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Decision CRTC 2000-70
Ottawa, 29 February 2000
WIC Western International
Communications Ltd.
Across Canada
31 January 2000 Public Hearing
in Toronto
Intracorporate reorganization - Approved

1.

WIC Western International Communications Ltd. (WIC) submitted applications seeking approval of a multi-step intracorporate reorganization relating to several of its wholly-owned subsidiaries. The intracorporate reorganization is a preliminary step contemplated in the definitive agreement between CanWest Global Communications Corp., Shaw Communications Inc., Corus Entertainment Inc. and WIC, dealing with the transfer of WIC assets. The definitive agreement and associated applications are the subject of a public hearing announced in Notice of Public Hearing 2000-1 dated 18 February 2000. The intracorporate reorganization that is the subject of this decision is a prerequisite for the closing of the definitive agreement, scheduled for 29 February 2000.
Phase I

2.

Phase I of this intracorporate reorganization involves the restructuring of WIC's television interests by, first, amalgamating Newco Niagara Television Limited with its wholly-owned parent company, WIC Television Ltd. (WIC TV). The amalgamated entity will also be named WIC Television Ltd. Following this amalgamation, WIC TV will transfer all of its television broadcasting assets among several of its newly-created, wholly-owned subsidiaries.

3.

The Commission approves the applications detailed below:
a) applications (199915831, 199916087, 199916103, 199916110) by 3669769 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CHAN-TV Vancouver, CIFG-TV Prince George, CHKL-TV Kelowna and CHKM-TV Kamloops (including any rebroadcasting assets) and to obtain new licences;
b) application (199915849) by 3669777 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CHEK-TV Victoria/Vancouver (including any rebroadcasting assets) and to obtain a new licence;
c) application (199915857) by 3669785 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CHBC-TV Kelowna (including any rebroadcasting assets) and to obtain a new licence;
d) application (199915865) by 3669793 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CICT-TV Calgary (including any rebroadcasting assets) and to obtain a new licence;
e) application (199915873) by 3669807 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CISA-TV Lethbridge (including any rebroadcasting assets) and to obtain a new licence;
f) applications (199915881, 199916095) by 3669815 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CITV-TV Edmonton and CITV-TV-1 Red Deer (including any rebroadcasting assets) and to obtain new licences; and
g) application (199915899) by 3669823 Canada Inc., a new wholly-owned subsidiary of WIC TV, for authority to acquire all of the assets of CKRD-TV Red Deer (including any rebroadcasting assets) and to obtain a new licence.

4.

The new licences referred to in paragraphs a) to g) will be issued upon surrender of the licences currently held by WIC TV. The Commission will issue licences to the new wholly owned subsidiaries of WIC TV, as specified in Appendices 1 to 10 to this decision. The licences will expire on their current expiry dates and will be subject to the conditions specified in the respective appendices to this decision and to any other condition specified in the licences to be issued.

5.

On 11 June 1999, the Commission announced its new television policy in Building on success - A policy framework for Canadian television (Public Notice CRTC 1999-97). Subsequently, in Public Notice CRTC 1999-206, the Commission invited interested parties to comment on the wording of proposed conditions of licence and licence amendments which are intended to implement key elements of the policy. Once the Commission has completed this public process, it may amend the licences for the television stations noted above to put into effect the new television policy.
Phase II

6.

Phase II of the intracorporate reorganization involves the restructuring of the pay, pay-per-view and specialty programming services of WIC through its subsidiary, WIC Premium Television Ltd. (WIC Premium). Similar to the Phase I applications, WIC Premium is requesting authority to transfer all of its pay, pay-per-view and specialty programming assets to several newly-created, wholly-owned subsidiaries.

7.

The Commission approves the applications detailed below:
h) application (199915790) by SuperChannel Ltd., a new wholly-owned subsidiary of WIC Premium, for authority to acquire all of the assets of the pay television service known as SuperChannel and to obtain a new licence;
i) application (199915808) by WIC VC Ltd., a new wholly-owned subsidiary of WIC Premium, for authority to acquire all of the assets of the pay-per-view service known as "Home Theatre", (operating under the name of Viewer's Choice) and to obtain a new licence;
j) application (199915815) by Movie Max! Ltd., a new wholly-owned subsidiary of WIC Premium, for the authority to acquire all of the assets of the pay television service known as "MovieMax" and to obtain a new licence; and
k) application (199915823) by WIC VC Ltd., a new wholly-owned subsidiary of WIC Premium, for the authority to acquire all of the assets of the pay-per-view direct-to-home undertaking and to obtain a new licence.

