ARCHIVED - Broadcasting Notice of Consultation CRTC 2010-952

This page has been archived on the Web

Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.

Archived

This page has been archived on the Web.

PDF version

Additional references: 2010-952-1, 2010-952-2, 2010-952-3, 2010-952-4 and 2010-952-5

Ottawa, 22 December 2010

Notice of hearing

4 April 2011
Gatineau, Quebec
Group-based licence renewals for English-language television groups
Deadline for submission of interventions/comments: 28 January 2011

[Submit an intervention/comment or view related documents]

The Commission will hold a hearing commencing 4 April 2011 at 9:00 a.m., at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec, to consider the applications described below:

Introduction

In A group-based approach to the licensing of private television services, Broadcasting Regulatory Policy CRTC 2010-167, 22 March 2010 (Broadcasting Regulatory Policy 2010-167), the Commission announced a new group-based approach to the licensing of private television services affiliated with larger Canadian broadcasting groups (the group-based policy). The Commission indicated that the new group-based framework would apply, at the outset, to ownership groups that generate more than $100 million in annual revenues from private, English-language conventional television stations and own at least one English-language specialty and/or pay programming service. The groups meeting the criteria at this time are CTVglobemedia (CTVgm), Shaw Media Inc. (Shaw) and Rogers Broadcasting Ltd. (Rogers).

Accordingly, the Commission has received applications from these large broadcasting ownership groups for the renewal of the television stations and specialty and pay services listed below. In addition, Corus Entertainment Inc. (Corus) has requested that its television services also be renewed under the new group-based licensing framework. The Commission has also received a separate renewal application from Shaw Cablesystems Ltd. (Shaw Cablesystems) for the CJBN-TV service located in Kenora, Ontario. Since this station shares common ownership with some of the larger ownership groups, the Commission will treat its renewal application as part of this proceeding.

Some of the groups have also applied for revocation of licenses that will not expire until 2012 or later. The granting of new licences as of September 2011 will allow these services to immediately be part of the new group-based policy.

Pursuant to Broadcasting Regulatory Policy 2010-167, each of the large ownership groups have submitted group renewal applications for their various affiliated services on a group basis. All of the key proposed amendments submitted with respect to the conventional television stations operated by each of these groups can be found under the application number assigned to the group as specified below. The key amendments proposed with respect to their pay and specialty services follow under individual application numbers.

Item                      Applicant                                   Application

1.                           CTVglobemedia Inc.                  2010-1261-6

2.                           Shaw Media Inc.                         2010-1307-8

3.                           Corus Entertainment Inc.            2010-1350-8

4.                           Shaw Cablesystems Limited       2010-1306-0

5.                           Rogers Broadcasting Limited     2010-1253-3

Preamble

In implementing this framework through the group-based policy, the Commission’s objective is to provide private broadcasting groups with greater flexibility in the allocation of resources amongst their various television platforms while permitting the Commission to consider factors such as the total audience reached by a broadcasting group, the totality of its revenues and of its programming commitments and obligations.

While providing greater flexibility to television services, this new framework will also permit the Commission to ensure continued support for the creation of Canadian programming, particularly in categories that continue to be under-represented in the Canadian broadcasting system. In particular, the Commission has announced new group-based Canadian programming expenditure (CPE) requirements and additional requirements related to programs of national interest (PNI), which the Commission has defined as scripted drama, documentaries and Canadian awards shows.

Key issues

In this proceeding, the Commission will implement the group-based policy, including the CPE and PNI requirements and the various other changes set out in Broadcasting Regulatory Policy 2010-167 and in 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), and other recent proceedings. In this regard, the key issues the Commission will consider include:

• Group-based Canadian programming expenditures;

• Group-based programs of national interest expenditures;

• Groups treated in this proceeding;

• Terms of trade; and

• Digital television transition.

In addition, the Commission will examine a number of specific changes proposed by the applicants, as set out in items 1 to 5 below.

Canadian programming expenditures

During the current and previous licence terms, certain pay and specialty services operated by the large broadcast ownership groups have been required to spend a percentage of their individual revenues on the purchase and production of Canadian programming. Similarly, conventional television stations have generally been required to broadcast a minimum of 8 hours per week of “priority” programming (drama, documentaries, regional programs, etc.). 

