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Broadcasting Decision CRTC 2005-247
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Ottawa, 16 June
2005 |
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SIRIUS Canada Inc.
Across Canada |
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Application 2003-1885-9
Public Hearing in the National Capital Region
1 November 2004 |
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Satellite subscription radio undertaking
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The Commission approves
the application by SIRIUS Canada Inc. (Sirius Canada) for a broadcasting
licence to carry on a satellite subscription radio undertaking, subject
to the conditions of licence set out in the appendix to this decision. |
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Upon licensing, Sirius
Canada will be owned by the Canadian Broadcasting Corporation, Standard
Radio Inc. and Sirius Satellite Radio Inc., an American corporation. |
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By condition of licence, the
licensee must provide a minimum of eight original Canadian-produced
channels at the beginning of operations, and may distribute, to any
Canadian subscriber, a maximum of nine non-Canadian-produced channels
for each original Canadian-produced channel that it distributes. A
minimum of 85% of the musical selections broadcast on all
Canadian-produced channels, considered together, must be Canadian
selections. |
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The licensee must also, by
condition of licence, distribute a minimum of three French-language
original Canadian-produced channels at the beginning of operations and
at any time, not less than 25% of the original Canadian-produced
channels offered by the undertaking must be French-language channels. A
minimum of 65% of all category 2 (popular music) vocal musical
selections broadcast on each French-language channel must be
French-language selections. |
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The Sirius Canada application
was one of three applications for subscription radio undertakings
considered at the 1 November 2004 public hearing. The Commission’s
general approach to these applications is set out in Introduction
to Broadcasting Decisions CRTC 2005-246 to 2005-248: Licensing of
new satellite and terrestrial subscription radio undertakings,
Broadcasting Public Notice CRTC 2005-61,
of today’s date (Public Notice 2005-61). |
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Sirius Canada must provide
written confirmation, within 150 days of this decision, that it accepts
the terms and conditions set out in this decision and in the licensing
framework set out in Public Notice 2005-61,
including any necessary revisions to its agreements with its American
partner. Failure to provide such confirmation within the required
timeframe shall render this decision null and void. |
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Overview of the application
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1. |
The Commission received an
application by SIRIUS Canada Inc. (Sirius Canada) for a broadcasting
licence to carry on a satellite subscription radio undertaking. |
2. |
Upon licensing, Sirius Canada
would be owned by the Canadian Broadcasting Corporation (CBC), Standard
Radio Inc. (Standard) and Sirius Satellite Radio Inc. (Sirius), an
American corporation. Pursuant to a Shareholder Agreement dated 6 July
2004, it was agreed that, upon approval of the application, the CBC
would become a shareholder with a 40% voting interest. As a result,
Standard would also hold a 40% voting interest and the remaining 20%
would be held by Sirius. |
3. |
Pursuant to a Licensing and
Service Agreement (LSA) between Sirius and Sirius Canada dated 6 July
2004, Sirius has agreed to provide certain elements of operations such
as programming and technology as well as a number of services and
licences to Sirius Canada in exchange for an increased level of
non-voting interest in Sirius Canada. Sirius may also earn additional
licence fees if gross revenues reach a certain threshold per month. The
Commission is satisfied that the LSA does not provide a level of
influence to Sirius that would be sufficient to jeopardize Sirius
Canada’s ability to hold a licence. |
4. |
The applicant indicated that
the undertaking would deliver a package of radio channels to subscribers
for a basic monthly fee of $12.95. |
5. |
Sirius Canada originally
proposed to distribute the CBC’s existing Radio One and La Première
Chaîne radio services, two new channels (one in English and one in
French) produced by the CBC, and 74 American channels provided by
Sirius, one of two companies that provides satellite radio service in
the United States. |
6. |
Subsequent to the submission of
its application, Sirius Canada proposed to add a fifth Canadian-produced
channel that would be programmed by Standard. At the hearing, Sirius
Canada indicated that it would add three more Canadian-produced channels
to its service when it has 300,000 subscribers or if additional
satellite capacity becomes available from Sirius. It further advised
that the number of programming channels originating from its American
partner had increased to 120. |
7. |
Sirius Canada committed to
contribute 5% of the revenues of its service to Canadian talent
development (CTD), submitting that this level of funding was consistent
with the general standard adopted for broadcasting distribution
undertakings set out in the Broadcasting Distribution Regulations.
