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Broadcasting Decision CRTC 2005-233
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Ottawa, 2 June 2005
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AJIT Broadcasting Corporation Inc.
Across Canada
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Application 2003-1156-4
Public Hearing in the National Capital Region
7 September 2004
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ATC-AJIT Television Corporation - Category 2 specialty service
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In this decision, the Commission approves the application for a broadcasting licence to operate a new Category 2 specialty programming undertaking.
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The application
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1.
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The Commission received an application by AJIT Broadcasting Corporation Inc. (AJIT) for a broadcasting licence to operate a national ethnic Category 21 specialty programming undertaking to be known as ATC-AJIT Television Corporation.
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2.
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AJIT proposed to offer a service directed towards the South Asian community and to broadcast 40% of the programming in Punjabi, 10% in Hindi, 10% in Urdu and 25% in English. The programming would be predominantly news, information and music.
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3.
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The applicant stated that all of the programming would be drawn from the following categories, as set out in Schedule 1 to the Specialty Services Regulations, 1990 (the Regulations), as amended from time to time:
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1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
4 Religion
5 (b) Informal education/Recreation and leisure
7 Drama and comedy
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4.
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As part of the application process, the applicant confirmed that all of the programming drawn from categories 8(a), 8(b) and 8(c) would focus on artists performing in Punjabi, Urdu and Hindi.
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Intervention
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5.
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The Commission received an intervention in opposition to this application by Asian Television Network International Limited (Asian Television). The intervener owns South Asian Television Canada Limited (SATV), the licensee of the national ethnic specialty television service ATN, which serves the South Asian community in Canada. ATN offers programming in several South Asian languages, including Hindi, Punjabi and Urdu.
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6.
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Asian Television opposed the application on the grounds that the proposed service would compete directly with ATN. According to Asian Television, the proposed service would focus on the same genre of programming and target the same audience as ATN. Asian Television also argued that the proposed language mix is very similar to that broadcast by ATN. The intervener stated that, in accordance with the CRTC's policies, analog specialty licensed services such as ATN are entitled to protection from direct competition from Category 2 services.
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7.
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The intervener further argued that the applicant had failed to demonstrate that the proposed service would not be directly competitive with any other analog pay or specialty or existing Category 1 service.
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Applicant's reply
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8.
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In response, the applicant submitted that it had designed the proposed ATC-AJIT Television Corporation service to avoid any undue overlap with the programming offered by any analog pay or specialty or existing Category 1 service. According to the applicant, there would be no more than a 10% overlap between the proposed service and ATN in terms of programming genres and languages.
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9.
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With respect to programming genres, the applicant noted that, while ATN offers mostly drama programming, the proposed ATC-AJIT Television Corporation service would broadcast predominantly news, information and music programming. The applicant stated that no more than 5% of the programming aired by the proposed service in each broadcast week would be drawn from category 7 (Drama and comedy) and no less than 80% of the programming would be drawn from the following categories: 1 (News), 2(a) (Analysis and interpretation), 3 (Reporting and actualities), 8(a) (Music and dance other than music video programs or clips), 8(b) (Music video clips), 8(c) (Music video programs), 9 (Variety) and 11 (General entertainment and human interest).
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10.
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With respect to languages, the applicant noted that ATN is targeted primarily to the Hindi-speaking community and offers a minimal amount of programming in Punjabi and Urdu. The applicant specified that no more than 10% of the programming aired by the proposed ATC-AJIT Television Corporation service in each broadcast week would be in Hindi. It also indicated that a minimum of 10% of programming aired in each broadcast week would be in Urdu, a maximum of 25% would be in English and 40% would be in Punjabi.
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11.
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The applicant further pointed out that SATV is also the licensee of three Category 2 services: one dedicated to the Punjabi community2, one dedicated to Hindi movies3, and one dedicated to the Urdu community4. In the applicant's view, SATV has already demonstrated that focussed programming services dedicated to segments of the South Asian community, or providing distinctive programming formats, can co-exist with its proposed general interest South Asian service.
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Commission's analysis and determination
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12.
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In Licensing framework policy for new digital pay and specialty services, Public Notice CRTC 2000-6, 13 January 2000, the Commission implemented a competitive, open-entry approach to licensing Category 2 services. While the Commission does not consider the impact that a new Category 2 service might have on an existing Category 2 service, it does seek to ensure that newly licensed Category 2 services do not compete directly with any existing pay or specialty television service, including any new Category 1 service.
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13.
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In Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000, the Commission adopted a case-by-case approach in determining whether a proposed Category 2 service should be considered directly competitive with an analog pay, specialty or existing Category 1 service. The Commission examines each application in detail, taking into consideration the proposed nature of service and the unique circumstances of the genre in question.
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14.
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In the present case, the Commission is satisfied that the applicant's commitments to limit ATC-AJIT Television Corporation's nature of service are sufficiently specific to ensure that it does not directly compete with any analog pay or specialty or existing Category 1 service, including the more broadly-based service offered by ATN. Specifically, the applicant stated that the proposed ATC-AJIT Television Corporation service will offer predominantly news, information programming and music programming. In each broadcast week, no less than 80% of the programming will be drawn from categories 1, 2(a), 3, 8(a), 8(b), 8(c), 9 and 11 and no more than 5% of the programming will be drawn from category 7. No more than 10% of the programming aired in each broadcast week will be in Hindi. At least 10% of the programming aired in each broadcast week will be in Urdu, at least 40% will be in Punjabi and no more than 25% will be in English. The Commission is imposing these commitments as conditions of licence, as set out in the appendix to this decision.
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15.
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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 AJIT Broadcasting Corporation Inc. for a broadcasting licence to operate the national ethnic Category 2 specialty programming undertaking, ATC-AJIT Television Corporation.
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16.
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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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17.
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The Commission expects the applicant to abide by its commitment that all of the programming drawn from categories 8(a) (Music and dance other than music video programs or clips), 8(b) (Music video clips) and 8(c) (Music video programs) focus on artists performing in Punjabi, Urdu and Hindi.
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Issuance of the licence
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18.
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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 2 June 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: www.crtc.gc.ca
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Appendix to Broadcasting Decision CRTC 2005-233
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Conditions of licence
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1. The licence will be subject to the conditions set 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 specialty programming undertaking consisting of news, information and music programming devoted to the South Asian community.
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3. The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:
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1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
4 Religion
5 (b) Informal education/Recreation and leisure
7 Drama and comedy
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
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4. No less than 40% of all programming broadcast during the broadcast week shall be in Punjabi.
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5. No less than 10% of all programming broadcast during the broadcast week shall be in Urdu.
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6. No more than 10% of all programming broadcast during the broadcast week shall be in Hindi.
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7. No more than 25% of all programming broadcast during the broadcast week shall be in English.
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8. No less than 80% of all programming broadcast during each broadcast week shall be drawn from categories 1, 2(a), 3, 8(a), 8(b), 8(c), 9 and 11.
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9. No more than 5% of all programming broadcast during each broadcast week shall be drawn from category 7.
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For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day shall have the same meaning as that set out in the Television Broadcasting Regulations, 1987,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.
[] Punjabi Channel, Decision CRTC 2000-686, 24 November 2000 and 14 December 2000
[] Hindi Movie Channel, Decision CRTC 2000-683, 24 November 2000 and 14 December 2000
[] Urdu Channel, Decision CRTC 2000-684, 24 November 2000 and 14 December 2000
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Date Modified: 2005-06-02
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