ARCHIVED - Decision CRTC 2001-742

Decision CRTC 2001-742

Ottawa, 30 November 2001

1403318 Ontario Limited, Cogeco Radio-Télévision inc. and Stornoway Communications General Partner Inc.
partners in a limited partnership known as Stornoway Communications Limited Partnership
Across Canada 2001-0731-9 

Application processed by
Public Notice CRTC 2001-92
dated 9 August 2001

Approval of the addition of drama subcategories to the list of authorized programming categories; Denial of the request to increase the amount of drama and feature films broadcast

1.

The Commission approves in part the application to amend the broadcasting licence for the national English-language Category 1 specialty television service known as "i channel" (formerly The Issues Channel).

2.

The Commission approves the licensee's request to add the following drama subcategories to the list of those from which the licensee may draw programming:

7b Ongoing comedy series (sitcoms);
7c Specials, mini-series and made-for-TV feature films;
7e Animated television programs and films;
7f Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; and
7g Other drama.

3.

The programming categories are set out in Schedule I to the Specialty Services Regulations, 1990.

4.

The Commission, however, denies the licensee's request to increase the amount of allowable programming from category 7 from 8% to 15% of all programming broadcast during each week. The licensee's proposal to broadcast 2 feature films in a given week is also denied.

Background

5.

In Decision CRTC 2000-463, the Commission authorized the licensee to provide a digital specialty television service that would focus its programming exclusively on public affairs. The condition of licence describing the nature of service set out in that decision included drama subcategories 7a (Ongoing dramatic series) and 7d (Theatrical feature films aired on TV) among the service's authorized programming categories. The condition also stated that the licensee must not devote more than 8% of its weekly schedule to programming drawn from category 7 (Drama) and that it may broadcast no more than one feature film (category 7d) during each broadcast week. Feature films must be offered only within the context of an issue being explored by the service.

The licensee's rationale for the application

6.

According to the licensee, its current program categories as well as the limitations on the amount of drama and feature films it may broadcast are too restrictive and unduly limit the channel from exhibiting programming that is central to its mandate. It considers that every type of drama programming can be a vehicle for the presentation of public and social affairs issues. The licensee also argued that, since the service operates on a 6-hour wheel that typically plays three times during the broadcast day, it needs to expand the number of hours of drama programming that it can offer to take into account repeat broadcasts.

Interventions

7.

CHUM Limited and the CBC filed interventions opposing this application. Both CHUM and the CBC have ownership interests in national Category 1 digital specialty television services.

8.

According to the interveners, it is too soon for the licensee to be requesting amendments to its conditions of licence, particularly in view of the fact that it was licensed following a very competitive process. Among other things, they expressed concern that approval of the proposed amendments would substantially alter "i channel's" nature of service and make it competitive with existing specialty television services.

9.

In response, the licensee affirmed that "i channel" will continue to focus exclusively on issues. It maintained that no other specialty television service makes issues the central focus of its programming and that, while such programming is available from other sources, they do not present it in the depth or offer the context that "i channel" does. The licensee stressed that, although it airs entertaining programming, viewers chose its service because of their interest in issues.

The Commission's determination

10.

The Commission has considered the licensee's arguments in support of its request as well as the views of the interveners on the matter. The Commission has concluded that
the addition of the programming subcategories requested by the licensee will not change the essence of "i channel's" nature of service and has amended the condition of licence accordingly.

11.

The Commission notes, however, that the limits on the amount of drama programming that "i channel" can broadcast each week were established following a comprehensive public hearing on the licensee's original licence application as part of a highly competitive process. The Commission imposed similar restrictions on other applicants who were also not proposing entertainment formats and who obtained a broadcasting licence at that time. The limits that the Commission has placed on the amount of drama programming broadcast by these services are intended to ensure that they provide diversity by not competing directly with other specialty television services. In the circumstances, the Commission is not convinced that the licensee should be permitted to provide a greater amount of drama programming and has denied that portion of the application.

12.

The amended condition of licence on the nature of service is set out in the appendix to this decision.

13.

The Commission reminds the licensee that it may only broadcast programming that specifically conforms to the description of the nature of service previously approved by the Commission.

Secretary General

Appendix to Decision CRTC 2001-742

Condition of licence pertaining to the nature of service for " i channel"

2a Analysis and interpretation
2b Long-form documentary
4 Religion
5a Formal education and pre-school
5b Informal education/recreation and leisure
7a Ongoing dramatic series
7b Ongoing comedy series (sitcoms)
7c Specials, mini-series and made-for-TV feature films
7d Theatrical feature films aired on TV
7e Animated television programs and films
7f Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
7g Other drama
11 General entertainment and human interest
12 Interstitials
13 Public service announcements