ARCHIVED - Decision CRTC 2001-538

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Decision CRTC 2001-538

Ottawa, 31 August 2001

All TV Inc.
Across Canada 2001-0238-5

Application processed by
Public Notice CRTC 2001-55
dated 25 May 2001

Amendments to All TV Inc.'s conditions of licence pertaining to the nature of the service and the broadcast of advertising material

1.

The Commission approves the application by All TV Inc. for amendments to the licence for the ethnic Category 2 specialty television service authorized in Decision CRTC 2000-599 dated 14 December 2000. The service and the applicant, respectively, have formerly been identified in Commission documents as Doragi Television Network, and Jang Sung Lee, on behalf of a company to be incorporated.

2.

In Decision 2000-599, the Commission authorized the applicant to provide a national ethnic Category 2 specialty television service targeting the Korean/Korean-speaking community, and set out a condition of licence prescribing the nature of the service. Among other things, the Commission specified that the programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990:

1 News
2a Analysis and Interpretation
2b Long-form documentary
5b Informal education/recreation and leisure
6a Professional sports
6b Amateur sports
9 Variety
11 General entertainment and human interest
13 Public service announcements

3.

As part of the nature of service condition of licence and as proposed by the applicant, the Commission also stated that 100% of the programming broadcast during the broadcast week shall be in Korean.

4.

In Appendix 2 to Public Notice CRTC 2000-171* that accompanied publication of this and other decisions on new Category 2 specialty service applications, the Commission set out other conditions of licence applicable to all or most such services. These included the stipulation that the licensee not broadcast any paid advertising material other than national paid advertising.

5.

In its current application, All TV Inc. has requested that its nature of service condition of licence be amended through the addition of the following categories to the list of those from which programming may be drawn:

4 Religion
7a Ongoing dramatic series
7b Ongoing comedy series
7c Specials, mini-series or made-for-TV feature films
7d Feature films, theatrical releases
7e Animated television programs or films
7f Programs of comedy sketches
7g Other
8a Music and Dance
8b Music Video Clips
8c Music Video programs
10 Game Shows
14 Infomercials
15 Filler programming

6.

The applicant indicated that, with approval of this amendment, between 30% and 35% of its proposed service would consist of programming from category 7 (Drama and comedy).

7.

The applicant also requested that it be permitted to devote a maximum of 10% of the broadcast week to programming in the English language. It indicated that it wished to include second generation Koreans who may have limited Korean language skills.

8.

Further, All TV Inc. requested that its conditions of licence be altered to permit the broadcast of local and regional advertising, as well as national paid advertising.

9.

The Commission is satisfied that the proposed amendments to the nature of service condition of licence will not bring the service into direct competition with any service licensed prior to 24 November 2000 or any Category 1 specialty services. It notes in this regard the absence of any opposing interventions.

10.

Accordingly, the Commission amends the condition of licence set out in Decision CRTC 2000-599 pertaining to All TV Inc.'s nature of service to read as follows:

Nature of service
a) The licensee shall provide a national ethnic Category 2 specialty television service targeting the Korean/Korean-speaking community.
b) The programming must be drawn exclusively from the following categories, as set out in Schedule 1 to the Specialty Services Regulations, 1990: 1, 2a, 2b, 4, 5b, 6a, 6b, 7a, 7b, 7c, 7d, 7e, 7f, 7g, 8a, 8b, 8c, 9, 10, 11, 13, 14 and 15.
c) No less than 90% of the programming broadcast during the broadcast week shall be in Korean, and a maximum of 10% may be in English.

11.

With regard to the broadcast of local and regional advertising, the Commission notes that it has permitted the broadcast of a limited amount of local and regional advertising by other national ethnic Category 2 specialty services. Consistent with this approach, the Commission hereby stipulates that condition of licence 4, as set out in Appendix 2 of Public Notice CRTC 2000-171*, shall not apply to this licensee. Instead, the Commission imposes the following condition of licence:

Advertising
a) Except as otherwise provided in paragraphs b), and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, no more than 6 minutes of which may consist of local or regional advertising.
b) Where a program occupies time in two or more consecutive clock hours, the licensee may exceed the maximum number of minutes of advertising material allowed in those clock hours if the average number of minutes of advertising material in the clock hours occupied by the program does not exceed the maximum number of minutes that would otherwise be allowed per clock hour.
c) In addition to the twelve minutes of advertising material referred to in subparagraph a), the licensee may broadcast partisan political advertising during an election period.

Secretary General

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca

__________________________
* As corrected by Public Notice CRTC 2001-171-1

Date Modified: 2001-08-31

Date modified: