PUBLIC HEARING

Agenda

24 October 2005

APPEARING ITEMS

1.          Spotlight Television Limited
2.          Romen Podzyhun and C.J. (Cal) Millar, on
              behalf of a corporation to be incorporated
3.          Allarco Entertainment Inc.
4.          Archambault Group Inc.

INTERVENTIONS RECEIVED CONCERNING THE APPLICATIONS SCHEDULED FOR THIS PUBLIC HEARING ARE AVAILABLE ON THE PUBLIC EXAMINATION FILES.

Temporary Examination Room: Papineau Room
(819) 953-3168

1.

Across Canada
Application No. 2004-0991-3

Broadcasting Notice of Public Hearing CRTC 2005-6, item 1

Application by Spotlight Television Limited for a licence to operate a national English-language general interest pay television programming undertaking to be known as Spotlight. The applicant proposes that the service be distributed on a digital basis with entitlement to access under section 18(5) of the Broadcasting Distribution Regulations .

The applicant states that the programming will consist of limited series and long form drama, comedy series, feature films and long form documentaries, and occasional major international sporting events and concerts.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13 and 15 as set out in Schedule I of the Pay Television Regulations, 1990 . The applicant also proposes that no more than 5% of its programming schedule during each six-month semester to programming from category 6 (sports), with a maximum of 20 hours in any week.

The applicant proposes to exhibit 30% Canadian content from 6:00 pm to 11:00 pm and 25% for the remainder of the day. The applicant also proposes to spend $15 million on Canadian programming in the first full year of operation, $20 million in the second year, and 32% of the previous year's gross revenues in each subsequent year. The applicant also proposes to spend $1.5 million of program development in each year.

The applicant is seeking to be able to broadcast programming produced by the licensee or a related company. The applicant proposes that such programming be limited to 25% of its Canadian programming schedule and 25% of its annual expenditures on Canadian programming.

FOR THE APPLICANT

George Burger
Larry Tanenbaum
Gary Smith
Charlotte Mickie

Craig Gibson
Lori Rosenberg
Ted Doering
Peter Grant

2.

Across Canada
Application No. 2005-0452-3

Broadcasting Notice of Public Hearing CRTC 2005-6, item 2

Application by Romen Podzyhun and C.J. (Cal) Millar, on behalf of a corporation to be incorporated , (The Canadian Film Channel inc.) for a licence to operate a national English-language general interest pay television programming undertaking to be known as The Canadian Film Channel.

The applicant states that the programming will be entirely dedicated to presenting Canadian programming.   The service will offer feature films, short films, mini features, documentaries and animation, the majority of which will be English-language drama.   The schedule will also include Canadian French-language drama with English sub-titles.

The applicant proposes to offer programming from the following categories:   2(a), 2(b), 3, 7(a), 7(c), 7(d), 7(e), 7(g), 11, 12, and 13 as set out in Schedule I of the Pay Television Regulations, 1990 .

The applicant proposes to exhibit 100% Canadian content.   The applicant also proposes to spend approximately 50% of the gross revenue in each year on Canadian programming.

The applicant is seeking the distribution of its service, for no additional subscriber fee, to all of the subscribers of the current English-language pay services offered by the Class 1, 2, and 3 broadcasting distribution undertakings and both of the direct-to-home satellite distribution undertakings that are distributing the current pay services.   The applicant is also seeking the inclusion of its service in a package with each of the current English-language pay services.

The applicant proposes to derive its revenue from the gross revenues of the current English-language pay television licensees, The Movie Network, MoviePix, Movie Central, and Encore Avenue .   To achieve this, it proposes that a new condition of licence be imposed on the current English-language pay licensees at their next licence renewal that would require them to direct, each month, 12.9% of their gross revenue to the applicant.

FOR THE APPLICANT

Cal Millar
Cathy Mewett
Romen Podzyhun
Shane Smith
 

David Miller
Carla Nolan
Doug Barrett

3.

Across Canada
Application No. 2005-0454-9

Broadcasting Notice of Public Hearing CRTC 2005-6, item 3

Application by Allarco Entertainment Inc. for a licence to operate a national English-language general interest pay television programming undertaking to be known as Allarco Entertainment. The applicant proposes that the service be distributed on a digital basis with entitlement to access under Section 18(5) of the Broadcasting Distribution Regulations
.

The applicant states that the majority of programming will consist of feature films, original series, specials and dramatic mini-series, in high definition format.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 3, 6(a), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 9, 10, 11, 12 and 13 as set out in Schedule I of the Pay Television Regulations, 1990 . The applicant also proposes that no more than 5% of its programming schedule during each six-month semester be devoted to programming from category 6 (sports) with a maximum of 20 hours in any week.

The applicant proposes to exhibit 30% Canadian Content from 6:00 pm to 11:00 pm and 25% for the remainder of the day.  The applicant also proposes to spend $4 million on Canadian programming in the first year of operation and 32% of the previous year's gross revenues in each subsequent year.

