ARCHIVED - Public Notice CRTC 2001-98

Public Notice CRTC 2001-98

Ottawa, 30 August 2001

Ownership and launch requirements for Category 1 and Category 2 specialty services

1.

In its introductory statement to the licensing of new digital pay and specialty services (Public Notice CRTC 2000-171, as corrected in Public Notice CRTC 2000-171-1), the Commission established certain terms and conditions that Category 1 and 2 services must meet before a licence could be issued and made effective, and before a service could launch.

2.

With respect to Category 1 services, the Commission stated:

A licence will be issued and effective at such time as the licensee has met any ownership requirement and confirms in writing that it is ready to begin operation. This must take place no later than 24 November 2001. Any request for an extension to that deadline requires Commission approval and must be made in writing before that date.

3.

With respect to Category 2 services, the Commission stated:

A licence will be issued and effective at such time as:

· the Commission receives documentation confirming that the licensee has entered into a distribution agreement with at least one licensed distributor.

· the Commission receives documentation establishing that an eligible Canadian corporation has been incorporated in accordance with the application in all material respects acceptable to the Commission and that this corporation may be issued a licence.

· the licensee files, and the Commission reviews and finds satisfactory, all relative documents and agreements pertaining to the control and management of the licensee (i.e. shareholder agreement, program supply agreement, licence trademark agreement). The licensee must file all such documents prior to beginning operation.

· the licensee confirms in writing that it is ready to begin operation. This must take place no later than 24 November 2003. Any request for an extension to that deadline requires Commission approval and must be made in writing before that date.

4.

These terms mean that a Category 1 or a Category 2 service may not launch until the Commission is satisfied that the applicant fully complies with all ownership requirements, including the Direction to the CRTC (Ineligibility of non-Canadians). Further, each Category 2 service must demonstrate to the Commission that it has entered into a carriage agreement with a distributor and that it is ready to launch.

5.

On 11 July 2001, the Commission reminded prospective Category 1 and 2 services of these terms, and indicated that applicants must file the required documentation in a timely manner in order for their licence to become effective before launching.

List of Category 1 and Category 2 services whose authority is now effective

6.

Given the significant number of applications that were approved, particularly Category 2 services, the Commission has determined that, under the circumstances, it is important to provide clarity to distributors and to licensed programming services about which Category 1 and 2 services may launch. Accordingly, the Commission has published a list of services who have fulfilled the terms of licence and whose authority is now considered effective. This list is now available on the Commission’s website: http://www.crtc.gc.ca. It is also available upon request at 1-877-249-2782.

7.

The Commission will update the list on a continual basis as the necessary documentation is filed and the Commission completes its review process.

8.

The Commission invites parties to consult this list to determine which Category 1 and Category 2 services have fulfilled the terms of licence and may launch. Category 1 or Category 2 services whose names do not appear on this list have not yet fulfilled the Commission’s terms of licence and cannot launch until their name appears on the list, thereby confirming that their licence have become effective.

Secretary General

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