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Broadcasting Decision CRTC 2005-139
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Ottawa, 8 April 2005 |
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Asian Television Network International
Limited
Across Canada |
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Application 2004-0843-6
Public Hearing in the National Capital Region
10 January 2005 |
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ATN – South Asian Devotional Music & Discourse Channel – Category 2 pay
television service
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In this decision, the Commission approves
the application for a broadcasting licence to operate a new ethnic Category 2
pay television programming undertaking. |
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The application
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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
Devotional Music & Discourse Channel. |
2. |
The applicant proposed to offer a service
devoted to religious programming presented in South Asian languages. |
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Interventions
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3. |
The Commission received a comment from Rogers
Cable Communications Inc. (Rogers), as well as an intervention in opposition
from VisionTV: Canada’s Faith Network/Réseau religieux canadien (VisionTV),
the licensee of the national, English-language, multi-faith specialty
television service known as VisionTV. |
4. |
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 |
5. |
VisionTV expressed concern that ATN’s
application appeared to be a request for a licence to operate a national,
multi-faith religious channel. While VisionTV acknowledged that the applicant
may intend to offer only third-language religious programming, it noted that
English is widely used in South Asia. VisionTV therefore argued that the
proposed condition of licence is too broad since it would allow the applicant
to broadcast programs devoted to a wide range of faith traditions in any
language used in South Asia, including English. |
6. |
VisionTV further indicated that, even if the
proposed service were limited to third-language programming, it would be in
competition with VisionTV, since in any given broadcast week, 10% to15% of
VisionTV’s programming is religious programming in South Asian languages.
VisionTV therefore expressed concern that the proposed channel would compete
directly with this portion of its schedule. |
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The applicant’s replies
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7. |
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. |
8. |
In response to VisionTV’s intervention, the
applicant indicated that its proposed service would be exclusively devotional
and accordingly would not be in competition with the 10% to 15% religious
programming on VisionTV. The applicant further noted that competition from
other licensed religious stations, such as Crossroads Television System,
Trinity Broadcasting, EWTN and The Miracle Channel Association, appears not
to be adversely affecting VisionTV. |
9. |
The applicant also stated that it was prepared
to accept restrictions on the English-language content on its proposed
service. |
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The Commission’s analysis and determination
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10. |
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.
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11. |
In considering VisionTV’s intervention, the
Commission notes its policies regarding the licensing of Category 2 services.
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,
and Public Notice CRTC
2000-171-1, 6 March 2001 – Corrected Appendix 2 (Public Notice
2000-171-1), the Commission
adopted a case-by-case approach in determining whether a proposed Category 2
service should be considered directly competitive with an analog pay or
specialty or 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. |
12. |
In the present case, the Commission notes
VisionTV’s concern that the proposed service would compete directly with a
portion of its schedule given that, in any broadcast week, 10% to15% of
VisionTV’s programming is religious programming in South Asian languages. The
Commission also notes that VisionTV is an English-language specialty
television undertaking. In order to reduce the possibility of
competitiveness, and given ATN’s willingness to accept restrictions on the
English-language content on its proposed service, the Commission is imposing
a condition of licence permitting ATN to broadcast programming in South Asian
languages with no programming in the English language. A condition of
licence to this effect is set out in the appendix to this decision. |
13. |
In light of the above, the Commission is
satisfied that ATN’s proposed service will not be directly competitive with
VisionTV. |
14. |
Based on its examination of this application,
the Commission is satisfied that it is in conformity with all applicable
terms and conditions announced in 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
Devotional Music & Discourse Channel. |
15. |
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. |
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Issuance of the licence
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16. |
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 8 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.
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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 2005-139
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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,
as well as to the following conditions of licence.
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2. The licensee shall provide a national ethnic Category 2 pay
television programming undertaking devoted to religious programming
presented in South Asian languages.
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3. All programming broadcast during the broadcast week shall be in a
variety of South Asian languages and no programming shall be in the English
language.
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4. The programming must be drawn exclusively from the following
categories, as set out in Schedule I to the Pay Television Regulations,
1990, as amended from time to time:
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4 Religion
13 Public service announcements
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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.
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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:
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(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.
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(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.
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(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:
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(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
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(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.
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(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.
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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. |
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Footnotes:
[1] 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.
[2] 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: 2005-04-08 |