ARCHIVED - Broadcasting Decision CRTC 2010-753

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Route reference: 2010-295

Ottawa, 13 October 2010

TVA Group Inc.
Across Canada

Application 2010-0397-0, received 26 February 2010
Public Hearing in the National Capital Region
19 July 2010

Star système – Category 2 specialty service

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

Introduction

1.      TVA Group Inc. (TVA Group) filed an application for a broadcasting licence to operate Star système, a national, French-language general-interest Category 2 specialty programming undertaking that would offer programming devoted to entertainment news, the entertainment industry and humour. The programming would gradually be offered in high definition format.

2.      TVA Group is a corporation controlled by Quebecor Media Inc.

3.      The applicant proposed to draw programming for the proposed service from the following program categories set out in Item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time: 2(a), 2(b), 3, 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11, 12, 13, 14 and 15.

4.      The applicant proposed to limit the broadcast of programming from each of program categories 2(b), 7(c), 7(d) and 7(e), as well as from program categories 8(b) and 8(c) combined, to 10% of the broadcast month.

5.      The Commission received an intervention offering general comments from TELETOON Canada Inc. (TELETOON), licensee of the French-language Category A service, Télétoon. The intervention as well as the applicant’s reply can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

Commission’s analysis and determinations

6.      After examining the application in light of applicable policies and regulations, and taking into account the intervention received and the applicant’s reply, the Commission considers that the issues to be determined relate to the following:

• whether Star Système would compete directly with Télétoon or with existing Category A services;[1] and

• the broadcast of programming drawn from program category 15 (Filler programming).

Would Star SYSTÈME be directly competitive with Télétoon or with existing Category A services?

7.      In Public Notice 2000-6, the Commission implemented a competitive, open-entry approach to licensing Category 2 services. While the Commission does not consider the impact that a Category 2 service might have on an existing Category 2 service, it does seek to ensure that Category 2 services do not compete directly with any existing Category A service.

8.      In Public Notices 2000-171 and 2000-171-1, the Commission adopted a case-by-case approach to determining whether a proposed Category 2 service should be considered directly competitive with an existing Category A service. The Commission examines each application in detail, taking into consideration the proposed nature of service and the unique circumstances of the genre in question.

9.      While it did not oppose the application, TELETOON expressed concern with the possible competitiveness of the proposed service with Télétoon. In this regard, TELETOON proposed that the applicant limit the broadcast of programs drawn from program category 7(e).

10.  In its reply, TVA Group stated that it would accept the standard limit of 10% of the broadcast month for program category 7(e).

11.  The Commission is of the view that the application complies with Broadcasting Public Notice 2008-100 and that the proposed nature of service is sufficiently specific to ensure that the service does not morph into a service that would be competitive with any existing Category A services. Consequently, the Commission is satisfied that Star Système would not be directly competitive with any existing Category A services. The Commission reminds the applicant that the programming broadcast by Star Système must be consistent with the nature of service set out by condition of licence in the appendix to this decision.

Broadcast of programming drawn from program category 15

12.  In regard to the applicant’s request to broadcast programming from program category 15, the Commission notes that, in Public Notice 2000-171, it removed that program category from almost all of the nature of service descriptions for Category 2 services. The Commission considered that all programming drawn from program category 15 can be categorized more particularly under other categories and should be logged as such.

Conclusion

13.  The Commission is satisfied that the application complies with the frameworks set out in Public Notice 2000-6 and Broadcasting Public Notice 2008-100, with the approaches set out in Broadcasting Public Notices 2003-61 and 2006-74, and with all applicable terms and conditions announced in Public Notice 2000-171-1. Accordingly, the Commission approves the application by TVA Group Inc. for a broadcasting licence to operate the national, French-language general-interest Category 2 specialty programming undertaking, Star système. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

14.  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

• Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008

• Regulatory framework for the licensing and distribution of high definition pay and specialty services, Broadcasting Public Notice CRTC 2006-74, 15 June 2006

• The regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003

• Introductory statement – Licensing of new digital pay and specialty services – Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001

• Introductory statement – Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000

• 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.

Footnote

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