|
Broadcasting Decision CRTC 2006-39
|
|
Ottawa, 10 February 2006
|
|
NMTV inc.
Across Canada |
|
Application 2005-0823-6
Broadcasting Public Notice CRTC 2005-84
24 August 2005 |
|
NuevoMundo Television (NMTV) - Licence amendment
|
|
In this decision, the Commission
approves an application to amend the broadcasting licence for the
Category 2 specialty service known as NuevoMundo Television (NMTV), in
order to authorize the licensee to broadcast a maximum of six minutes of
local or regional advertising material during each clock hour. |
|
The application
|
1. |
The Commission received an application by
NMTV inc. to amend the broadcasting licence for the national, ethnic
Category 2 specialty programming undertaking known as NuevoMundo
Television (NMTV), in order to authorize the licensee to broadcast a
maximum of six minutes of local or regional advertising material in each
clock hour. |
2. |
Under the general conditions of licence
for Category 2 specialty services stipulated in Introductory statement
– Licensing of new digital pay or specialty services, Public
Notice CRTC 2000-171,
14 December 2000, and in Appendix 2 amended, Public Notice
CRTC 2000-171-1,
6 March 2001 (Public Notice 2000-171-1),
the licence for this undertaking is subject to the condition pertaining
to advertising set out in Public Notice 2000-171-1. |
3. |
The licensee proposed to delete condition
of licence 4. d) set out in Public Notice 2000-171-1. |
4. |
In addition, the licensee proposed to replace
condition of licence 4. a), set out in Public Notice 2000-171-1,
with the following condition: |
|
Except as otherwise provided in subparagraphs b) and c), the
licensee shall not distribute more than twelve (12) minutes of
advertising material during each clock hour, of which no more than
six (6) minutes may consist of local or regional advertising.
|
|
Intervention
|
5. |
The Commission received an intervention by
Telelatino Network inc. (TLN) in opposition to the present application.
TLN is the licensee of the national, ethnic Category 2 specialty
programming undertaking known as Telelatino, which offers ethnic
programming targeted to Italian- and Spanish-speaking audiences. |
6. |
TLN expressed concern that NMTV would
compete with Telelatino for the same advertisers that target
Spanish-speaking Canadians. TLN claimed that approval of the present
application for authority for NMTV to broadcast local advertising would
have a negative impact on Telelatino, by contributing to a decrease in
Telelatino’s advertising revenues that are needed for the licensee to
fulfil its commitments with respect to Spanish-language programming. |
7. |
TLN added that the Commission should adhere
to its licensing policy for new ethnic Category 2 specialty programming
undertakings. |
|
Licensee’s reply
|
8. |
In reply to TLN’s intervention, NMTV inc.
noted that Telelatino broadcasts only about 50% of all its programming
in Spanish. NMTV inc. noted that, in comparison, it proposed to
broadcast 90% of its programs in Spanish. NMTV inc. maintained that
NMTV’s programming orientation is very different from that of Telelatino
and that NMTV’s programming orientation could enable it to access new
markets. |
9. |
NMTV inc. further noted that, in Hola!
Canadian Hispanic TV Network – Category 2 specialty service, Broadcasting
Decision CRTC 2005-162, 19 April
2005, the Commission approved an application by Hola! Canadian Hispanic TV Network
Inc. to operate a national, ethnic Category 2 specialty programming
undertaking known as Hola! Canadian Hispanic TV Network.
The licence for this undertaking is subject to a condition of licence
authorizing the licensee to distribute up to 12 minutes of advertising
material during each clock hour, of which no more than 6 minutes
may consist of local or regional advertising. |
|
Commission’s analysis and determination |
10. |
In Licensing framework policy for new
digital pay and specialty services, Public Notice CRTC
2000-6, 13 January 2000
(Public Notice 2000-6),
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 Category 1 service. |
11. |
In NuevoMundo Television (NMTV) – Category
2 specialty service, Broadcasting Decision CRTC 2005-147,
11 April 2005 (Decision 2005-147),
the Commission approved an application to operate a national, ethnic
Spanish-language Category 2 specialty programming undertaking, under
the criteria set out in Public Notice 2000-6.
In that decision, the Commission stated that it was satisfied that
NMTV would provide a service directed entirely to a Spanish-speaking
audience, with 90% of all programming to be offered in the Spanish
language, including a prime time schedule exclusively devoted to a
Spanish-speaking audience. Accordingly, the Commission imposed a condition
of licence requiring that not less than 90% of the programming be
in the Spanish language. The Commission also stated that it was satisfied
that NMTV would not be directly competitive with Telelatino.
|
12. |
In its new policy on third-language ethnic
Category 2 specialty services,1
the Commission now allows applicants, which request to do so,
to broadcast up to six minutes of local advertising within the
authorized 12-minute period. NMTV inc.'s application is consistent with
that revised approach. |
13. |
In light of the above, the Commission
approves the application by NMTV inc. to amend the broadcasting
licence for the national, ethnic Category 2 specialty programming
undertaking known as NuevoMundo Television (NMTV), in order to authorize
the licensee, by condition of licence, to broadcast a maximum of
12 minutes of advertising material during each clock hour, of which no
more than six minutes may consist of local or regional advertising. |
14. |
The licence will continue to be subject
to the conditions set out in Public Notice 2000-171-1,
with the exception of conditions 4. a) and 4. d), and to the conditions
set out in the appendix to Decision 2005-147. |
|
Secretary General |
|
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
|
|
Footnote: |