ARCHIVED -  Public Notice CRTC 1999-177

Public Notice

See also: 1999-177-1

Ottawa, 2 November 1999

Public Notice CRTC 1999-177

The Commission has received the following applications:

1. ACROSS CANADA

Application (199812657) by CHUM LIMITED (MUCHMUSIC) to renew and amend the broadcasting licence for the national specialty service known as MuchMusic. CHUM proposes to amend the licence by increasing, in anglophone markets only, the maximum wholesale rate per subscriber per month, where MuchMusic is carried as part of a Class 1 distributor's basic service package. Under the Broadcasting Distribution Regulations, distributors are allowed to recover this rate from subscribers. The existing maximum wholesale rate for MuchMusic in anglophone markets is $0.09.

From Sept. 1, 1999 to Aug. 31, 2000: $0.10
From Sept. 1, 2000 to Aug. 31, 2001: $0.11
From Sept. 1, 2001 to Aug. 31, 2002: $0.12
From Sept. 1, 2002 to Aug. 31, 2003: $0.13
From Sept. 1, 2003 to Aug. 31, 2006: $0.14

Examination of application:

CHUM Limited (MuchMusic)
299 Queen Street West
Toronto, Ontario
M5V 2Z5

2. ACROSS CANADA

Applications (199903422, 199908373) by LES RÉSEAUX PREMIER CHOIX INC. (CANAL FAMILLE) to renew the broadcasting licence of Canal Famille, a French-language specialty programming undertaking serving all of Canada, to expire on 29 February 2000. The licensee also proposes to:

·  modify its service by including programs for all members of the family, with the emphasis on family values. Currently, Canal Famille programming is directed exclusively to an audience consisting of children and youth up to 14 years of age. With a view to offering programming that appeals to families, the licensee proposes to expand its target audience to include youth up to 17 years of age and the 18-24 age group.

·  amend the definition of "broadcast day" to provide its programming service 24 hours a day. This amendment would result in basically the same volume of programming directed to pre-school children (2-5 age group), children (6-11) and youth (12-17), which is approximately 82 hours a week, and would add about 45 hours a week of programming directed specifically to young adults (18-24) and family audiences. At its last renewal, in 1992, Canal Famille proposed hours of broadcast of 7 a.m. to 7 p.m. from Monday to Thursday, 7 a.m. to 8 p.m. on Sunday, and 7 a.m. to 9 p.m. on Friday and Saturday and during extended holiday periods and summer holidays.

·  continue distributing at least 60% Canadian programming during the broadcast day and devote at least 50% of the evening broadcast period (6 p.m. to midnight) to Canadian programming. Canal Famille also proposes that at least 60% of its programming will be directed to children and youth up to age 17.

·  increase its distribution of original, first-run Canadian programs from 104 to 150 hours, and amend the definition of "first-run" to include the following programs acquired in pre-production:

-  programs distributed previously by a Canadian discretionary service (pay-TV or pay-per-view); and

-  programs distributed for the first time by a Canadian specialty or pay-TV service in a language other than the language in which it was originally distributed by another broadcaster.

·  distribute a maximum of 12 minutes of advertising material per clock hour during programs other than those directed to children (0-11 years). Canal Famille is not currently authorized to distribute advertising material.

·  amend the condition of licence relating to the maximum monthly wholesale rate excluding the portion allowing annual increases due to inflation;

·  attach conditions of licence relating to industry codes for broadcast advertising to children, television violence, and sex-role portrayal.

 Details of the amendments are provided in the application.

 Examination of applications:

 Les Réseaux Premier Choix inc.
 2100 Sainte-Catherine Street West
 Suite 800
 Montréal, Quebec
 H3H 2T3

3. ACROSS CANADA

Application (199812623) by YTV CANADA, INC. to renew the broadcasting licence of the national, English-language specialty service known as YTV, and to amend the existing licence by:

·  Altering the requirement that all drama programming on YTV have a major character (protagonist) who is a child, youth, puppet, animated character, animal, comic book, folk or super-hero character, classical or historical hero. The licensee proposes that this requirement apply only to programming broadcast between 6:00 p.m. and 9:00 p.m.

·  Deleting the one hour limit on distribution, between 6 p.m. and midnight, of drama produced in the United States.

·  Increasing to 70% from 60%, the minimum amount of Canadian programming broadcast each year, between the hours of 6 p.m. and midnight.

·  Increasing the broadcast of original, first-run Canadian programs acquired from the independent production sector, from a yearly minimum of 90 hours, to 100 hours per year for the first three years of the licence term, and 125 hours for each of the remaining four years.

·  Increasing to 38% from 35% the percentage of annual gross revenues required to be spent on acquiring and investing in Canadian programming.

·  Removing the requirement that a minimum of 35% of non-Canadian programming be devoted to programs from sources outside of North America.