8.

The new licences referred to in paragraphs h) to k) will be issued upon surrender of the licences currently held by WIC Premium. The Commission will issue licences to the wholly-owned subsidiaries of WIC Premium, as specified in Appendices 11 to 14 to this decision. The licences will expire on their current expiry dates and will be subject to the conditions specified in the respective Appendices to this decision and to any other condition specified in the licence to be issued.
Phase III

9.

Phase III of the intracorporate reorganization involves the amalgamation of WIC Premium and WIC Radio Ltd. (WIC Radio). The amalgamated entity will be known as Purchaser Amalco, on behalf of a company to be incorporated (Amalco) (OBCI). Following this amalgamation, there will be an exchange of video-on-demand (VOD) services between WIC and Amalco. The exchanges consist of the two following transactions.

10.

The Commission approves the applications detailed below:
l) application (199916079) by WIC for the authority to acquire the assets of the national, English- and French-language video-on-demand programming undertaking owned by Amalco and to obtain a new licence on the same terms and conditions.

11.

Upon surrender of the current licence, the Commission will issue a licence to WIC, expiring 31 August 2003 (the current expiry date). The licence will be subject to the conditions listed in Appendix 15 to this decision and to any other condition specified in the licence to be issued.
m) application (199916128) by WIC, on behalf of Electronic Digital Delivery Inc. (EDD), for the authority to transfer WIC's controlling interest (80% of the voting rights) in EDD to Amalco.

Final phase

12.

In the final phase of the reorganization, WIC TV will be wound up into WIC. As a result, effective control of all WIC TV subsidiaries will be transferred to WIC. The winding up will also cause the transfer to WIC of WIC TV's minority 21.18% voting interest in Canadian Satellite Communications Inc. as well as WIC TV's 26% partnership interest in the Report on Business Television Partnership (ROBTv).

13.

The Commission approves the applications detailed below:
n) application (199916136) by WIC, on behalf of all of WIC TV's licensed subsidiary companies, for the authority to effect a transfer of their effective control to WIC; and
o) application (199916144) by WIC for the authority to acquire the 26% partnership interest in ROBTv now owned by WIC TV.

14.

Following the transactions described above, WIC will amalgamate with CanWest Newco, a wholly-owned subsidiary of CanWest Shareholdings Inc., and will continue as WIC Amalco. As a result, WIC Amalco will own all of WIC's conventional television broadcasting stations, WIC's interest in ROBTv and certain other assets.

15.

The parties must make a trust arrangement if they decide to close the transaction on 29 February 2000, before Commission approval of the definitive agreement. Should the Commission decide not to approve any trust arrangements, the above proposed intracorporate reorganization will only take place if and when the Commission has rendered a decision on the definitive agreement.

16.

Should the trust arrangements be approved, the intracorporate reorganization must be reflected in the trust arrangements.

17.

The Commission emphasizes that the proposed intracorporate reorganization will not prejudice its ability to decide on the applications which are the subject of the public hearing announced in Notice of Public Hearing CRTC 2000-1 related to the definitive agreement. The intracorporate reorganization will not limit the ability of other potential purchasers to acquire any of WIC's assets, should the Commission not approve the definitive agreement in whole or in part.

18.

Furthermore, this decision should not be interpreted, as an indication that the Commission is predisposed to authorize the applications noted above filed with respect to any part of the definitive agreement.

19.

Although the Commission will issue new licences as part of the present intracorporate reorganization, this does not dispose of any complaints or compliance matters that may exist with respect to the respective undertakings.

20.

In related documents released today following a separate process (Letters of Authority A00-0014 and A00-0015), the Commission approved, administratively, two additional corporate reorganizations (200004698, 200004680), that are needed to complete this intracorporate reorganization, as contemplated by the definitive agreement.

21.

As a first step, Shaw Acquireco (the entity resulting from the amalgamation of Shaw Acquisitions Inc. and SC Interactive Video Inc.) will be wound up into CanWest Newco. Following this transaction, Shaw Acquireco's assets will be directly owned by CanWest Newco.

22.