Based on its revenue projections for the first licence term, this
percentage commitment would represent $21.5 million over 7 years in
contributions to CTD initiatives. The applicant also proposed to
allocate its CTD contributions equally between initiatives for the
development of Canadian English- and French-language talent. |
8. |
The Sirius Canada application
was one of three applications for subscription radio undertakings
considered at the 1 November 2004 public hearing. The Commission’s
general approach to these applications, including a licensing framework
for satellite subscription radio undertakings, is set out in Introduction
to Broadcasting Decisions CRTC 2005-246 to 2005-248: Licensing of
new satellite and terrestrial subscription radio undertakings,
Broadcasting Public Notice CRTC 2005-61,
of today’s date (Public Notice 2005-61).
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Interventions
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9. |
The Commission received more
than 300 interventions in support of this application. Interventions
raising concerns and addressing policy issues associated with the
licensing of satellite subscription radio undertakings are discussed
in Public Notice 2005-61. |
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The Commission’s analysis and determinations
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Canadian channels
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10. |
Sirius Canada proposed to offer
the following five Canadian-produced channels at the beginning of
operations. |
11. |
Radio One: Sirius Canada
would rebroadcast the CBC’s existing English-language Radio One service.
Approximately 80% of Radio One’s service consists of spoken word
programming with the remainder made up of music. By condition of
licence, the CBC must ensure that at least 50% of all category 2
(popular music) and at least 20% of all category 3 (special interest
music) musical selections broadcast on Radio One during each broadcast
week are Canadian selections.1 |
12. |
La Première Chaîne:
Sirius Canada would rebroadcast the CBC’s existing French-language La
Première Chaîne radio service. Like Radio One, La Première Chaîne is
oriented to spoken word programming. With respect to music programming,
the CBC must, by condition of licence, ensure that at least 50% of all
category 2 (popular music) and at least 20% of all category 3 (special
interest music) musical selections broadcast on La Première Chaîne
during each broadcast month are Canadian selections.2 |
13. |
Radio Three: Radio Three
would be a new English-language music-oriented channel based on an
existing Internet service offered by the CBC. Radio Three would be aimed
at young adults, and would showcase new and upcoming Canadian musicians,
artists, writers and creators. Sirius Canada indicated that a minimum of
75% of the category 2 and at least 50% of the category 3 musical
selections broadcast on Radio Three each week would be Canadian
selections. |
14. |
Bandeàpart: Bandeàpart
would be a new French-language music-oriented channel produced by the
CBC that would be dedicated to new music, emerging talent and
youth-oriented programming. Sirius Canada indicated that a minimum of
65% of the category 2 and at least 50% of category 3 musical selections
broadcast each week on Bandeàpart would be Canadian selections. |
15. |
The Wave: This new
English-language channel would be produced by Standard and would feature
only Canadian musical selections. The Wave would focus on emerging and
independent Canadian artists, including Aboriginal artists. |
16. |
Sirius Canada further stated
that it would add three more Canadian-produced channels to its service
when it has 300,000 subscribers, or if additional capacity becomes
available, one of which would be a French-language channel. |
17. |
In Public Notice 2005-61,
the Commission set out a framework under which it would license satellite
subscription radio undertakings. In Public Notice 2005-61,
the Commission indicated that it considered that the number of Canadian
channels proposed by the applicants for satellite subscription radio
undertakings at the 1 November 2004 public hearing was not sufficient,
and that it was inappropriate for such undertakings to rebroadcast
existing radio services in their entirety. Consequently, the Commission
indicated that it would require licensees of such undertakings, including
Sirius Canada, to distribute a minimum of eight original Canadian-produced
channels from the outset of operations. An "original Canadian-produced
channel" is defined as a channel produced in Canada that consists
of programming not less than 50% of which is produced for and broadcast
for the first time on that channel. Consequently, it will be necessary
for Sirius Canada to ensure that at least 50% of the programming on
the channels on which it originally proposed to distribute Radio One
and La Première Chaîne qualifies as original Canadian programming.
