|
Broadcasting
Decision CRTC 2005-123
|
|
Ottawa, 7 April
2005 |
|
Asian Television
Network International Limited
Across Canada |
|
Application 2004-0822-0
Public Hearing in the National Capital Region
10 January 2005 |
|
ATN – South Asian
News – Tamil – Category 2 pay television service
|
|
In this decision, the Commission
approves the application for a broadcasting licence to operate a new
ethnic Category 2 pay television programming undertaking. |
|
The application
|
1. |
The Commission received an application by
Asian Television Network International Limited (ATN) for a broadcasting
licence to operate a national ethnic Category 21
pay television programming undertaking to be known as ATN –
South Asian News – Tamil. |
2. |
The applicant proposed to offer a service
devoted to news programming about the South Asian subcontinent of
interest to persons who speak Tamil. The applicant noted that 100% of
its programming would be in the Tamil language. |
|
The intervention
|
3. |
Rogers Cable Communications Inc. (Rogers)
commented that the Commission should issue a moratorium on the licensing
of any new ethnic Category 2 services until it has completed the review
of its approach to assessing requests to add non-Canadian third-language
television services to the Commission’s lists of satellite services
eligible for distribution on a digital basis.2 |
|
The
applicant’s reply
|
4. |
In response to Rogers’ comment, the
applicant noted that the Commission has already issued its policy
regarding the addition of non-Canadian third-language television
services to the lists of satellite services eligible for distribution on
a digital basis. |
|
The Commission’s
analysis and determination
|
5. |
With respect to Rogers’ comment, the Commission
notes that it has completed its review and set out its findings 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. |
6. |
Based on its examination of this application,
the Commission is satisfied that it 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 Asian
Television Network International Limited for a broadcasting licence
to operate the national ethnic Category 2 pay television programming
undertaking, ATN – South Asian News – Tamil. |
7. |
The licence will expire 31 August 2011, and
will be subject to the conditions set out in Public Notice 2000-171-1,
as well as to the conditions of licence set out in the
appendix to this decision. |
|
Issuance of the
licence
|
8. |
A licence will be issued once the applicant
has satisfied the Commission, with supporting documentation, that the
following requirements have been met: |
|
- the applicant has entered into a distribution agreement with at
least one licensed distributor; and
|
|
- 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 7 April 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.
|
|
Secretary General |
|
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
|
|
Appendix to Broadcasting Decision CRTC 2005-123
|
|
Conditions of licence
|
|
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, as well as to the following conditions of licence.
|
|
2. The licensee shall provide a national ethnic Category 2 pay
television programming undertaking devoted to news programming about
the South Asian subcontinent of interest to persons who speak Tamil.
|
|
3. All programming broadcast during the broadcast week shall be in
the Tamil language.
|
|
4. The programming must be drawn exclusively from the following category,
as set out in Schedule I to the Pay Television Regulations, 1990,
as amended from time to time:
|
|
1 News
|
|
5. In each broadcast year or portion thereof, the licensee shall
devote not less than 15% of the broadcast day and not less than 15% of
the evening broadcast period to the exhibition of Canadian programs.
|
|
6. In accordance with the Commission’s position on Canadian programming
expenditures as set out in New Flexibility With Regard to Canadian
Program Expenditures by Canadian Television Stations, Public
Notice CRTC 1992-28,
8 April 1992, in The Reporting of Canadian Programming
Expenditures, Public Notice CRTC 1993-93,
22 June 1993, in Additional clarification regarding the
reporting of Canadian programming expenditures, Public Notice
CRTC 1993-174, 10
December 1993 and in Incentives for English-language Canadian
television drama, Broadcasting Public Notice CRTC 2004-93,
29 November 2004, as may be amended from time to time:
|
|
(a) In each broadcast year of the licence term following the
first year of operation, the licensee shall expend on the
acquisition of and/or investment in Canadian programs a minimum of
20% of the subscription revenues derived from the operation of this
service during the previous broadcast year.
|
|
(b) In each broadcast year of the licence term following the
first year of operation, excluding the final year, the licensee may
expend an amount on Canadian programs that is up to ten percent
(10%) less than the minimum required expenditure for that year
calculated in accordance with this condition; in such case, the
licensee shall expend in the next broadcast year of the licence
term, in addition to the minimum required expenditure for that year,
the full amount of the previous year’s under-expenditure.
|
|
(c) In each broadcast year of the licence term following the
first year of operation, where the licensee expends an amount on
Canadian programs that is greater than the minimum required
expenditure for that year calculated in accordance with this
condition, the licensee may deduct:
|
|
(i) from the minimum required expenditure for the following
year of the licence term, an amount not exceeding the amount of
the previous year’s over-expenditure; and
|
|
(ii) from the minimum required expenditure for any subsequent
broadcast year of the licence term, an amount not exceeding the
difference between the over-expenditure and any amount deducted
under (i) above.
|
|
(d) Notwithstanding paragraphs (b) and (c) above, during the
licence term, the licensee shall expend on Canadian programs, at a
minimum, the total of the minimum required expenditures calculated
in accordance with this condition of licence.
|
|
For the purposes of the conditions of this
licence, including condition of licence no. 1, broadcast day
refers to the 24-hour period beginning each day at 6 a.m., or any other
period approved by the Commission. |
|
Footnotes:
The Category 2 services are defined
in Introductory statement – Licensing of new digital pay and
specialty services, Public Notice CRTC 2000-171,
14 December 2000.
Review of the approach to assessing
requests to add non-Canadian third-language services to the lists
of eligible satellite services for distribution on a digital basis
– Call for comments, Broadcasting Public Notice CRTC 2004-53,
15 July 2004. |
Date Modified: 2005-04-07 |