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Broadcasting Decision CRTC 2006-474
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Ottawa, 6 September 2006 |
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Fairchild Television Ltd. and LS Movie
Channel Limited,
partners in a general partnership carrying on business as
FLS Movie Channel Partnership
Across Canada |
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Application 2004-1489-7
Public Hearing in the National Capital Region
1 May 2006 |
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FLS 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
Fairchild Television Ltd. and LS Movie Channel Limited, partners in a
general partnership carrying on business as FLS Movie Channel
Partnership, for a broadcasting licence to operate a national, ethnic
Category 21 specialty
programming undertaking to be known as FLS Movie Channel. |
2. |
The applicant proposed to offer a
third-language niche service that would consist of feature films,
made-for-TV feature films and long-form documentaries in Mandarin,
Cantonese, Vietnamese and other East Asian languages. All of the
programming would be drawn from the following categories set out in
Schedule 1 to the Specialty Services Regulations, 1990: 2(b)
Long-form documentary; 7(c) Specials, mini-series or made-for-TV feature
films; 7(d) Theatrical feature films aired on TV; 8(a) Music and dance
other than music video programs or clips; 9 Variety; 11 General
entertainment and human interest; 12 Interstitials; 13 Public service
announcements; and 14 Infomercials, promotional and corporate videos. |
3. |
The applicant proposed that, in each
broadcast week, not less than 40% of all programming would be in the
Mandarin language, not less than 40% would be in the Cantonese language
and the remaining 20% would be in Korean, Japanese, Vietnamese and other
East Asian languages. |
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. |
5. |
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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6. |
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 third languages, the Commission is satisfied that the
application falls under the definition of a third-language services,
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 Fairchild
Television Ltd. and LS Movie Channel Limited, partners in a general
partnership carrying on business as FLS Movie Channel Partnership,
for a broadcasting licence to operate the national niche third-language
ethnic Category 2 specialty programming undertaking, FLS Movie
Channel. |
7. |
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 such 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. |
8. |
The Commission notes that FLS Movie
Channel will devote all of its program schedule to programming
in Mandarin, Cantonese, Korean, Japanese, Vietnamese and other East Asian
languages. In accordance with Public Notice 2005-104,
the Commission has imposed a condition of licence that
requires FLS Movie Channel to devote not less than 90% of its
program schedule to programming in those languages. 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. |
9. |
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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10. |
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 6 September 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 2006-474
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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, niche third-language
ethnic Category 2 specialty programming service consisting of feature
films, made-for-TV feature-films and long-form documentaries in
Mandarin, Cantonese, Korean, Japanese, Vietnamese and other East Asian
languages.
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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 (b) Long-form documentary
7 (c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
8 (a) Music and dance other than music video programs or clips
9 Variety
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: Mandarin,
Cantonese, Korean, Japanese, Vietnamese and other East Asian
languages.
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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: 2006-09-06 |