The Commission further indicated that a satellite subscription radio
undertaking would be permitted to distribute, to any Canadian subscriber,
a maximum of nine non-Canadian produced channels for each original
Canadian-produced channel that it distributes, and that no subscriber
would be permitted to receive a package of channels where original
Canadian-produced channels constituted less than 10% of the channels
received. Conditions of licence to this effect are set out
in the appendix to this decision. As well, the Commission indicated
that it expects at least 60% of the original Canadian-produced channels
distributed by satellite subscription radio undertakings to be music
channels. |
18. |
In accordance with the licensing
framework set out in Public Notice 2005-61,
the Commission is also imposing conditions of licence requiring
Sirius Canada to devote a minimum of 85% of the total musical selections
broadcast on all Canadian-produced channels, considered together,
to Canadian selections, and to devote a minimum of 85% of the total
spoken word programming broadcast on all Canadian-produced channels,
considered together, to Canadian spoken word programming. These conditions
are also set out in the appendix to this decision. |
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French-language channels
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19. |
As indicated above, the
applicant originally proposed to offer two French-language channels,
both produced by the CBC. In Licences for CBC French-language
television and radio renewed for a seven-year term, Decision CRTC
2000-2, 6 January 2000, the Commission stated that it expected the CBC
to ensure that at least 85% of the vocal musical selections broadcast
each month on La Première Chaîne are French-language vocal music
selections, and to limit English-language vocal music selections, which
must be Canadian, to 5% of all vocal musical selections broadcast. With
respect to the other French-language service, Bandeàpart, Sirius Canada
proposed that at least 75% of the vocal selections broadcast each week
would be devoted to French-language vocal selections. Sirius Canada
further indicated that at least 67% of the French-language musical
selections broadcast on Bandeàpart would be Canadian selections. |
20. |
As noted above, Sirius Canada
indicated that it would also offer a third French-language channel. |
21. |
In Public Notice 2005-61,
the Commission determined that it was appropriate to require each
satellite subscription radio undertaking to distribute a minimum of
three French-language original Canadian-produced channels from the
outset of operations, and to require that not less than 25% of the
original Canadian-produced channels are French-language original Canadian-produced
channels. Conditions of licence to this effect are set out
in the appendix to this decision. |
22. |
Further, in accordance with the
licensing framework set out in Public Notice 2005-61,
the Commission is imposing a condition of licence requiring
the licensee to ensure that at least 65% of the category 2 vocal musical
selections broadcast on each Canadian-produced French-language channel
during each week are French-language selections. This condition
of licence is also set out in the appendix to this decision. |
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New Canadian music and emerging talent
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23. |
Sirius Canada submitted that
one of the benefits of approving its application is that its proposed
undertaking would provide exposure for new Canadian music that receives
little or no airplay on conventional radio stations. |
24. |
In Public Notice 2005-61,
the Commission stated that it considered that it was appropriate to
require each satellite subscription radio undertaking to ensure that,
between 6 a.m. and midnight each week on each Canadian music channel,
a minimum of 25% of the musical selections broadcast will be new Canadian
musical selections, and a minimum of 25% will be Canadian selections
by artists who have not had a musical selection that has reached a
position on one or more of the charts identified in the list set out
in Circular 445, 14 August 2001, as may be amended from time to time.
