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Broadcasting Public Notice CRTC 2006-157
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Ottawa, 14 December 2006
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Addition of Al Arabiya News Channel to the lists of eligible satellite services for distribution on a digital basis
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The Commission approves a request to add Al Arabiya News Channel to the lists of eligible satellite services and amends the Revised list of non-Canadian programming services authorized for distribution accordingly. The revised lists are available on the Commission's web site at www.crtc.gc.ca under "Industries at a Glance."
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Introduction
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1.
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The Commission received a request dated 23 May 2006 from Rogers Cable Communications Inc. (Rogers) for the addition of Al Arabiya News Channel (Al Arabiya), a non-Canadian third-language service, to the lists of eligible satellite services for distribution on a digital basis (the digital lists). Rogers described the service as follows:
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Al Arabiya is a 24-hour niche news service based in the Middle East providing news and current affairs programming about the Middle East and the world. The service broadcasts primarily in Arabic and offers programming from the following categories: news, documentary, lifestyle/human interest/current affairs/business news and sports. Over 80% of the service's programming schedule consists of programming that is within the news and lifestyle/human interest/current affairs/business news genres.
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2.
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The Commission subsequently issued Call for comments on the proposed addition of Al Arabiya News Channel to the lists of eligible satellite services for distribution on a digital basis, Broadcasting Public Notice CRTC 2006-88, 19 July 2006.
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Positions of parties
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3.
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The Commission received over seventy submissions in support of the addition of Al Arabiya to the digital lists. These parties argued, among other things, that availability of Al Arabiya would contribute to a better understanding of events in the Middle East "due to its moderate and unbiased policy", assist new immigrants to Canada, add diversity and objectivity to the broadcasting system, and assist in repatriating viewers from the black market.
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4.
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The Commission received one comment opposing the addition of the service, from Arabic Television Network (Arabic Television). Arabic Television noted that it had been trying to approach Rogers for some time to launch its Arabic-language channel, and had yet to receive a clear answer. Arabic Television asked that Rogers take into consideration its request for distribution of its channel, rather than distributing "a foreign channel with all foreign news." Arabic Television submitted, among other things, that the addition of Al Arabiya to the digital lists would not help the Arab community, because "Arabic Canadians want to view and hear Arabic Canadian news." In support of this submission, Arabic Television cited a survey it had conducted in the Toronto area, indicating that some 95% of respondents "would love to have an Arabic Canadian Channel here in Canada."
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5.
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Rogers did not file a reply.
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The Commission's analysis and determinations
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6.
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The Commission's approach to requests for the addition of non-Canadian services to the digital lists was set out initially in Call for proposals to amend the lists of eligible satellite services through the inclusion of additional non-Canadian services eligible for distribution on a digital basis only, Public Notice CRTC 2000-173, 14 December 2000. In that public notice, the Commission indicated that it would assess such requests in the context of its general policy which, among other things, precludes the addition of a non-Canadian satellite service that can be considered either totally or partially competitive with Canadian specialty or pay television services. In applying this policy, the Commission stated that it would take into account all specialty and pay television programming services whose licence applications had been approved by the Commission, including all of the launched and unlaunched Category 1 and Category 2 specialty and pay television services.
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7.
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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 (Public Notice 2004-96), the Commission set out its revised approach to the assessment of requests to add non-Canadian third-language television services to the digital lists. In that public notice, the Commission also set out specific information that Canadian sponsors must file in support of their requests.
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8.
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In Public Notice 2004-96, the Commission stated that, going forward, requests to add non-Canadian, third-language, general interest services to the digital lists would generally be approved, subject, as appropriate, to new distribution or linkage requirements. In the case of non-Canadian third-language services that provide narrowly targeted or "niche" programming, the Commission stated that it would continue to apply a case-by-case assessment to determine whether the service is partially or totally competitive with Canadian services.
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9.
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The Commission also stated in Public Notice 2004-96 that, in applying the competitiveness test to non-Canadian, third-language niche services, it would not take into consideration any unlaunched ethnic Category 2 service, unless the prospective operator of such a service presented compelling evidence that the launch of its service was imminent. The Commission added that such evidence could include distribution agreements or ongoing negotiations, programming contracts or negotiations with non-Canadian program suppliers, and licence fees paid to Canadian content suppliers.
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10.
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Finally, in Public Notice 2004-96, the Commission stated that, in assessing niche services, there may be cases where, rather than denying authorization, it might be prepared to consider adopting distribution requirements similar to those adopted for general interest, third-language services.
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11.
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The Commission has examined the material filed by Rogers in support of the request to add Al Arabiya to the digital lists, and is satisfied that it is a niche service in the Arabic language, primarily offering news and current affairs programming, as described by its sponsor, Rogers. As such, the service is appropriately subject to the approach for niche, non-Canadian, third-language services set out in Public Notice 2004-96.
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12.
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The Commission notes that there is one launched Category 2 service, ABU Dhabi TV, that provides a majority of its programming (90%) in Arabic. ABU Dhabi TV filed no comments in this proceeding. The service has no specified nature of service, but is authorized to provide programming from almost all of the Commission's programming categories. In the absence of specific information on the record to indicate otherwise, the Commission concludes that ABU Dhabi TV is likely a general interest service.
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13.
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Arabic Television, whose comments are noted above, was authorized as a general interest service targeting Arab-speaking audiences in Arabic Television Network - Category 2 specialty service, Broadcasting Decision CRTC 2002-344, 6 November 2002. The service's authorization was subsequently extended to 6 November 2006,1 but expired on that date.
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14.
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The Commission notes that, as stated in Public Notice 2004-96, non-Canadian third-language niche services that are focused on a specific programming genre or a particular target group have rarely been found to be competitive with a Canadian general interest service in the same language, since their focuses and schedules are considerably more specific. Non-Canadian niche services would be competitive only with very similar Canadian niche services.
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15.
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The Commission is satisfied that there are no launched Canadian pay or specialty services with which Al Arabiya would compete. Further, the Commission received no submissions from unlaunched Category 2 services providing evidence that they would be launching in the near future and arguing that Al Arabiya would be competitive with them. Based on the above, the Commission concludes that there are no Canadian pay or specialty services with which this non-Canadian service would be totally or partially competitive.
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16.
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In light of the above, the Commission approves the addition of Al Arabiya News Channel to the digital lists and amends the Revised list of non-Canadian programming services authorized for distribution accordingly. The lists of eligible satellite services are available on the Commission's web site at www.crtc.gc.ca under "Industries at a Glance" and may be obtained in hard copy on request.
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Secretary General
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This document 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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Footnote:
Deadline to commence operations, Broadcasting Decision CRTC 2005-490, 14 October 2005.
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Date Modified: 2006-12-14