ARCHIVED - Broadcasting Decision CRTC 2008-263

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Broadcasting Decision CRTC 2008-263

  Ottawa, 19 September 2008
  Takten Gyurmey Foundation
Across Canada
  Application 2008-0235-7, received 13 February 2008
Public Hearing in the National Capital Region
7 July 2008
 

EqualiTV - Category 2 specialty service

  The Commission approves an application for a broadcasting licence to operate a new Category 2 specialty programming undertaking
 

Introduction

1.

Takten Gyurmey Foundation filed an application for a broadcasting licence to operate EqualiTV, a national English-language Category 2 specialty service that would offer programs devoted to disability issues and to the support of people with disabilities in Canada.

2.

The applicant would broadcast not less than 75% of its programming in the English language during the broadcast week and would also broadcast some programming in French, Aboriginal, Arabic and Tamil languages. At least 60% of the programming content would be in high definition format.

3.

The applicant indicated that no more than 15% of all programming broadcast during the broadcast week would be drawn from each of category 6, category 7(d) and category 8.

4.

Further, the applicant requested that of the 12 minutes of advertising material permitted during each clock hour, it be authorized to broadcast up to six minutes of local and regional advertising.

5.

The Commission did not receive any interventions in connection with this application.
 

Commission's analysis and determinations

6.

The Commission is satisfied that the application is in conformity with all applicable terms and conditions announced in Public Notice 2000-171-1. Accordingly, the Commission approves the application by Takten Gyurmey Foundation for a broadcasting licence to operate the national English-language Category 2 specialty programming undertaking EqualiTV. The terms and conditions of licence are set out in the appendix to this decision.

7.

With respect to the applicant's request to broadcast local and regional advertising, the Commission noted in Public Notice 2000-171-1 that Category 2 services must not distribute any paid advertising material other than national paid advertising. The Commission has granted exceptions to this approach to the licensees of Category 2 ethnic services and local and regional news services that provide local and regional programming. In the present case, the applicant plans to offer a national service with a national feed from one originating point and will not target any particular local market directly.

8.

In light of the above, the Commission considers that the applicant's proposal does not warrant an exception to the Commission's approach with respect to the broadcast of advertising by Category 2 services. Accordingly, the Commission denies the applicant's request to broadcast local or regional advertising.
  Secretary General
 

Related documents

 
  • A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007
 
  • Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001
 
  • Licensing framework policy for new digital pay and specialty services, Public Notice CRTC 2000-6, 13 January 2000
  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: http://www.crtc.gc.ca.
 

Appendix to Broadcasting Decision CRTC 2008-263

 

Terms, conditions of licence and expectation for the Category 2 specialty programming undertaking EqualiTV

 

Terms

  A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
 
  • an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;
 
  • the applicant has entered into a distribution agreement with at least one licensed distributor; and
 
  • 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 19 September 2011. 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.
  The licence will expire 31 August 2015.
 

Conditions of licence

 

1. The licence will be subject to the conditions 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.

 

2. The licensee shall provide a national English-language Category 2 specialty programming service devoted to programs related to disability issues and to the support of people with disabilities in Canada.

 

3. The programming shall be drawn exclusively from the following categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

 

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

 

4. Not more than 15% of all programming broadcast during the broadcast week shall be drawn from category 6.

 

5. Not more than 15% of all programming broadcast during the broadcast week shall be drawn from category 7(d).

 

6. Not more than 15% of all programming broadcast during the broadcast week shall be drawn from category 8.

 

7. The licensee shall broadcast not less than 75% of all programming during the broadcast week in the English language.

 

8. The licensee shall caption 100% of its English- and French-language programs over the broadcast day, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.

 

9. 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.

 

10. 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.

  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.
 

Expectation

 

Service to persons who are blind or whose vision is impaired

  The Commission expects the licensee to acquire and make available described versions of programming, where possible, and to ensure that its customer service responds to the needs of visually-impaired customers.

Date Modified: 2008-09-19

Date modified: