ARCHIVED - Broadcasting Decision CRTC 2014-156

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Route reference: 2013-536

Ottawa, 2 April 2014

Sylvain Gagné, on behalf of a corporation to be incorporated
Across Canada

Application 2013-0117-6, received 14 January 2013
Public hearing in the National Capital Region
5 November 2013

FRISSONS TV – Specialty Category B service

The Commission approves an application for a broadcasting licence to operate a new specialty Category B service.

The application

1. Sylvain Gagné, on behalf of a corporation to be incorporated (OBCI), filed an application for a broadcasting licence to operate FRISSONS TV, a national, French-language specialty Category B service that would be devoted to horror feature films, horror series as well as other programming such as magazine shows dedicated to the phenomenon of horror. FRISSONS TV intends to create original horror series. The service would be directed to an audience 18 years of age and older. The Commission did not receive any interventions regarding this application.

2. Sylvain Gagné (OBCI) would be owned by Sylvain Gagné (51% voting interest) and Joël Martin (49% voting interest), and controlled by Sylvain Gagné pursuant to the terms of a unanimous shareholders’ agreement.

3. The applicant proposed to draw programming from the following program categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time: 2(b), 3, 7(a), 7(c), 7(d), 7(e), 7(g), 10, 11(a), 12, 13 and 14.

4. To ensure that the proposed service would not be directly competitive with existing Category A services, the applicant indicated that it would accept the following conditions of licence :

The licensee shall not devote more than 10% of the programming broadcast during the broadcast month to programs drawn from each of program categories 2(b) and 3.
The licensee shall not devote more than 50% of the programming broadcast during the broadcast month to programs drawn from program category 7(d).

Commission’s analysis and decision

5. The Commission notes that the proposed limit of 10% for program category 2(b) is consistent with the standard limitation set out in Broadcasting Public Notice 2008-100. However, the Commission notes that the applicant proposed a limit of 50% for program category 7(d) and did not propose any limit for category 7(e), whereas the limit for each of these categories is set at 10%. In this regard, the Commission considers that FRISSONS TV’s nature of service—which is strictly dedicated to horror—is sufficient to ensure that the service does not come into direct competition with existing Category A services. It therefore considers that the applicant’s proposals for program categories 7(d) and 7(e) are appropriate.

6. The Commission is satisfied that the application complies with all applicable policies, terms and conditions, including those set out in Public Notice 2000-6, Broadcasting Public Notice 2008-100, and Broadcasting Regulatory Policies 2010-786 and 2010-786-1. Accordingly, the Commission approves the application by Sylvain Gagné, on behalf of a corporation to be incorporated, for a broadcasting licence to operate FRISSONS TV, a national, French-language specialty Category B service. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

7. The Commission reminds the applicant that the distribution of this service is subject to the requirements set out in the Broadcasting Distribution Regulations.

Secretary General

Appendix to Broadcasting Decision CRTC 2014-156

Terms, conditions of licence, expectations and encouragements for the national, French-language specialty Category B service FRISSONS TV

Terms

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 and has provided the Commission with a launch date for the service. The undertaking must be operational at the earliest possible date and in any event no later than 48 months from the date of this decision.

The licence will expire 31 August 2020.

Conditions of licence

1. The licensee shall adhere to the conditions set out in Appendix 1 to Standard conditions of licence, expectations and encouragements for Category B pay and specialty services – Corrected Appendices 1 and 2, Broadcasting Regulatory Policy CRTC 2010-786-1, 18 July 2011, as amended from time to time.

2. In regard to the nature of service:

(a) The licensee shall provide a national, French-language specialty Category B service devoted to horror feature films, horror series as well as other programming such as magazine shows dedicated to the phenomenon of horror. The service shall be directed to an audience 18 years of age and older.

(b) The programming shall be drawn exclusively from the following program categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

2    (b) Long-form documentary
3    Reporting and actualities
7    (a) Ongoing dramatic series
      (c) Specials, mini-series or made-for-TV feature films
      (d) Theatrical feature films aired on TV
      (e) Animated television programs and films
      (g) Other drama
10 Game shows
11 (a) General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

(c) The licensee shall not devote more than 10% of the programming broadcast during the broadcast month to programs drawn from each of program categories 2(b) and 3.

(d) The licensee shall not devote more than 50% of the programming broadcast during the broadcast month to programs drawn from program category 7(d).

3. The service approved hereby is designated as a Category B service.

For the purposes of these conditions of licence, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m. or any other period approved by the Commission.

Expectations

The standard expectations applicable to this licensee are set out in Appendix 1 to Standard conditions of licence, expectations and encouragements for Category B pay and specialty services – Corrected Appendices 1 and 2, Broadcasting Regulatory Policy CRTC 2010-786-1, 18 July 2011, as amended from time to time.

Encouragements

The standard encouragements applicable to this licensee are set out in Appendix 1 to Standard conditions of licence, expectations and encouragements for Category B pay and specialty services – Corrected Appendices 1 and 2, Broadcasting Regulatory Policy CRTC 2010-786-1, 18 July 2011, as amended from time to time.

Date modified:: 2014-04-02

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