As a final step of the intracorporate reorganization, WIC Amalco will be wound up into CW Shareholdings Inc. Consequently, WIC Amalco's assets and liabilities will belong to CW Shareholdings Inc.
Related CRTC documents

• Public Notice CRTC 1999-97 – Building on success – A policy framework for Canadian television


• Public Notice CRTC 1999-206– Implementation of TV Policy

Secretary General

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


Appendix 1 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CHAN-TV Vancouver and its transmitters CHAN-TV-1 Chilliwack, CHAN-TV-2 Bowen Island, CHAN-TV-3 Squamish, CHAN-TV-4 Courtenay, CHAN-TV-5 Brackendale, CHAN-TV-6 Wilson Creek, CHAN-TV-7 Whistler, CITM-TV 100 Mile House, CITM-TV-1 Williams Lake and CITM-TV-2 Quesnel
Upon surrender of the current licence, the Commission will issue a licence to 3669769 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall operate this broadcasting undertaking as part of the network operated by CTV Television Network Ltd.
2. The licensee shall broadcast in the evening broadcast period (between 6:00 p.m. and midnight) the following average number of hours per week of Canadian drama, music or variety programming in each year of the licence term:

1996-1997 6:00 hours

1997-1998 6:00 hours

1998-1999 6:00 hours

1999-2000 6:30 hours

2000-2001 6:30 hours

2001-2002 7:00 hours
For the purpose of the above condition, the categories drama, music and variety are defined as set out in Schedule I of the Television Broadcasting Regulations, 1987.
3. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
4. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
5. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
6. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 96-275 – Licence renewal for CHAN-TV and its transmitters

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 2 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CIFG-TV Prince George
Upon surrender of the current licence, the Commission will issue a licence to 3669769 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
2. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
3. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC document

• Decision CRTC 95-116 – Licence renewal for CIFG-TV

Appendix 3 to Decision CRTC 2000-70

 

Licence expiry date and conditions of licence for CHKL-TV Kelowna and its transmitters CHKL-TV-1 Penticton, CHKL-TV-2 Vernon, CHKL-TV-3 Revelstoke, CKKM-TV Oliver/Osoyoos, CISR-TV Santa Rosa, CISR-TV-1 Grand Forks, CKTN-TV Trail, CKTN-TV-1 Castlegar, CKTN-TV-2 Taghum, CKTN-TV-3 Nelson and CKTN-TV-4 Creston
Upon surrender of the current licence, the Commission will issue a licence to 3669769 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
2. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
3. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC document

• Decision CRTC 95-115 – Licence renewal for CHKL-TV and its transmitters

Appendix 4 to Decision CRTC 2000-70

 

Licence expiry date and conditions of licence for CHKM-TV Kamloops and its transmitter CHKM-TV-1 Pritchard
Upon surrender of the current licence, the Commission will issue a licence to 3669769 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
2. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
3. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC document

• Decision CRTC 95-117 – Licence renewal for CHKM-TV and its transmitter

Appendix 5 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CHEK-TV Victoria and its transmitters CHEK-TV-1 Sooke, CHEK-TV-2 River Jordan, CHEK-TV-3 Port Alberni, CHEK-TV-4 Coal Harbour and CHEK-TV-5 Campbell River
Upon surrender of the current licence, the Commission will issue a licence to 3669777 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall operate this broadcasting undertaking as part of the network operated by CTV Television Network Ltd.
2. The licensee shall broadcast in the evening broadcast period (between 6:00 p.m. and midnight) the following average number of hours per week of Canadian drama, music or variety programming in each year of the licence term:

1996-1997 6:00 hours

1997-1998 6:00 hours

1998-1999 6:00 hours

1999-2000 6:30 hours

2000-2001 6:30 hours

2001-2002 7:00 hours
For the purpose of the above condition, the categories drama, music and variety are defined as set out in Schedule I of the Television Broadcasting Regulations, 1987.
3. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
4. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
5. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
6. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 96-274 – Licence renewal for CHEK-TV and its transmitters

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 6 to Decision CRTC 2000-70

 

Licence expiry date and conditions of licence for CHBC-TV Kelowna and its transmitters CHBC-TV-1 Penticton, CHBC-TV-2 Vernon, CHBC-TV-3 Oliver, CHBC-TV-4 Salmon Arm, CHBC-TV-5 Enderby, CHBC-TV-6 Celista, CHBC-TV-7 Skaha Lake, CHBC-TV-8 Canoe, CHBC-TV-9 Apex Mountain and CHRP-TV-2 Revelstoke
Upon surrender of the current licence, the Commission will issue a licence to 3669785 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall operate this broadcasting undertaking as an affiliate of the English-language television network operated by the Canadian Broadcasting Corporation.
2. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
3. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
4. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
5. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 95-114 – Licence renewal for CHBC-TV and its transmitters

