ARCHIVED - Broadcasting Decision CRTC 2003-169

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Broadcasting Decision CRTC 2003-169

Ottawa, 26 May 2003
3773221 Canada Inc.
Across Canada
Application 2002-0668-2
Broadcasting Public Notice CRTC 2002-70
14 November 2002

Licence amendment for TechTV Canada - Addition of program categories

The Commission approves in part an application by 3773221 Canada Inc. to amend the licence for TechTV Canada by adding to the list of program categories that may be broadcast by the service.
The application

1.

The Commission received an application by 3773221 Canada Inc. (3773221) to amend condition of licence 1. b) for the TechTV Canada (TechTV) Category 1 specialty service in order to add program categories 7 (Drama and comedy) and 10 (Game shows) to the list of categories from which the licensee may draw its programming.

2.

The applicant stated that all programs carried by TechTV, including those from categories 7 and 10, will be specifically related to the nature of its service.

3.

The applicant submitted that it intended to add category 7 to the list of approved program categories because the needs and demands for technology-based television programming have changed. According to the applicant, TechTV viewers want programming related to computing, technology and Internet issues other than stock market news and Internet success stories. The applicant specified that it would accept a condition of licence that would limit the level of programming from category 7 to no more than 10% of its overall schedule.

4.

The applicant also indicated that the addition of category 10 to the list of approved program categories would enhance the service and not in any way affect the current programming focus of TechTV.

Current condition of licence

5.

In TechTV Canada - a new specialty channel, Decision CRTC 2000-454, 24 November and 14 December 2000, the Commission imposed the following condition of licence defining the nature of service that TechTV could provide:

1. a) The licensee shall provide a national English-language Category 1 specialty television service consisting exclusively of programming related to computing, technology and the Internet.

b) The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990:

1 News
2a Analysis and interpretation
2b Long-form documentary
3 Reporting and actualities
5b Informal education/Recreation and leisure
11 General entertainment & human interest
12 Interstitials
13 Public service announcements (PSAs)
14 Infomercials, promotional/corporate video

c) No more than 5% of all programming broadcast during each broadcast week shall be drawn from category 2b.

Interventions

6.

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

The Commission's determination

Category 7

7.

The Commission notes that TechTV, which has been operational for less than two years, was licensed on a one-per-genre basis following a highly competitive hearing process. In licensing TechTV, the Commission examined the proposed nature of service definition very closely to ensure that TechTV would not compete with other services. As a result, the licensee has specific conditions of licence that set out the type of programming it may air so as to ensure that the service remains true to its proposed nature of service definition.

8.

The Commission considers that the addition of category 7 would not be consistent with TechTV's current nature of service.

9.

Accordingly, the Commission denies the licensee's request to add category 7 to the list of categories from which TechTV may draw programming.

Category 10

10.

The Commission considers that the addition of category 10 to TechTV's nature of service condition of licence would not significantly alter the essence of the service provided that the programs are consistent with the service's genre.

11.

The Commission approves the licensee's request to add category 10 to the list of categories from which TechTV may draw its programming.

12.

As a result, the application by 3773221 to amend TechTV's condition of licence 1. b) is approved in part and the condition of licence will read as follows:

The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990:

1 News
2a Analysis and interpretation
2b Long-form documentary
3 Reporting and actualities
5b Informal education/Recreation and leisure
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate video

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: http://www.crtc.gc.ca

Date Modified: 2003-05-26

Date modified: