ARCHIVED - Broadcasting Decision CRTC 2010-695

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Route reference: 2010-373

Ottawa, 21 September 2010

Canal Évasion inc.
Saint-Lambert, Quebec

Application 2010-0801-1, received 11 May 2010

Évasion – Licence amendment

1.      The Commission approves the application by Canal Évasion inc. to amend the broadcasting licence for the national French-language analog specialty television programming undertaking known as Évasion by adding the following categories to the list of programming categories from which the licensee may draw: 3 Reporting and actualities, 4 Religion, 5(a) Formal education and pre-school, 6(b) Amateur sports, 7(a) Ongoing dramatic series, 7(b) Ongoing comedy series (sitcoms), 7(e) Animated television programs and films, 8(c) Music video programs and 15 Filler programming, as set out in item 6 of Schedule I of the Specialty Services Regulations, 1990, as amended from time to time. There were no interventions to this application.

2.      The licensee submitted 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.

3.      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 7(e) and 8(c).

4.      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 Commission’s determinations set out in Broadcasting Public Notice 2008-100. The Commission therefore replaces the current condition of licence 1 with the following condition of licence:

1.      The licensee shall provide a national, French-language specialty television service that is dedicated exclusively to tourism, adventure and travel. The programming shall be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

1      News
2(a) Analysis and interpretation
2(b) Long-form documentary
3      Reporting and actualities
4      Religion
5(a) Formal education and pre-school
5(b) Informal education/Recreation and leisure
6(a) Professional sports
6(b) Amateur sports
7(a) Ongoing dramatic series
7(b) Ongoing comedy series (sitcoms)
7(c) Specials, mini-series, made-for-TV feature films
7(d) Theatrical feature films aired on TV
7(e) Animated television programs and films
7(f)  Programs of comedy sketches, improvisation, unscripted works, stand-up comedy
8(a) Music and dance other than music video programs or clips
8(b) Music video clips
8(c) Music video programs
9      Variety
10    Game shows
11    General entertainment and human interest
12    Interstitials
13    Public service announcements
14    Infomercials, promotional and corporate videos
15    Filler programming

5.      To ensure that this amendment does not result in shifts that could cause Évasion 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 7(e) and 8(c).

Secretary General

*This decision is to be appended to the licence.

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