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Broadcasting Public Notice CRTC 2005-17
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Ottawa, 25 February 2005
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Call for comments on a proposed new approach to the consideration of
applications for Canadian third-language ethnic Category 2 pay and
specialty services
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In this notice, the Commission invites
comments on a proposed new approach to the consideration of applications
for Canadian third-language ethnic Category 2 pay and specialty
services. Instructions for filing comments are set out at the end of the
notice. |
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Background
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1. |
In Improving the diversity of third-language
television services – A revised approach to assessing requests to
add non-Canadian third-language television services to the lists of
eligible satellite services for distribution on a digital basis,
Broadcasting Public Notice CRTC 2004-96,
16 December 2004 (Public Notice 2004-96),
the Commission set out its revised approach to the assessment of requests
to add non-Canadian third-language television services to the lists
of eligible satellite services for distribution on a digital basis
(the digital lists). The revised approach puts a greater emphasis
on expanding the diversity and choice of television services available
to underserved third-language ethnic communities in Canada. Under
the revised approach, the Commission will generally approve requests
to add non-Canadian general interest third-language services to the
digital lists, subject, as appropriate, to certain distribution and
linkage requirements described in Public Notice 2004-96
that are designed to foster the continued development of Canadian
pay and specialty services. |
2. |
In light of the revised approach to non-Canadian
third-language services, the Commission stated, in Public Notice 2004-96,
that it may also be appropriate to modify its approach to the consideration
of applications for new Canadian third-language ethnic Category 2
pay and specialty services. |
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Current framework
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3. |
The current licensing framework for Canadian
Category 2 pay and specialty services (Category 2 services) is
set out in Licensing framework policy for new digital pay and specialty
services, Public Notice CRTC 2000-6,
13 January 2000, and in Revised procedures for processing applications
for new digital Category 2 pay and specialty television services,
Broadcasting Public Notice CRTC 2004-24,
8 April 2004 (the Category 2 framework). The Category 2 framework
establishes basic minimum licensing criteria for Category 2 services,
including minimum required levels of Canadian content, eligibility
requirements concerning Canadian ownership, and the requirement that
such services not be directly competitive with any existing Category 1
or analog pay or specialty service (existing services). The Category
2 framework states that Category 2 services will generally be
approved where they meet the minimum licensing criteria and comply
with all applicable policies and regulations. |
4. |
The Commission uses a case-by-case approach
when assessing whether or not a proposed Category 2 service is directly
competitive with existing services, and takes into account the evidence
and argument presented by the parties in each case. |
5. |
In the case of applications for ethnic
Category 2 services, the Commission must assess their potential
competitiveness with the five general interest third-language ethnic
specialty services that were approved under the licensing framework for
analog specialty services, namely, Telelatino Network Inc., Fairchild
Television Ltd., Talentvision TV Ltd., Asian Television Network
International (ATN) Limited and Odyssey Television Network Inc. |
6. |
Since the establishment of the Category 2
framework, the Commission has approved a number of ethnic Category 2
services, of which 21 are now made available by various broadcasting
distribution undertakings across Canada. At the present time, 30
additional ethnic Category 2 services have Commission authorization, but
have not commenced operation. |
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Proposed framework
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7. |
In order to expand the diversity and choice
of Canadian third-language ethnic television services, the Commission
proposes to establish a more open-entry framework for third–language
ethnic Category 2 pay and specialty services. The Commission notes that
the existing Category 2 framework will continue to apply to English- and
French-language Category 2 services and to ethnic Category 2 services
that do not fall under the definition of a third-language programming
service that is set out below. |
8. |
Under the proposed framework, the
Commission would generally approve an application for a licence for a
third-language ethnic Category 2 service provided that the proposed
service satisfies the following critieria: |
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- The service must meet the minimum licensing criteria for
Category 2 services; in particular, it would be required to broadcast
minimum levels of Canadian content and comply with the Commission’s
ownership requirements. The Commission would, however, no longer
assess the potential competitiveness of a proposed third-language
ethnic Category 2 service with existing services.
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- The service must qualify as a third-language programming service.
Consistent with the approach adopted for non-Canadian services
in Public Notice 2004-96,
the Commission proposes to define a third-language programming
service as one that provides at least 90% of its programming in
languages other than English or French, excluding programs that
are accompanied by secondary audio programming or subtitles in
either English or French.
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Other matters – advertising
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9. |
The Commission generally permits national
specialty services to broadcast only national advertising. However,
since third-language markets are smaller and less able to sustain
national specialty services, the Commission has generally permitted
ethnic analog and ethnic Category 2 specialty services to broadcast up
to six minutes per hour of local advertising, upon application and
approval by the Commission. In order to further streamline its approach
to third-language ethnic Category 2 services, the Commission seeks
comment on the advisability of establishing a general rule that would
permit such services to broadcast up to six minutes per hour of local
advertising. |
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Call for comments
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10. |
The Commission invites parties to comment
on the appropriateness of its proposed approach to the licensing of
third-language ethnic Category 2 services, including the proposed
criteria for approving such services. The Commission further seeks
comments on the approach to local advertising on third-language ethnic
Category 2 services set out above. |
11. |
The Commission will accept comments that it
receives on or before 29 March 2005. |
12. |
The Commission will not formally
acknowledge comments. It will, however, fully consider all comments and
they will form part of the public record of the proceeding, provided
that the procedures for filing set out below have been followed. |
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Procedures for filing comments
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13. |
Interested parties can file their comments
to the Secretary General of the Commission: |
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- by using the
Broadcasting Intervention/Comments Form
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OR
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- by mail to
CRTC, Ottawa, Ontario K1A 0N2
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OR
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14. |
Submissions longer than five pages should
include a summary. |
15. |
Please number each paragraph of your
submission. In addition, please enter the line ***End of document***
following the last paragraph. This will help the Commission verify that
the document has not been damaged during transmission. |
16. |
The Commission will make comments filed in
electronic form available on its web site at
www.crtc.gc.ca but only in the
official language and format in which they are submitted. Such comments
may be accessed in the Public Proceedings section of the CRTC web
site. Copies of all comments, whether filed on paper or in electronic
form, will also be placed on the public examination file. |
17. |
The Commission encourages interested
parties to monitor the public examination file and the Commission’s web
site for additional information that they may find useful when preparing
their comments. |
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Examination of public comments and related documents at the following
Commission offices during normal business hours
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Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room G-5
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
Fax: (819) 994-0218 |
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Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
Fax: (902) 426-2721 |
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205 Viger Avenue West
Suite 504
Montréal, Quebec H2Z 1G2
Tel: (514) 283-6607 |
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55 St. Clair Avenue East
Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096 |
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Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
Fax: (204) 983-6317 |
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Cornwall Professional Building
2125 - 11th Avenue
Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422 |
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10405 Jasper Avenue
Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224 |
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530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
Fax: (604) 666-8322 |
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Secretary General |
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HMTL at the following Internet site: http://www.crtc.gc.ca
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