In Broadcasting Regulatory Policy 2010-167, the Commission set out a new approach that recognizes the role played by large ownership groups in the production and broadcast of Canadian programming. Under this new approach, each of the following services will be required to spend a percentage of its revenues on the purchase and production of Canadian programming, and the total amount of expenditures across all applicable services in a group will equal a set percentage of the total group revenues:

• all conventional television stations;

• all Category A pay and specialty services; and

• all Category B services with more than one million subscribers that are part of each group.

Competitive mainstream sports and news specialty services are excluded from this regime. The Commission stated that it would set an appropriate group-level CPE requirement for each group that would maintain the historical level of spending by the group, in addition to the individual CPE requirements set for the services that are part of that group. In Broadcasting Regulatory Policy 2010-167, the Commission took the preliminary view that an appropriate group CPE for each of the ownership groups would represent a minimum of 30% of aggregate revenues.

The Commission further indicated that specialty and pay services that are subject to the group-based CPE requirement will be given the flexibility to meet the requirement by spending up to 100% of their required CPE on Canadian productions broadcast, on other qualifying specialty or pay services or on television stations that are part of the same group. Conventional television stations will be permitted to spend up to 25% of their CPE requirements on productions broadcast by other qualifying specialty services that are part of the group.

Programs of national interest

In Broadcasting Regulatory Policy 2010-167, the Commission indicated that it would replace the current requirements related to priority programming with requirements on the group to spend a set amount of annual revenues on PNI (programs from program categories 7 Drama and comedy and 2(b) Long-form documentary, as well as specific Canadian award shows that celebrate Canadian creative talent). The Commission’s preliminary view was that a requirement that groups spend at least 5% of revenues on PNI would be appropriate. The Commission also indicated that the services that are part of these groups should be subject to a condition of licence requiring that at least 75% of PNI expenditures be allocated to independently-produced programs.  Finally, the Commission stated that it expects that the groups will commission PNI production from all regions of Canada commensurate with their presence in the respective markets in which they broadcast.

In order to assist the Commission in making its final determinations on the appropriate spending level for PNI, the Commission requested further information from the groups relating to current and historical expenditures on these types of programming.

Applicant’s proposals regarding CPE and PNI

As part of their applications in this proceeding, all four of the large broadcast ownership groups have proposed that group-based CPE and PNI requirements be set as follows:

• CPE and PNI expenditure requirements in year one of the new licence term would be calculated based on an average of the revenues in each of the three previous broadcasting years;

• CPE and PNI requirements in years two to five of the licence term would be calculated based on revenues earned in the previous broadcasting year;

• Each group has some flexibility to under spend or over spend a portion of their CPE and PNI requirements in any given broadcasting year, provided that the total minimum aggregate amounts are spent over the course of the licence term; and

• CPE requirements for conventional television stations would be based on a formula. This formula would take the total dollar amount of the CPE requirement for all of the applicable services in the group in a given year and subtract the dollar amounts of the CPE requirements of all of the pay and specialty services in that group. The remainder is the dollar amount of the CPE requirement for conventional stations in that group for that year.

Groups treated in this proceeding

In Broadcasting Regulatory Policy 2010-167, the Commission determined that, in principle, a modified group-based approach with the associated flexibility could apply to ownership groups other than those specifically designated in the policy, i.e., CTVgm, Canwest and Rogers.  The Commission further indicated that it would consider applications by other groups that wished to avail themselves of the additional flexibility provided by the group-based policy.

After this policy was issued, the Commission approved a change in effective control of the Canwest services to a wholly owned subsidiary of Shaw Communications Inc. (Shaw Communications), in Change in the effective control of Canwest Global Communications Corp.’s licensed broadcasting subsidiaries, Broadcasting Decision CRTC 2010-782, 22 October 2010 (Broadcasting Decision 2010-782). The application for renewal of these services in this proceeding has been submitted by Shaw on behalf of the various licensees.

In addition, as noted above, the Commission has received an application by Corus in which it requests that the Commission renew the broadcasting licences for the various television stations and pay and specialty services it controls under the group-based policy.

