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Broadcasting Decision CRTC 2006-489
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Ottawa, 7 September 2006
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Davinder Jhattu, on behalf of a corporation to be incorporated
Province of Ontario
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Application 2005-0610-8
Public Hearing in the National Capital Region
1 May 2006
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JyotTV - 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 Davinder Jhattu, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a regional ethnic Category 21 specialty programming undertaking to be known as JyotTV.2
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2.
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The applicant proposed to offer a service that would be devoted to the South Asian community. Programming would consist of programs and services that inform, educate and entertain in the Punjabi, Hindi and English languages. 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(a) Analysis and interpretation; 4 Religion; 7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical feature films aired on TV; 7(g) Other drama; 8(b) Music video clips; 8(c) Music video programs; 11 General entertainment and human interest; and 14 Infomercials, promotional and corporate videos.
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3.
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The applicant proposed to broadcast 70% of its programming in the Punjabi language, 10% in Hindi and 20% in the English language.
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4.
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The applicant also requested that it be authorized, by condition of licence, to broadcast up to six minutes per hour of local or regional advertising.
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Interventions
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5.
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The Commission received one supporting intervention as well as opposing interventions with respect to this application from Faiyaz Khan, Hazoor Elahi, Humayun Sheikh and Omar Elahi. The interveners argued that providing a Punjabi-language service which does not differentiate between programming from Pakistani Punjabis and Indian Punjabis would be misrepresenting and misleading to people.
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Applicant's reply
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6.
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In its reply, the applicant indicated that the channel would not be covering news from India or Pakistan. It would be about Canadians, produced by Canadians and for Canadians, especially the Punjabi community. The applicant further stated that the programing needs of the South Asian community living in Canada are different from people living in India or Pakistan. The applicant also indicated that Jyot TV would provide programming that includes news, discussions, education, economy, and entertainment mainly targetting the South Asian Punjabi community in Ontario.
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Commission's analysis and determinations
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7.
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The Commission acknowledges the interventions submitted by Faiyaz Khan, Hazoor Elahi, Humayun Sheikh and Omar Elahi.
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8.
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The Commission is 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). Accordingly, the Commission approves the application by Davinder Jhattu, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the regional ethnic Category 2 specialty programming undertaking, JyotTV.
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9.
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With respect to the request to broadcast up to six minutes of local or regional advertising, the Commission notes that the service would be devoted to the Punjabi- and Hindi-speaking communities, and that not less than 80% of all programming broadcast during the broadcast week would be in the Punjabi and Hindi languages. As a result, the Commission is of the view that the service would not compete directly with existing analog or Category 1 services and that the addition of local or regional advertising on the proposed service would have limited impact on them.
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10.
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The Commission therefore approves the applicant's request for authority to broadcast up to six minutes per hour of local and regional advertising. A condition of licence to that effect is set out in the appendix to this decision.
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11.
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The Commission notes that JyotTV will devote at least 80% of its program schedule to programming in the Punjabi and Hindi languages. The remainder of the program schedule, i.e. up to 20%, 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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12.
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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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13.
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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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- an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;
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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 7 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 2006-489
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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, except for condition 4d) which will not apply, and condition 4a) which is replaced by the following:
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Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve (12) minutes of advertising material during each clock hour, no more than six (6) minutes of which may consist of local or regional advertising.
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2. The licensee shall provide a regional ethnic Category 2 specialty programming service devoted to the South Asian community. Programming will consist of programs and services that inform, educate and entertain.
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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 (a) Analysis and interpretation
4 Religion
7 (c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(g) Other drama
8 (b) Music video clips
(c) Music video programs
11 General entertainment and human interest
14 Infomercials, promotional and corporate videos
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4. Not less than 70% of all programming broadcast during the broadcast week shall be in the Punjabi language.
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5. Not more than 10% of all programming broadcast during the broadcast week shall be in the Hindi language.
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6. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV. of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time.
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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 the original application, as reflected in Broadcasting Notice of Public Hearing 2006-3, 2 March 2006, the applicant proposed that the service be known as RebootPunjab TV. In reply to interventions, the applicant stated that the service would be known as JyotTV.
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Date Modified: 2006-09-07
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