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Broadcasting
Decision CRTC 2006-342
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Ottawa, 9
August 2006 |
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Ethnic Channels Group
Limited
Across Canada |
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Application 2004-1321-1
Public Hearing at Québec, Quebec
20 March 2006 |
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Hindi/Urdu/Punjabi
Movie Channel – 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
Ethnic Channels Group Limited (ECGL) for a broadcasting licence to
operate a national, ethnic Category 21
specialty programming undertaking
to be known as Hindi/Urdu/Punjabi Movie Channel. |
2. |
The applicant proposed to offer a
third-language, niche service that would be devoted to the Hindi-,
Punjabi- and Urdu-speaking communities. The service would consist
predominantly of movies. The applicant proposed that no more than 50% of
the broadcast week would be devoted to programming in any one of the
Hindi, Punjabi, or Urdu languages. No more than 10% of the programming
would be in the English language. |
3. |
All of the programming would be drawn from
the following categories, as set out in Schedule 1 to the Specialty
Services Regulations, 1990: 2(a) Analysis and interpretation; 2(b)
Long-form documentary; 4 Religion; 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; 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; 11 General entertainment and human interest; 12
Interstitials; 13 Public service announcements; and 14 Infomercials,
promotional and corporate videos. |
4. |
The applicant also proposed that not less
than 80% of all programming broadcast during the broadcast week would be
drawn from categories 7(c) Specials, mini-series, made-for-TV feature
films and 7(d) Theatrical feature films aired on TV. |
5. |
Further, the applicant requested that it be
authorized, by condition of licence, to broadcast up to six minutes per
hour of local or regional advertising. |
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Interventions
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6. |
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, by NMTV inc. (NMTV), the licensee of the
national ethnic Category 2 specialty programming undertaking known as
NuevoMundo Television, and by Asian Television Network International
Limited (Asian Television) which owns South Asian Television Canada
Limited (SATV), the licensee of the national ethnic specialty television
service ATN which serves the South Asian community in Canada. ATN offers
programming in several South Asian languages. |
7. |
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. |
8. |
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. |
9. |
Asian Television opposed the application,
on the grounds that the proposed service would offer many programming
categories which could result in the service being more of a general
interest channel rather than a niche movie channel. The intervener also
expressed concern that the service could become a major Hindi-language
channel. The intervener claimed that in such a case, the service would
be in direct competition with its own service ATN. |
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Applicant’s
replies
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10. |
In response to Multivan, the applicant
maintained that the intervener had not made a compelling case for the
Commission to change its practice of 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. |
11. |
The applicant did not respond to NMTV’s
comment. |
12. |
In response to Asian Television’s
intervention, the applicant indicated that its proposed service would
not become a general interest service due to ECGL’s commitment that at
least 80% of the programming would consist of programming drawn from
categories 7(c) Specials, mini-series, made-for-TV feature films and
7(d) Theatrical feature films aired on TV. It further indicated that
programming from the other categories would allow the service to be
packaged in a more attractive manner for viewers. ECGL claims that the
proposed level of movie-based programming is consistent with the level
of such programming proposed by other niche services that have been
approved. The applicant expressed the opinion that Asian Television
should not claim that Asian Television’s service Hindi Movie is not
competitive with its own analog third-language service, ATN, while
claiming that ECGL’s movie-based service would be competitive. |
13. |
With respect to the intervener’s concern
that the service might become a major Hindi-language channel, ECGL
indicated that it has proposed conditions regarding the broadcast of
programming in different languages and indicated that it would be
prepared to accept a condition of licence requiring that no more than
40% of the third-language programming on the service be offered in each
of Hindi and Punjabi, and the remainder in Urdu. |
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Commission’s analysis
and determinations
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14. |
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. |
15. |
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 Public Notice 2005-104.
Accordingly, the Commission approves the application by Ethnic
Channels Group Limited for a broadcasting licence to operate the national,
niche, third-language ethnic Category 2 specialty programming
undertaking, Hindi/Urdu/Punjabi Movie Channel. |
16. |
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. |
17. |
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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18. |
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. |
19. |
The Commission notes the applicant’s
commitment to limit the nature of the proposed service, and to accept a
condition of licence requiring that not less than 80% of the programming
broadcast on the service each week would consist of programming drawn
from categories 7(c) Specials, mini-series, made-for-TV feature films
and 7(d) Theatrical feature films aired on TV. Further, the Commission
notes the applicant’s indication that it would accept a condition of
licence requiring that no more than 40% of all programming be in each of
the Hindi and Punjabi languages, and that the remainder of its
third-language programming be in the Urdu language. The Commission is of
the view that these conditions would ensure that the proposed service
would remain a niche movie service and accordingly, the buy-through
requirement does not apply. The Commission is imposing these commitments
as conditions of licence, as set out in the appendix to this
decision.
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20. |
The Commission notes that Hindi/Urdu/Punjabi
Movie Channel will devote at least 90% of its program schedule to
programming in the Hindi, Urdu and Punjabi languages. 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. |
21. |
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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22. |
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 2006-342
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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, niche, third-language
ethnic Category 2 specialty programming service devoted to the Hindi-,
Punjabi- and Urdu-speaking communities. The service will consist
predominantly of movies.
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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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2 (a) Analysis and interpretation
(b) Long-form documentary
4 Religion
5 (b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 (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
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 following languages: Hindi, Urdu, and
Punjabi.
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5. Not more than 40% of the programming broadcast during the
broadcast week shall be in the Hindi language and not more than 40% of
the programming broadcast during the broadcast week shall be in the
Punjabi language.
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6. Not less than 80% of all programming broadcast during the
broadcast week shall be drawn from program categories 7(c) Specials,
mini-series, made-for-TV feature films and 7(d) Theatrical films aired
on TV.
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7. Where the licensee broadcasts religious programming as defined
in the 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 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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