|
Broadcasting Decision CRTC 2005-249
|
|
Ottawa, 16 June 2005 |
|
Andrei Moskvitch, on behalf of a
corporation to be incorporated
Across Canada |
|
Application 2004-1200-0
Public Hearing in the National Capital Region
18 April 2005 |
|
TeleDance – Category 2 specialty service
|
|
In this decision, the Commission
approves the application for a broadcasting licence to operate a new
Category 2 specialty programming undertaking. |
|
The application
|
1. |
The Commission received an application by
Andrei Moskvitch, on behalf of a corporation to be incorporated, for a
broadcasting licence to operate a national French- and English-language
Category 21 specialty
programming undertaking to be known as TeleDance. |
2. |
The applicant proposed to offer a service
that would be devoted to classical styles of dancing (ballroom,
ballet-jazz, etc.) and the expression of art through rhythmic supple
movements of the human body. |
3. |
The Commission did not receive any
interventions in connection with this application. |
|
Commission’s analysis and determination
|
4. |
The Commission is satisfied that the application
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 Andrei
Moskvitch, on behalf of a corporation to be incorporated, for a broadcasting
licence to operate the national French- and English-language Category 2
specialty programming undertaking, TeleDance. |
5. |
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. |
|
Service to persons who are deaf or hard of hearing
|
6. |
The Commission is committed to improving
service to viewers who are deaf or hard of hearing. It expects that
programming accessible by disabled persons should be provided within
the Canadian broadcasting system as resources become available for
the purpose. As set out in Public Notice 2000-171-1,
all Category 2 services are expected to caption a minimum of
90% of all English-language programming and 50% of all French-language
programming by the end of the licence term. |
7. |
In its application, the applicant indicated
that it is not willing to make a commitment to caption 90% of its
English-language programming or 50% of its French-language programming
by the end of the licence term. The applicant stated that this amount of
captioning is unnecessary, given that TeleDance will be mainly an
image-driven channel. |
8. |
The Commission has considered the
applicant’s explanation but is not convinced that this distinguishes the
applicant’s service from other Category 2 specialty programming
undertakings. Accordingly, the Commission expects the licensee to
caption a minimum of 90% of all English-language programming and 50% of
all French-language programming during the broadcast day, by the end of
its licence term. |
|
Issuance of the licence
|
9. |
A licence will be issued once the applicant
has satisfied the Commission, with supporting documentation, that the
following requirements have been met: |
|
- an eligible Canadian corporation has been incorporated in
accordance with the application in all material respects;
|
|
- the applicant has filed executed copies of the incorporation
documents (including articles of incorporation and by-laws);
|
|
- the applicant has confirmed the control statement of the licensee,
including the filing of an executed shareholders agreement, if
applicable;
|
|
- the applicant has confirmed whether it intends to enter into any
type of business agreement with another party (i.e., program supply
agreement, trademark licence agreement, etc.);
|
|
- 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 16 June 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 2005-249
|
|
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 French- and
English-language Category 2 specialty programming undertaking devoted
to classical styles of dancing (ballroom, ballet-jazz, etc.) and the
expression of art through rhythmic supple movements of the human body.
|
|
3. The programming must be drawn exclusively from the following
categories, as set out in Schedule I to the Specialty Services
Regulations, 1990, as amended from time to time:
|
|
5 (b) Informal education/Recreation and leisure
7 (c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
|
|
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. |
|
Footnote:
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. |