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 7 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CICT-TV Calgary and its transmitters CICT-TV-1 Drumheller and CICT-TV-2 Banff
Upon surrender of the current licence, the Commission will issue a licence to 3669793 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall broadcast in the evening broadcast period (between 6:00 p.m. and midnight) the following average number of hours per week of Canadian drama, music or variety programming in each year of the licence term:

1995-1996 5:30 hours
1996-1997 6:00 hours

1997-1998 6:00 hours

1998-1999 6:00 hours

1999-2000 6:30 hours

2000-2001 6:30 hours

2001-2002 7:00 hours
For the purpose of the above condition, the categories drama, music and variety are defined as set out in Schedule I of the Television Broadcasting Regulations, 1987.
2. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
3. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
4. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
5. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC document

• Decision CRTC 95-589 – Licence renewal for CICT-TV and its transmitters

Appendix 8 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CISA-TV-Lethbridge and its transmitters CISA-TV-1 Burmis, CISA-TV-2 Brooks, CISA-TV-3 Coleman, CISA-TV-5 Pincher Creek (formerly CHPC-TV-1) and CISA-TV-4 Waterton Park (formerly CJWP-TV-1)
Upon surrender of the current licence, the Commission will issue a licence to 3669807 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
2. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
3. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
4. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 95-606 – Licence renewal for CISA-TV and its transmitters

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 9 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CITV-TV Edmonton and CITV-TV-1 Red Deer
Upon surrender of the current licences, the Commission will issue licences to 3669815 Canada Inc., expiring 31 August 2002 (the current expiry date). Each licence will be subject to the conditions listed below and to any other condition specified in each licence to be issued.
1. The licensee shall broadcast in the evening broadcast period (between 6:00 p.m. and midnight) the following average number of hours per week of Canadian drama, music or variety programming in each year of the licence term:

1995-1996 5:30 hours

1996-1997 6:00 hours

1997-1998 6:00 hours

1998-1999 6:00 hours

1999-2000 6:30 hours

2000-2001 6:30 hours

2001-2002 7:00 hours
For the purpose of the above condition, the categories drama, music and variety are defined as set out in Schedule I of the Television Broadcasting Regulations, 1987.
2. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
3. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
4. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
5. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 95-605 - Licence renewals for CITV-TV and CITV-TV-1

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 10 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for CKRD-TV Red Deer and its transmitter CKRD-TV-1 Coronation
Upon surrender of the current licence, the Commission will issue a licence to 3669823 Canada Inc., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. In addition to the 12 minutes of advertising material permitted by subsection 11(1) of the Television Broadcasting Regulations, 1987, the licensee may broadcast infomercials. The definition of infomercials and the criteria for broadcasting them are set out, respectively, in Public Notices CRTC 1994-139 and CRTC 1995-93, as they may be amended from time to time.
2. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
3. The licensee shall 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, as amended from time to time and approved by the Commission. The application of the foregoing condition of licence will be suspended as long as the licensee remains a member in good standing of the Canadian Broadcast Standards Council.
4. The licensee shall adhere to the provisions of the CAB's Broadcast Code for Advertising to Children, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 95-607 – Licence renewal for CKRD-TV and its transmitter

• Decision CRTC 95-27 – Licence amendments for television programming undertakings concerning the airing of infomercials

Appendix 11 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for "SuperChannel"
Upon surrender of the current licence, the Commission will issue a licence to SuperChannel Ltd., expiring 31 August 2001 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
Nature of service
1. The licensee shall provide a regional general interest pay television programming undertaking in English, with programming intended for all audiences. The licensee shall not distribute programming from categories 1 (news), 4 (religion) or 5 (education) of item 6 of Schedule I to the Pay Television Regulations, 1990 and shall not devote more than 5% of its programming schedule during each semester to programming from category 6 (sports) of item 6, with a maximum of 20 hours in any week. The licensee shall devote at least 50% of its programming schedule during each semester to dramatic programs.
Exhibition of Canadian programs
2. Commencing 1 March 1995 and during each semester of this licence term, the licensee shall devote to the distribution of Canadian programs not less than

