ARCHIVED - Broadcasting Public Notice CRTC 2004-26

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Broadcasting Public Notice CRTC 2004-26

  Ottawa, 23 April 2004
  The Commission has received the following application:


28 May 2004

  Across Canada
Application No. 2003-1914-6
  Application by TV5 Québec Canada to amend the licence of the specialty programming undertaking known as TV5.
  The licensee requests an amendment to its condition of licence no. 4, set out in Broadcasting Decision CRTC 2003-77, relating to the broadcasting of advertising material, which reads:

The licensee shall not distribute any advertising material other than a maximum of 3 minutes during each clock hour of national sponsorship or institutional advertising, and material promoting the service or one of its programs.


Sponsorship advertising is not permitted in newscasts. Sponsorship messages shall only be placed at the beginning and/or end of programs. All sponsored programs must clearly identify the name of the sponsor.


Institutional advertising messages shall have no connection in terms of content with sponsored programs. Institutional advertising messages shall be permitted to interrupt only those programs that last at least two hours and have one or more natural breaks, such as an intermission in a play or concert. Institutional advertising is not permitted on behalf of companies whose primary products are drugs, alcoholic beverages or tobacco products.

  For the purpose of this condition, the following definitions apply:

(i) Sponsorship advertising: Sponsorship advertising consists in the visual presentation, in exchange for a direct or indirect financial contribution to the program, of the name and distinctive signs or symbols of a firm, along with a sound accompaniment of the following type:


"This program has been made (was made) possible through the co-operation of (name of company)"; or "This program has been made (was made) possible through the co-operation of (name of company), maker of (product)"; or "This program has been (was) presented to you by (name of product)."


Sponsorship advertising does not include the promotion of the features of the goods and services produced and/or offered by the sponsoring firm.


(ii) Institutional advertising: Institutional advertising consists of an identification of the advertiser by name, corporate logo or distinguishing visual or sound symbol. While the accompanying text may include a musical background or an institutional slogan, institutional advertising does not include promotion of the range of products or services offered or the use of such products or services.

  TV5 states that its subscription revenues, are stagnant and is seeking new revenue sources, and is of the view that advertising revenues are the best solution. Accordingly, TV5 is now seeking approval to replace it with the following condition of licence:

(a) The licensee shall not distribute more than 12 minutes of advertising material during each clock hour.


(b) Where a program occupies time in two or more consecutive clock hours, the licensee may exceed the maximum number of minutes of advertising material allowed in those clock hours if the average number of minutes of advertising material in the clock hours occupied by the program does not exceed the maximum number of minutes that would otherwise be allowed per clock hour.


(c) For the purpose of this condition, advertising material does not include a promotion for a Canadian program to be broadcast by the licensee notwithstanding that a sponsor is identified in the title of the program or is identified as a sponsor of that program, where the identification is limited to the name of the sponsor only and does not include a description or representation of the products or services or any attributes of the sponsor's products or services.


(d) The licensee shall not distribute commercial messages during any program that has as its target audience children up to 5 years of age.


(e) The licensee shall not distribute any advertising material other than national advertising.

  Licensee's address:

1755 René-Lévesque boulevard East
Room 101
Montréal, Quebec
H2K 4P6
Fax: (514) 522-3277
  Examination of application:

At the licensee's address

[Intervention/comments form]






28 May 2004

  The intervention must be received by the CRTC and by the applicant ON OR BEFORE the above-mentioned date. The Commission cannot be held responsible for postal delays.
  Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.
  Submit your written intervention to the Secretary General of the Commission in ONLY ONE of the following formats:

by using the link to the intervention/Comment form located below the description of each application within this public notice.




by electronic mail to 




by mail at
CRTC, Ottawa, Ontario, K1A 0N2




by fax to the
Secretary General - (819) 994-0218

  A true copy MUST be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.
  Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.
  Each paragraph of the document should be numbered.
  Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

All information submitted, including your email address, name and any other personal information as provided, will be posted on the Commission's web site. Documents received in electronic format will be posted on the Commission's web site exactly as you send them, and in the official language and format in which they are received. Documents not received electronically will be available in .pdf format.
  An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.
  A list of all interventions/comments will also be available on the Commission's web site. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's web site.
  Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 2 working days, at any other CRTC offices and documentation centres.
  Central Building
Les Terrasses de la Chaudière
1 Promenade du Portage, Room 206
Gatineau, Quebec K1A 0N2
Tel: (819) 997-2429 - TDD: 994-0423
FAX: (819) 994-0218



Metropolitan Place
99 Wyse Road, Suite 1410
Dartmouth, Nova Scotia B3A 4S5
Tel: (902) 426-7997 - TDD: 426-6997
FAX: (902) 426-2721
  405 de Maisonneuve Blvd East
2nd Floor, Suite B2300
Montréal, Quebec H2L 4J5
Tel: (514) 283-6607
FAX: (514) 283-3689
  55 St. Clair Avenue East, Suite 624
Toronto, Ontario M4T 1M2
Tel: (416) 952-9096
FAX: (416) 954-6343
  Kensington Building
275 Portage Avenue, Suite 1810
Winnipeg, Manitoba R3B 2B3
Tel: (204) 983-6306 - TDD: 983-8274
FAX: (204) 983-6317
  Cornwall Professional Building
2125 - 11th Avenue, Room 103
Regina, Saskatchewan S4P 3X3
Tel: (306) 780-3422
FAX: (306) 780-3319
  10405 Jasper Avenue, Suite 520
Edmonton, Alberta T5J 3N4
Tel: (780) 495-3224
FAX: (780) 495-3214
  530-580 Hornby Street
Vancouver, British Columbia V6C 3B6
Tel: (604) 666-2111 - TDD: 666-0778
FAX: (604) 666-8322
  This document is available in alternative format upon request and may also be examined at the following Internet site:
  Secretary General
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