A condition of licence to this effect is set out in the appendix
to this decision. |
25. |
For the purposes of this
condition, a "new Canadian musical selection" is a Canadian selection
that has been released in the 6 months prior to the date that the
musical selection is broadcast. The Eastern time zone will be used when
determining compliance with this condition of licence. The licensee will
also be responsible for specifying on the music lists it provides to the
Commission, the release date of all musical selections it broadcasts. |
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Canadian talent development
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26. |
Sirius Canada proposed to
devote 5% of gross annual revenues to CTD. Based on the applicant’s
projections, this would amount to approximately $21.5 million over seven
years. Sirius Canada further indicated that it would guarantee that at
least $1.2 million was spent on CTD during the first two years of
operations, when revenues would be lower. The applicant indicated that
it would split its annual expenditures on CTD equally between
initiatives supporting Canadian English-language talent and initiatives
supporting Canadian French-language talent as set out below. |
27. |
The applicant proposed to
allocate its commitment to devote 5% of gross annual revenues to CTD
expenditures as follows: |
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FACTOR and MusicAction
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28. |
Sirius Canada proposed to
allocate 2.5% of gross annual revenues, or half of its proposed CTD
contribution, equally between Fund to Assist Canadian Talent on Record
(FACTOR) and MusicAction. This contribution would be earmarked to assist
Canadian artists in building an international profile through touring
and other means. Sirius Canada considered that this emphasis would
complement the nature of the Sirius undertaking, which would be
receivable across North America and therefore provide exposure of
Canadian artists in the United States as well as in Canada. |
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Artist support fund
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29. |
Sirius Canada proposed to
allocate 2.5% of gross annual revenues, or half its proposed CTD
contribution, to an "artist support fund." This fund would support a "CTD
coordinator" initiative and a "travel and talent costs for
Canadian artists" initiative. |
30. |
It proposed to hire a CTD
coordinator who would live in New York City. This coordinator would
promote new Canadian artists and their recordings to Sirius staff in the
United States, and coordinate appearances by Canadian artists on Sirius
channels that originate in the US. |
31. |
Sirius Canada would support
travel and talent costs for Canada artists by funding: |
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- travel and talent costs to send Canadian artists to Sirius studios
for performances on Sirius channels;
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- showcases in New York City for Canadian artists with two such
showcases in each of the first three years of operation, and four
showcases beginning in year 4; and
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- a national talent hunt for Canadian musical talent, with winners
receiving a recording contract, and the resulting CD would being
played on Sirius channels.
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32. |
At the hearing, Sirius Canada
indicated that it would also allocate money to support Canadian campus
and community radio. |
33. |
The Commission considers that
Sirius Canada has proposed valuable initiatives for CTD. In the licensing
framework for satellite subscription radio undertakings set out in
Public Notice 2005-61,
the Commission stated that it would require such undertakings to contribute
5% of gross annual revenues to CTD, with 50% of the total contribution
allocated to the development of Canadian French-language talent and
50% allocated to the development of Canadian English-language talent.
Conditions of licence to this effect are set out in the appendix
to this decision. |
34. |
Further, the Commission is
imposing a condition of licence that requires Sirius Canada to
file a report on the fulfilment of its CTD commitments with each annual
return. This condition is set out in the appendix to this decision. |
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Advertising and local programming
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35. |
Sirius Canada indicated that it
would not broadcast original local programming on its Canadian-produced
channels, nor did it plan to carry any commercial messages on those
channels. |
36. |
In Public Notice 2005-61,
the Commission indicated that it considered it appropriate to require
satellite subscription radio undertakings not to broadcast any programming
that targets a particular geographic community, including local commercial
messages. However, the Commission determined that it would allow such
undertakings to broadcast up to six minutes of national commercial
messages per hour on each channel. Conditions of licence to
this effect are set out in the appendix to this decision. |
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Adherence to regulations and industry codes
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37. |
Sirius Canada committed to be
accountable for the content of all programming broadcast on all
Canadian-produced and non-Canadian-produced channels distributed by the
proposed undertaking. It undertook not to broadcast anything in
contravention of the law, any abusive comment, or any obscene or profane
language. Sirius Canada also committed to adhere to the Canadian
Association of Broadcasters’ (CAB) Sex-role Portrayal Code for
