ARCHIVED - Broadcasting Decision CRTC 2004-297

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Broadcasting Decision CRTC 2004-297

  Ottawa, 28 July 2004
  Astral Broadcasting Group Inc.
Across Canada
  Application 2003-1400-8
Broadcasting Public Notice CRTC 2004-1
8 January 2004
 

Super Écran - Licence amendment

  In this decision, the Commission denies the application by Astral Broadcasting Group Inc. to amend condition 6 of the Super Écran licence to assign part of the funds earmarked for Canadian programming expenditures to the production of French-language fiction feature films.
 

The application

1.

The Commission received an application by Astral Broadcasting Group Inc. (the Astral Group), the licensee of the French-language national general interest pay television service known as Super Écran, seeking to amend condition 6 of the Super Écran licence to allow it to assign a portion of its funding for Canadian programming expenditures to the production of French-language fiction feature films.

2.

The Astral Group is currently required, by condition of licence, to expend the amounts indicated below on script and concept developmentà consacrer, excluding overhead costs, in each broadcast year of its licence term:
 

2001-2002 - $350,000
2002-2003 - $375,000
2003-2004 - $400,000
2004-2005 - $500,000
2005-2006 - $550,000
2006-2007 - $600,000
2007-2008 - $700,000

3.

According to the Astral Group, the requested amendment would allow the administrators of the Astral Media Harold Greenberg Fund (the Harold Greenberg Fund) the flexibility to apportion the Astral Group expenditures between development support and production support. The development support component helps fund concept and script development, and the production support component helps fund the production of French-language fiction feature films.
 

Intervention

4.

The Commission received one intervention concerning this application. The Société des auteurs de radio, télévision et cinéma (SARTEC) filed an opposing intervention, arguing that investment in research and development is needed to maintain a vibrant Canadian cinema industry. It also noted the recent creation of the development support component of the Harold Greenberg Fund, which supports the writing of quality scripts and helps to narrow the gap between production expenditures and development expenditures. In addition, SARTEC pointed out that the Harold Greenberg Fund had declined to fund several projects under development due to a shortage of available funding.
 
The licensee's reply

5.

The licensee emphasized that the requested amendment would allow it to focus on the quality of the projects at every stage and to make a greater contribution to the overall success of Canadian cinema. It anticipates that the resources allocated to the development support component will continue to grow at a higher annual rate than those allocated to production support.
 

The Commission's analysis and determination

6.

The Commission notes that there are currently 22 separate private production funds resulting from contributions by distribution undertakings, benefits arising from transactions, conditions of licence or other sources. On the whole, these funds are complementary and fill a variety of needs. Some of them, such as the Harry Greenberg Fund, are essential to make up for the funding shortfall in Canada, particularly in development.

7.

The Commission notes that the Harold Greenberg Fund, which was established in September 1996, is intended to fund French-language motion picture and television productions. It is made up of four budgetary envelopes. The funds in the third envelope are used to finance options and script development for fiction feature films. Super Écran funds the third budgetary envelope of the Harold Greenberg Fund, and its contribution, over the licence term, reaches $3,475,000.

8.

The Commission notes the argument by the Astral Group that the amount of funding available for the development support component will exceed the amount available for production support over the course of the current licence term. However, the Commission considers that it is difficult to compare the funding amounts, given that the licensee is only in the second year of its licence term. It is also difficult to examine such an application in isolation, without evaluating the effect that its approval could have on the overall funding allocated to development.

9.

The Commission notes that Super Écran's current requirements for contributions to concept and script development help to ensure career continuity for Canadian creators and to encourage the cultivation of new talent. Given that few concepts make it to the scriptwriting stage and that few scripts make it to production, and in order to conserve and encourage new talent, the Commission considers that the concept and script development component must be maintained. It is of the view that development support is crucial to the survival of new writers and, consequently, of new feature films.

10.

In light of the foregoing, the Commission denies the application by Astral Broadcasting Group Inc. to amend condition 6 of the Super Écran licence.
  Secretary General
  This decision is available in alternative format upon request, and may also be examined at the following Internet site: http://www.crtc.gc.ca 

Date Modified: 2004-07-28

Date modified: