|
Broadcasting Decision CRTC 2006-556
|
|
Ottawa, 27 September 2006 |
|
Bhupinder Bola, on behalf of a
corporation to be incorporated
Across Canada |
|
Application 2005-1583-5
Public Hearing in Edmonton, Alberta
19 June 2006 |
|
The German Channel (TGC) – Category 2 specialty service
|
|
In this decision, the Commission
approves an application for a broadcasting licence to operate a new
Category 2 specialty programming undertaking. |
|
The application
|
1. |
The Commission received an application by
Bhupinder Bola, on behalf of a corporation to be incorporated, for a
broadcasting licence to operate a national, ethnic Category 21
specialty programming undertaking to be known as The German Channel (TGC). |
2. |
The applicant proposed to offer a
third-language, general interest service that would be devoted to the
German-speaking community. The applicant proposed that not less than 90%
of all programming broadcast during the broadcast week would be in the
German language. |
3. |
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(a) Formal education and pre-school; 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. |
4. |
The applicant also 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. |
|
Commission’s analysis and determinations
|
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 a third language, the Commission is satisfied that
the application falls under the definition of a third-language service,
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 Bhupinder
Bola, on behalf of a corporation to be incorporated, for a broadcasting
licence to operate the national, general interest, third-language,
ethnic Category 2 specialty programming undertaking, The German
Channel (TGC). |
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 local 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 The German Channel
(TGC) will devote at least 90% of its program schedule to programming
in the German language. 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. |
9. |
The applicant has indicated that it will
be entering into programming supply agreements and licence trademark
agreements with non-Canadian independent producers. The Commission
reminds the applicant that it must comply at all times with the
Direction to the CRTC (Ineligibility of non-Canadians), P.C.
1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998 (the
Direction). Accordingly, the Commission requests that the
applicant file with it for prior review, a copy of any programming
supply agreement and/or licence trademark agreement that it intends to
enter into with a non-Canadian party, in order to ensure that the
applicant complies at all times with the Direction. |
10. |
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. |
|
Issuance of the licence
|
11. |
A licence will be issued once the applicant
has satisfied the Commission, with supporting documentation, that the
following requirements have been met: |
|
- an eligible Canadian corporation has been incorporated in
accordance with the application in all material respects;
|
|
- the applicant has entered into a distribution agreement with at
least one licensed distributor; and
|
|
- 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 27 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.
|
|
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
|
|
Appendix to Broadcasting Decision CRTC 2006-556
|
|
Conditions of licence
|
|
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:
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.
|
|
2. The licensee shall provide a national, general interest,
third-language, ethnic Category 2 specialty programming service
devoted to the German-speaking community.
|
|
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:
|
|
1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
4 Religion
5 (a) Formal education and pre-school
(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
|
|
4. Not less than 90% of all programming broadcast during the
broadcast week shall be in the German language.
|
|
5. Where the licensee broadcasts religious programming as defined
in 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 the provision of balance and ethics in religious programming,
as amended from time to time.
|
|
For the purposes of the conditions of this
licence, including condition of licence no. 1, broadcast day
refers to the 24-hour period beginning each day at 6 a.m., or any other
period approved by the Commission. |
|
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: 2006-09-27 |