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Broadcasting Decision CRTC 2005-502
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Ottawa, 19 October 2005 |
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Astral Broadcasting Group Inc.
Across Canada |
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Application 2005-0420-1
Public Hearing in the National Capital Region
15 August 2005 |
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Télé-Rêve – Category 2 specialty service
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In this decision, the Commission
approves an 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
Astral Broadcasting Group Inc. (Astral) for a broadcasting licence to
operate a national, French-language Category 21
specialty programming undertaking to be known as Télé-Rêve. |
2. |
The applicant proposed to offer a service
that would be devoted to what many people fantasize about: the lives of
the rich and famous, the fascinating sagas of famous families, fancy
homes, items and clothes, extraordinary life stories and the secrets of
the stars. Astral proposed to air dramas, news magazines, documentaries
and reality television shows that focus on wealth, luxury and stardom.
All of the programming would be drawn from the following categories, as
set out in Schedule I to the Specialty Services Regulations, 1990: 2(a)
Analysis and interpretation; 2(b) Long-form documentary; 3 Reporting and
actualities; 7(a) Ongoing dramatic series; 7(b) Ongoing comedy series
(sitcoms); 7(c) Specials, mini-series or made-for-TV feature films;
7(d) Theatrical feature films aired on TV; 9 Variety; 11 General
entertainment and human interest; 12 Interstitials; 13 Public service
announcements; and 14 Infomercials, promotional and corporate videos. |
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Interventions
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3. |
The Commission received interventions in
opposition to this application from TVA Groupe Inc. (TVA), a corporation
that controls 100% of the national, French-language Category 1 specialty
service known as Argent, and from ARTV inc., licensee of the national,
French-language specialty service known as ARTV. |
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TVA Group Inc.
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4. |
According to TVA, the proposed service
would be in direct competition with Argent (formerly known as LCN
Affaires). As set out in LCN Affaires – a new specialty service,
Decision CRTC 2000-468,
14 December 2000 (Decision 2000-468),
the programming of LCN Affaires has two primary components: |
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the first component, offered from Monday to Friday, consists of
news and information about the stock market and analysis and reporting
on finance and business; and
the second component, offered on the weekend, generally consists
of more entertaining programming relating to money, including
biographies, documentaries, mini-series and feature films.
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5. |
Therefore, Télé-Rêve, whose programming
would be devoted to what people fantasize about, would overlap directly
with the second component of Argent’s programming, given that Télé-Rêve
would broadcast programming that was very similar. TVA noted that, as of
the fall of 2005, such programs will account for more than 10% of
Argent’s programming schedule and will take up a significant portion of
the weekend programming schedule. |
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ARTV inc.
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6. |
In its intervention, ARTV inc. speculated
about the types of programs that Télé-Rêve intends to devote to the
theme of celebrity, given that it is a theme that can be interpreted
quite broadly, failing clarification by the applicant. According to ARTV
inc., if a significant proportion of Télé-Rêve’s programming were
devoted to artistic celebrities, this would put Télé-Rêve in direct
competition with several elements of ARTV’s programming. Accordingly,
should the Commission approve this application, ARTV inc. suggested that
conditions of licence be imposed that restrict the broadcast of
programming from Category 2(b) Long-form documentary, Category 7(a)
Ongoing dramatic series, Category 7(c) Specials, mini-series or
made-for-TV feature films, Category 7(d) Theatrical feature films aired
on TV, and Category 11 General entertainment and human interest. |
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The applicant’s reply to the intervention by TVA
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7. |
In reply to the TVA intervention, Astral
noted that, in Decision 2000-468,
the Commission indicated that the programming of LCN Affaires would
be "of interest to a target audience consisting of business people
and all other persons wishing to learn how to better manage their
money." |
8. |
Astral submitted that the mission, themes
and target audience of its proposed service were unrelated to the
mission of financial education that the Commission had entrusted to LCN
Affaires. Astal stated that its proposal has more to do with dreams and
illusions and that its service would be aimed at a broader audience,
made up mainly of female viewers between 24 and 54 who wish to escape
the daily grind and let themselves become fascinated with sagas of
famous families, luxury items and the secrets of the stars. |
9. |
Astral also noted that TVA’s application
for a broadcasting licence for a Category 2 digital service to be known
as Star Système has certain similarities to this application and that,
in its application, TVA argued that Star Système would not compete
directly with any existing specialty service. |
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The applicant’s reply to the intervention by ARTV inc.
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10. |
Astral noted that ARTV inc. was granted a
licence for ARTV, which would provide programming "[translation] devoted
to arts [literature, theatre, dance, opera, arts, visual art, personal
documentaries, music…] that reflects the uniqueness of Quebec culture
and the needs and circumstances of French-language communities in other
parts of Canada." Astral also indicated that, to carry out its mission,
ARTV inc. had committed to be first and foremost a "first-run service,"
since 80% of its initial program schedule would be devoted to first-run
programs and given that the Commission indicated that it expected the
programming of a national service devoted to the arts would consist
predominantly of the "broadcast of works, performances, events and
cultural activities from all parts of Canada." The concept that
Télé-Rêve is proposing is, by all accounts, far removed from the concept
of a national service devoted to the arts. |
11. |
Astral emphasized that it has no intention
of getting into the type of movie programming broadcast on ARTV, which
is selected to meet the needs of cinema fanatics and the most
discriminating film enthusiasts. |
12. |
Télé-Rêve has no intention of pursuing an
intellectual approach, such as analyzing the mechanisms involved in the
creative process and philosophical reflection on literature and art, as
is often the case for programming aired on the French-German ARTE
network, during the program Théma, or on various original ARTV
programs, such as Palettes or Artistes dans l’Âme.
Télé-Rêve intends to be an entertainment channel that is not devoted to
arts, but rather to programming on wealth, luxury and stardom. |
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Commission’s analysis and determination
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13. |
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, the Commission adopted a case-by-case approach in
determining whether a proposed Category 2 service should be considered
directly competitive with an existing analog pay or specialty service
or an 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. |
14. |
In this case, the Commission notes that the
applicant specified that Télé-Rêve would focus on fantasy and illusion,
as opposed to Argent, whose programming is devoted to the economy, the
business world and personal finances, and ARTV, whose programming is
devoted to the arts and reflects the unique character of Quebec culture
and the needs and special nature of Canada’s other French-speaking
communities. The Commission also notes that, in this application, the
applicant indicated that, even though some French-language specialty
services include programs that are similar to those that would be aired
by Télé-Rêve, such programs would account for less than 10% of
Télé-Rêve’s programming. |
15. |
The Commission is therefore satisfied that
the nature of service proposed for Télé-Rêve is sufficiently specific to
ensure that it will not be directly competitive with any existing analog
pay, specialty or Category 1 service, including Argent and ARTV. |
16. |
The Commission is satisfied that the application
is in conformity with all applicable terms and conditions announced
in Introductory statement – Licensing of new digital pay and
specialty services – Corrected Appendix 2, Public Notice CRTC
2000-171-1,
6 March 2001 (Public Notice 2000-171-1).
Accordingly, the Commission approves the application by Astral
Broadcasting Group Inc. for a broadcasting licence to operate a French-language
Category 2 specialty programming undertaking to be known as Télé-Rêve. |
17. |
The licence will expire 31 August 2012, 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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18. |
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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- 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 19 October 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 2005-502
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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, French-language
Category 2 specialty programming undertaking devoted to what many
people fantasize about: the lives of the rich and famous, the
fascinating sagas of famous families, fancy homes, items and clothes,
extraordinary life stories and the secrets of the stars.
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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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2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
7 (a) Ongoing dramatic series
(b)Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(d)Theatrical feature films aired on TV
9 Variety
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4. 4. Feature films from Category 7(d)
broadcast by the licensee must have been copyrighted for at least 7
years prior to the broadcast date. |
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For the purposes of the conditions of this
licence, including condition of licence 1, broadcast day refers
to the 24-hour period beginning each day at 4 a.m., or any other period
approved by the Commission. |
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Footnote:
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: 2005-10-19 |