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Broadcasting Public Notice CRTC 2006-94

  Ottawa, 28 July 2006
 

Call for comments on the proposed addition of Indus Music to the lists of eligible satellite services for distribution on a digital basis

1.

The Commission has received a requested dated 9 June 2006 from Rogers Cable Communications Inc. (Rogers) for the addition of Indus Music, a non-Canadian third-language service, to the lists of eligible satellite services for distribution on a digital basis (the digital lists). Rogers described the service as follows:

 

Indus Music is a 24-hour niche music service based in Pakistan. The service broadcasts in the Urdu language and offers programming from the following categories: lifestyle/human interest/recreation and leisure and music. Approximately 90% of the service’s programming schedule consists of programming that is within the music genre.

2.

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 digital lists. The Commission also specified the information that Canadian sponsors must file in support of their requests.

3.

In Public Notice 2004-96, the Commission stated that, going forward, requests to add non-Canadian, third-language, general interest services to the digital lists would generally be approved, subject, as appropriate, to new distribution and linkage requirements.1 In the case of non-Canadian third-language services that provide narrowly targeted or "niche" programming, the Commission stated that it would continue to apply a case-by-case assessment to determine whether the service is partially or totally competitive with Canadian services.

4.

The Commission also stated in Public Notice 2004-96 that, in applying the competitiveness test to these non-Canadian services, it would not take into consideration any unlaunched ethnic Category 2 service, unless the prospective operator of such a service presented compelling evidence that the launch of its service was imminent. Such evidence could include distribution agreements or ongoing negotiations, programming contracts or negotiations with non-Canadian program suppliers, and licence fees paid to Canadian content suppliers.

5.

Finally, the Commission stated that, in assessing niche services, there may be cases where, rather than denying authorization, it might be prepared to consider adopting distribution requirements similar to those adopted for general interest third-language services.
 

Call for comments

6.

The Commission calls for comments on Rogers’ request for the addition of Indus Music to the digital lists. Parties submitting comments on the request should also submit a true copy of their comments to the Canadian sponsor, Rogers, at the following address:
 

Rogers Cable Communications Inc.
333 Bloor Street East, 9th Floor
Toronto, Ontario
M4W 1G9
e-mail: cable.regulatory@rci.rogers.com 
Facsimile: 416-935-4875

7.

Proof that comments have been sent to Rogers must accompany the original version of the comments sent to the Commission.

8.

Comments on Rogers’ request must be received by the Commission no later than 28 August 2006. A copy of the comments must be received by Rogers no later than the deadline for receipt of comments by the Commission.

9.

Rogers may file a written reply to any comments received concerning its request. This reply should be filed with the Commission, and a copy sent to the person who submitted the comments, by no later than 13 September 2006.

10.

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.
 

Procedures for filing comments

11. Interested parties can file their comments to the Secretary General of the Commission:
 
  • by using the
    Broadcasting Intervention/Comments Form
  •  

    OR

     
  • by mail to
    CRTC, Ottawa, Ontario K1A 0N2
  •  

    OR

     
  • by fax at
    819-994-0218
  • 12.

    Submissions longer than five pages should include a summary.

    13.

    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.
     

    Important notice

    14.

    Note that all information that you provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission’s web site at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s web site. This information includes your personal information, such as your full name, e-mail address, postal/street address, telephone and facsimile number(s), and any other personal information you provide.

    15.

    Documents received electronically or otherwise will be put on the Commission’s web site in their entirety exactly as you send them, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

    16.

    The personal information you provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

    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.
     

    Examination of public comments and related documents at the following Commission offices during normal business hours

      Toll-free telephone: 1-877-249-2782
    Toll-free TDD: 1-877-909-2782
      Central Building
    Les Terrasses de la Chaudière
    1 Promenade du Portage, Room 206
    Gatineau, Quebec K1A 0N2
    Tel: 819-997-2429
    Fax: 819-994-0218
      Metropolitan Place
    99 Wyse Road
    Suite 1410
    Dartmouth, Nova Scotia B3A 4S5
    Tel: 902-426-7997
    Fax: 902-426-2721
      205 Viger Avenue West
    Suite 504
    Montréal, Quebec  H2Z 1G2
    Tel: 514-283-6607
      55 St. Clair Avenue East
    Suite 624
    Toronto, Ontario M4T 1M2
    Tel: 416-952-9096
      Kensington Building
    275 Portage Avenue
    Suite 1810
    Winnipeg, Manitoba R3B 2B3
    Tel: 204-983-6306
    TDD: 204-983-8274
    Fax: 204-983-6317
      Cornwall Professional Building
    2125 - 11th Avenue
    Room 103
    Regina, Saskatchewan S4P 3X3
    Tel: 306-780-3422
      10405 Jasper Avenue
    Suite 520
    Edmonton, Alberta T5J 3N4
    Tel: 780-495-3224
      530-580 Hornby Street
    Vancouver, British Columbia V6C 3B6
    Tel: 604-666-2111
    TDD: 604-666-0778
    Fax: 604-666-8322
      Secretary General
      This document 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
      Footnote:
    1 The current requirements are set out in Distribution and linkage requirements for Class 1 and Class 2 licensees, Broadcasting Public Notice CRTC 2005-119, 14 December 2005, and Linkage requirements for direct-to-home (DTH) satellite distribution undertakings, Broadcasting Public Notice CRTC 2005-120, 14 December 2005.

    Date Modified: 2006-07-28

     
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