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ARCHIVED - Broadcasting Decision CRTC 2010-237

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  Route reference: 2009-803
  Ottawa, 28 April 2010
  Astral Broadcasting Group Inc.
Across Canada
  Application 2009-1364-1, received 9 October 2009
Public Hearing in the National Capital Region
22 February 2010
 

Adrenaline – Category 2 specialty service

1.

The Commission approves the application by Astral Broadcasting Group Inc. (Astral) for a broadcasting licence to operate Adrenaline, a national, English-language Category 2 specialty programming undertaking devoted to action movies and series primarily driven by fast-paced fictional plots featuring car chases, explosions, special effects or martial arts. The service will also feature occasional magazine-style shows focusing on this genre and its stars. The Commission also approves the applicant's request for authorization to offer both a standard and high definition version of the service.

2.

Astral is a wholly owned subsidiary of Astral Media Inc.

3.

In order to ensure that the proposed service will not be directly competitive with any existing Category 1 or analog pay or specialty services, Astral stated that it would accept a condition of licence permitting it to devote no more than 25% of all programming broadcast during the broadcast week to programs based on science fiction or fantasy themes. A condition of licence to this effect is set out in the appendix to this decision.

4.

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. The terms and conditions of licence are set out in the appendix to this decision.

5.

The Commission received a comment by Shaw Communications Inc. (Shaw) regarding all applications for Category 2 services considered as part of this proceeding. Shaw did not oppose these applications but wished to state for the record its concern that any new Category 2 service must be licensed in a manner that is consistent with the streamlined, flexible framework introduced in Broadcasting Public Notice 2008-100. Specifically, Shaw indicated that the Commission should explicitly state that new Category 2 services cannot be granted mandatory distribution orders under section 9(1)(h) of the Broadcasting Act and cannot become Category 1 services with access rights. The applicant did not reply to the intervention.
 

Implementation of the Commission's determinations regarding accessibility of services

6.

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 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.

7.

In the Accessibility Policy, the Commission also indicated that it would continue to require conventional and Category 1 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 for Category 2 services at this time. Nonetheless, the Commission expects the service authorized in this decision to acquire and make available described versions of programming whenever possible.

8.

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

9.

The Commission reminds the applicant that the distribution of this service is subject to the applicable distribution rules set out in Broadcasting Public Notice 2008-100.
  Secretary General
 

Related documents

 
  • Accessibility 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
 
  • 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 2010-237

 

Terms, conditions of licence, expectations and encouragement for the Category 2 specialty programming undertaking Adrenaline

 

Terms

  A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
 
  • 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 28 April 2013. 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 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.

 

2. The licensee shall provide a national, English-language Category 2 specialty programming service that will be devoted to action movies and series primarily driven by fast-paced fictional plots featuring car chases, explosions, special effects or martial arts. It will also feature occasional magazine-style shows focusing on this genre and its stars.

 

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:

 

2 (a) Analysis and interpretation
   (b) Long-form documentary
3 Reporting and actualities
7 (a) Ongoing dramatic series
   (c) Specials, mini-series or made-for-TV feature films
   (d) Theatrical feature films aired on TV
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. The licensee shall devote no more than 25% of all programming broadcast during the broadcast week to programs based on science fiction or fantasy themes.

 

5. The licensee shall caption 100% of the 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.

 

6. 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, for any signal that is closed captioned, the correct signal is captioned, the captioning is included in its broadcast signal and this captioning reaches the distributor of that signal in its original form. "Original form" means, at a minimum, that the captioning provided by the licensee reaches the distributor unaltered, whether it is passed through in analog or in digital, including in high definition.
 

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

 

8. The licensee is authorized to make available for distribution an upgraded version of its service in high definition format, provided that not less than 95% of the video and audio components of the upgraded and standard definition version of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal. All of the programming making up the 5% allowance shall be provided in high definition format.

 

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.

  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.
 

Expectations

  The Commission expects the licensee to acquire and make available described versions of programming whenever possible.
  The licensee is expected to:
 
  • display a standard described video logo and air an audio announcement indicating the presence of described video before the broadcast of each described program; and
  • make information available regarding the described programs that it will broadcast.
 

Encouragement

  The Commission encourages the licensee to repeat the standard described video logo and audio announcement indicating the presence of described video following each commercial break.
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