(i) 30% of the time from 6:00 p.m. to 11:00 p.m. (Mountain time) and

(ii) 25% of the remainder of the time during which the service is in operation.
For the purpose of this condition, a 150% credit will be given for time during which the licensee distributes a new Canadian production that commences between 6:00 p.m. and 11:00 p.m. (Mountain time) or, in the case of a new Canadian production intended for children, at an appropriate viewing hour between 6:00 a.m. and 9 p.m., and the licensee will receive such a credit for each subsequent showing in the specified time periods of such a production within a two-year period from the date of first showing by the licensee.
3. In the period 1 March 1995 to 31 August 1995 and in each subsequent broadcast year during the term of this licence, the licensee shall devote to the distribution of Canadian dramatic programs not less than 50% of the minimum time that it is required to devote to the distribution of Canadian programs pursuant to condition of licence 2.
Expenditures on Canadian programs
4.(a) During the period 1 March 1995 to 31 August 1995, the licensee shall expend on the acquisition of, or investment in, Canadian programs, a percentage of its revenues for the period 1 March 1994 to 31 August 1994 that is not less than the percentage shown in the table below. For the broadcast year beginning 1 September 1995 and in each subsequent broadcast year during the term of its licence, the licensee shall expend on the acquisition of or investment in Canadian programs, a percentage of its revenue for the previous broadcast year that is not less than the percentage shown in the table below:

Average number of residential, bulk and Satellite Master Antenna television Subscribers (SMATV) in the previous Broadcast year /
Nombre moyen d'abonnés du service résidentiel, de groupe et du système de télévision par satellite à antenne collective (STSAC) au cours de l'année de radiodiffusion précédente

149,999 or less/ou moins

150,000 - 174,999

175,000 - 199,999

200,000 - 224,999

225,000 - 249,999

250,000 - 274,999

275,000 - 299,999

300,000 - 324,999

325,000 - 349,999

350,000 - 374,999

375,000 - 399,999

400,000 - 424,999

425,000 - 449,999

450,000 and greater/ou plus

(b) In any broadcast year of the licence term, including the partial broadcast year ending 31 August 1995 but excluding the final broadcast year, the licensee may expend an amount on Canadian programming that is up to 5% less than the minimum required expenditure for that broadcast year as set out and calculated in accordance with this condition of licence. Should the licensee avail itself of this flexibility in any broadcast year, including the partial broadcast year ending 31 August 1995, it shall expend in the next broadcast year of the licence term, in addition to the minimum required expenditure for that broadcast year, the full amount of the previous year's underspending.
(c) In any broadcast year of the licence term, including the partial broadcast year ending 31 August 1995, the licensee may expend an amount on Canadian programming that is greater than the minimum required expenditure for that year, set out and calculated in accordance with this condition of licence; in such case, the licensee may deduct:

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

(ii) from the minimum required expenditure for any subsequent broadcast year of the licence term, an amount not exceeding the difference between the overspending and any amount deducted under paragraph (i) above.
(d) Notwithstanding the above, during the licence term, the licensee shall expend on Canadian programming, at a minimum, the total of the minimum required expenditures as set out and calculated in accordance with this condition of licence.
5. During the licence term, the licensee shall devote to the acquisition of Canadian programs not less than 60% of the minimum required expenditure on the acquisition of or investment in Canadian programming, as calculated pursuant to condition of licence 4.
6. In each broadcast year including the partial broadcast year ending 31 August 1995 during the term of this licence, the licensee shall allocate to Canadian dramatic programs at least 50% of its expenditures on the acquisition of or investment in Canadian programs for that year.
7. The licensee shall expend not less than $250,000 during the partial broadcast year ending 31 August 1995 and not less than $500,000 in each broadcast year thereafter, on script and concept development, excluding overhead costs.
8. In making the calculations required for the purposes of conditions 4 to 7, only actual cash outlays shall be taken into account.
Gender portrayal
9. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
Depiction of violence
10. The licensee shall adhere to the Pay Television and Pay-Per-View Programming Code Regarding Violence, as amended from time to time and approved by the Commission.
Definitions
In these conditions:
"acquisition" means to acquire exhibition rights for the licensed territory, excluding overhead costs.
"broadcast year" means the period from 1 September to 31August and each twelve-month period thereafter beginning on 1 September.
"expend" and "expenditure" mean actual cast outlay.
"investment" means an equity investment or an advance on account of an equity investment but not overhead costs or interim financing by way of a loan.
"new Canadian production" means:
(a) a Canadian dramatic program

