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Broadcasting Decision CRTC 2006-476
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Ottawa, 6 September 2006
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Golden Tunes Productions Inc.
Across Canada
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Application 2004-1475-6
Public Hearing in the National Capital Region
1 May 2006
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Venus TV (Punjabi Pakistani) - Category 2 specialty service
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In this decision, the Commission approves an 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 Golden Tunes Productions Inc. for a broadcasting licence to operate a national, ethnic Category 21 specialty programming undertaking to be known as Venus TV (Punjabi Pakistani).
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2.
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The applicant proposed to offer a third-language, general interest service that would be devoted to the Punjabi-speaking community, including those who speak in dialects of Punjabi. In each broadcast week, not less than 90% of the programming broadcast by the proposed service would be in the Punjabi language, including its dialects.
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3.
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All of the programming would be drawn from the following categories set out in Schedule 1 to the Specialty Services Regulations, 1990: 1 News; 2(b) Long-form documentary; 7(a) Ongoing drama series; 7(b) Ongoing comedy series (sitcoms); 7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical feature films aired on TV; 7(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; 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 13 Public service announcements.
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Interventions
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4.
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The Commission received interventions in opposition to this application by Faiyaz Khan, Hazoor Elahi, Humayun Sheikh and Omar Elahi. The interveners opposed the licensing of the proposed service because, in their view, the applicant's proposal does not reflect the fact that Pakistani Punjabis and Indian Punjabis are two distinct cultural groups.
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Applicant's reply
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5.
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In response, the applicant acknowledged the distinction between Punjabis from the Pakistani culture and Punjabis from Indian cultures. The applicant confirmed its intention to provide a Pakistani Punjabi general interest service. It added that the present application should not be confused with a separate application by the applicant for an Indian Pop Music niche service, which was also being considered at the 1 May 2006 public hearing2.
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Commission's analysis and determinations
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6.
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The Commission is satisfied with the applicant's response to the interventions. The Commission is also satisfied that the application 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). Furthermore, given that the service will offer more than 90% of its programming in third languages, the Commission is satisfied that the application falls under the definition of a third-language service, established in Revised approach for the consideration of broadcasting licence applications proposing new third-language ethnic Category 2 pay and specialty services, Broadcasting Public Notice CRTC 2005-104, 23 November 2005 (Public Notice 2005-104). Accordingly, the Commission approves the application by Golden Tunes Productions Inc. for a broadcasting licence to operate the national, general interest third-language, ethnic, Category 2 specialty programming undertaking, Venus TV (Punjabi Pakistani).
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7.
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The Commission notes that Venus TV (Punjabi Pakistani) will devote at least 90% of its program schedule to programming in Punjabi. In accordance with Public Notice 2005-104, the remainder of the program schedule, i.e., up to 10% may be in one or both official languages. The Commission encourages the applicant to ensure that all such programming serves to promote Canada's linguistic duality.
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8.
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The licence will expire 31 August 2013, and will be subject to the conditions set out in Public Notice 2000-171-1, as well as to the conditions set out in the appendix to this decision.
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Issuance of the licence
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9.
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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 6 September 2009. 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 2006-476
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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.
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2. The licensee shall provide a national, general interest third-language ethnic, Category 2 specialty programming service devoted to the Punjabi-speaking community, including those who speak in dialects of Punjabi.
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3. The programming shall 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 (b) Long-form documentary
7 (a) Ongoing drama series
(b) Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(f) Programs of comedy sketches, improvisations, unscripted works, stand-up
comedy
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
13 Public service announcements
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4. Not less than 90% of all programming broadcast during the broadcast week shall be in the Punjabi language, including its dialects.
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For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day means the period of up to 18 consecutive hours, beginning each day not earlier than six o'clock in the morning and ending not later than one o'clock in the morning of the following day, as selected by the licensee, 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.
In Venus TV (Indian Pop Music) - Category 2 specialty service, Broadcasting Decision CRTC 2006-475, 6 September 2006, the Commission approved an application by Golden Tunes Productions Inc. for a national, niche third-language ethnic Category 2 specialty service that will provide Hindi and Punjabi pop music programming.
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Date Modified: 2006-09-06
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