Television and Radio Programming. |
38. |
Sirius Canada further indicated
that it would consider offering a "Family Plan" package to subscribers,
which would exclude programming considered to be adult in nature. |
39. |
In accordance with the licensing
framework for satellite subscription radio undertakings set out in
Public Notice 2005-61,
the Commission will require Sirius Canada, by condition of licence,
to adhere to relevant provisions of the Radio Regulations, 1986,
as well as to the CAB Sex-role Portrayal Code for Television
and Radio Programming and the Broadcast Code for Advertising
to Children. It will also require Sirius Canada to maintain program
logs for all Canadian-produced channels, logger tapes for all Canadian-produced
channels and any non-Canadian-produced channels that the Commission
may designate from time to time, and music lists for all channels
that it distributes. |
40. |
The Commission directs Sirius
Canada to file, within 150 days of the release of this decision,
internal guidelines for dealing with complaints from listeners for the
Commission’s approval. Once these guidelines have been approved, the
Commission expects the applicant to apply these guidelines to the
consideration of any complaints that are received. |
41. |
The Commission also expects
Sirius Canada to create a designation that will be used to identify any
channels that broadcast potentially offensive content. In the event that
Sirius Canada should decide to broadcast open line programming, the
Commission expects it to adhere to the Commission’s Policy regarding
open-line programming, Public Notice CRTC 1988-213, 23 December
1988. |
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Employment equity
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42. |
In accordance with the
applicant’s commitments, the Commission expects initiatives for Sirius
Canada to be included in the employment equity plan in place for the CBC. |
43. |
In accordance with Implementation of an
employment equity policy, Public Notice CRTC 1992-59, 1 September
1992, the Commission encourages the licensee to consider employment
equity issues in its hiring practices and in all other aspects of its
management of human resources. |
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Cultural diversity
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44. |
The Commission expects Sirius
Canada to reflect the cultural diversity of Canada in all of its
programming, and encourages it to promote those channels that are
targeted to specific cultural groups. |
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Conclusion
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45. |
The Commission approves
the application by SIRIUS Canada Inc. and, consistent with the approach
set out in Public Notice 2005-61,
will issue a broadcasting licence to carry on a satellite subscription
radio undertaking. The licence will expire on 31 August 2011 and will
be subject to the conditions of licence set out in the appendix
to this decision. |
46. |
The Commission notes that,
while Sirius Canada will provide national service by satellite, it has
also proposed to establish a number of terrestrial transmitters to fill
in areas where coverage is deficient. The Commission’s approval of the
terrestrial transmitters is based on the technical submissions filed
with the application. The applicant must also obtain technical
certification from the Department of Industry (the Department) on the
basis of requirements set out in Annex 1 of the Department’s letter to
the Commission and copied to the applicant entitled Issuance of
technical broadcasting certificates for applications authorized to
provide subscription radio services, 21 September 2004. Sirius
Canada must also provide the Commission with a copy of all technical
submissions, including coverage maps, that it sends to the Department. |
47. |
The Commission reminds the
applicant that, pursuant to section 22(1) of the Broadcasting Act,
no licence may be issued until the Department notifies the Commission
that its technical requirements have been met, and that a broadcasting
certificate will be issued. |
48. |
The licence for this
undertaking will be issued when : |
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a) the applicant has informed the Commission in writing that it is
prepared to commence operations; and
b) the applicant has filed, to the Commission’s satisfaction, an
amended Shareholder Agreement with the CBC, Standard and Sirius as
registered shareholders of Sirius Canada.
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49. |
The undertaking must be
operational at the earliest possible date and in any event no later than
24 months from the date of this decision, unless a request for an
extension of time is approved by the Commission before 16 June 2007. In
order to ensure that such a request is processed in a timely manner, it
should be submitted at least 60 days before this date. |
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Confirmation required
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50. |
Sirius Canada must provide written
confirmation, within 150 days of this decision, that it accepts the
terms and conditions set out in this decision and in the licensing
framework set out in Public Notice 2005-61,
including any necessary revisions to its agreements with its American
partner. Failure to provide such confirmation within the required
timeframe shall render this decision null and void. |
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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 2005-247
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Conditions of licence for the satellite subscription radio
undertaking licensed to SIRIUS Canada Inc.
