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Broadcasting Decision CRTC 2005-138
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Ottawa, 8 April 2005
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Asian Television Network International Limited
Across Canada
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Application 2004-0823-8
Public Hearing in the National Capital Region
10 January 2005
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ATN - South Asian News - Hindi - Category 2 pay television service
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In this decision, the Commission approves the application for a broadcasting licence to operate a new ethnic Category 2 pay television programming undertaking.
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The application
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1.
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The Commission received an application by Asian Television Network International Limited (ATN) for a broadcasting licence to operate a national ethnic Category 21 pay television programming undertaking to be known as ATN - South Asian News - Hindi.
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2.
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The applicant proposed to offer a service devoted to news programming from the South Asian subcontinent of interest to persons who speak Hindi. The applicant noted that 100% of its programming would be in the Hindi language.
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The intervention
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3.
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Rogers Cable Communications Inc. (Rogers) commented that the Commission should issue a moratorium on the licensing of any new ethnic Category 2 services until it has completed the review of its approach to assessing requests to add non-Canadian third-language television services to the Commission's lists of satellite services eligible for distribution on a digital basis.2
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The applicant's reply
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4.
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In response to Rogers' comment, the applicant noted that the Commission has already issued its policy regarding the addition of non-Canadian third-language television services to the lists of satellite services eligible for distribution on a digital basis.
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The Commission's analysis and determination
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5.
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With respect to Rogers' comment, the Commission notes that it has completed its review and set out its findings in Improving the diversity of third-language television services - A revised approach to assessing requests to add non-Canadian third-language television services to the lists of eligible satellite services for distribution on a digital basis, Broadcasting Public Notice CRTC 2004-96, 16 December 2004.
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6.
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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 Asian Television Network International Limited for a broadcasting licence to operate the national ethnic Category 2 pay television programming undertaking, ATN - South Asian News - Hindi.
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7.
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The licence will expire 31 August 2011, and will be subject to the conditions set out in Public Notice 2000-171-1, as well as to the conditions of licence set out in the appendix to this decision.
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Issuance of the licence
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8.
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A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
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- the applicant has entered into a distribution agreement with at least one licensed distributor; and
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- the applicant 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 8 April 2008. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
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Secretary General
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This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2005-138
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Conditions of licence
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1. The licence will be subject to the conditionsset out in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001, as well as to the following conditions of licence.
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2. The licensee shall provide a national ethnic Category 2 pay television programming undertaking devoted to news programming from the South Asian subcontinent that will be of interest to persons who speak Hindi.
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3. All programming broadcast during the broadcast week shall be in the Hindi language.
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4. The programming must be drawn exclusively from the following category, as set out in Schedule I to the Pay Television Regulations, 1990, as amended from time to time:
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5. In each broadcast year or portion thereof, the licensee shall devote not less than 15% of the broadcast day and not less than 15% of the evening broadcast period to the exhibition of Canadian programs.
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6. In accordance with the Commission's position on Canadian programming expenditures as set out in New Flexibility With Regard to Canadian Program Expenditures by Canadian Television Stations, Public Notice CRTC 1992-28, 8 April 1992, in The Reporting of Canadian Programming Expenditures, Public Notice CRTC 1993-93, 22 June 1993, in Additional clarification regarding the reporting of Canadian programming expenditures, Public Notice CRTC 1993-174, 10 December 1993 and in Incentives for English-language Canadian television drama, Broadcasting Public Notice CRTC 2004-93, 29 November 2004, as may be amended from time to time:
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(a) In each broadcast year of the licence term following the first year of operation, the licensee shall expend on the acquisition of and/or investment in Canadian programs a minimum of 20% of the subscription revenues derived from the operation of this service during the previous broadcast year.
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(b) In each broadcast year of the licence term following the first year of operation, excluding the final year, the licensee may expend an amount on Canadian programs that is up to ten percent (10%) less than the minimum required expenditure for that year calculated in accordance with this condition; in such case, the licensee shall expend in the next broadcast year of the licence term, in addition to the minimum required expenditure for that year, the full amount of the previous year's under-expenditure.
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(c) In each broadcast year of the licence term following the first year of operation, where the licensee expends an amount on Canadian programs that is greater than the minimum required expenditure for that year calculated in accordance with this condition, the licensee may deduct:
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(i) from the minimum required expenditure for the following year of the licence term, an amount not exceeding the amount of the previous year's over-expenditure; and
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(ii) from the minimum required expenditure for any subsequent broadcast year of the licence term, an amount not exceeding the difference between the over-expenditure and any amount deducted under (i) above.
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(d) Notwithstanding paragraphs (b) and (c) above, during the licence term, the licensee shall expend on Canadian programs, at a minimum, the total of the minimum required expenditures calculated in accordance with this condition of licence.
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For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day refers to the 24-hour period beginning each day at 6 a.m., or any other period approved by the Commission.
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Footnotes:
[] 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.
[] Review of the approach to assessing requests to add non-Canadian third-language services to the lists of eligible satellite services for distribution on a digital basis - Call for comments, Broadcasting Public Notice CRTC 2004-53, 15 July 2004.
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Date Modified: 2005-04-08
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