ARCHIVED - Broadcasting Notice of Consultation CRTC 2009-714

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  Ottawa, 23 November 2009

Call for comments on the proposed addition of Benfica TV, a non-Canadian sports service, to the lists of eligible satellite services for distribution on a digital basis


The Commission has received a request dated 10 July 2009 from CityWest Cable and Telephone Corporation (CityWest) to add Benfica TV, a non-Canadian Portuguese-language sports service with an emphasis on soccer, to the lists of eligible satellite services for distribution on a digital basis (the digital lists).


CityWest described Benfica TV as a high-quality non-Canadian sports service that would contribute significantly to the diversity of programming available in the Portuguese language in Canada.


The Commission’s current approach to requests to add non-Canadian third-language services to the digital lists is set out 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 2004.1 In that notice, the Commission indicated that in the case of non-Canadian third-language services that provide narrowly targeted or "niche" programming, it would continue to apply a case-by-case assessment to determine whether the service would compete with Canadian pay or specialty services and should therefore not be authorized for distribution in Canada. The Commission noted that in assessing competitiveness, it takes into account such factors as the nature and genre of programming, the target audience, the language or languages in which the programming is broadcast, the source of programming and any relevant competitive concerns raised by parties, in order to determine the degree of overlap that might exist to make the non-Canadian service competitive with any Canadian pay or specialty service. The Commission added that in applying the competitiveness test to these non-Canadian services, it would not take into consideration unlaunched ethnic Category 2 services, unless a Category 2 service presents compelling evidence that launch of the service is imminent.


The Commission will rely primarily on the comments filed to identify the Canadian pay and specialty services with which Benfica TV might be totally or partially competitive and which therefore should be included in the assessment of the competitiveness of the service. Parties wishing to argue that Benfica TV would be competitive should therefore name the specific Canadian pay or specialty service with which they consider the service would compete and provide details to support their views, such as comparisons as to nature and genre of service, programming schedules, programming sources and supply, and target audience.

Call for comments


The Commission calls for comments on CityWest’s request to add Benfica TV to the digital lists. Parties submitting comments on the request should also submit a true copy of their comments to the Canadian sponsor, CityWest, at the following address:

CityWest Cable and Telephone Corporation
248 3rd Ave. West
Prince Rupert, British Columbia
V8J 1L1
Attention: Lisa Marogna

Fax: 250-627-0910


Proof that comments have been sent to CityWest must accompany the original version of the comments sent to the Commission.


Comments on CityWest’s request must be received by the Commission no later than 23 December 2009. A copy of the comments must be received by CityWest no later than the deadline for receipt of comments by the Commission. The Commission cannot be held responsible for postal delays and will not notify a party whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file.


CityWest may file a written reply to any comments received concerning its request. This reply should be filed with the Commission, and a copy sent to the person who submitted the comments, by no later than 11 January 2010.


The Commission will not formally acknowledge comments. It will, however, fully consider all comments, and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed.
  Procedures for filing comments


Interested parties can file their comments to the Secretary General of the Commission in only one of the following formats:

by using the
[Broadcasting interventions/comments form]


by mail to
CRTC, Ottawa, Ontario K1A 0N2




by fax at


The Commission advises those who file and serve by electronic means to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.


Parties must ensure that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service of the notification was completed.


Submissions longer than five pages should include a summary.


Each paragraph of the submission should be numbered. In addition, where the comment is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.
  Important notice


Note that all information that parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission’s website at, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.


The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.


Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.


Please note that the information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.


The Commission encourages interested parties to monitor the public examination file and the Commission’s website for additional information that they may find useful when preparing their comments.
  Examination of documents


A list of all comments will be available on the Commission’s website. An electronic version of all comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission’s website.


Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications, or, upon request, within two (2) working days, at any other Commission offices and documentation centres.
  Location of Commission offices
  Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782
  Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206

Gatineau, Quebec

J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218
  Regional offices
  Metropolitan Place
99 Wyse Road
Suite 1410

Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721
  205 Viger Avenue West
Suite 504
Montréal, Quebec

H2Z 1G2
Tel.: 514-283-6607
  55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096
  Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel.: 204-983-6306
TDD: 204-983-8274
Fax: 204-983-6317
  2220 – 12th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422
  10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4

Tel.: 780-495-3224
  580 Hornby Street
Suite 530
Vancouver, British Columbia
V6C 3B6
Tel.: 604-666-2111
TDD: 604-666-0778
Fax: 604-666-8322
  Secretary General
  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:

1 In Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008, the Commission indicated that as of 31 August 2011, niche non-Canadian third-language services will be subject to the same approach for authorization as general interest non-Canadian third‑language services – that is, they will generally be approved.

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