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ARCHIVED - Broadcasting Decision CRTC 2009-721

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  Route reference: 2009-296
  Ottawa, 25 November 2009
  New Tang Dynasty Television (Canada)
Across Canada
  Application 2009-0496-3, received 16 March 2009
Public Hearing in the National Capital Region
21 July 2009
 

New Tang Dynasty TV Canada HD – Category 2 specialty service

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

The application

1.

New Tang Dynasty Television (Canada) filed an application for a broadcasting licence to operate New Tang Dynasty Television Canada HD, a national, third-language general interest ethnic Category 2 specialty service that would be devoted to news, analysis and commentary, documentaries, entertainment, drama and movies for a Chinese-speaking audience. The applicant proposed to broadcast at least 90% of the programming during the broadcast week in languages other than English and French. Specifically, not less than 70% of all programming broadcast each broadcast week would be in the Mandarin language, 10% in the Cantonese language and 10% in other third languages, including Korean, Japanese, Tibetan, Vietnamese, Lao, Thai, Tagalog, Shanghainese and Taiwanese.

2.

New Tang Dynasty Television (Canada) is a not-for-profit corporation controlled by its board of directors.

3.

The applicant stated that 75% of its programming would be made available in high definition format. The applicant requested authorization to offer both a standard and a high definition version of the service and to broadcast up to six minutes per hour of local advertising.

4.

Moreover, in order to ensure that the service would not be directly competitive with any existing Category 1 or analog pay or specialty service, the applicant stated that it would be willing to accept a condition of licence requiring that no more than 15% of all programming broadcast during the broadcast week be drawn from each of categories 6(a), 7(d) and 8(a). The Commission did not receive any interventions in connection with this application.
 

Commission’s analysis and determinations

5.

The Commission is satisfied that the application is in conformity with the framework set out in Public Notice 2000-6 and 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 third languages, the Commission is satisfied that the application falls under the definition of a third-language service established in Broadcasting Public Notice 2005-104. Accordingly, the Commission approves the application by New Tang Dynasty Television (Canada) for a broadcasting licence to operate the national, third-language general interest ethnic Category 2 specialty programming undertaking New Tang Dynasty Television Canada HD. The Commission also approves the applicant’s request for authorization to offer both a high definition and a standard version of the service. The terms and conditions of licence are set out in the appendix to this decision.

6.

With respect to the request to broadcast up to six minutes per hour of local advertising, the Commission notes that it generally permits new third-language services to broadcast up to six minutes per hour of local advertising unless an intervener makes a compelling case to the contrary (see Broadcasting Public Notice 2005-104). In the present case, there were no interventions opposing the proposal to broadcast local advertising. The Commission therefore approves the applicant’s request for authorization 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.
 

Implementation of the Commission’s determinations regarding accessibility of services

7.

In Broadcasting Public Notice 2007-54, the Commission indicated that it would require all English- and French-language broadcasters to caption 100% of their programs, with the exception of advertising and promos. In Broadcasting and Telecom Regulatory Policy 2009-430 (the Accessibility Policy), the Commission noted that captioning technology, including voice recognition software – which is used extensively in captioning French-language programming – has greatly improved and should no longer be considered a technology in development. Consequently, in accordance with the Accessibility Policy, the Commission has set out a condition of licence requiring the licensee to:
 
  • ensure that advertising, sponsorship messages and promos in the English and French language are closed captioned by no later than the fourth year of the licence term;
 
  • adhere to the quality standards on closed captioning developed by television industry working groups, as amended from time to time and approved by the Commission; and
 
  • implement a monitoring system to ensure that closed captioning is included in the broadcast signal and that captioning reaches the viewer in its original form.

8.

In the Accessibility Policy, the Commission also indicated that it would continue to require broadcasters to provide four hours of described video per week. However, the Commission determines that it is appropriate not to impose a condition of licence to that effect at this time. Nonetheless, the Commission expects that the service will provide described video whenever it is possible.

9.

Further, in that same policy, the Commission indicated that licensees would be required, by condition of licence, to provide audio description for all information programs, including news programming. A condition of licence to this effect is set out in the appendix to this decision.
 

Reminder

10.

The Commission reminds the applicant that distribution of this service is subject to the applicable distribution rules set out in Broadcasting Public Notice 2008-100.
  Secretary General
  Related documents
 
  • ccessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009
 
  • Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008
 
  • A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007
 
  • 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
 
  • 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 2009-721

 

Terms, conditions of licence and expectation for the Category 2 specialty programming undertaking New Tang Dynasty TV Canada HD

 

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 25 November 2012. 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 applicant must file an executed copy of its amended By-Laws no later than 12 months following the commencement of operations.
  Further, in accordance with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, the following must be received by the Commission for its approval within three months of the date of this decision:
 
  • the licensee’s plans to ensure that it meets the expectation that a closed captioned version of all programming aired during the overnight period will be provided to viewers when captions are available;
 
  • a description of the monitoring system to be implemented to ensure that closed captioning is included in the broadcast signal and that captioning reaches the viewer in its original form;
 
  • a description of the mechanisms and procedures to be implemented relating to quality control of closed captioning, including procedures to ensure that closed captioning is present throughout the entire program and the means by which the licensee intends to ensure that captioning errors are corrected before programming is rebroadcast; and
 
  • a description of the measures that will be adopted in order to meet the requirement set out in paragraph 128 of the policy to effectively implement audio description.
  The licence will expire 31 August 2016.
 

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, except for condition 4d), which will not apply, and condition 4a), which is replaced by the following:

 

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.

 

2. The licensee shall provide a national, third-language general interest ethnic Category 2 specialty programming service devoted to news, analysis and commentary, documentaries, entertainment, drama and movies for a Chinese-speaking audience.

 

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
9 Variety
11 General entertainment and human interest
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. No more than 15% of all programming broadcast during the broadcast week will be drawn from each of categories 6(a), 7(d) and 8(a).

 

5. The licensee shall broadcast not less than 70% of all programming during the broadcast week in the Mandarin language, 10% in the Cantonese language, and 10% in other third languages, including Korean, Japanese, Tibetan, Vietnamese, Lao, Thai, Tagalog, Shanghainese and Taiwanese.

 

6. The licensee shall caption 100% of the English- and French-language programs broadcast 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.

 

7. In accordance with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, the licensee shall:

 
  • ensure that advertising, sponsorship messages and promos in the English and French language are closed captioned by no later than the fourth year of the licence term;
 
  • adhere to the quality standards on closed captioning developed by television industry working groups, as amended from time to time and approved by the Commission; and
 
  • implement a monitoring system to ensure that closed captioning is included in the broadcast signal and that captioning reaches the viewer in its original form.
 

8. The licensee shall provide audio description for all the key elements of information programs, including news programming.

 

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.

 

11. The licensee is authorized to make available for distribution a version of its service in standard definition format, provided that not less than 95% of the video and audio components of the standard and high definition versions of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal.

  For the purposes of the conditions of this licence, including condition of licence 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

  The Commission expects that the service will provide described video whenever it is possible.

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