ARCHIVED - Broadcasting Decision CRTC 2002-10

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Broadcasting Decision CRTC 2002-10

Ottawa, 24 January 2002

Canal Évasion inc.
Across Canada

Application 2001-0850-8
Public Notice CRTC 2001-104
28 September 2001

Licence amendment for Canal Évasion concerning its Canadian programming expenditures


The Commission approves the application by Canal Évasion inc. to amend the condition of licence regarding expenditures on Canadian programming by its French-language national specialty television service known as Canal Évasion.


The licensee indicated that it has not been able to make all of its required expenditures on Canadian programming because of difficulties encountered with respect to the launch and distribution of the service, and because of a lower than expected penetration rate. The Commission notes the licensee's statement that it was now in a position to implement its commitments regarding expenditures on Canadian programming, and that spreading, over the next three years, the shortfall in expenditures on Canadian programming would enable it to meet the terms of the condition of its licence in this area for the broadcast year that ended on 31 August 2001.


The current condition of licence requires the licensee to expend a minimum of $4,489,000 on the acquisition of and/or investment in Canadian programs in the broadcast year following the first year of operation, and a minimum of 50% of the previous year's gross revenues derived from the operation of the service in each subsequent broadcast year.


The Commission received a number of interventions supporting the application by Canal Évasion. These expressions of support, which were filed by independent producers, argue that, by spreading the shortfall in expenditures over a period longer than that stipulated in the condition of licence, Canal Évasion would be able [translation] "to provide consistent and ongoing quality in the production of Canadian programs" and the service would have [translation] "the flexibility necessary to maintain and improve its programming".


In light of the above, the Commission authorizes the licensee, by condition of licence, to spread the shortfall in expenditures on Canadian programming for the 2000-2001 broadcast year over the next three years of operation, that is, the 2002, 2003 and 2004 fiscal years, provided that the licensee, consistent with the proposal set out in its application, expends a minimum of $1,300,000 in the broadcast year ending on 31 August 2002 on reducing the shortfall in its Canadian programming expenditures.


The Commission acknowledges the interventions filed in opposition to this application, but is satisfied that the amendment approved herein is in the public interest.

Secretary General

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

Date Modified: 2002-01-24

Date modified: