Canadian Radio-television and Telecommunications Commission | Conseil de la radiodiffusion et des télécommunications canadiennes
 

Symbol of the Government of Canada
 

Application to Obtain a Broadcasting
Licence to Carry on a Video-on-Demand (VOD)
or a Pay-per-View (PPV) Programming Undertaking

GENERAL INSTRUCTIONS


 
1.
 		 FILING
 
 
 		 •
 		 File electronically via Epass by attaching the application to the Cover Page, which is available on our web site under "File, Register and Epass". Epass allows secure transmissions to the Commission and also authenticates your identity. A signature is not required when using Epass. For more information, see Broadcasting Circular CRTC 2005-466, Electronic filing of applications.
 
 
 		 •
 		 When filing your application, please ensure that the file name of the documents attached to your application form reflects the ascending order in which they should appear on the public file and that each file name include a brief description of the document content. For example, "Doc1-brief description of document"; "Doc2-brief description of document", and so forth. This will ensure that the application and all related documents are presented in the correct order once they are made available for public viewing.
 
 
 		 •
 		 Applicants who are unable to file their application using Epass should contact the Commission’s Specialist, External Liaison, at (819) 953-4405, for information on alternate filing options.
 
2.
 		 INSTRUCTIONS
 
 
 		 •
 		 The following questionnaire is in HTML format and may be downloaded to the word processing software of your choice.  This enables you to complete the downloaded questionnaire by inserting your response in bold letters immediately following the question.  You may add lines to the tables if necessary but do not alter or delete any text from the questionnaire.
 
 
 		 •
 		 You must file the Application Brief, which includes the questions and responses, and the Book of Supporting Documents, identified as Appendices in the questionnaire.
 
 
 		 •
 		 The Application Brief, filed electronically or otherwise, must be divided into sections, and include the numbered questions, as set out in the questionnaire, each followed by the corresponding response.
 

 		 •
 		 If you wish to enhance or clarify your application, such information should be filed as a Supplementary Brief identified as APPENDIX 1A in the Book of Supporting Documents.
 
3.
 		 PUBLIC EXAMINATION FILE
 

 		 •
 		 Copies of the Commission's letters requesting further information and copies of your replies form part of the application and must be available for examination by the public.
 
4.
 		 CONFIDENTIALITY REQUESTS
 

 		 •
 		 Portions of the application may be treated as confidential, at your request, pursuant to section 20 of the CRTC Rules of Procedure.
 

 		 •
 		 The onus is on the applicant to request confidentiality for the information or material and to clearly demonstrate that the public interest will best be served by treating the information as confidential.  For further information, refer to Circular No. 429 dated 19 August 1998.
 

 		 •
 		 Applicants must ensure that documents that they request be treated as confidential are submitted in a separate electronic file and must incorporate confidential in the name of the file. It is incumbent upon applicants to clearly identify the confidential documents by indicating confidential on each page and, in such cases, to file an abridged version of the document.
 
 

For Commission's use

Application number

 

Canadian Radio-television and Telecommunications Commission

Application to Obtain a Broadcasting
Licence to Carry on a Video-on-Demand (VOD)
or a Pay-per-View (PPV) Programming Undertaking

1.  GENERAL INFORMATION


 
NAME OF SERVICE:
 
TYPE OF UNDERTAKING:
 		 National (  )
 		 Regional (  )
Specify:
 
  VOD (  ) Terrestrial PPV (  )
DTH PPV (  )
 
LOCATION OF UNDERTAKING: ________________________________________________________
 
BROADCAST AREA: _________________________________________________________________
 
1.1
 		 IDENTIFICATION OF PROPOSED LICENSEE (hereinafter the applicant)
 

 		 Individual (  )
 		 Company to be incorporated (  )
 

 		 Company (  )  
 		 Other (  ) Specify:  ____________________
 

 		 NAME:
ADDRESS:
FAX:
E-MAIL:

CONTACT PERSON REPRESENTING THE APPLICANT
 (if there is no appointed agent under question 1.2)

NAME:
TITLE:
TELEPHONE:

Please indicate the E-Mail address and FAX number that should be specified in a Public Notice.

FAX:
E-MAIL:
 
1.2
 

APPOINTMENT OF AGENT

I, _________________________, the applicant, hereby appoint _____________________ as my agent for and on my behalf and in my name to sign, file and complete (if necessary) an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect thereto and I do hereby ratify, confirm, and adopt as my own act, such application and all replies made thereto.