In addition, the applicant proposes the following conditions of licence:

a)   In the broadcast year where it no longer has a cumulative deficit, expend on investment in Canadian programs by way of equity investment or bridge financing an amount equal to its operating profit after tax for that year less any amount used to reduce the deficit.

b)   In each subsequent broadcast year during the term of its licence, expend on investment in Canadian programs by way of equity investment or bridge financing an amount equal to its operating profit after tax for that year.

c)   Expend on script and concept development not less than $2,000,000 in each broadcast year excluding overhead costs.

FOR THE APPLICANT

Charles Allard
Nic Wry
Malcom Knox
Elaine Chow
Wally Kirk
Richard Paradis
Mark Lewis
Maureen Levitt
 

Geoff Le Boutiller
Dave Proc
Doug Malkie
Carie Green
Brian Thomas
Mario Motto
Brian Schecter
Art Eden

4.

Across Canada
Application Nos. 2005-0451-5 (French-language service) and
2005-0755-1 (English-language service)

Broadcasting Notice of Public Hearing CRTC 2005-6, item 4

Applications by Archambault Group Inc. for two licences to operate national general interest pay television programming undertakings, one in English and one in French, both to be known as BOOMTV. The licensee is seeking to be distributed in the same manner as a Category 1 service, and proposes the mandatory distribution of the French-language service in francophone markets and the English-language service in anglophone markets.

Although the French-language service and the English-language service would not offer identical programs, each service would be subject to the same conditions.

The applicant proposes two “premium services” that will regularly favour first-run dramatic programs and series that will be broadcast at a later date on conventional television services.

The applicant proposes to divide its programming into four main areas: feature film (64%), sports (13%), television drama (12%) and events (11%).

The applicant proposes to offer programming from the following categories: 2b, 5b, 6a, 6b, 7a, 7b, 7c, 7d, 7e, 7f, 7g, 8a, 8b, 9, 11, 12 and 15 as set out in Schedule I of the Pay Services Regulations, 1990 .

The applicant proposes to exhibit 30% Canadian content from 6:00pm to 11:00pm and 25% for the remainder of the day.

The applicant will invest 20% of its annual revenues in Canadian programming. It will also invest 1% in script development (contribution to Fonds Quebecor).

The applicant is seeking to be able to broadcast programming produced by the licensee or a related company. It proposes to limit such programming to 30% of its Canadian programming each year.

The applicant is of the view that the French-language service would not be viable if the English-language service were not also approved.

FOR THE APPLICANT

Pierre Karl Péladeau
Richard Soly
Pierre Lampron
Paul Buron

Don Gaudette
Lucie Quenneville
Manon Brouillette

APPEARING INTERVENERS

1.       Astral Television Network (int. 291 – item 2) (int. 292 – items 1, 3 and 4) (int. 293 – item 4)

2.       Corus Entertainment (int. 321 – item 1) (int. 291 – item 2) (int. 319 – item 3) (int. 314 – item 4)

3.       Muse Entertainment Enterprises Inc. (int. 120 – item 1)

4.       True West Films, Rochelle Grayson (int. 216 – item 1)

5.       ImagiNation Film & Television Productions Inc. (int. 332 – item 1)

6.       Insight Production Company Ltd., John Brunton (int. 335 – item 1)

7.       ImX Communications Inc.(int. 336 – item 1)

8.       Big Motion Pictures (int. 372 – item 1)

9.       Original Pictures Inc. (int. 380 – item 1)

10.     CCTA (int. 330 – items 1 to 4)

11.     Premiere Bobine, Tom Berry (int. 221 – items 1 to 4)

12.     Helen Scarlett (int. 230 – item 1)

13.     Halifax Film Company (int. 242 – items 1 to 4)

14.     James Deane (int. 198 - item 2)

15.     Wordshop Productions Inc. and Centennial College (int. 252 – item 2)

16.     CHUM Limited (int. 249 – items 1 to 4)

17.     APFTQ, Claire Samson (int. 284 – items 1 to 4)

18.     Bell Express Vu, Chris Frank, Patrick Button and Suzanne Morin (int. 250 – items 1 to 4)

19.     The Producers' Roundtable of Ontario, by its counsel Cassels Brock & Blackwell   LLP (int. 244 – items 1 to 4)

20.     Alberta Motion Picture Industries Association, Alan Brooks and Connie Edwards   (int. 297 – item 3)

21.     Sandy Peardon, ITAP (int. 313 – item 3)

22.     Sound Venture Productions Ottawa Limited, Neil Bregman (int. 59 – item 3)

23.     John Aaron Productions Inc. (int. 70 – item 3)

24.     Lowenbe Holdings Ltd. (int. 146 – item 3)

25.     IMP Inc. (int. 159 – item 3)

26.     Jim Byrd (int. 167 – item 3)

27.     Nancy Gregg (int. 173 – item 3)

28.     Kelaur Productions Inc., Ray Wilson (int. 226 – item 3)

29.     CFTPA (int. 287 – items 1 to 4)

30.     ACTRA (int. 288 – items 1 to 4)

31.     Telefilm Canada (int. 289 – items 1 to 4)

32.     Directors Guild of Canada /Writers Guild of Canada , Pamela Brand and Maureen Parker (int. 323 – items 1 to 4)

33.     Canadian Association of Film Distributors and Exporters (int. 378 – items 1 to 4)