(i) which exceeds 75 minutes in duration and in relation to which all financial expenditures made by the licensee were made prior to the commencement of principal photography or taping and in which principal photography or taping was completed after 1 January 1985; and

(ii) which is intended for children and exceeds 22:30 minutes in duration and in relation to which all financial expenditures by the licensee were made prior to the completion of principal photography or taping
(b) and which is a program that has never been broadcast in English in the licensed territory.
"revenue" means revenue from residential, bulk and SMATV subscribers and does not include revenue from DTH subscriber fees or any return on an investment in programming.
"script and concept development expenditures" means those expenditures, excluding overhead costs, that are incurred prior to the commencement of pre-production and before the financing of the project is in place. Spending on programs that are assured of going to air at the time of the expenditure is not considered as script and concept development expenditures.
"semester" means each six-month period beginning on 1 September and on 1 March.
Related CRTC document

• Decision CRTC 95-70 – Licence renewal for SuperChannel

Appendix 12 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for "Home Theatre"
Upon surrender of the current licence, the Commission will issue a licence to WIC VC Ltd., expiring 31 August 2005 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall ensure that the service consists primarily of programs from Categories 6 (Sports), 7 (Drama) and 8 (Music and Dance), but will also include programming from all categories set out in item 6 of Schedule 1 of the Pay Television Regulations, 1990.
2. The licensee shall distribute on its undertaking a minimum of 12 Canadian feature films and all new Canadian dramatic features that are suitable for PPV and meet the Pay Television Programming Standards and Practices Code (the code), and a minimum of four Canadian-based events in each broadcast year. The broadcast year shall be a 12-month period ending 31 August. During the period of 1 March 1999 to 31 August 1999, the licensee shall distribute on its undertaking a minimum of six Canadian feature films and all new Canadian dramatic features that are suitable for PPV and meet the code, and a minimum of two Canadian-based events.
3. The licensee shall invest in the production of Canadian films over the course of the licence term, the greater of $2.4 million or 30% of the licensee's share of the gross revenues derived from the exhibition of feature films and events distributed by the broadcasting distribution undertaking (BDU) affiliates of the PPV service. This investment shall be exclusive of any expenditures made by the licensee on the promotion of such films.
4. The licensee shall remit to the rights holders of all Canadian films exhibited on the service, 100% of the licensee's share of gross revenues derived from the exhibition of these films by the broadcasting distribution undertaking (BDU) affiliates.
5. The licensee shall, upon request by the Commission, provide to it a record of the pay-per-view programming distributed by individual BDU affiliates.
6. The licensee shall retain control at all times over the scheduling of films and events exhibited on the BDUs operated by its affiliates.
7. The licensee shall adhere to the Pay Television and Pay-Per-View Programming Code Regarding Violence, as amended from time to time and approved by the Commission.
8. The licensee shall adhere to the guidelines on gender portrayal, set out in the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
Related CRTC document

• Decision CRTC 99-43 – Licence for "Home Theatre" pay-per-view television service amended and renewed

Appendix 13 to Decision CRTC 2000-70

Licence expiry date and conditions of licence for "MovieMax"
Upon surrender of the current licence, the Commission will issue a licence to MovieMax! Ltd., expiring 31 August 2000 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
Nature of the service
1. The licensee shall provide a regional, English-language general interest pay television programming service in British Columbia, Alberta, Saskatchewan, Manitoba, Yukon and the Northwest Territories. The service shall consist of feature films and theatrical releases (subcategory 7(d) of Item 6, Schedule I of the Pay Television Regulations, 1990) copyrighted at least five years prior to the broadcast year in which they are distributed by the service, and filler programming (category 12). Other programming shall be limited to programs that are feature-film-related and intended to set in context the feature film or films they accompany in the schedule.
Exhibition of Canadian programs
2. During the period between the date that operations commence and 28 February 1995, and during each semester thereafter throughout the licence term, the licensee shall devote to the exhibition of Canadian programming not less than

a) 20% of the time from 6:00 p.m. to 11:00 p.m. (Mountain Time), and

b) 20% of the remainder of the time during which the service is in operation.
Expenditures on Canadian programming
3. In the broadcast year commencing 1 September 1995, the licensee shall expend in relation to this service not less than $1,115,000 on the acquisition of or investment in Canadian programming. In each of the subsequent broadcast years of the licence term, the licensee shall expend on the acquisition of or investment in Canadian programming not less than 22.75% of its revenues earned during the previous year.
In the broadcast year commencing 1 September 1995 and in any subsequent year of the licence term, excluding the final year, the licensee may expend an amount on Canadian programming that is up to 5% less than the minimum required expenditure for that year, as set out or calculated in accordance with the terms contained in the first paragraph of this licence condition. Should the licensee avail itself of this flexibility in any year, it shall spend in the subsequent year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year's underspending.
In the broadcast year commencing 1 September 1995 and in any subsequent year of the licence term, including the final year, the licensee may expend an amount on Canadian programming that is greater than the minimum required expenditure for that year as set out or calculated in accordance with the terms contained in the first paragraph of this licence condition; in such case, the licensee may deduct

