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Broadcasting Decision CRTC 2007-3
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Ottawa, 4 January 2007
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I.T. Productions Ltd.
Across Canada
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Application 2006-0629-6
Public Hearing at Regina, Saskatchewan
30 October 2006
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Rim Jhim TV - 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 I.T. Productions Ltd. for a broadcasting licence to operate a national, ethnic Category 21 specialty programming undertaking to be known as Rim Jhim TV.
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2.
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The applicant proposed to offer a service that would consist predominantly of music programming but would also include drama, films and variety programming in various South Asian languages. The applicant stated that at least 80% of all programming would be in the Hindustani (35%), Punjabi (35%) and Urdu (10%) languages. The remainder of the programming would be in English.
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3.
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All of the programming would be drawn from the following categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990 (the Regulations): 1 News; 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; 10 Game shows; 11 General entertainment and human interest; and 13 Public service announcements.
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4.
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The applicant proposed that not less than 70% of all programming broadcast during the broadcast week would be drawn from category 8, and that no more than 10% of its programming drawn from category 8 would be music in the English-language.
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5.
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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 advertising.
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6.
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The Commission received interventions in support of this application.
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Commission's analysis and determinations
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7.
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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 I.T. Productions Ltd. for a broadcasting licence to operate the national, ethnic Category 2 specialty programming undertaking, Rim Jhim TV.
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8.
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With respect to the request to broadcast up to six minutes per hour of local advertising, the Commission notes that, as set out 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, the Commission generally permits new ethnic specialty services to broadcast up to six minutes per hour of local 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 advertising. The Commission therefore approves the applicant's request for authority to broadcast up to six minutes per hour of local 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 reminds that applicant that, if it wishes to enter at any given time into programming supply agreements and licence trademark agreements with non-Canadian independent producers, it must comply 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 Direction). Accordingly, the Commission requests that the applicant file, for the Commission's prior review, a copy of any programming supply agreement and/or licence trademark agreement that it intends to enter into with a non-Canadian party, in order to ensure that the applicant complies at all times with the Direction.
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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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- 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 4 January 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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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 2007-3
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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 ethnic Category 2 specialty programming service devoted primarily to music targeted to the South Asian 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
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
10 Game shows
11 General entertainment and human interest
13 Public service announcements
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4. Not less than 70% of all programming broadcast during the broadcast week shall be drawn from category 8.
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5. Not more than 10% of programming drawn from category 8 shall be music in the English language.
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6. The licensee shall broadcast not less than 80% of all programming during the broadcast week in the Hindustani, Punjabi and Urdu languages.
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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: 2007-01-04
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