·  Allowing advertising during programs that are directed to children five years of age and younger.

·  Increasing the maximum wholesale rate per subscriber per month, where YTV is carried as part of a distributor's basic service package. Under the Broadcasting Distribution Regulations distributors are allowed to recover this rate from subscribers. The existing YTV wholesale rates are $0.35 in anglophone markets and $0.09 in francophone markets.

 Proposed maximum monthly wholesale rate in anglophone markets:

  From 1 Sept. 1999 to 31 Aug. 2002: $0.38
  From 1 Sept. 2002 to end of licence term: $0.40

 Proposed maximum monthly wholesale rate in francophone markets:

  From 1 Sept. 1999 to end of licence term: $0.10

·  Requiring that YTV adhere to the guidelines on gender portrayal in the Canadian Association of Broadcaster's (CAB's) Sex Role Portrayal Code for Television and Radio Programming.

·  Requiring that YTV adhere to the CAB's Broadcast Code for Advertising to Children.

·  Requiring that YTV adhere to the guidelines on the depiction of violence in television programming set out in the CAB's Voluntary Code Regarding Violence in Television Programming.

Examination of application:

YTV Canada, Inc.
64 Jefferson Avenue
Unit 18
Toronto, Ontario
M6K 3H3

Shaw Communications Inc.
Suite 900
630 - 3rd Avenue South West
Calgary, Alberta

 PUBLIC PARTICIPATION

 Intervention

 IN ORDER TO BE CONSIDERED BY THE COMMISSION AND PLACED ON THE PUBLIC FILE,

-  submit your original written intervention to the Secretary General of the Commission (CRTC, Ottawa, K1A 0N2). A true copy MUST be sent to the applicant and proof that this has been done must accompany the original intervention sent to the Commission.

 Please note that you may also file your interventions by Electronic Mail

-  the intervention may be filed with the Commission by electronic mail at the following e-mail address: procedure@crtc.gc.ca and should indicate if a true copy has been sent to the applicant. Each paragraph of the document should be numbered. In addition, as an indication that the document has not been damaged during electronic transmission, the line ***End of document*** should be entered following the last paragraph of each document. However, your intervention and the proof of service to the applicant will also have to be filed in hard copy;

-  please note, that only the documents (applications and interventions) electronically filed will be available on the Commission's web site. You will be able to access these documents by indicating the public notice or the notice of public hearing number;

-  the intervention must be received by the CRTC and by the applicant ON OR BEFORE the deadline date indicated below. The Commission cannot be held responsible for postal delays;

-  your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds therefor. In the event that the application is brought to the oral phase of the hearing it would be helpful to the Commission if you provide reasons why your written comments are not sufficient and an appearance is necessary;

 Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out above has been followed. You will be contacted only if your submission raises procedural questions.

 DEADLINE FOR INTERVENTION:

 8 December 1999

 EXAMINATION OF DOCUMENTS
 DURING NORMAL OFFICE HOURS

 Documents are available:
°  at the local address provided in this notice; and
°  at the following Commission offices:

 Central Building
 Les Terrasses de la Chaudière
 1 Promenade du Portage, Ground Floor
 Hull, Quebec K1A 0N2
 Tels: (819) 997-2429 - TDD 994-0423
 Telecopier: (819) 994-0218

 Bank of Commerce Building
 Suite 1007
 1809 Barrington Street
 Halifax, Nova Scotia B3J 3K8
 Tels: (902) 426-7997 - TDD 426-6997
 Telecopier: (902) 426-2721

 405 DeMaisonneuve Boulevard East
 2nd Floor, Suite B2300
 Montréal, Quebec H2L 4J5
 Tels: (514) 283-6607 - TDD 283-8316
 Telecopier: (514) 283-3689

 Kensington Building
 275 Portage Avenue
 Suite 1810
 Winnipeg, Manitoba R3B 2B3
 Tels: (204) 983-6306 - TDD 983-8274
 Telecopier: (204) 983-6317

 530 - 580 Hornby Street
 Vancouver, British Columbia
 V6C 3B6
 Tels: (604) 666-2111 - TDD 666-0778
 Telecopier: (604) 666-8322

 C.R.T.C. Documentation Centre
 55 St. Clair Avenue East
 Suite 624
 Toronto, Ontario
 M4T 1M2
 Telephone: (416) 952-9096
 Telecopier: (416) 954-6343

 C.R.T.C. Documentation Centre
 Cornwall Professional Building
 2125, 11th Avenue, Room 103
 Regina, Saskatchewan
 S4P 3X3
 Telephone: (306) 780-3422
 Telecopier: (306) 780-3319

 Other CRTC offices will also make documents available upon request by interested parties (normal delay: 48 hours).

 This document is available in alternative format upon request and may also be viewed at the following Internet site: http://www.crtc.gc.ca

 Secretary General