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

b) from the minimum required expenditure for any subsequent year of the licence term, an amount not exceeding the difference between the overspending and any amount deducted under paragraph a) above.
Notwithstanding the above, during the licence term, the licensee shall expend on Canadian programming, at a minimum, the total of the minimum required expenditures, as set out or calculated in accordance with the terms contained in the first paragraph of this licence condition.
Industry standards and practices code
4. The licensee shall adhere to the Pay Television Programming Standards and Practices Code as amended from time to time and approved by the Commission.
Definitions
In these conditions:
"broadcast year" means the period from 1 September to 31 August and each twelve-month period thereafter beginning 1 September.
"expend" means actual cash outlay.
"expend on acquisition" means

a) expend to acquire exhibition rights for the licensed territory, excluding overhead costs;

b) expend on script and concept development, excluding overhead costs; or

c) expend on the production of filler programming, as defined in section 2 of the Pay Television Regulations, 1990, including direct overhead costs; and "expenditure on acquisition" has a comparable meaning.
"expend on investment" means expend for the purposes of an equity investment or an advance on account of an equity investment, but not overhead costs or interim financing by way of a loan; and
"expenditure on investment" has a comparable meaning.
"revenue" means revenue from residential, bulk and SMATV subscribers and does not include revenue from DTH subscribers or any return on an investment in programming.
"semester" means each six-month period beginning in September and March.
Related CRTC document

• Decision CRTC 94-278 – Approval of new pay television services: "The Classic Channel" and "MovieMax"

Appendix 14 to Decision CRTC 2000-70

 

Expiry date and conditions of licence for the pay-per-view direct-to-home television programming undertaking owned by WIC VC Ltd.
Upon surrender of the current licence, the Commission will issue a licence to WIC VC Ltd., expiring 31 August 2002 (the current expiry date). The licence will be subject to the conditions listed below and to any other condition specified in the licence to be issued.
1. The licensee shall adhere to the Pay Television Regulations, 1990, with the exception of paragraphs 3(2)(d), (e) and (f). The definition of "licensee" contained in subsection 2(1) is not applicable.
2. The licensee shall ensure that commercial messages contained in the programming it assembles for distribution by licensed DTH distribution undertakings are restricted to those contained in the live feed of out-of-market programming in the category of sports.
3. The licensee shall not sell, or accept compensation for, any commercial message on the service.
4. Except as may otherwise be authorized by the Commission upon application, the licensee shall not distribute programming, other than filler programming, that is produced by the licensee after today's date, or that is produced by a person related to the licensee after the later of today's date and the day on which the person becomes related to the licensee.
5. The licensee shall not enter into an affiliation agreement with the licensee of a DTH distribution undertaking, unless the agreement incorporates a prohibition against the linkage of the licensee's service with any non-Canadian discretionary service.
6. The licensee shall, through its agreements with the licensees of DTH distribution undertakings, ensure that, in each broadcast year, the following is made available by these licensees to their pay-per-view subscribers:

a) a minimum of 12 Canadian feature films (including all new Canadian feature films that are suitable for pay-per-view exhibition and meet the Pay Television Standards and Practices Code);

b) a minimum of four Canadian-based events;

