ARCHIVED - Broadcasting Decision CRTC 2002-375

Broadcasting Decision CRTC 2002-375

Ottawa, 14 November 2002

Joule Media Inc.
Across Canada

Application 2001-1420-8
Public Hearing in the National Capital Region
6 May 2002

Fusion TV - Category 2 specialty service

In this decision, the Commission approves the operation of a new Category 2 specialty television service.

1.

The Commission received an application by Joule Media Inc., for a broadcasting licence to operate an English- and French-language Category 2¹ specialty television service to be known as Fusion TV.

2.

The Commission confirms that the application was for an English- and French-language Category 2 specialty television service, instead of an English-language Category 2 specialty service as had been announced in Broadcasting Notice of Public Hearing CRTC 2002-2.

3.

The applicant proposed a programming service devoted to family entertainment predominantly comprised of interactive games and books.

4.

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

5.

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 Joule Media Inc. for a licence to operate the Fusion TV programming service.

Conditions of licence

6.

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 English- and French-language Category 2 specialty television service devoted to delivering content and applications to digital set-top boxes to create interactive programming that includes video games, books and magazines.

2. The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990: 2a, 2b, 5b, 7e, 10, 11, 12, 13 and 14.

3. Not more than 10% of all programming broadcast during the broadcast week shall be drawn from category 7e.

4. Not more than 25% of all programming broadcast during the broadcast week shall be drawn from any one genre (e.g. books).

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.

Issuance of the licence

7.

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 of the date of this decision, unless a request for an extension of time is approved by the Commission before 14 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.