Date:
At:
Signature:
ADDRESS OF AGENT:
TITLE:
TELEPHONE:
FAX:
E-MAIL:
 
1.3
 		 DECLARATION OF APPLICANT OR ITS APPOINTED AGENT
 

 		 I, ___________________________________ SOLEMNLY DECLARE THAT:
 

 		 a)
 		 I am the ___________________________ (representative/appointed agent) of the applicant named in this Application Brief and as such have knowledge of all matters declared therein.
 

 		 b)
 		 The statements made in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) to the best of my knowledge and belief true in all respects.
 

 		 c)
 		 The opinions and estimates given in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) based on facts as known to me.
 

 		 d)
 		 I have examined the provisions of the Broadcasting Act and the broadcasting regulations relevant to this application.
 

 

AND I HAVE SIGNED

Signature:

Date:

WITNESSED BY

Signature:

Name (Printed):

Date:

At:
 
1.4
 		 EXAMINATION BY THE PUBLIC

Indicate a location or locations, within the area to be served, where the application may be examined by the general public.

ADDRESS(ES):
 
 

2.  OWNERSHIP


 

 		 Definitions:

(1) NAME/SHAREHOLDER:  If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).
(2) CITIZENSHIP:  Specify Canadian or Non-Canadian.  A CANADIAN citizen, ordinarily resident in Canada, is as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(3) DIRECTORS:  Defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.
(4) OFFICERS:  Those persons designated as Chairman, President, Chief Executive Officer, Vice-President, General Manager, Secretary, Assistant-Secretary, Comptroller, Treasurer, Assistant-Treasurer or any others under similar titles.
(5) CANADIAN:  If a corporation, CANADIAN means a "qualified corporation" as defined in the Direction to the CRTC (Ineligibility of Non-Canadians) P.C. 1997-486 as amended by P.C. 1998-1268.)
(6) VOTING SHARES:  The shares to which are attached one or more votes, and includes securities that are convertible into such shares at all times at the option of the holder.
(7) COMMON SHARES:  The shares that represent the residual equity in the earnings of the corporation, and includes securities that are convertible into such shares at all times at the option of the holder and the preferred shares to which are attached rights to participate in the earnings of the corporation with no upper limit.
 (8) APPLICANT/SHAREHOLDER: Refers to a person who has reached the age of majority.
 
2.1
 		 For the applicant, complete the following tables providing:
 

 		 a)
 		 A list of the directors and officers, including the Chief Executive Officer.
 

 Name of the corporation for which the following table pertains:  

DIRECTORS AND OFFICERS

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION HELD
              

 
b)
 
A list of shareholders holding 10% or more of the voting shares(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Participating
(X)

Votes  

Authorized

Issued

Name of Shareholders(1)
 (company:  provide jurisdiction)
(individual:  provide complete
home address)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)

  

                        

 
c)
 
A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.
 
 Name of the corporation for which the following table pertains:  

Class of
Shares

Shareholders

Total Number of
Shares

% of
Votes

Canadian(2)(5)
(X)
              

2.2
 
Complete the following tables for each corporation holding directly and/or indirectly 20% or more of the voting interest (shares and/or votes) of the applicant:
 

 		 a)
 		 A list of the directors and officers, including the Chief Executive Officer.
 

 Name of the corporation for which the following table pertains:  

DIRECTORS AND OFFICERS

NAME(1)

COMPLETE HOME
ADDRESS

CITIZENSHIP(2)

DIRECTORS(3):
DATE OF
APPOINTMENT

OFFICERS(4):
POSITION HELD
              

 
b)
 
A list of shareholders holding 10% or more of the voting shares(6), of the voting rights (when different from the voting shares), and of the Common(7) (participating) shares, by class of shares.
 
 Name of the corporation for which the following table pertains: 

CAPITAL STRUCTURE AND SHAREHOLDERS 

Shares/
Units

Participating
(X)

Votes  

Authorized

Issued

Name of Shareholders(1)
 (company:  provide jurisdiction)
(individual:  provide complete
home address)

No.
 Held

% of
Votes

Canadian(2)(5)
(X)

  

                        

 
c)
 
A breakdown between Canadian and non-Canadian of the remaining shares not accounted for in b), by class of shares.
 