The Commission will also consider the renewal application of Shaw Cablesystems for CJBN-TV Kenora, Ontario, as part of this proceeding. 

In light of the above, the Commission will consider, as part of this proceeding, whether the various licences controlled by Corus should be eligible for renewal under the group-based policy. Further, given the common ownership between the various services controlled or affiliated with Shaw, Corus and Shaw Cablesystems, the Commission will consider the benefits and other implications of treating all of these services as a single group for the purpose of this policy.

Terms of trade

In Determinations regarding certain aspects of the regulatory framework for over-the-air television, Broadcasting Public Notice CRTC 2007-53, 17 May 2007, and in a number of policies and decisions published since May 2007, the Commission stated that the establishment of terms of trade agreements between independent Canadian television programming producers and broadcasters would provide stability and clarity for both producers and broadcasters and would be in the broadcasting industry’s interest as a whole.

In Broadcasting Decision 2010-782, which approved the acquisition of Canwest Global Communications Inc. (Global) by Shaw Communications, the Commission indicated that in the event that a terms of trade agreement is not reached prior to the licence renewal hearing for the former Global services, the Commission will require Shaw to file its substantive proposals to the Commission prior to the renewal hearing as part of the record of that hearing and will then establish appropriate provisions for terms of trade as part of its determinations set out in Shaw’s renewal decisions.

Therefore, in accordance with the approach set out in Broadcasting Decision 2010-782, in the event that any of the broadcasting groups identified in this notice have not reached terms of trade agreements with independent producers before the licence renewal hearings, the Commission will require these groups to file substantive proposals as part of the record of this hearing and will then establish appropriate provisions for terms of trade as part of its determinations in the licence renewal decisions for the services operated by these groups.

Digital television transition

No later than 31 August 2011, many of the conventional television stations that are part of the groups in question in this proceeding will cease broadcasting in an analog format and begin broadcasting in a digital format. The Commission will continue to process applications for amendments to the current licences of these stations that will permit them to commence broadcasting in a digital format on or before that date.  Licences renewed as part of this proceeding will come into effect on 1 September 2011 and will incorporate any other amendments made to these licences prior to that date.

Other matters

Licence classes for specialty and pay services

Specialty and pay services are currently licensed as either “analog” or Category 1 or 2 digital services. As set out in Broadcasting Public Notice 2008-100, the Commission has determined that beginning 1 September 2011, certain specialty and pay services will be classified as either Category A, B or as part of a distinct third class of services from genres that have been opened-up to competition, henceforth known as Category C services.

Category A services will include most of the pay and specialty services that are currently referred to as “analog” services as well as those currently licensed as Category 1 digital services. Category B services will include those services currently licensed as Category 2 digital services.  Finally, Category C services will include various specialty services in the news and sports genres that are currently licensed as another class of service but will, during the next licence term, be licensed as Category C services.

To limit any potential confusion that could result from this change in terminology, throughout this notice and the proceeding described herein, the Commission will use, to the greatest extent possible, the terms Category A, B and C to describe these services.

Cultural diversity plans

The Commission notes that the implementation of licensees’ cultural diversity corporate plans and annual reports filed over the licence term with the Commission will not be examined as part of this proceeding.  Instead, the Commission’s overall policy on cultural diversity will be evaluated at a later date to be determined by the Commission in order to ensure adequate evaluation of this policy by all interested parties. Licensees’ performance in this regard will be considered at that time.  In the meantime, all licensees currently subject to the Commission’s cultural diversity policy are expected to continue filing annual reports no later than 31 January of each year until further notice.

Applications

1.      CTVglobemedia Inc.
Application 2010-1261-6

Applications by CTVglobemedia Inc. (CTVgm), on behalf of the licensees listed below, for the renewal, or the revocation or the issuance of broadcasting licences for the stations and services listed below.

CTVgm has proposed CPE requirements for its various applicable services that, in aggregate, would equal 30% of the gross broadcasting revenues of the group, on the condition that the other ownership groups are required to spend the same proportion of their revenues. The specific CPE levels proposed for each applicable service are set out in the table below. CTVgm also indicated that it is willing to accept PNI expenditure requirements equivalent to 5% of its gross revenues for each applicable service, again, on the condition that the same requirement be applied to the other groups.

