ARCHIVED - Broadcasting Regulatory Policy CRTC 2010-799

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Route reference: 2010-650

Ottawa, 28 October 2010

Addition of German Kino Plus to the lists of eligible satellite services for distribution on a digital basis

The Commission approves a request to add German Kino Plus to the lists of eligible satellite services for distribution on a digital basis and amends the lists accordingly. The revised lists are available on the Commission’s website at www.crtc.gc.ca under “Broadcasting Sector.”

Introduction

1.      The Commission received a request dated 15 June 2010 from Ethnic Channels Group Limited (ECGL) for the addition of German Kino Plus (GKP), a non-Canadian German-language satellite service, to the lists of eligible satellite services for distribution on a digital basis (the digital lists).

2.      ECGL described GKP as a service that offers German programming primarily focusing on movies, but that also includes television series, documentaries, music programs, children’s programs and travel features.

3.      The Commission’s general approach to the addition of third-language non-Canadian services is set out in Broadcasting Public Notice 2004-96. In the case of non-Canadian third-language services that provide narrowly targeted or “niche” programming, the Commission stated that it would continue to apply a case-by-case assessment to determine whether a proposed service would be partially or totally competitive with Canadian pay or specialty services.

4.      In Broadcasting Notice of Consultation 2010-650, the Commission called for comments on the proposed addition of GKP to the digital lists pursuant to the approach described above. The Commission stated that it would rely primarily on the comments filed to identify the Canadian pay and specialty services with which GKP might be totally or partially competitive and which therefore should be included in the assessment of the competitiveness of the service. The Commission asked that parties wishing to argue that GKP would be competitive should therefore name the specific Canadian pay or specialty service or services with which they considered the service would compete and provide details to support their views, such as comparisons as to nature and genre of service, programming schedule, programming sources and supply, and target audience.

Comments received

5.      The Commission received no comments in response to Broadcasting Notice of Consultation 2010-650.

Commission’s analysis and determinations

6.      In the absence of opposing comments, the Commission concludes that there is no Canadian pay or specialty service with which GKP would compete. Accordingly, the Commission approves the addition of GKP to the digital lists and amends the lists of eligible satellite services accordingly. The lists of eligible satellite services are available on the Commission’s website at www.crtc.gc.ca under “Broadcasting Sector” and may be obtained in hard copy on request.

Secretary General

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