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Broadcasting Public Notice CRTC 2006-45
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Ottawa, 7 April 2006 |
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Addition of Sun TV to the lists of eligible satellite services for
distribution on a digital basis
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The Commission approves a request
to add Sun TV to the lists of eligible satellite services for distribution
on a digital basis. The revised lists including this service are set
out as an appendix to Revised lists of eligible satellite
services, Broadcasting Public Notice CRTC 2006-46
issued today. |
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Introduction
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1. |
The Commission received a request dated 13
October 2005 from the Canadian Cable Telecommunications Association (CCTA)
for the addition of Sun TV, a non-Canadian service, to the lists of
eligible satellite services for distribution on a digital basis (the
digital lists). The CCTA described the service as follows: |
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Sun TV is a 24-hour general interest service from India offering
programming in the Tamil language. Its programming includes news,
documentaries, films, drama series, talk shows, game shows, music
and children’s programming.
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2. |
The Commission subsequently issued Call
for comments on the proposed addition of Sun TV to the lists
of eligible satellite services for distribution on a digital basis,
Broadcasting Public Notice CRTC 2005-125,
16 December 2005. |
3. |
On 13 February 2006, Rogers Cable
Communications Inc. (Rogers) advised that, with the wind-up of the CCTA
announced on 10 February 2006, it would take over as the Canadian
sponsor of Sun TV. |
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Positions of parties
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4. |
The Commission received two comments
concerning the request to add Sun TV. An individual submitted that there
were too many foreign digital television services and that there should
be a limit to these types of requests. Quebecor Media Inc. (QMI) filed
comments concerning the potential for confusion between the non-Canadian
service Sun TV (the non-Canadian Sun TV) and the Canadian service Sun TV
(the Canadian Sun TV), an independent, English-language television
station serving the Toronto and Hamilton markets and owned by TVA Group
Inc. and Sun Media Corporation. While QMI did not wish to oppose the
addition of the non-Canadian Sun TV, it requested that the Commission
approve the non-Canadian service’s addition to the digital lists with
the condition that the brand name of the service be changed so as not to
create any confusion with the use of the name in Canada. |
5. |
QMI noted that the Canadian Sun TV has been
an established brand in Canada and that an application to register it as
a trade-mark was filed on 29 June 2005. QMI submitted that, if the
Commission were to approve the addition of the non-Canadian Sun TV
without the suggested condition, QMI would have to engage in legal
procedures to object to the use of the brand name. With its submission,
QMI provided comments by the Canadian Sun TV which stated that the
Commission should put in place the necessary measures to avoid such
conflicts and litigation. |
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Sponsor’s reply
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6. |
The CCTA submitted that the Commission
should only consider whether the addition of the non-Canadian Sun
TV is consistent with the approach set out in Improving the diversity
of third-language television services – A revised approach to assessing
requests to add non-Canadian third-language television services to
the lists of eligible satellite services for distribution on a digital
basis, Broadcasting Public Notice CRTC 2004-96,
16 December 2004 (Public Notice 2004-96),
and should not try to resolve issues related to the use of trademarks
and trade names, which are beyond its jurisdiction. The CCTA also
noted that the Canadian Sun TV is an English-language conventional
television station that receives priority carriage on the basic service
of cable undertakings that operate within the Canadian station’s market.
By contrast, the non-Canadian Sun TV is a Tamil-language satellite
programming undertaking originating from India, which will be distributed
only as a discretionary, digital service. In the CCTA’s view, the
two services offer completely different programming and there is no
likelihood of confusion among subscribers. |
7. |
The CCTA therefore submitted that the
Commission should add the non-Canadian Sun TV to the digital lists
without the condition requested by QMI, and leave it to the parties to
resolve any issues arising from the name of the service. |
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Commission’s analysis and determinations
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8. |
In Public Notice 2004-96,
the Commission set out its revised approach to the assessment of requests
to add non-Canadian third-language television services to the digital
lists, as well as specific information that Canadian sponsors must
file in support of their requests. The Commission also stated that,
going forward, requests to add non-Canadian, general interest, third-language
services to the digital lists would generally be approved, subject,
as appropriate, to new distribution and linkage requirements. |
9. |
The Commission has examined the material
filed in support of the request to add the non-Canadian Sun TV to
the digital lists, and is satisfied that the service is a general
interest, third-language service in the Tamil language, as described
by the CCTA. Thus, it is appropriately subject to the approach for
such services set out in Public Notice 2004-96. |
10. |
With respect to the concerns raised by QMI
regarding the use of the name Sun TV, the Commission considers that this
is a matter between the owner of the Canadian Sun TV and the
non-Canadian Sun TV that is best left to the parties to resolve. |
11. |
In light of the above and consistent with
the approach set out in Public Notice 2004-96,
the Commission approves the addition of the non-Canadian Sun
TV to the digital lists without the condition requested by QMI. |
12. |
The revised lists including this service
are set out as an appendix to Revised lists of eligible satellite
services, Broadcasting Public Notice CRTC 2006-46),
issued today. The Commission notes that the distribution of this
service is subject to the distribution and linkage rules that apply
to third-language general interest services added to the digital lists
after 16 December 2004, as set out in Distribution and linkage
requirements for Class 1 and Class 2 licensees, Broadcasting Public
Notice CRTC 2005-119, 14 December
2005, and Linkage requirements for direct-to-home (DTH) satellite
distribution undertakings, Broadcasting Public Notice CRTC 2005-120,
14 December 2005. |
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Secretary General |
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This document 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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