ARCHIVED - Decision CRTC 2001-743

Decision CRTC 2001-743

Ottawa, 3 December 2001

PrideVision Inc.
Across Canada 2001-0568-6 

Application processed by
Public Notice CRTC 2001-91
dated 8 August 2001

Amendment to the condition of licence pertaining to PrideVision's nature of service

1.

The Commission approves the application to amend the broadcasting licence for the national English-language Category 1 digital specialty television service known as PrideVision. The Commission hereby amends the licensee's condition of licence on the nature of service by adding program categories 4 (religion), 8a (music and dance other than music video programs or clips) and 8c (music video programs) to the list of program categories that the service is authorized to provide.

2.

In its application, the licensee proposed to limit the amount of music video programming that it offers to 2 original hours (each repeated 4 times) per week. This represents approximately 8% of the programming aired in each broadcast week. The Commission has decided to require the licensee to devote no more than 8% of its weekly schedule to programming drawn from categories 8b (music video clips) and 8c (music video programs) combined.

3.

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

Background

4.

In Decision CRTC 2000-456, the Commission authorized the licensee to provide a Category 1 specialty television service dedicated to programming of specific interest to the gay and lesbian community. Among other things, the condition of licence set out in that decision describing the nature of service stated that programming must be drawn exclusively from the following categories as set out in Schedule I to the Specialty Services Regulations, 1990:1, 2a, 2b, 3, 5b, 6b, 7a, 7b, 7c, 7d, 7e, 7f, 7g, 8b, 9, 10, 11, 12, 13 and 14.

The licensee's rationale for the application

5.

The licensee stated that a well-balanced reflection of the gay and lesbian community should include a portrayal of the religious dimension in their lives. It asked the Commission for authorization to broadcast programming from category 4 (religion), since religious issues cannot easily be encompassed within PrideVision's existing programming categories. In support of its request to add programming from categories 8a (music and dance other than music video programs or clips) and 8c (music video programs), the licensee indicated that the music video programming would feature gay and lesbian video jockeys (vee-jays) and that all the music would be gay/lesbian oriented. The licensee voluntarily offered to limit its music video programming to 2 original hours each week (each repeated 4 times).

Intervention

6.

In its evaluation of this application, the Commission has taken into consideration the opposing intervention filed by CHUM Limited. The intervener has ownership interests in national Category 1 digital specialty television services. It is also the licensee of a number of music video services.

7.

CHUM argued that it is too soon for the licensee to be requesting an amendment to its conditions of licence, particularly in view of the fact that it was licensed following a very competitive process. In particular, CHUM was concerned about the licensee's proposal to offer music video programs. The intervener argued that the licensee's definition of "gay/lesbian oriented" is too vague and that approval of this request would broaden and generalize the nature of PrideVision's service to the detriment of other specialty television services.

8.

In response, the licensee stated that its programming will not be competitive with that offered by any other specialty television service because of the nature of PrideVision's target audience and the specific orientation of its proposed vee-jays and the music programming. The licensee affirmed that it has neither the resources nor the interest in competing for viewers with CHUM's various music video services. The restriction on the amount of music video programming will further protect CHUM from any erosion of audiences.

The Commission's determination

9.

The Commission has considered the licensee's arguments in support of its request as well as the intervener's concerns. In the Commission's view, the addition of programming from the categories requested by the licensee will not change the essence of PrideVision's nature of service. The limits that the Commission has placed on the amount of music video clips and music video programs that PrideVision may broadcast each week are intended to ensure that the service does not compete directly with other music video specialty services.

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

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

Appendix to Decision CRTC 2001-743

Condition of licence pertaining to the nature of service for PrideVision