c) a minimum 1:20 ratio of Canadian to non-Canadian first-run film titles; and

d) a minimum 1:7 ratio of Canadian to non-Canadian events.
7. The licensee is required to ensure that, during the period between the date the service commences and 31 August 1996, the Canadian content of the films and events within the overall service, as made available by the licensees of affiliated DTH distribution undertakings to their pay-per-view subscribers, respects the requirements specified in the licence condition respecting Canadian content (Number 6). With regard to that condition's requirements under a) and b) compliance will be assessed on a pro-rated basis.
8. The licensee shall remit to the rights holders of all Canadian films, 100% of revenues earned by the licensee from the exhibition of these films.
9. The licensee shall contribute to the Canadian program production fund administered by Westcom Entertainment Group Ltd., for the support of independently produced Canadian programming, a minimum of 5% of the gross annual revenues earned by its DTH pay-per-view programming undertaking in the following manner. The licensee is required to remit its first contribution no later than 45 days following the end of the month in which it commences operations; contributions thereafter shall take the form of monthly installments, remitted within 45 days of month's end and representing a minimum of 5% of that month's gross revenues.
10. The licensee shall ensure that the gross PPV revenues earned by any feature film are equally split three ways among itself, the licensee of the DTH distribution undertaking, and the rights holder.
11. The licensee shall not acquire exclusive or other preferential rights to pay-per-view programming exhibited as part of its service.
12. The licensee shall purchase non-proprietary exhibition rights for feature films from Canadian distributors. This includes any production other than the exceptions specified in the current Investment Canada policy, which defines proprietary rights as those where the worldwide distribution rights to the program are owned by the licensor, or where the licensor has provided not less than one-half of the cost of the creation of the film.
13. The licensee shall adhere to the guidelines on gender portrayal, set out in the Canadian Association of Broadcasters' (CAB) Sex-Role Portrayal Code for Television and Radio Programming as amended from time to time and approved by the Commission.
14. The licensee shall adhere to the Pay Television Programming Standards and Practices Code, as amended from time to time and approved by the Commission.
15. The licensee shall adhere to the Pay Television and Pay-Per-View Programming Code Regarding Violence, as amended from time to time and approved by the Commission.
For the purpose of the above conditions of licence, "broadcast year" means the period between 1 September in any year and terminating the following 31 August.
Related CRTC document

• Decision CRTC 95-905 – Licensing of a new regional direct-to-home pay-per-view television programming undertaking.

Appendix 15 to Decision CRTC 2000-70

 

Conditions of licence for the national, digital, English- and French-language video-on-demand programming undertaking owned by WIC
1. The licensee shall adhere to the Pay Television Regulations, 1990, with the exception of section 4 (logs and records).
2. The licensee shall maintain for a period of one year, and submit to the Commission upon request, a detailed list of the inventory available on each file server, identifying each program by programming category and by country of origin, and indicating the period of time that each program was on the server and available to subscribers.
3. Except as authorised by the Commission, the broadcasting undertaking licensed herein shall be operated in fact by the licensee itself.
4. The licensee shall ensure that the inventory available to subscribers contains at all times:

(a) a minimum 1:20 ratio of Canadian to non-Canadian feature film titles, including all available new Canadian feature films in both French and English, that are suitable for VOD exhibition, and which meet the Pay Television Programming Standards and Practices Code; and

(b) a minimum 1:10 ratio of Canadian to non-Canadian titles for all other program categories.
5. The licensee shall contribute to the Canadian production fund administered by WIC Entertainment Ltd. for equity investment in Canadian films, a minimum of 5% of the gross annual revenues earned by its VOD programming undertaking. The licensee is required to remit its first contribution no later than 45 days following the end of the month in which it commences operations. Contributions made thereafter shall take the form of monthly instalments to be remitted within 45 days of month's end and representing a minimum of 5% of that month's gross revenues.
6. The licensee shall ensure that not less than 25% of the titles promoted each month on its barker channel are Canadian titles.
7. The licensee shall not enter into an affiliation agreement with the licensee of a distribution undertaking unless the agreement incorporates a prohibition against linkage of Allarcom's service with any non-Canadian discretionary service.
8. The licensee shall not acquire exclusive or other preferential rights to any programming exhibited as part of its service.
9. The licensee shall remit to the rights holders of all Canadian films 100% of revenues earned from the exhibition of these films.
10. The licensee shall adhere to the guidelines on gender portrayal set out in the Canadian Association of Broadcasters' Sex-Role Portrayal Code for Television and Radio Programming, as amended from time to time and approved by the Commission.
11. The licensee shall adhere to the Pay Television Programming Standards and Practices Code, as amended from time to time and approved by the Commission.
12. The licensee shall adhere to the Pay Television and Pay-Per-View Programming Code Regarding Violence, as amended from time to time and approved by the Commission.
Related CRTC documents

• Decision CRTC 97-286 – Licensing of new national video-on-demand service

• Decision CRTC 99-214 – Deletion of the condition of licence regarding the purchase of non-proprietary exhibition rights for feature films from Canadian distributors

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