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Broadcasting Decision CRTC 2006-336
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Ottawa, 9
August 2006 |
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Ethnic Channels
Group Limited
Across Canada |
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Application 2004-1327-9
Public Hearing at Québec, Quebec
20 March 2006 |
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Portuguese/Brazil
TV – 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 |
1. |
The Commission received an application by
Ethnic Channels Group Limited for a broadcasting licence to operate a
national, ethnic Category 21
specialty programming undertaking to be
known as Portuguese/Brazil TV. |
2. |
The applicant proposed to offer a
third-language, general interest service that would be devoted to the
Portuguese-speaking community of Brazilian descent. Not less than
90% of all programming broadcast during the broadcast week would be in
the Portuguese 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(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; and
14 Infomercials, promotional and corporate videos. |
4. |
The applicant requested that it be
authorized, by condition of licence, to broadcast up to six minutes
per hour of local and regional advertising.
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Interventions
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5. |
The Commission received interventions in
connection with this application by Multivan Broadcast Limited
Partnership2 (Multivan), the licensee of ethnic television programming
undertaking CHNM-TV Vancouver, and by NMTV inc. (NMTV), the licensee
of the national ethnic Category 2 specialty programming undertaking
known as NuevoMundo Television. |
6. |
While Multivan did not oppose the
licensing of the proposed service, it did oppose the applicant’s
request for authority to broadcast local and regional advertising.
Multivan contended that the Commission’s policy to generally permit
new ethnic Category 2 services to broadcast up to six minutes per hour
of local advertising would generate additional competition that would
impede CHNM-TV’s ability to fulfill its regulatory obligations and
prevent it from becoming profitable. |
7. |
NMTV commented on the high volume of
applications filed with the Commission for new third-language ethnic
services and the process involved in the granting of these types of
broadcasting licences. |
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Applicant’s reply
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8. |
In response to Multivan, the applicant
maintained that the intervener did not make a compelling case for the
Commission to change its policy with respect to generally permitting
ethnic Category 2 services to broadcast up to six minutes per hour of
local advertising. The applicant further contended that Multivan had
not provided any evidence that approval of this application would have
any impact on the intervener. |
9. |
The applicant did not respond to NMTV’s
comment. |
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Commission’s
analysis and determination
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10. |
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. |
11. |
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 the definition of a third-language service,
established 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).
Accordingly, the Commission approves the application by Ethnic
Channels Group Limited for a broadcasting licence to operate the national,
general interest third-language ethnic Category 2 specialty programming
undertaking, Portuguese/Brazil TV. |
12. |
With respect to the request to broadcast
up to six minutes per hour 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. |
13. |
In the present case, Multivan did not
provide any evidence that a negative financial impact would result
from permitting the proposed service to broadcast up to six minutes
per hour of local or regional advertising.
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14. |
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 this effect is set out in the appendix to this decision. |
15. |
The Commission notes that Portuguese/Brazil TV
will devote at least 90% of its program schedule to programming in
the Portuguese language. 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. |
16. |
The licence will expire 31 August 2012,
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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17. |
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 9 August
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 2006-336
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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:
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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 Portuguese-speaking community of Brazilian descent.
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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 (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 Portuguese 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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Footnotes:
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Date Modified: 2006-08-09
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