 Name of the corporation for which the following table pertains:  

Class of
Shares

Shareholders

Total Number of
Shares

% of
Votes

Canadian(2)(5)
(X)
              

2.3
 
Complete the same tables as in 2.2 for each corporation holding, directly and/or indirectly, 20% or more of the voting interest (shares and/or votes) of the corporations listed in 2.2 b), and for any corporation forming part of their ownership chain.
 
2.4
 		 Specify the funds available to finance the proposed transaction:
 

 
 

Equity:

Debt:

Total:
 
2.5
 		 a)
 		 Specify the individual sources of financing for the funds identified in question 2.4 (for example, Bank loans, share capital, other loans).  If any of these persons hold public office, by election or appointment, indicate the office held under the name of the person(s).
 

SOURCE

$
   
   
   

 
b)
 
Where financing is to be provided, in whole or in part, through debt securities, provide the list of proposed debt holders, including names, citizenship or jurisdiction of incorporation (or other form of constitution), designation and description of debt securities held, and the principal amount of each one.
 
SUPPORTING DOCUMENTS TO BE APPENDED:
 
APPENDIX 2A
 		 A copy of all constituting documents (for example, Articles and Certificates of Incorporation, By-Laws, Partnership or Trust Agreement) relating to the applicant and each corporation or other legal entity identified in questions 2.1, 2.2 and 2.3 (provide draft documents where a corporation is not yet incorporated).  If the constituting documents have been filed with the Commission and no changes have occurred since, provide reference to the application that contains the most recent documentation together with a declaration attesting that the information is still accurate and valid as of the date of the filing of the application.
 
APPENDIX 2B
 		 A statement regarding who controls/will control the applicant and by what means; if control is to be held by a shareholder company, also advise who controls/will control it and by what means; if applicable, attach all related documents or agreements (for example, Shareholder Agreement, Voting Trust Agreement).
 
APPENDIX 2C
 		 If the applicant has delegated or will delegate by contract any responsibility, copies of the contracts (or proposed contracts).  If applicable, indicate the legislative authority under which the corporation or other legal entities to such contracts are incorporated or otherwise constituted.
 
APPENDIX 2D
 		 Documentation supporting the availability of each source of financing identified in question 2.5. (NOTE:
 

 		 a)
 		 Where funds are to be provided, directly or indirectly, by a third party institution such as a bank, credit union, etc., submit a signed letter on the institution's stationery containing the following information:
 

 
 
 		 We have examined the financial projections of (Name of applicant) related to the application(s) before the Commission for a licence(s) to provide (type of service) to (location(s)) and we would be prepared to provide financing in the amount of ($) under the following terms and conditions (specify ALL the terms and conditions), subsequent to a favorable decision by the Commission, for the purpose of providing capital and operating funds related to the undertaking(s)."
 

 		 b)
 		 Where funds are to be provided by an individual(s) whether for the purchase of share capital and/or the provision of debt securities, submit a signed statement of net worth from each individual, prepared and notarized within 3 months of the filing of the application.
 

 		 c)
 		 Where funds are to be provided, directly or indirectly, by a corporation or other legal entity other than the applicant or institutions in (a) or (b) above, submit the audited financial statement of the entity for its most recently completed year of operation, and interim financial statements for the period ending within six months of the filing of the application.)
 
 

3.  INDUSTRY CONSOLIDATION AND
CROSS-MEDIA OWNERSHIP


 
3.1
 		 Provide a list of all entities involved in any of the areas listed below, for which any investment (equity and/or debt securities) is held by the applicant, a corporation which directly or indirectly controls the applicant and any shareholder holding 20% or more of the voting interest of the applicant.
 

 		 a)
 		 Other CRTC licence
 

 		 b)
 		 Daily newspaper
 

 		 c)
 		 Non-daily newspaper or other media publisher
 

 		 d)
 		 Production or distribution of programming material
 

 		 e)
 		 Lessor of property, plant or equipment of applicant
 

 		 f)
 		 Telecommunications company regulated under the Telecommunications Act
 

 		 g)
 		 Company owning securities in any of categories (a) to (f)
 
 

4.  FINANCIAL OPERATIONS


 
4.1 Please indicate the name of the independently-administered production fund to which 5% of your annual gross revenues will be contributed.
 
4.2
 		 Confirm that the proposed service will not exhibit any commercial messages (excluding network identifications, public service announcements, production credits, promotions of service and promotions of programs to be exhibited) on any channel of the proposed service.
 

 
 		 YES (  )
 		 NO (  )
 
 

5.  TECHNICAL INFORMATION


 
5.1
 		 Provide a brief summary, from a technical perspective, describing how the proposed service will be delivered to the subscriber, what equipment is needed to deliver the proposed service, and what studio/production facilities, if any, are required.
 
 

6.  PROGRAMMING


 
NATURE OF SERVICE
 
6.1
 		 Language:
 

Language

(Ö)
 English  
 French  
 Bilingual --
             English:
             French:


%      
%      
 Other (specify):

%      

6.2
 
If the proposed service will target an ethnic group(s), please indicate % of ethnic programming as defined in Public Notice CRTC 1999-117: ___________%.
 
6.3 a) Provide a brief description of service which you would accept as a CONDITION OF LICENCE defining the nature of the proposed service, using the programming categories set out in Public Notice CRTC 1999-205:
 

 		 b)
 		 Indicate the program categories from which programming will be drawn (as defined in Public Notice CRTC 1999-205):
 

 
 		 (  )
 		 1
 		 News
 

 
 		 (  )
 		 2a
 		 Analysis and Interpretation
 

 
 		 (  )
 		 2b
 		 Long-form documentary
 

 
 		 (  )
 		 3
 		 Reporting and Actualities
 

 
 		 (  )
 		 4
 		 Religion
 

 
 		 (  )
 		 5a
 		 Formal Education and Pre-school
 

 
 		 (  )
 		 5b
 		 Informal Education/Recreation and Leisure
 

 
 		 (  )
 		 6a
 		 Professional sports
 

 
 		 (  )
 		 6b
 		 Amateur sports
 

 
 		 (  )
 		 7a
 		 Ongoing dramatic series
 

 
 		 (  )
 		 7b
 		 Ongoing comedy series (sitcoms)
 

 
 		 (  )
 		 7c
 		 Specials, mini-series, made-for-TV feature films
 

 
 		 (  )
 		 7d
 		 Theatrical feature films aired on TV
 

 
 		 (  )
 		 7e
 		 Animated television programs and films
 

 
 		 (  )
 		 7f
 		 Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
 

 
 		 (  )
 		 7g
 		 Other drama
 

 
 		 (  )
 		 8a
 		 Music and dance other than 8b or 8c
 

 
 		 (  )
 		 8b
 		 Music video clips
 

 
 		 (  )
 		 8c
 		 Music video programs
 

 
 		 (  )
 		 9
 		 Variety
 

 
 		 (  )
 		 10
 		 Game shows
 

 
 		 (  )
 		 11
 		 General entertainment and human interest
 

 
 		 (  )
 		 12
 		 Interstitials
 

 
 		 (  )
 		 13
 		 Public service announcements (PSAs)
 

 
 		 (  )
 		 14
 		 Infomercials, promotional and corporate videos
 

 
 		 (  )
 		 15
 		 Filler Programming
 
  c) If VOD, please confirm that you will not air live events.
 

 
 


 

 YES (  )
 		 NO (  )
CANADIAN CONTENT
 
6.4
 		 Provide a sample list of titles, indicating the program category of each.  Please indicate all in-house productions with a "p", co-productions with a "c", acquired productions with an "a", closed captioned programs with a "cc" and described programs with a "d".
 
6.5
 		 For VOD service only
  Will you maintain as a CONDITION OF LICENCE for a period of one year, and submit at the request of the Commission, a detailed list of inventory available on each file server identifying each program by programming category, by country of origin, and whether it is captioned and/or described and indicate the period of time that each title was on the server and available to subscribers?
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 
6.6
 		 Provide the number of Canadian titles to be made available to customers on a weekly, monthly and yearly basis:
 
 

Weekly

Monthly

Yearly
 Feature Films      
 All other programming      

6.7
 
Provide the overall number of titles to be made available to customers on a weekly, monthly and yearly basis.
 
 

Weekly

Monthly

Yearly
 Feature Films      
 All other programming      

6.8
 
Provide, as a percentage of total offerings, the number of non-Canadian titles, by country of origin, to be exhibited each year of the proposed licence term.
 

