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Broadcasting Decision CRTC 2006-54
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Ottawa, 10 March 2006 |
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The Family Channel Inc.
Across Canada |
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Application 2005-0609-0
Public Hearing in the National Capital Region
19 December 2005 |
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Boyz Own – 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
The Family Channel Inc. (Family) for a broadcasting licence to operate a
national, English-language Category 21
specialty programming undertaking to be known as Boyz Own. Family is
currently the licensee of Family Channel, a national, English-language
general interest pay television service targeted to children, youth to
age 17, and families in conjunction with such children and youth. |
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2. |
The applicant indicated that
the proposed Boyz Own service would be devoted to informative and
entertaining programming that is sensitive to the development, education
and needs of young boys. The programming would focus on issues and
activities that are of particular interest to boys between the ages of 8
and 13 years, such as action/adventure, outdoor themes, extreme sports
and video games. |
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3. |
All of the programming would
be drawn from the following categories, as set out in Schedule 1 of the
Specialty Services Regulations, 1990: 2(a) Analysis and
interpretation; 5(b) Informal education/Recreation and leisure; 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; 8(b) Music video clips; 10 Game shows; 11
General entertainment and human interest; 12 Interstitials; 13 Public
service announcements; and 14 Infomercials, promotional and corporate
videos. |
| 4. |
Family proposed specific
restrictions on the programming to be broadcast by Boyz Own. In each
broadcast week, no more than 50% of all programming would be drawn from
category 7. Of that 50%, no more than 15% would be drawn from category
7(d), and no more than 15% from category 7(e) with an additional 10%
that may be drawn from category 7(e) programming that has been
previously broadcast on Family Channel. Further, in each broadcast week,
no more than 10% of all programming would be drawn from category 6(b),
and no more than 10% would be drawn from category 8(b). In addition, the
proposed service would not broadcast live coverage of sporting or
musical events. |
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Intervention
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5. |
The Commission received one
intervention opposing this application from Corus Entertainment Inc. (Corus),
which has ownership interests in the English-language specialty
services, Treehouse TV (Treehouse) and YTV. Both of these services are
targeted to youth and children. |
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6. |
Corus submitted that the
proposed service would appeal to all children in the 8 to 13 year age
group, not just to boys. In this regard, Corus contended that girls’ and
boys’ entertainment tastes are far less distinguishable than suggested
by Family in its application. Corus further claimed that, given that the
proposed service, as a Category 2 service, would be subject to lower
Canadian content requirements than analog specialty services and,
therefore, able to purchase more foreign produced programming, it could
become unduly competitive with Treehouse and YTV. |
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Applicant’s reply
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7. |
In response, Family submitted
that its internal data indicates that there are significant differences
in the "favourite show" preferences of girls and boys. Family also cited
YTV Tween Report, a research report commissioned annually by YTV
and published on its website, which seems to establish clear differences
in interests between girls and boys. Family further noted that,
notwithstanding the existence of Treehouse and YTV, the Commission has
already approved gender-based youth niche services such as the
Category 2 services Girls TV2
and The Girls Network3. |
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8. |
Family argued that the fact
that Category 2 services are subject to lower Canadian content
requirements is not relevant in establishing the competitive nature of a
Category 2 application. Family maintained that it has endeavoured,
through its application and its responses to deficiency questions by the
Commission, to "narrowcast" its proposed service is such a way as to
comply fully with the Commission’s Category 2 licensing framework. |
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Commission’s analysis and determination
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9. |
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 Category 2 service might have on an existing Category 2 service,
it does seek to ensure that Category 2 services do not compete directly
with any existing pay or specialty television service, including any
Category 1 service. |
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10. |
In Introductory statement
- Licensing of new digital pay and specialty services, Public
Notice CRTC 2000-171,
14 December 2000, and Corrected Appendix 2, Public Notice CRTC
2000-171-1, 6 March
2001 (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. |
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11. |
In the present case, the
Commission has considered the arguments presented by the applicant and
the intervener. The Commission is satisfied that Boyz Own’s nature of
service is sufficiently specific to ensure that it will not be directly
competitive with any analog pay, specialty or existing Category 1
service, including Treehouse and YTV. The proposed Boyz Own service will
be devoted to serving the distinct entertainment and information needs
of boys between the ages of 8 and 13 years. In comparison, all of the
programs broadcast by Treehouse between 6 a.m. and 9 p.m. must be
targeted to children up to six years of age while YTV is mandated to
serve a broad spectrum of youth up to the age of 17. The Commission has
also noted that the data provided by Family demonstrates that there are
some clear differences between young female and young male audiences.
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12. |
Furthermore, the Commission considers that
the restrictions that Family has proposed with respect to the amount of
programming that it will offer in each broadcast week from categories
6(b), 7, and 8(b), as noted in the appendix to this decision, as well as
its commitments not to broadcast live coverage of sporting events should
serve to sufficiently limit the potential for Boyz Own to become
directly competitive with existing analog or Category 1 services. |
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13. |
In light of all of the above, the Commission
is 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 The
Family Channel Inc. for a broadcasting licence to operate the national,
English-language Category 2 specialty programming undertaking,
Boyz Own. |
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14. |
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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15. |
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 10 March 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 2006-54
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Conditions of licence
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1. The licence shall 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, English-language
Category 2 specialty programming undertaking devoted to serving the
distinct entertainment and information needs of boys aged 8 to 13
years. The licensee shall provide programming that is sensitive to the
development, education and needs of young boys. The programming shall
focus on issues unique to boys aged 8 to 13 years including interests
and activities such as action/adventure, outdoor themes, extreme
sports and video games.
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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 (a) Analysis and interpretation
5 (b) Informal education/Recreation and leisure
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
8 (b) Music video clips
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. No more than 10% of all programming broadcast during the
broadcast week shall be drawn from category 6(b).
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5. The licensee shall not broadcast live coverage of sporting
events.
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6. No more than 10% of all programming broadcast during the
broadcast week shall be drawn from category 8(b).
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7. No more than 15% of all programming broadcast during the
broadcast week shall be drawn from category 7(d).
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8. No more than 15% of all programming broadcast during the
broadcast week shall be drawn from category 7(e). An additional 10% of
the programming broadcast during the broadcast week may be drawn from
category 7(e) so long as this programming is programming that has been
previously broadcast on Family Channel.
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9. No more than 50% of all programming broadcast during the
broadcast week shall be drawn from category 7.
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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. |
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Footnotes:
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.
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Date Modified: 2006-03-10 |
