ARCHIVED - Broadcasting Decision CRTC 2002-268

Broadcasting Decision CRTC 2002-268

Ottawa, 4 September 2002

John Maniatakos, on behalf of a corporation to be incorporated
Across Canada

Application 2001-0862-2
Public Hearing in the National Capital Region
14 January 2002

Canadian Arabic Television Network - Category 2 specialty service

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

1.

The Commission received an application by John Maniatakos (OBCI) for a broadcasting licence to operate a national ethnic-language Category 2¹ specialty television service to be known as Canadian Arabic Television Network (CATN).

2.

The applicant proposed a national ethnic programming service primarily providing programming in the Arabic language.

Interventions

3.

Two interventions in opposition to this application were received by the Commission, both expressing concern with the applicant's proposal to broadcast Farsi-language programming. Behrouz Homami expressed his view that the applicant should not broadcast in both Farsi and Arab languages, because the two languages should not be presented in the context of the same programming service. Persian Vision, licensee of a category 2 ethnic specialty service predominately in Farsi, expressed concern that licensing another service targeting the same community would threaten Persian Vision's ability to launch its service.

4.

In reply, the applicant offered to restrict programming on CATN to the Arabic language only.

The Commission's determination

5.

As stated in Licensing framework policy for new digital pay and specialty services, Public Notice CRTC 2000-6, 13 January 2000, the Commission's approach to licensing Category 2 services has been a competitive one, ensuring only that newly licensed

Category 2 services are not in direct competition with any existing pay or specialty television service or with any new Category 1 service. For this reason, the Commission has not altered the proposed nature of service for CATN to exclude Farsi-language programming.

6.

Based on its examination of this application, the Commission is satisfied that it 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 2000-171-1, 6 March 2001 (Public Notice 2000-171-1). Accordingly, the Commission approves the application by John Maniatakos (OBCI) for a licence to operate the CATN programming service.

Conditions of licence

7.

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:

8.

With respect to condition of licence no. 4 relating to advertising, as set out Public Notice 2000-171-1, the Commission approves the following:

• condition 4d with respect to national paid advertising will not apply; and

• condition 4a will be replaced by:

Except as otherwise provided in subparagraphs b), and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, no more than 6 minutes of which may consist of local or regional advertising.

For the purpose of the conditions of this licence, broadcast day refers to the 24-hour period beginning at 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:

• an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;

• 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