|
|
Broadcasting Decision CRTC 2006-486
|
|
|
Ottawa, 7 September 2006
|
|
|
Surjit S. Gill, on behalf of a corporation to be incorporated
Across Canada
|
|
|
Application 2005-0403-6
Public Hearing in the National Capital Region
1 May 2006
|
|
|
Channel Punjabi - 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 Surjit S. Gill, 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 Channel Punjabi.
|
|
2.
|
The applicant proposed to offer a third-language general interest service with programming primarily in Punjabi. 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(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; 8(a) Music and dance other than music video programs or clips; 8(b) Music video clips; 8(c) Music video programs; 9 Variety; 11 General entertainment and human interest; and 13 Public service announcements.
|
|
3.
|
The applicant proposed to broadcast not less than 80% of its programming in the Punjabi language, not more than 10% in the Hindi language and not more than 10% in the English language.
|
|
4.
|
The applicant requested that it be authorized, by condition of licence, to broadcast up to six minutes per hour of local and regional advertising.
|
|
|
Interventions
|
|
5.
|
The Commission received interventions in opposition to this application by Faiyaz Khan, Humayun Sheikh and Omar Elahi. The interveners argued that a Punjabi-language service that does not distinguish between Pakistani Punjabis and Indian Punjabis would be misrepresenting and misleading to people.
|
|
|
Applicant's reply
|
|
6.
|
In response, the applicant noted that these interventions did not address the substance or content of the proposed service, but rather the suggested name of the service. The applicant stated that the Commission has never involved itself in the names of the services it licenses and that licensees have always been free to change names of their services at will. The applicant also pointed out that the Commission has already licensed at least two services with the word "Punjabi" in the proposed name, that is to say, Rang Punjabi, Decision CRTC 2000-595, 14 December 2000, and Punjabi Channel, Decision CRTC 2000-686, 14 December 2000. The applicant further stated that those services do not indicate any differentiations between Pakistani-Punjabi programming and Indian-Punjabi programming.
|
|
7.
|
With respect to the origin of the programming in question, the applicant stated that, in correspondence with the Commission dated 25 August 2005, the applicant clearly indicated that its programming will originate in India.
|
|
|
Commission's analysis and determinations
|
|
8.
|
The Commission acknowledges the concerns raised by the opposing interveners and is satisfied with the applicant's response.
|
|
9.
|
The Commission finds 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 third languages, the Commission finds 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 Surjit S. Gill, 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, Channel Punjabi.
|
|
10.
|
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 such 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.
|
|
11.
|
The Commission notes that Channel Punjabi will devote at least 90% of its program schedule to programming in Punjabi and Hindi. 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.
|
|
12.
|
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
|
|
13.
|
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 7 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: www.crtc.gc.ca
|
|
|
Appendix to Broadcasting Decision CRTC 2006-486
|
|
|
Conditions of licence
|
|
|
1. The licence will be subject to the conditionsset 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:
|
|
|
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 primarily to the Punjabi-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 (b) Amateur sports
7 (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
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
11 General entertainment and human interest
13 Public service announcements
|
|
|
4. Not less than 90% of all programming broadcast during the broadcast week shall be in the Punjabi and Hindi languages.
|
|
|
5. Not more than 10% of all programming broadcast during the broadcast week shall be in the Hindi language
|
|
|
6. 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: 2006-09-07
|