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1. (a) The licensee shall provide a national satellite
subscription radio undertaking consisting of original
Canadian-produced channels and non-Canadian channels. The licensee
is authorized to distribute the services of Sirius Satellite Radio
Inc. in accordance with the terms of the conditions of licence set
out below.
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(b) The licensee shall distribute a minimum of eight original
Canadian-produced channels.
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(c) The licensee may distribute, to any Canadian subscriber, a
maximum of nine non-Canadian-produced channels for each original
Canadian produced channel that it distributes.
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(d) In no case may a subscriber receive a package of channels
where original Canadian-produced channels constitute less than 10
percent of total channels received.
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For purposes of this condition of licence, an "original
Canadian-produced channel" is a channel produced in Canada that
consists of programming not less than 50% of which is produced for and
broadcast for the first time on that channel.
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2. The licensee shall, in a week, devote a minimum of 85% of the
total musical selections broadcast on all Canadian-produced channels,
considered together, to Canadian selections as defined in section
2.2(2) of the Radio Regulations, 1986.
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3. The licensee shall, in a week, devote at least 85% of the total
spoken word programming broadcast on all Canadian-produced channels,
considered together, to Canadian spoken word programming.
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For purposes of this condition of licence "Canadian spoken word
programming" means programming other than musical selections or
commercial messages that is produced in Canada and where a Canadian is
the primary performer or speaker.
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4. (a) The licensee shall distribute a minimum of three
French-language original Canadian-produced channels.
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(b) Not less than 25% of the original Canadian-produced channels
distributed by the licensee shall consist of French-language
original Canadian-produced channels.
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For purposes of this condition of licence, an "original
Canadian-produced channel" is a channel produced in Canada that
consists of programming not less than 50% of which is produced for and
broadcast for the first time on that channel.
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5. The licensee shall, during a week, on each French-language
channel, devote 65% or more of its vocal musical selections from
content category 2 to musical selections in the French language and
schedule them in a reasonable manner throughout each day.
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6. The licensee shall devote, between 6 a.m. and midnight each week
on each Canadian music channel, a minimum of 25% of the musical
selections broadcast to new Canadian musical selections, and a minimum
of 25% of the musical selections broadcast to Canadian selections by
artists who have not had a musical selection that has reached a
position on one or more of the charts identified in the list set out
in Circular 445, 14 August 2001, as may be amended from time to time.
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For the purposes of this condition of licence,
a "new Canadian musical selection" is a Canadian selection that has
been released in the 6 months prior to the date that the musical
selection is broadcast. The Eastern time zone will be used for
purposes of determining compliance with this condition of licence. The
licensee will also be responsible for specifying on the music lists it
provides to the Commission, the release date of all musical selections
it broadcasts.
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7. (a) During each broadcast year, the licensee shall contribute
a minimum of 5% of gross revenues from its satellite subscription
radio undertaking to eligible third parties directly connected to
the development of Canadian musical and other artistic talent or
other initiatives approved by the Commission. For purposes of this
condition of licence, "eligible third parties" shall have the
definition set out in Contributions by radio stations to Canadian
talent development – A new approach, Public Notice CRTC
1995-196, 17 November 1995, as amended from time to time by the
Commission.
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(b) Fifty per cent of the licensee’s total annual contribution to
Canadian talent development shall be allocated to initiatives for
the development of Canadian French-language talent, and fifty
percent shall be allocated to initiatives for the development of
Canadian English-language talent.
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(c) The licensee shall file a report on the fulfilment of its
commitments with respect to Canadian talent development with each
annual return. The report shall set out the initiatives that the
licensee has supported, the amount spent on each initiative, as well
as the total amounts devoted to initiatives for the development of
French-language and English-language talent.
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8. The licensee shall not broadcast any original local programming
on a Canadian-produced channel. For the purpose of this condition of
licence "original local programming" means programming produced by the
licensee for broadcast on the satellite subscription
radio undertaking that targets a particular geographic
community and includes, but is not limited to, commercial messages,
news, weather and traffic information.
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9. The licensee shall broadcast no more than six minutes of
national commercial messages during any clock hour on any
Canadian-produced channel. For purposes of this condition of licence a
"national commercial message" is a commercial message that is
purchased at a national rate and receives national distribution on the
service.
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10. The licensee shall adhere to sections 3, 4, 6,10.1 (with
respect to its terrestrial transmitters) and 11 of the Radio
Regulations, 1986.
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11. The licensee shall adhere to the guidelines on gender portrayal
set out in the Canadian Association of Broadcasters’ (CAB) Sex-Role
Portrayal Code for Television and Radio Programming, as amended
from time to time and approved by the Commission. The application of
the foregoing condition of licence will be suspended as long as the
licensee is a member in good standing of the Canadian Broadcast
Standards Council.
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12. The licensee shall adhere to the provisions of the CAB’s
Broadcast Code for Advertising to Children, as amended from time
to time and approved by the Commission.
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13. The licensee shall, for each Canadian-produced channel, adhere
to the provisions of sections 8(1), (2), (3), (4), (5) and (6) of the
Radio Regulations, 1986.
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14. The licensee shall, for any non-Canadian-produced channel that
may be identified by the Commission from time to time, adhere to the
provisions of sections 8(5) and (6) of the Radio Regulations, 1986.
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15. (1) For the purposes of this condition of licence,
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"Canadian musical selection" means a musical selection that meets
the criteria set out in subsection 2.2(2) of the Radio Regulations,
1986.
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(2) On or before November 30 of each year, the licensee shall
submit to the Commission a statement of accounts, on the annual
return of broadcasting licensee form, for the year ending on the
previous August 31.
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(3) For any Canadian-produced channel, the licensee shall, at the
request of the Commission, submit for any period specified by the
Commission in its request
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(a) the information required by the most recent Station
Self-assessment Report form issued by the Commission; and
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(b) a list of the musical selections in the order in which they
are broadcast by the licensee during that period that includes the
title and performer of each musical selection and a legend that
identifies
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(i) any Canadian musical selection,
(ii) any instrumental selection,
(iii) any category 3 musical selection within the meaning of
Public Notice CRTC 1991-19 of 14 February 1991 entitled
Implementation of the FM Policy and published in the Canada
Gazette Part I on 23 February 1991, and
(iv) the language of the musical selection, where the musical
selection is not an instrumental selection.
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(4) for any non-Canadian produced channel, the licensee shall, at
the request of the Commission, submit for any period specified by
the Commission in its request, the following information for each
musical selection broadcast:
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(i) the name of the artist;
(ii) the name of the album from which the musical selection is
taken and the number of the track;
(iii) the year that the musical selection was released; and
(iv) the version of the track, where multiple versions exist.
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(5) At the request of the Commission, the licensee shall provide
the Commission with a response to any inquiry regarding the
licensee’s programming, ownership or any other matter within the
Commission’s jurisdiction that relates to the licensee’s
undertaking.
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16. For the purposes of all the conditions of licence set out
above, the terms "commercial message," "content category," "content
subcategory," "ethnic program," "licensed," and "musical selection,"
shall have the meaning set out in section 1 of the Radio
Regulations, 1986. "Day" means the total number of hours devoted
to broadcasting for a period beginning at 12:00 in the forenoon and
ending at midnight the same day. "Week" means seven consecutive days
beginning on Sunday.
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Footnotes:
See
Licences for CBC English-language television and radio renewed for a
seven-year term, Decision CRTC 2000-1, 6 January 2000. |
Date Modified: 2005-06-16 |