ARCHIVED - Broadcasting Decision CRTC 2010-26

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  Route reference: 2009-729
  Ottawa, 20 January 2010
  Ten Broadcasting Inc.
Across Canada
  Application 2009-1413-6, received 22 October 2009

Red Hot TV – Licence amendment


The Commission approves the application by Ten Broadcasting Inc. to amend the broadcasting licence for the national English-language Category 2 specialty programming undertaking known as Red Hot TV by adding to the list of programming categories from which the licensee may draw its programming categories 8(b) Music video clips and 8(c) Music video programs, as set out in item 6 of Schedule 1 of the Specialty Services Regulations, 1990, as amended from time to time. There were no interventions to this application.


The licensee submitted that a sufficient amount of adult content music videos is now available to warrant the addition of these programming categories. It added that its application was made pursuant to Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008 (Broadcasting Public Notice 2008-100) in which the Commission stated that it would authorize Category A services (currently known as Category 1 and analog pay and specialty services) to draw their programming from all program categories. The Commission also indicated that it would do the same for Category B services (currently known as Category 2 services), if it received requests to do so.


In accordance with the approach set out in Broadcasting Public Notice 2008-100, the licensee indicated its willingness to accept a condition of licence stipulating that no more than 10% of all programming broadcast during the broadcast month be drawn from categories 8(b) and 8(c) combined.


In light of the above, the Commission is of the view that adding the program categories mentioned above with the restrictions proposed by the licensee is appropriate because this amendment complies with the objectives set out in Broadcasting Public Notice 2008-100. The Commission therefore replaces the current condition of licence b) with the following condition of licence:

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
7(a) Ongoing dramatic series
7(c) Specials, mini-series or made-for-TV feature films
7(d) Theatrical feature films aired on TV
7(e) Animated television programs and films
7(g) Other drama
8 (b) Music video clips
8(c) Music video programs
11 General entertainment and human interest
12 Interstitials
14 Infomercials, promotional and corporate videos


To ensure that this amendment does not result in shifts that could cause Red Hot TV to compete with Category A services, and consistent with the policy set out in Broadcasting Public Notice 2008-100, the Commission is imposing the following condition of licence:

The licensee shall devote no more than 10% of all programming broadcast during the broadcast month to programming drawn from categories 8(b) and 8(c) combined.


The Commission reminds the licensee that all programming broadcast by Red Hot TV from categories 8(b) and 8(c) must comply with its nature of service definition as set out in its conditions of licence.
  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:

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