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7
 United States                       
 United Kingdom                      
 France                      
 Other (Specify)                      

6.9
 
Will the exhibition window given to Canadian titles be at least equal to the minimum window given to non-Canadian titles?
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO, provide rationale.
 
6.10
 		 Will Canadian titles be available evenly during all time periods (week, month, year) within which the proposed service is to operate?
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO, provide rationale.
 
6.11
 		 a)
 		 Will the proposed service continue to exhibit any Canadian title that is performing as well, or better than, any non-Canadian title that is also offered at the same time?
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 b)
 		 Describe how the level of performance will be measured:
 
6.12
 		 Will Canadian titles be marketed and promoted as much as non-Canadian titles?
 

 
 
 		 YES (  )
 		 NO (  )
 
6.13 For VOD service only
 

 		 The applicant accepts, by CONDITION OF LICENCE, to maintain availability of the following MINIMUM levels of Canadian Content:
 

 		 •
 		 5% or more English-language films will be Canadian:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 •
 		 8% or more French-language films will be Canadian:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 •
 		 20% or more of all non-feature films titles will be Canadian:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 •
 		 All suitable Canadian films that meet the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services will be available:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 •
 		 25% or more titles promoted on barker channel will be Canadian:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO to any of the above, provide an alternative and explain rationale.
 
  For PPV service only
 

 		 The applicant accepts, by CONDITION OF LICENCE, to maintain availability of the following MINIMUM levels of Canadian Content:
 

 		 If the licensee offers English-language programming, the licensee shall ensure that its agreements with the operators of licensed or exempt terrestrial distribution undertakings operating in non-francophone markets provide that, in each broadcast year, the following is made available by these licensees to their PPV subscribers:
 

 		 •
 		 a minimum of 12 Canadian feature films (including all new Canadian feature films suitable for PPV exhibition that meet the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services);
 
  • a minimum of four English-language Canadian-based events; and
 
  • yearly minimum percentages of Canadian programming as follows: 5% of feature film titles, and 20% of all program titles other than feature films.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If the licensee offers French-language programming, the licensee shall ensure that its agreements with the operators of licensed or exempt terrestrial distribution undertakings operating in francophone markets provide that, in each broadcast year, the following is made available by these licensees to their PPV subscribers:
 
  • a minimum of 20 Canadian feature films in the original French-language version, or dubbed in French, which have been exhibited in theatres in French-language markets, including all new Canadian feature films suitable for PPV exhibition that meet the Industry Code of Programming Standards and Practices;
 
  • a minimum of six French-language events in each of years one and two of operation, eight in each of years three and four; ten in each of years five and six; and twelve in year seven of operation; and
 

 		 •
 		 yearly minimum percentages of Canadian programming as follows: 8% of feature film titles, and 20% of all program titles other than feature films.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO to any of these questions, provide an alternative and explain rationale.
 
6.14
 		 The applicant accepts, by CONDITION OF LICENCE, the following financial commitments:
 

 		 •
 		 5% of gross annual revenues, as defined in Decisions CRTC 2000-733 to 2000-736 dated 14 December 2000, will be given to an existing independently-administered Canadian program production fund:
 

 
 
 		 YES (  )
 		 NO (  )
 
  For VOD service only
 

 		 The applicant accepts, by CONDITION OF LICENCE, the following financial commitments:
 

 		 •
 		 5% of gross annual revenues, as defined in Decisions CRTC 2000-733 to 2000-736 dated 14 December 2000, will be given to an existing independently-administered Canadian program production fund:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 •
 		 Will remit 100% of gross revenues earned from exhibition of all Canadian films to their rights holders:
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If NO to any of the above, provide an alternative and explain rationale.
 
PROGRAMMING POLICIES
 
NOTE:
 		 Applicable to all channels, including any barker or preview channel.
 
6.15
 		 Does the applicant intend to purchase any programming on an exclusive basis?
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 If YES, justify.
 
6.16 For a VOD service only
 

 		 Public Notice CRTC 2000-172, Introductory statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new video-on-demand (VOD) and pay-per-view (PPV) services, states:
 
    "The Commission considers that it would be consistent with the nature of VOD services to permit the VOD services to offer programming packages where the total period during which the programming may be viewed does not exceed one week. "
 
  Please confirm that all program packages will not exceed one week:
 

 
 
 		 YES (  )
 		 NO (  )
 
  For a PPV service only
 
  In Public Notice CRTC 2000-172, Introductory statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new video-on-demand and pay-per-view services, the Commission stated that PPV services offering programming packages must ensure that the total period during which the programming is to be viewed does not exceed one week.  However, in light of the likely competitive pressure on PPV services to experiment arising from the launch of VOD services, the Commission considered it important that PPV services have as much packaging flexibility as VOD services.
 
  The Commission noted that some packages of events programming, such as seasonal sports or a Christmas concert series, make attractive programming packages that naturally continue longer than one week. Such programming is particularly appropriate for PPV services. Therefore, for this reason, the Commission stated that it would not to apply the limitation of one week to packages that are exclusively comprised of events. However, the Commission stated that events programming must be limited to the events themselves and not include "wrap-around" programming that would tend to give the package the characteristics of a specialty service.
 
  Please confirm that all programming packages will not exceed one week with the exception of events as noted above.
 

 
 
 		 YES (  )
 		 NO (  )
 
6.17
 		 Do you intend to distribute adult films or other adult programming on your proposed service? The Industry Code of programming standards and practices governing pay, pay-per-view and video-on-demand services (the Industry Code) appended to Broadcasting Public Notice CRTC 2003-10, 6 March 2003 (Public Notice CRTC 2003-10), defines adult programming as any program that constitutes an "Adult Sex Film" under the Detailed Adult Sex Guidelines established by the Ontario Film Review Board, as amended from time to time.
 

 		 If YES:

 		 • Please provide a proposed internal policy on adult programming as set out in Public Notice 2003-10.
 
6.18
 		 The applicant accepts, by CONDITION OF LICENCE, to adhere to:
 

 		 a)
 		 the Industry code of programming standards and practices governing pay, pay-per-view and video-on-demand services (Public Notice 2003-10 dated 6 March 2003), as amended from time to time and approved by the Commission.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 b)
 		 the Pay Television and Pay-Per-View Programming Code Regarding Violence (Public Notice 1994-155 dated 21 December 1994), as amended from time to time and approved by the Commission.
 

 
 
 		 YES (  )
 		 NO (  )
 

 		 c)
 		 the Canadian Association of Broadcaster's Sex-Role Portrayal Code for Television and Radio Programming (Public Notice 1990-99 dated 26 October 1990), as amended from time to time and approved by the Commission.
 

 
 
 		 YES (  )
 		 NO (  )
 
CULTURAL DIVERSITY
 
6.19
 		 Describe how the proposed programming will reflect the presence of cultural, ethnic, and racial minorities and Aboriginal peoples in Canada, in a manner that is accurate, fair and non-stereotypical.
 
SERVICE TO THE HEARING IMPAIRED
 
6.20 a) The Commission generally considers that French- and English-language services should work towards closed-captioning levels of at least 90% of all programming.  For each year of the proposed licence term, set out the minimum % of titles that will be captioned:
 

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7
 English               
 French              
 Ethnic              

 
b)
Does the applicant commit to close-caption at least 90% of all titles beginning in year 6 of the licence term?
 

 
 
 		 YES (  )
 		 NO (  )
 
  c) Would you accept the above commitments as a CONDITION OF LICENCE?
 

 
 
 		 YES (  )
 		 NO (  )
 
  d) If NO to b) or c), explain.
 
6.21
 		 a)
 		 Please confirm that the proposed service will provide, for the ease of ordering, offices with telephone devices for the deaf (TDD) and that the number will be publicized.
 

 
 
 		 YES (  )
 		 NO (  )
 
SERVICE TO THE VISUALLY IMPAIRED
 
6.22
 		 Describe the steps you will take to make your proposed service accessible to people who are blind or visually impaired.  For example, how will a visually impaired person order from your proposed service?
 
6.23
 		 Describe your plans to provide audio description of textual, graphic design and still image elements that are posted on the screen, such as phone numbers (that is, for barker channel previews/instructions/descriptions).
 
6.24
 		 Describe your plans to provide titles with video description, including the extent to which the applicant will be technically capable of providing a descriptive video.
 
6.25
 		 a)
 		 For each year of the proposed licence term, set out the minimum percentage of titles that you are prepared to describe.
 

