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Broadcasting Decision CRTC 2006-154
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Ottawa, 21 April 2006 |
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Ethnic Channels Group Limited
Across Canada |
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Application 2004-1332-8
Public Hearing at Calgary, Alberta
21 February 2006 |
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Polish News 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 (Ethnic Channels), for a broadcasting
licence to operate a national, third-language, ethnic, Category 21
specialty programming undertaking to be known as Polish News Channel. |
2. |
The applicant proposed to offer a general
interest service that would be devoted to the Polish-speaking community.
The programming would consist primarily of news, information, public
affairs, financial programming and would also include some general
entertainment programming. The applicant proposed that not less than 90%
of all programming broadcast during the broadcast week would be in the
Polish language. 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. |
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Interventions
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3. |
The Commission received a comment from
Telewizja Polska Canada Inc. (TPC) in connection with this application.
TPC represents two Polish-language services in Canada: TV Polonia, which
is included on the CRTC List of Part 2 Eligible Satellite Services and
PolSat 2 International, which is currently the subject of an application
by The Canadian Cable Telecommunications Association for inclusion on
the CRTC List of Part 2 Eligible Satellite Services for Digital
Distribution Only. |
4. |
TPC expressed concern that Ethnic Channels
is applying for a second Polish-language service when it has not yet
launched a previously authorized Polish service approved in Polish
TV – Category 2 specialty service, Broadcasting Decision CRTC
2003-445, 4 September 2003. |
5. |
TPC further commented that the present
application is not necessary if Ethnic Channels has a real intention to
launch its previously approved service, known as Polish TV. |
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Applicant’s reply
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6. |
Ethnic Channels noted that licensees are
not prohibited from operating more than one specialty programming
undertaking devoted to a single third-language community, and that it
had already commenced operation of its other licensed Polish-language
service. |
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Commission’s analysis and determination
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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 new Category 1
service. |
8. |
In Introductory statement - Licensing
of new digital pay and specialty services, Public Notice CRTC
2000-171,
14 December 2000, and Public Notice CRTC 2000-171-1,
6 March 2001 – Corrected Appendix 2 (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. |
The Commission finds that the current
application is not directly competitive with an analog pay or specialty
or existing Category 1 service. Consequently, the application does not
raise any concerns with the Commission. |
10. |
The Commission is therefore 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 Ethnic
Channels Group Limited for a broadcasting licence to operate the national,
Polish-language Category 2 specialty programming undertaking,
Polish News Channel. |
11. |
The Commission notes that Ethnic Channels
will devote at least 90% of its program schedule to programming in
the Polish language. In accordance with 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, 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. |
12. |
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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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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- 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 21 April 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 2006-154
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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.
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2. The licensee shall provide a national, third-language, general
interest, ethnic Category 2 specialty programming service devoted to
the Polish-speaking community. The programming shall consist primarily
of news, information, public affairs, financial programming and shall
also include some general entertainment programming.
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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 Polish language. The remainder of the
programming schedule may be in one or both of Canada’s official
languages.
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5. With respect to the conditions of licence relating to advertising,
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,
condition 4d) will not apply, and condition 4a) will be 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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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: 2006-04-21 |