ARCHIVED - Decision CRTC 2000-588

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Decision CRTC 2000-588

 

Ottawa, 14 December 2000

 

Groupe TVA inc. (OBCI)

Across Canada — 200011701

 

14 August 2000 Public Hearing
National Capital Region

 

Première loge

 

On 24 November 2000, the Commission approved a Category 2 pay television service to be known as Première loge. The terms and conditions generally applicable to Category 2 services are set out in the public notice accompanying this and other decisions released today.

 

The Commission has imposed a condition of licence requiring that the licensee expend 20% of the previous year's subscription revenues on Canadian programming. This level is consistent with those imposed on existing pay services, as contemplated in the Licensing framework policy for new digital pay and specialty services (Public Notice CRTC 2000-6).

 

Conditions of licence

 

The licence, when issued, will expire 31 August 2007 and will be subject to the following conditions as well as to those set out in both Public Notice CRTC 2000-171 andin the licence to be issued.

 

Nature of service

 

a) The licensee shall provide a national French-language Category 2 pay television service including documentaries, shows, mini-series and movies.

 

b) The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Pay Television Regulations, 1990:
2b, 7a, 7b, 7c, 7d, 7e, 7f, 7g, 8a, 9, 11 and 15.

 

c) No more than 25% of all programming broadcast during the broadcast week shall be drawn from category 7d.

 

Exhibition of Canadian programs

 

In each broadcast year or portion thereof, the licensee shall devote to the distribution of Canadian programs the following percentages of the broadcast day and the evening broadcast period
(6 p.m. to 11 p.m.):

 

year one 30%

year two 30%

year three 30%

year four 30%

year five 35%

year six 35%

year seven 35%

 

Expenditures on Canadian programming

 

In accordance with the Commission's position on Canadian programming expenditures as set out in Public Notices CRTC 1992-28, 1993-93 and 1993-174, except as amended below:

 

(a) In each broadcast year following the first year of operation, the licensee shall expend on Canadian programs not less than 20% of the previous broadcast year's subscription revenues.

 

(b) In each broadcast year following the first year of operation, excluding the final year, the licensee may expend an amount on Canadian programs that is up to ten percent (10%) less than the minimum required expenditure for that year set out in or calculated in accordance with this condition; in such case, the licensee shall expend in the next year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year's underexpenditure.

 

(c) In each broadcast year following the first year of operation, where the licensee expends an amount on Canadian programs that is greater than the minimum required expenditure for that year set out in or calculated in accordance with this condition, the licensee may deduct:

 

(i) from the minimum required expenditure for the next year of the licence term, an amount not exceeding the amount of the previous year's overexpenditure; and

 

(ii) from the minimum required expenditure for any subsequent year of the licence term, an amount not exceeding the difference between the overexpenditure and any amount deducted under paragraph (i) above.

 

(d) Notwithstanding paragraphs (b) and (c) above, during the licence term, the licensee shall expend on Canadian programs, at a minimum, the total of the minimum required expenditures set out in or calculated in accordance with the licensee's condition of licence.

 

Definitions

 

Broadcast day shall have the same meaning as that set out in section 2 of the Television Broadcasting Regulations, 1987.

 

Secretary General

 

 

 

 

This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca

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