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Broadcasting Decision CRTC 2006-501
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Ottawa, 13 September 2006
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Brigitte H. Gallucci, on behalf of a corporation to be incorporated
Across Canada
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Application 2005-0909-4
Public Hearing in the National Capital Region
1 May 2006
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Pronto TV7 - Europe Multilingual Entertainment Television - 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 Brigitte H. Gallucci, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, ethnic Category 21 specialty programming undertaking to be known as Pronto TV7 - Europe Multilingual Entertainment Television.
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2.
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The applicant proposed to offer a third-language, niche service that would broadcast entertainment programming devoted to the Italian-, Spanish-, Portuguese-, German-, Polish-, Hebrew-, Yiddish-, Greek-, Russian-, Hungarian-, Ukrainian-, Scottish Gaelic, Irish Gaelic and Welsh-speaking communities. The programming would consist of feature films, music, drama, soaps and other entertainment programs.
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3.
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All of the programming broadcast during the broadcast week would be in the following languages: Italian, Spanish, Portuguese, German, Polish, Hebrew, Yiddish, Greek, Russian, Hungarian, Ukrainian, Scottish Gaelic, Irish Gaelic and Welsh. No one language would exceed 19% of each broadcast week.
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4.
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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: 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(e) Animated television programs and films; 7(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; 7(g) Other drama; 8(a) Music and dance other than music video programs or clips; 8(b) Music video clips; 8(c) Music video programs; 9 Variety; 10 Game shows; 11 General entertainment and human interest; 12 Interstitials; 13 Public service announcements; and 14 Infomercials, promotional and corporate videos.
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5.
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The applicant requested that it be authorized, by condition of licence, to broadcast up to six minutes per hour of local and regional advertising.
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6.
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The Commission did not receive any interventions in connection with this application.
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Commission's analysis and determinations
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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). 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 Brigitte H. Gallucci, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national, niche third-language Category 2 specialty programming undertaking, Pronto TV7 - Europe Multilingual Entertainment Television.
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8.
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With respect to the request to broadcast up to six minutes per hour of local or regional advertising, the Commission notes that, as set out in Public Notice 2005-104, the Commission generally permits new third-language services to broadcast up to six minutes per hour of such advertising unless an intervener makes a compelling case to the contrary. In the present case, there were no interventions opposing the proposal to broadcast local and regional advertising. 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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9.
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The Commission notes that Pronto TV7 - Europe Multilingual Entertainment Television will devote all of its program schedule to programming in the following languages: Italian, Spanish, Portuguese, German, Polish, Hebrew, Yiddish, Greek, Russian, Hungarian, Ukrainian, Scottish Gaelic, Irish Gaelic and Welsh. In accordance with Public Notice 2005-104, the Commission has imposed a condition of licence that requires Pronto TV7 - Europe Multilingual Entertainment Television to devote not less than 90% of its program schedule to programming in those languages. 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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10.
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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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11.
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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 13 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 2006-501
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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:
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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 national, niche third-language Category 2 specialty programming service that broadcasts entertainment programming devoted to the Italian-, Spanish-, Portuguese-, German-, Polish-, Hebrew-, Yiddish-, Greek-, Russian-, Hungarian-, Ukrainian-, Scottish Gaelic-, Irish Gaelic- and Welsh-speaking communities.
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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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7 Drama and comedy
(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
(e) Animated television programs and films
(f) Programs of comedy sketches, improvisations, unscripted works, stand-up
comedy
(g) Other drama
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. Not less than 90% of the programming broadcast during the broadcast week shall be the following languages: Italian, Spanish, Portuguese, German, Polish, Hebrew, Yiddish, Greek, Russian, Hungarian, Ukrainian, Scottish Gaelic, Irish Gaelic and Welsh. No one language shall exceed 19% of the broadcast week.
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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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Footnote:
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.
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Date Modified: 2006-09-13
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