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Broadcasting Decision CRTC 2006-576
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Ottawa, 12 October 2006 |
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Prabhakaran Selvadurai, on behalf of a
corporation to be incorporated
Across Canada |
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Application 2006-0078-5
Public Hearing at Edmonton, Alberta
19 June 2006 |
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DMG Punjabi – 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
Prabhakaran Selvadurai, 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 DMG Punjabi. |
2. |
The applicant proposed to offer a
third-language, general interest service that would target the
Punjabi-speaking community. The applicant proposed that not less than
90% of all programming broadcast during the broadcast week would be in
the Punjabi 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;
4 Religion; 5(a) Formal education and pre-school; 5(b) Informal
education/Recreation and leisure; 6(a) Professional sports; 6(b) Amateur
sports; 7(a) Ongoing drama series; 7(b) Ongoing comedy series (sitcoms);
7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical
feature films aired on TV; 7(e) Animated television programs and films;
7(f) Programs of comedy sketches, improvisations, unscripted works,
stand-up comedy; 7(g) Other drama; 8(a) Music and dance other than music
video programs or clips; 8(b) Music video clips; 8(c) Music video
programs; 9 Variety; 10 Game shows; 11 General entertainment and human
interest; 12 Interstitials; 13 Public service announcements;
14 Infomercials, promotional and corporate videos.
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4. |
The applicant also requested the authority,
by condition of licence, to broadcast up to six minutes per hour of
local or regional advertising. |
5. |
The Commission did not receive any
interventions in connection with this application. |
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Commission’s analysis and determinations
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6. |
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).
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 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).
Accordingly, the Commission approves the application by Prabhakaran
Selvadurai, on behalf of a corporation to be incorporated, for a broadcasting
licence to operate the national, general interest, third-language,
ethnic Category 2 specialty programming undertaking, DMG Punjabi. |
7. |
With respect to the request to broadcast
up to six minutes of local or regional 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 and
regional advertising. The Commission therefore approves the
applicant’s request for authority to broadcast up to six minutes per
hour of local and regional advertising. A condition of licence
to that effect is set out in the appendix to this decision. |
8. |
The Commission notes that DMG Punjabi will
devote at least 90% of its program schedule to programming in Punjabi.
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. |
9. |
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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10. |
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 12 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 2006-576
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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 or regional advertising.
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2. The licensee shall provide a national, general interest,
third-language, ethnic Category 2 specialty programming service
devoted to the Punjabi-speaking community.
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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
4 Religion
5 (a) Formal education and pre-school
(b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 Drama and comedy
(a) Ongoing drama series
(b) Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(e) Animated television programs and films
(f) Programs of comedy sketches, improvisations, unscripted works,
stand-up
comedy
(g) Other drama
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
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 Punjabi language.
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5. Where the licensee broadcasts religious programming as defined
in Religious Broadcasting Policy, Public Notice CRTC 1993-78,
3 June 1993, the licensee shall adhere to the guidelines set out
in sections III.B.2.a) and IV of that public notice with respect
to the provision of balance and ethics in religious programming,
as amended from time to time.
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For the purposes of the conditions of this
licence, including condition of licence no. 1, broadcast day
means the period of up to 18 consecutive hours, beginning each day not
earlier than six o’clock in the morning and ending not later than one
o’clock in the morning of the following day, as selected by the
licensee, 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: 2006-10-12 |