ARCHIVED - Broadcasting Decision CRTC 2010-687

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Route reference: 2010-379

Ottawa, 15 September 2010

Channel Punjabi Television Inc.
Across Canada

Application 2010-0790-7, received 7 May 2010

PTC Punjabi – Licence amendment

The Commission approves the application by Channel Punjabi Television Inc. (Channel Punjabi) to amend the broadcasting licence for the national, general interest, third-language, ethnic Category 2 specialty service known as PTC Punjabi in order to add to the list of program categories from which it may draw programming.

The Commission approves the request by Channel Punjabi to authorize it to distribute separate local programming in Vancouver and Toronto.

The application

1.    The Commission received an application by Channel Punjabi Television Inc. (Channel Punjabi) to amend the broadcasting licence for the national, general interest, third-language, ethnic Category 2 specialty programming undertaking known as PTC Punjabi (formerly Channel Punjabi) in order to add program category 14 Infomercials, promotions and corporate videos to the list of program categories from which it may draw its programming. The Commission did not receive any interventions in connection with this application.

2.    Channel Punjabi also requested a condition of licence authorizing separate local programming in Vancouver and Toronto, provided that the hours dedicated to such local programming do not exceed 15% of its programming during each broadcast year. 

3.    The licensee submitted that the authorization of separate local programming would benefit PTC Punjabi’s viewers where coverage of news events is delayed because of time-shifting by providing them with more timely and focused coverage of local news, community events and local special events programming. The licensee cited Fairchild Television – Licence renewal, Broadcasting Decision CRTC 2004-302, 30 July 2004, in which the Commission approved an application by Fairchild Television Ltd. (Fairchild) to amend the broadcasting licence for the national ethnic analog specialty television programming undertaking Fairchild Television to permit the service to broadcast a limited amount of local programming in Vancouver and Toronto.

Commission’s analysis and determinations

4.    After examining the application in light of applicable regulations and policies, the Commission considers that the issues to be addressed in its determinations relate to the following:

Addition of a program category

5.    The commission considers that the addition of program category 14 would not raise any competitiveness issues with any Category 1 service. Accordingly, the Commission approves the licensee’s request to add category 14 to the list of program categories from which it may draw its programming.

6.    The current condition of licence 3 is replaced by the following condition of licence:

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
14 Infomercials, promotional and corporate videos

Condition of licence authorizing local programming in Vancouver and Toronto

7.    The Commission notes that the licensee is already permitted to broadcast up to six minutes per hour of local advertising. As a result, the impact of this local advertising inventory has arguably already been absorbed by the local advertising market. Although the introduction of local programming specific to Vancouver and Toronto may affect the value of PTC Punjabi’s advertising inventory in those markets, it is impossible to assess its impact.

8.    The Commission is of the view that the Punjabi-speaking community would be better served by the approval of the request to distribute local programming because, as noted by the licensee, the majority of the community lives either in Vancouver or Toronto, and that each would benefit from more time-sensitive programming.

9.    However, since it is not clear what impact, if any, the proposed local programming would have on the licensee’s local advertising inventory, the Commission considers that a more restrictive limitation should be imposed than that requested by the applicant. In the case of Fairchild, the licensee is permitted to devote up to 7% of the broadcast day (measured over the broadcast month) to local programming on its ethnic service. Channel Punjabi requested that it be allowed to devote up to 15% of its programming during the broadcast year to local programming. It is the Commission’s view that a Category 2 service such as PTC Punjabi should not be granted greater flexibility than an analog service such as Fairchild Television, which must meet greater obligations.

10.     Accordingly, the Commission approves the licensee’s request. Specifically, the Commission imposes the following condition of licence:

The licensee may distribute separate local programming in place of its national service to affiliated broadcasting distribution undertakings, provided that the hours dedicated to such local programming do not exceed 7% of the licensee’s programming during each broadcast month.

Secretary General

*This decision is to be appended to the licence.

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