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ARCHIVED - Broadcasting Decision CRTC 2002-341

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Broadcasting Decision CRTC 2002-341

Ottawa, 6 November 2002

Ten Broadcasting Inc.
Across Canada

Application 2001-0883-8
Public Hearing at Québec, Quebec
18 February 2002

Canal Plaisir - 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 Ten Broadcasting Inc. (Ten Broadcasting) for a broadcasting licence to operate a French-language Category 21 specialty television service to be known as Canal Plaisir.

2.

The applicant proposed an adult entertainment programming service consisting of films, open line and talk shows and other entertainment and educational programs on the theme of sexuality.

3.

The Commission did not receive any interventions in connection with this application.

4.

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 CRTC 2000-171-1, 6 March 2001 (Public Notice 2000-171-1). Accordingly, the Commission approves the application by Ten Broadcasting for a licence to operate the Canal Plaisir programming service.

Conditions of licence

5.

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:

1. The licensee shall provide a national French-language Category 2 specialty television service devoted to adult entertainment programming, including films, talk shows, open-line shows and other programming on the theme of sexuality. This will range from entertainment programs to educational and analytical programs on sexuality and health.
2. The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990: 2a, 5b, 7c, 7d, 7e, 7g, 11, 12 and 14.
3. The service must only be distributed at the specific request of the subscriber. Distributors are not permitted to package Canal Plaisir in such a way that subscribers are obligated to purchase it in order to purchase any other programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of Canal Plaisir to subscribers that request it not to be receivable in their home, in either unscrambled or scrambled analog form.
4. The licensee must only broadcast films that are rated and possess a provincial rating classification number from provincial ratings board, for example Régie du cinéma du Québec.
5. The licensee shall adhere to its internal policy for adult programming as filed with the Commission.

For the purposes of the conditions of this licence, broadcast day refers to the 24-hour period beginning 6 a.m. each day.

Issuance of the licence

6.

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 6 November 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

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
1 The Category 2 services are defined in Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000.

Date Modified: 2002-11-06

Date modified: