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Broadcasting Decision CRTC 2007-115
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Ottawa, 20 April 2007
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Bhupinder Bola, on behalf of a corporation to be incorporated
Across Canada
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Application 2006-1200-6
Public Hearing at Calgary, Alberta
12 February 2007
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The FilipinoTV Channel (FTC) - 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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1.
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Bhupinder Bola, on behalf of a corporation to be incorporated, filed an application for a broadcasting licence to operate The FilipinoTV Channel (FTC), a national, third-language general interest ethnic Category 2 specialty service devoted to the Tagalog-speaking community. Not less than 90% of all programming broadcast during the broadcast week would be in the Tagalog language, and not more than 10% would be in the English or French language.
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2.
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In an intervention to this application, Mr. Wes Henderson commented on the increasing violence and pornography in the media and the consequent negative impact on Canadian communities.
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3.
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With respect to the concerns raised by Mr. Henderson, the Commission notes that the applicant did not propose to offer adult programming on The FilipinoTV Channel (FTC). Upon commencement of operation of the proposed service, the applicant would be subject to a condition of licence, 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 (Public Notice 2000-171-1), requiring that it abide by the guidelines on the depiction of violence in television programming outlined in the Canadian Association of Broadcasters' Voluntary code regarding violence in television programming, as amended from time to time and approved by the Commission.
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4.
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The Commission is satisfied that the application is in conformity with all applicable terms and conditions announced in Public Notice 2000-171-1.Furthermore, given that the service will offer not less than 90% of its programming in a third language, 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. Accordingly, the Commission approves the application by Bhupinder Bola, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national, third-language general interest ethnic Category 2 specialty programming undertaking The FilipinoTV Channel (FTC). The Commission also approves the applicant's request for authority to broadcast up to six minutes per hour of local advertising. The terms and conditions of licence are set out in the appendix to this decision.
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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 2007-115
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Terms and conditions of licence for the Category 2 specialty programming undertaking The FilipinoTV Channel (FTC)
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Terms
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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 20 April 2010. 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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The licence will expire 31 August 2013, and will be subject to the conditions set out below.
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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 advertising.
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2. The licensee shall provide a national general interest, third-language, ethnic Category 2 specialty programming service devoted to the Tagalog-speaking community.
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3. The programming shall be drawn exclusively from the following categories, as set out in item 6 of 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 (a) Formal education and pre-school
(b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
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. The licensee shall broadcast not less than 90% of all programming during the broadcast week in the Tagalog language.
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5. 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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6. In order to ensure that the licensee complies at all times with the Direction to the CRTC (Ineligibility of non-Canadians), P.C. 1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998, the licensee shall file, for the Commission's prior review, a copy of any programming supply agreement and/or licence trademark agreement it intends to enter into with a non-Canadian party.
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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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Date Modified: 2007-04-20
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