ARCHIVED -  Decision CRTC 97-257

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Decision

Ottawa, 6 June 1997
Decision CRTC 97-257
Odyssey Television Network Inc.
Toronto, Ontario - 199617370
Licence amendment
1. Following Public Notice CRTC 1997-10 dated 22 January 1997, the Commission approves the application by Odyssey Television Network Inc. (Odyssey), licensee of the ethnic specialty programming undertaking known as Odyssey, to amend its broadcasting licence in order to authorize the distribution of its service across Canada.
2. This service was authorized as a regional service for distribution in Ontario, in Decision CRTC 96-616 dated 4 September 1996.
3. Accordingly, the Commission deletes paragraph (a) of condition of licence no. 1 regarding the nature of service and substitutes the following therefor:
1. (a) The licensee shall provide a national specialty service, with programming intended for the Greek communities of Canada. Subject to subsection b), Odyssey shall draw 100% of its programs from TYPE A programs as defined in Schedule II of the Specialty Services Regulations, 1990, in the Greek language.
4. Regarding the distribution that this service may anticipate, the Commission notes that consistent with Public Notice CRTC 1996-120 dated 4 September 1996, and in accordance with the provisions set out in the distribution and linkage requirements (Public Notice CRTC 1996-121 dated 4 September 1996), this service will be provided exclusively as a discretionary service and will be distributed in Canada at the discretion of broadcasting distribution undertakings. The signal will also be available for distribution across Canada by licensed direct-to-home (DTH) distribution undertakings.
5. The Commission acknowledges the opposing interventions submitted by Rogers Broadcasting Limited, licensee of CFMT-TV Toronto, by CTEQ Television Inc., licensee of CJNT-TV Montréal, and by John Draperis, operator of CHCR Cable Radio Station FM, a closed circuit service distributed by cable undertakings in the greater Montréal area.
6. The interveners noted that Odyssey's application for amendment, which they qualified as fundamental, was submitted only a short time after this service was authorized to operate as a regional service. One intervener claimed that his decision not to intervene in opposition to the original application was based on the regional scope of the application. Another intervener argued that this application constituted a "backdoor" approach to operate on a national basis while yet another intervener indicated that the application was inconsistent with statements made by the licensee at the hearing.
7. The interveners also expressed concerns about the impact that the national distribution of Odyssey would have on the advertising revenues of their services, and noted that similar programming undertakings are subject to a condition of licence restricting local and regional advertising.
8. CTEQ Television Inc. expressed concerns that the acquisition costs of certain types of programming would rise considerably as a result of the national operation of this service.
9. In its reply, Odyssey contended that its application for amendment was made in the context of changed marketplace conditions, and that it was a legitimate response to the growing "grey market" (for direct broadcast satellite services) and "the continuing integrity of the Canadian broadcasting system".
10. Odyssey also indicated that it believed the interveners had failed to demonstrate how approval of its application would have an adverse impact on their respective services.
11. The Commission has carefully reviewed the concerns expressed by the interveners as well as the licensee's replies thereto. It is satisfied that as a national, discretionary service, Odyssey will attract different audiences than those of the opposing interveners. Approval of this application should not therefore have a significant impact on existing multicultural services. In approving this application, the Commission is further satisfied that the distribution of this discretionary service on a national basis will offer a Canadian alternative to programming in the Greek language.
12. The Commission acknowledges the interventions in support of this application.
This decision is to be appended to the licence.
Allan J. Darling
Secretary General
This document is available in alternative format upon request.
DEC97-257_0
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