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Broadcasting Decision CRTC 2006-592
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Ottawa, 13 October 2006 |
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Toro TV Corporation, on behalf a
corporation to be incorporated
Across Canada |
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Application 2005-1508-3
Public Hearing at Edmonton, Alberta
19 June 2006 |
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MEGASPORTV – Category 2 specialty service
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In this decision, the Commission
approves an application for a broadcasting licence to operate a new
Category 2 specialty programming undertaking. |
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The application
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1. |
The Commission received an application by
Toro TV Corporation, on behalf of a corporation to be incorporated, for
a broadcasting licence to operate a national, ethnic Category 21
specialty programming undertaking to be known as
MEGASPORTV. |
2. |
The applicant proposed to offer a
third-language, niche service that would consist of a Spanish-language
sports entertainment service devoted to the Spanish-speaking community
in Canada. The applicant proposed that not less than 90% of all
programming broadcast during the broadcast week would be in the Spanish
language. |
3. |
All of the programming would be drawn from
the following categories set out in Schedule 1 to the Specialty
Services Regulations, 1990: 1 News; 2(a) Analysis and
interpretation; 2(b) Long-form documentary; 3 Reporting and actualities;
5(b) Informal education/Recreation and leisure; 6(a) Professional
sports; 6(b) Amateur sports; 7(c) Specials, mini-series or made-for-TV
feature films; 7(d) Theatrical feature films aired on TV; 11 General
entertainment and human interest; 12 Interstitials; 13 Public service
announcements; and 14 Infomercials, promotional and corporate videos. |
4. |
The applicant also requested that it be
authorized, by condition of licence, to broadcast up to six minutes per
hour of local advertising. |
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Intervention
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5. |
The Commission received an intervention in
opposition to this application from NMTV Inc.,
the licensee of a national, Spanish-language, ethnic Category 2
specialty programming undertaking known as Nuevo Mundo Television. The
intervener expressed concern that the approval of Spanish-language,
ethnic Category 2 specialty services would harm the fledgling Hispanic
market. In its view, the Hispanic community in Canada is too small to
accommodate the number of Spanish-language, ethnic Category 2 specialty
services that have been approved to serve this community. In support of
its argument, the intervener pointed to the Hispanic community in the
U.S., which it stated is much larger than that in Canada, but is served
by a much smaller number of Hispanic television services. It also noted
that, although the Francophone community is much larger than the
Hispanic community in Canada, there are close to the same number of
television stations serving the Francophone community as there are
Category 2 services approved to serve the Hispanic community. |
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Applicant’s reply
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6. |
In response, the applicant noted that the
intervener did not comment on its application specifically, but rather
expressed concerns with the Commission’s policy for a more open-entry
approach to licensing new third-language, ethnic Category 2 services
as set out in Revised approach for the consideration of broadcasting
licence applications proposing new third-language ethnic Category
2 pay and specialty services, Broadcasting Public Notice CRTC
2005-104, 23 November
2005 (Public Notice 2005-104).
Furthermore, the applicant stated that the intervener did not present
any evidence to support its position that the approval of the application
would have a negative impact on the Nuevo Mundo Television service. |
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Commission’s analysis and determinations
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7. |
The Commission is satisfied with the applicant’s
response to the intervention. The Commission is also 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).
Furthermore, given that the service will offer more than 90% of its
programming in a third language, the Commission is satisfied that
the application falls under the definition of a third-language service,
established in Public Notice 2005-104.
Accordingly, the Commission approves the application by Toro
TV Corporation, on behalf of a corporation to be incorporated, for
a broadcasting licence to operate the national, niche, third-language,
ethnic Category 2 specialty programming undertaking, MEGASPORTV. |
8. |
With respect to the request to broadcast
up to six minutes of local advertising, the Commission notes that,
as set out in Public Notice 2005-104,
the Commission generally permits new third-language services to broadcast
up to six minutes per hour of local advertising unless an intervener
makes a compelling case to the contrary. In the present case, there
were no interventions opposing the proposal to broadcast local advertising.
The Commission therefore approves the applicant’s request
for authority to broadcast up to six minutes per hour of local advertising.
A condition of licence to that effect is set out in the appendix
to this decision. |
9. |
The Commission notes that MEGASPORTV will
devote at least 90% of its program schedule to programming in Spanish.
In accordance with Public Notice 2005-104,
the remainder of the program schedule, i.e., up to 10%, may be in
one or both official languages. The Commission encourages the applicant
to ensure that all such programming serves to promote Canada’s linguistic
duality. |
10. |
The licence will expire 31 August 2013, and
will be subject to the conditions set out in Public Notice
2000-171-1, as well
as to the conditions set out in the appendix to this decision. |
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Issuance of the licence
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11. |
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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- an eligible Canadian corporation has been incorporated in
accordance with the application in all material respects;
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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 13 October 2009. 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 2006-592
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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, except for condition 4d), which will not apply, and
condition 4a), which is replaced by the following:
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Except as otherwise provided in subparagraphs b) and c), the
licensee shall not broadcast more than twelve (12) minutes of
advertising material during each clock hour, no more than six (6)
minutes of which may consist of local advertising.
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2. The licensee shall provide a national, niche, third-language,
ethnic Category 2 specialty programming service consisting of
Spanish-language sports programming for the Spanish-speaking community
in Canada.
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3. The programming shall 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:
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1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
5 (b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 Drama and comedy
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4. Not less than 90% of all programming broadcast during the
broadcast week shall be in the Spanish language.
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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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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. |
Date Modified: 2006-10-13 |