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ARCHIVED - Broadcasting Decision CRTC 2009-12

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  Route reference:
Broadcasting Public Notice CRTC 2008-105
  Ottawa, 16 January 2009
  Astral Broadcasting Group Inc.
 Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador
  Application 2008-1391-6, received 14 October 2008
 

Regional pay television programming undertaking – Licence amendments

1.

The Commission approves the application by Astral Broadcasting Group Inc. (Astral) to amend the broadcasting licence for the regional, English-language pay television programming undertaking known as MPix. In its application, Astral requested amendments to the condition of licence relating to program categories from which the service may draw programming,1 as well as new conditions of licence relating to the percentage of programming that may be drawn from specific program categories. The Commission did not receive any interventions in connection with this application.

2.

Accordingly, the condition of licence relating to program categories shall read as follows (changes in bold):

2. The service shall consist of:

  • ongoing dramatic series (subcategory 7a) copyrighted at least five years prior to the broadcast year in which they are distributed by the service;

  • ongoing comedic series (sitcom) (subcategory 7b) copyrighted at least five years prior to the broadcast year in which they are distributed by the service;

  • specials, mini-series and made-for-TV feature films (subcategory 7c) copyrighted at least five years prior to the broadcast year in which they are distributed by the service;

  • theatrical feature films aired on TV (subcategory 7d) copyrighted at least three years prior to the broadcast year in which they are distributed by the service and which, in respect of the non-Canadian titles, are predominantly mainstream theatrically released feature films that were listed within the top 100 films of Variety Magazine's annual list of top grossing films in the United States and Canada;

  • public service announcements (category 13); and

  • filler programming (category 15).

Other programming shall be limited to programs that are feature-film related and intended to set in context the feature film or films they accompany in the schedule.

These subcategories are set out in item 6 to Schedule I of the Pay Television Regulations, 1990.

3.

In addition, the licence will be subject to the following conditions of licence:

The licensee shall ensure that not more than 15% of all programming broadcast during the broadcast year is drawn from subcategories 7(a) and 7(b) combined.

The licensee shall ensure that not less than 67% of its Canadian programming broadcast during the broadcast week is drawn from subcategories 7(c) and 7(d).

4.

The Commission also expects Astral to continue to license all Canadian films that are appropriate for its service MPix.

5.

Astral indicated that, given the competitive environment in which it operates, it needs more flexibility with respect to the programming categories it can broadcast, as well as a modification to its obligation to broadcast only movies with five-year-old copyrights so as to broaden the scope of the movies it can broadcast.

6.

The Commission notes that, in Regional pay television programming undertaking – Licence amendments, Broadcasting Decision CRTC 2008-165, 8 August 2008, it approved a similar application by Encore Avenue Ltd. in regard to that licensee's regional, English-language pay television programming undertaking known as Encore Avenue.
  Secretary General
  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.

Footnote:

1 These program categories are set out in the Pay Television Regulations, 1990.

 

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