YEAR 1

YEAR 2

YEAR 3

YEAR 4

YEAR 5

YEAR 6

YEAR 7
 MINIMUM Percentage of
 Described Titles		              

 
b)
 
Would you accept these levels as a CONDITION OF LICENCE?
 

 
 
 		 YES (  )
 		 NO (  )
 

 
 		 If NO, explain.
 
DISTRIBUTION/AFFILIATION
 
6.26
 		 Provide a list of the various affiliates to the proposed service and indicate those who have already agreed to carry the proposed service.
 

Affiliate

Carriage of Service Agreement
(X)
   

6.27
 
Does the agreement with affiliates include the maintenance of a record of the service's programming distributed by each affiliate?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 
6.28
 		 Does the agreement with the service's affiliates include the necessity to distribute the closed captioned and/or described portion of the signal?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 
6.29
 		 For a VOD service only
  The applicant accepts, by CONDITION OF LICENCE, not to enter into an affiliation agreement with the licensee of a distribution undertaking unless the agreement incorporates a prohibition against the linkage of its service with any non-Canadian discretionary service.
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 

 		 For a terrestrial PPV service only
  The applicant accepts, by CONDITION OF LICENCE, not to enter into an affiliation agreement with the licensee of a terrestrial distribution undertaking unless the agreement incorporates a prohibition against the linkage of the licensee's PPV service with any non-Canadian discretionary service.
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 

 		 For a DTH PPV service only
  The applicant accepts, by CONDITION OF LICENCE, not to enter into an affiliation agreement with the licensee of a DTH distribution undertaking unless the agreement incorporates a prohibition against the linkage of the licensee's PPV service with any non-Canadian discretionary service.
 

 
 		 YES (  )
 		 NO (  )
 

 		 If NO, explain.
 
 

7.  EMPLOYMENT EQUITY

Information relating to employment equity is available
in Public Notices CRTC 1992-59 and 1997-34.
 
7.1
 		 If the proposed undertaking is approved, would the licensee be subject to the 1996 Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, do not complete the remainder of this section.
If NO, proceed to question 7.2.
 
7.2
 		 If the undertaking is approved, would the licence be held by a licensee that already holds one or more broadcasting licence(s)?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, specify and proceed to question 7.3.
If NO, proceed to question 7.7.
 
7.3
 		 Outline examples of any measures (including hiring and training, apprenticeship programs, work arrangements, etc.) that you have or will put in place for the designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities).
 
QUESTIONS 7.4 TO 7.6 -- APPLICABLE IF BETWEEN 25 AND 99 EMPLOYEES:
 
7.4
 		 How do you or will you communicate details of your employment equity policies to managers and staff?
 
7.5
 		 Have you assigned or will you assign a senior level person to be responsible for tracking progress and monitoring results?
 

 
 		 YES (  )
 		 NO (  )
 

 		 If YES, what authority does or will that person have to ensure goals are achieved?
 
7.6
 		 What financial resources have you or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for persons with disabilities, etc.)?
 
QUESTIONS 7.7 AND 7.8 -- APPLICABLE IF RESPONSE TO QUESTION 7.2 IS "NO"
 
7.7
 		 To what extent will the proposed undertaking address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities)?
 
7.8
 		 Does the proposed undertaking have an employment equity (EE) plan?
 

 
 		 YES (  )
 
 

 		 If YES, please describe the principal measures proposed to recruit and assist members of the four designated groups (for example, work arrangements, apprenticeship or training programs, career counselling, etc.).
 

 
 		 NO (  )
 
 

 		 If NO, please provide a statement indicative of your commitment to develop and implement an effective EE plan.
 

BOOK OF SUPPORTING DOCUMENTS


 

APPENDIX NUMBER AND NAME

APPENDED
(Yes or No)

E-FILED
(Yes or No)

SECTION 1:  GENERAL INFORMATION

1A

  Supplementary Brief    

SECTION 2:  OWNERSHIP

2A

 Constituting Documents (or drafts)    

2B

 Statement on Control of Applicant    

2C

 Delegation of Responsibility by Contract    

2D

 Documentation Supporting Availability of each Source of
 Financing		    


This document is available in alternative format upon request.
CRTC 112 (2006-06-13) - New - VOD and PPV
version française disponible

***End of Document***