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Broadcasting Decision CRTC 2005-380
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Ottawa, 3 August 2005 |
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Insight Sports Ltd., on behalf of a
corporation to be incorporated
Across Canada |
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Application 2005-0008-4
Public Hearing at Niagara Falls, Ontario
6 June 2005 |
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The Soccer Net – Category 2 specialty service
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In this decision, the Commission
approves the application for a broadcasting licence to operate a new
Category 2 specialty programming undertaking. |
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The application
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1. |
The Commission received an application by
Insight Sports Ltd., on behalf of a corporation to be incorporated,
(Insight Sports) for a broadcasting licence to operate a national
English-language Category 21
specialty programming undertaking to be known as The Soccer Net. |
2. |
The applicant proposed to offer a service
that would be devoted to soccer and soccer enthusiasts. The programming
would focus on instruction from beginner to advanced play, and for both
amateur and professional soccer games. All of the programming would be
drawn from the following categories, as set out in Schedule 1 of the
Specialty Services Regulations, 1990: 1 (News), 2a (Analysis and
interpretation), 2b (Long-form documentary), 5b (Informal
education/Recreation and leisure), 6a (Professional sports), 6b (Amateur
sports), 7c (Specials, miniseries or made-for TV feature films),
7d (Theatrical feature films aired on TV), 11 (General entertainment and
human interest), 12 (Interstitials), 13 (Public service announcements),
and 14 (Infomercials, promotional and corporate videos). |
3. |
The applicant stated that no more than 5%
of all programming broadcast during each broadcast week would be drawn
from Category 7 (Drama and comedy) and Category 11 (General
entertainment and human interest). The applicant also indicated that all
of the programming would be devoted to soccer or soccer-related
subjects. |
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Interventions
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4. |
The Commission received an intervention in
opposition to this application by Rogers Media Inc., on behalf of Rogers
SportsNet Inc. (Rogers), the licensee of the specialty programming
undertaking known as SportsNet. In its intervention, Rogers stated that
soccer programming is an important part of SportsNet’s programming
mandate. The intervener added that, not only does SportsNet focus on the
carriage of the very best in international soccer, but it has also
dedicated significant resources to cover Canadian matches. Rogers
indicated that the revenues generated from international soccer allow it
to provide viewers with the very best in Canadian soccer. It contended
that Canadian viewers already have access to vast amounts of
international soccer. |
5. |
Rogers also expressed concern about the
fact that the applicant did not provide any details about the type of
international soccer it would broadcast, nor the extent to which it
would cover Canadian soccer. According to Rogers, The Soccer Net would
merely seek out rights for international soccer and limit its coverage
of Canadian soccer. |
6. |
Rogers also reminded the Commission that
scheduling problems experienced during the summer months by Fox Sports
World Canada (FSW), a Category 2 service devoted to the sports
of soccer, rugby and cricket, caused the licensee to file an application
for an amendment to its licence, which was approved in Fox Sports
World Canada – Licence amendment, Broadcasting Decision CRTC 2005-4,
12 January 2005 (Decision 2005-4).
Finally, Rogers contended that the proposed service would compete
directly with SportsNet and negatively impact its continued ability
to provide programs on both Canadian and international soccer. |
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Applicant’s response
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7. |
In response, the applicant reiterated that
The Soccer Net would be devoted exclusively to soccer. It indicated
that, in Decision 2005-4, the Commission
allowed FSW, a launched Category 2 service that devotes 87% of its
schedule to soccer and soccer-related programming, 10% flexibility
to compete in all sports genres with SportsNet. The applicant added
that, at the most, there would be an overlap of less than 6% in the
programming broadcast by SportsNet and that offered by The Soccer
Net. The applicant also pointed out that the licensees of other sports
services such as The Sports Network, and FSW did not file interventions
to the present application. |
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Commission’s analysis and determination
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8. |
In Licensing framework policy for new
digital pay and specialty services, Public Notice CRTC 2000-6,
13 January 2000, the Commission implemented a competitive, open-entry
approach to licensing Category 2 services. In Introductory statement
- Licensing of new digital pay and specialty services, Public
