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Broadcasting Decision CRTC 2006-579
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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 2006-0082-6
Public Hearing at Edmonton, Alberta
19 June 2006 |
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DMG South Asian Sports – 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,
English-language, ethnic Category 21
specialty programming undertaking to be known as DMG South Asian Sports. |
2. |
The applicant proposed to offer
a service that would consist primarily of sports news programming
targeting Canadians with origins in India, Pakistan, Bangladesh and Sri
Lanka. The applicant proposed that not less than 90% of all programming
broadcast during the broadcast week would be in the English 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;
6(a) Professional sports; 6(b) Amateur sports; 12 Interstitials;
13 Public service announcements; and 14 Infomercials, promotional and
corporate videos. |
4. |
The applicant stated that it
would not broadcast North American play-by-play professional sports
programming involving baseball, football, hockey and basketball, and
that 90% of the professional sports to be broadcast would originate from
countries outside North America. |
5. |
The applicant also requested
the authority, by condition of licence, to broadcast up to six minutes
per hour of local and regional advertising. |
6. |
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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7. |
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. While the Commission does
not consider the impact that a new Category 2 service might have on
an existing Category 2 service, it does seek to ensure that newly
licensed Category 2 services do not compete directly with any existing
pay or specialty television service, including any Category 1 service. |
8. |
In Introductory statement
- Licensing of new digital pay and specialty services, Public
Notice CRTC 2000-171,
14 December 2000, and Corrected Appendix 2, Public Notice
CRTC 2000-171-1,
6 March 2001 (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. |
9. |
In the present case, the
Commission considers it appropriate to impose additional requirements
that the service not be permitted to broadcast North American
play-by-play professional sports programming involving baseball,
football, hockey and basketball, and that not less than 90% of the
professional sports programming to be broadcast during the broadcast
week originate from countries outside of North America. The Commission
is of the view that these additional requirements will prevent the
service from becoming directly competitive with existing analog pay or
specialty services or with Category 1 services such as The Score,
SportsNet and TSN. Conditions of licence on the nature of the
service are set out in the appendix to this decision. |
10. |
The Commission is satisfied that
the application is in conformity with all applicable terms and conditions
announced in Public Notice 2000-171-1.
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, English-language, ethnic Category
2 specialty programming undertaking, DMG South Asian Sports. |
11. |
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 ethnic specialty 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. |
12. |
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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13. |
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 2006-579
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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, English-language, ethnic
Category 2 specialty programming service devoted primarily to sports
news programming targeting Canadians with origins in India, Pakistan,
Bangladesh and Sri Lanka.
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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
6 (a) Professional sports
(b) Amateur sports
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4. Not less than 90% of the professional sports programming to be
broadcast during the broadcast week will originate from countries
outside of North America.
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5. The licensee shall not broadcast North American play-by-play
professional sports programming involving baseball, football, hockey
and basketball.
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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 |