ago. And during weekdays, the success of Canadian programs such as Arthur and Magic School Bus on pbs has attracted tremendous attention in the u.s. media.’

Noting decreased licence fees and asking the commission to consider mandating the three hours per week of educational children’s programming, Nelvana co-ceo Michael Hirsh noted that the cftpa, the dgc and the Writers Guild of Canada all endorse such a requirement.

Hirsh in turn supported the cftpa’s submission recommending a minimum of 10 hours per week in peak viewing hours from the under represented categories 7, 8 and 9.

Meanwhile, a rift between the country’s largest animation producers and what is now the Canadian Television Fund that erupted last March when stricter guidelines were introduced forbidding shows based on toys or games from outside Canada access to the fund, appears to have escalated somewhat with the fund’s proposed new guidelines.

At issue is a likely stipulation that shows accessing the fund be clearly set in Canada.

Animation producers have argued that such a rule is discriminatory because cartoons most often take place in a ‘fantasy land’ and in no discernible nation.

Also causing furrowed brows for toon producers is the likelihood that broadcasters will be unwilling to prioritize animation shows if they are asked to pick ctf-funded productions as they were in the September tranch.

A solution to the potential problem may be in sight, however, because the ctf has recently been consulting with animation producers on how to create exceptions for animation shows – most specifically, to the ‘distinctly Canadian clause,’ says lfp executive director Garry Toth.

The ctf held meetings with animation producers in both Montreal and Vancouver. Based on those meetings, the ctf board is currently considering ways to appease toon producers.

‘Specific to animation, we’ve had the opportunity to hear the issues that are of concern to them [producers],’ says Toth. ‘And what we’re looking at now is `Will there be exceptions?’ We know that in terms of fantasy location that’s an issue.’

But Nelvana’s Hirsh says the issue of low licence fees for animation producers has been, and it appears will continue to be, a huge problem for him and his peers.

‘From the very beginning of the inception of this fund, it has discriminated against animation production,’ says Hirsh. ‘The [licence fee] threshold that’s required works for live-action children’s programming but not for animation.’

Hirsh says an average live-action kids’ show budget is between $100,000 to $200,000 because they’re often studio shows produced in-house and shot on video.

‘Therefore a trigger fee of 15%Érelates to an affordable licence fee,’ he says.

Hirsh claims animation, which has an average cost of $500,000 to $600,000, needs roughly a $75,000 licence fee to trigger the fund.

‘Most of us in animation find that we can rarely trigger the fund except from specialty services such as ytv and Teletoon,’ says Hirsh. ‘Licence fees from traditional broadcasters such as cbc, ctv or Global are generally insufficient.’

Toth says that a clear consensus from producers on the issue of licence fees currently being high enough to trigger the fund has not been evident.