Notice CRTC 2000-171,
14 December 2000, and Public Notice CRTC 2000-171-1,
6 March 2001 – Corrected Appendix 2, (Public Notice 2000-171-1)
the Commission adopted a case-by-case approach in determining whether
a proposed Category 2 service should be considered directly competitive
with an analog pay or specialty or existing Category 1 service, although
not with an existing Category 2 service. The Commission examines each
application in detail, taking into consideration the proposed nature
of service and the unique circumstances of the genre in question. |
9. |
In the present case, the Commission is
satisfied that The Soccer Net’s proposed nature of service is
sufficiently specific so as to ensure that it will not be directly
competitive with any analog pay or specialty or existing Category 1
service, including SportsNet. The Commission notes that FSW also
broadcasts a significant amount of soccer-related programs. The Soccer
Net will offer programming exclusively related to soccer. In comparison,
SportsNet offers a more broadly-based service. The Commission further
notes that the applicant will not devote more than 5% of all programming
broadcast during the broadcast week to programs drawn from
category 7 (Drama and comedy) and category 11 (General entertainment and
human interest). |
10. |
In light of the above, the Commission is
satisfied that the application is in conformity with all applicable
terms and conditions announced in Public Notice 2000-171-1.
Accordingly, the Commission approves the application by Insight
Sports Ltd., on behalf of a corporation to be incorporated, for a
broadcasting licence to operate the national English-language Category 2
specialty programming undertaking, The Soccer Net. |
11. |
The licence will expire 31 August 2011, and
will be subject to the conditions set out in Public Notice
2000-171-1, as well
as to the conditions set out in the appendix to this decision. |
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Issuance of the licence
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12. |
A licence will be issued once the applicant
has satisfied the Commission, with supporting documentation, that the
following requirements have been met: |
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- an eligible Canadian corporation has been incorporated in
accordance with the application in all material respects;
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- the applicant has entered into a distribution agreement with at
least one licensed distributor; and
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- the applicant has informed the Commission in writing that it is
prepared to commence operations. The undertaking must be operational
at the earliest possible date and in any event no later than 36 months
from the date of this decision, unless a request for an extension of
time is approved by the Commission before 3 August 2008. In order to
ensure that such a request is processed in a timely manner, it should
be submitted at least 60 days before that date.
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Secretary General |
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This decision is to be appended to the
licence. It is available in alternative format upon request, and may
also be examined in PDF format or in
HTML at the following Internet site: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2005-380
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Conditions of licence
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1. The licence will be subject to the
conditions set out in Introductory statement – Licensing
of new digital pay and specialty services – Corrected Appendix 2,
Public Notice CRTC 2000-171-1,
6 March 2001. |
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2. The licensee shall provide a national
English-language Category 2 specialty programming undertaking devoted to
soccer and soccer enthusiasts. The p rogramming will focus on
instruction from beginner to advanced play and on amateur and
professional soccer games. All of the programming will be devoted to
soccer or soccer-related subjects. |
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3. The programming shall be drawn
exclusively from the following categories, as set out in Schedule I to
the Specialty Services Regulations, 1990, as amended from time to
time: |
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1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
5 (b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 (c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4. No more than 5% of all programming
broadcast during the broadcast week shall be programming drawn from
category 7 (Drama and comedy) and category 11 (General entertainment and
human interest). |
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For the purposes of the conditions of this
licence, including condition of licence no. 1, broadcast day
shall have the same meaning as that set out in the Television
Broadcasting Regulations, 1987, or any other period approved
by the Commission. |
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Footnote:
The Category 2 services are defined in Introductory statement
– Licensing of new digital pay and specialty services, Public
Notice CRTC 2000-171,
14 December 2000. |
Date Modified: 2005-08-03 |