ARCHIVED - Broadcasting Decision CRTC 2002-265

Broadcasting Decision CRTC 2002-265

Ottawa, 4 September 2002

Rogers Broadcasting Limited
Across Canada

Application 2001-0854-9
Public Hearing in the National Capital Region
14 January 2002

The Fishing Network - Category 2 specialty service

In this decision, the Commission approves the application to operate a new Category 2 specialty television service.

1.

The Commission received an application by Rogers Broadcasting Limited (Rogers) for a broadcasting licence to operate an English-language Category 2¹ specialty television service to be known as The Fishing Network.

2.

The applicant proposed a programming service that would focus on fishing.

Interventions

3.

Northern Response (International) Ltd., licensee of two Category 2 digital specialty television services, filed an intervention that opposed the application. The intervener argued that awarding additional Category 2 licences to cable companies would impede the development of digital television in Canada because of capacity constraints. It further maintained that distributors should be required to carry five non-cable-owned Category 2 services before launching cable-owned Category 2 services.

4.

CTV Inc., licensee of an already licensed Category 2 specialty television service known as The Fishing Network, also submitted an opposing intervention. The intervener claimed that the applicant's proposed definition of the nature of service is wider than that previously approved for the existing The Fishing Network and would give the proposed service an unfair advantage over existing digital services. CTV asked the Commission to limit the proposed service's nature of service to conform to the one imposed on the intervener's The Fishing Network.

5.

The applicant responded that its proposal conforms with the Commission's framework for licensing Category 2 services established in Licensing framework policy for new digital pay and specialty services, Public Notice CRTC 2000-6, 13 January 2000 (Public Notice 2000-6).

The Commission's determination

6.

As stated in its licensing framework policy set out in Public Notice 2000-6, the Commission has implemented a competitive, open-entry approach to licensing Category 2 services. While the Commission seeks to ensure that newly licensed Category 2 services do not compete directly with any existing pay or analog specialty television service or with any new Category 1 service, it does not consider the impact that a new Category 2 service might have on an existing Category 2 service. The policy also states that all distributors who carry any Category 2 service in which they directly or indirectly control more than 10% of the equity must distribute at least five non-affiliated Category 2 services for each affiliated Category 2 service.

7.

Based on its examination of this application, the Commission considers that Rogers' proposal complies fully with the regulatory framework for the licensing of Category 2 services set out in Public Notice 2000-6. The Commission is also satisfied that the proposal is in conformity with all applicable terms and conditions announced in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001 (Public Notice 2000-171-1). Accordingly, the Commission approves the application by Rogers for a licence to operate The Fishing Network programming service.

Conditions of licence

8.

The licence will expire 31 August 2009, and will be subject to the conditions set out in Public Notice 2000-171-1 as well as to the following conditions:

For the purposes of the conditions of this licence, broadcast day shall have the same meaning as that set out in section 2 of the Television Broadcasting Regulations, 1987 (i.e. the 18-hour period beginning 6 a.m. each day).

Issuance of the licence

9.

A licence will be issued once the licensee has satisfied the Commission, with supporting documentation, that the following requirements have been met:

• the licensee has entered into a distribution agreement with at least one licensed distributor; and

• the licensee has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 36 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 4 September 2005. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Secretary General