The Commission notes that CTVgm requested an authorization to operate the former television station CKNX-TV Wingham, Ontario, as a transmitter of CFPL-TV London, Ontario.

The Commission also notes that CTVgm indicated in its application that the transmitter CIWH-TV-1 Humboldt, Saskatchewan, associated with the station CICC-TV Yorkton, Saskatchewan and the transmitter CJCB-TV-4 New Glasgow, Nova Scotia, associated with the station CJCB-TV Sydney, Nova Scotia, are no longer in operation.

Key proposed amendments to conventional television stations and pay and specialty services are summarized in the tables below.

Television stations
Application 2010-1261-6

Locations and call signs of these stations are listed in the appendix to this notice of consultation.

Stations / Licensee	Key proposed amendment(s)
“CTV” stations CTV Inc.	Amend the standard condition of licence (COL) regarding local programming Delete the expectation to provide a minimum of 2.5 hours each week of children’s programming Delete the restriction on programming overlap between the stations CIVI-TV Victoria and CIVT-TV Vancouver Amend the standard COL with respect to the provision of described video
“A” stations CTV Corp.	Amend the standard COL regarding local programming Delete the restriction on programming overlap between the stations CIVI-TV Victoria and CIVT-TV Vancouver Amend the standard COL with respect to the provision of described video

Satellite to cable programming undertaking
Application 2010-1302-8

Undertaking / Licensee	Key proposed amendment(s)
‘A’ Atlantic (formerly Atlantic Satellite Network) CTV Inc.	Amend the standard COL regarding local programming Delete the prohibition to solicit local advertising in the Halifax-Dartmouth area Amend the standard COL with respect to the provision of described video

Category A services

Service / Application / Licensee	Key proposed amendment(s)
Book Television 2010-1282-2 CTV Limited	Maintain its CPE requirement at 40% Requested authorization to draw programming from all program categories Delete the COL limiting the broadcast of programming from category 7 between 6 p.m. and midnight Increase the percentage of programming that can be drawn from category 7 Delete the COL requiring that not less than 25% of all Canadian programs be produced by non-related production companies
Bravo! 2010-1270-8 CTV Limited	Maintain its CPE requirement at 33% Maintain its contributions to BravoFACT at 5% Requested authorization to draw programming from all program categories Delete the COL imposing restrictions on programming drawn from category 7 Add a COL regarding described video
Business News Network 2010-1275-7 CTV Inc.	Maintain its CPE requirement at 50% Requested authorization to draw programming from all program categories Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 75% to 65% during the evening broadcast period
CablePulse 24 2010-1271-5 CTV Limited	Amend the nature of service definition Requested authorization to draw programming from all program categories with a limit on programming drawn from category 11
E! (formerly Star!) 2010-1274-9 CTV Limited	Requested authorization to draw programming from all program categories Maintain its CPE requirement at 42%
Fashion Television Channel 2010-1283-0 CTV Limited	Requested authorization to draw programming from all program categories Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 50% to 35% during the broadcast day and evening broadcast period Maintain its CPE requirement at 41% Delete the COL requiring that not less than 25% of all Canadian programs be produced by non-related production companies
MTV(Canada) 2010-1277-3 CTV Inc.	Amend the nature of service definition Requested authorization to draw programming from all program categories Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 68% to 55% during the broadcast day and from 71% to 50% evening broadcast period Maintain its CPE requirement at 36%
MTV2 2010-1284-8 CTV Limited	Reduce the Canadian programming exhibition requirement Maintain its CPE requirement at 43% Delete the COL requiring that not less than 25% of all Canadian programs be produced by non-related production companies
MuchMoreMusic 2010-1272-3 CTV Limited	Amend the nature of service definition Reduce the Canadian programming exhibition requirement Maintain its CPE requirement at 31% Reduce its contributions to VideoFACT from 5% to 2.5% Amend the COLs limiting the broadcast of certain program categories Delete the COL limiting the broadcast of music-related feature film
MuchMusic 2010-1288-0 CTV Limited	Amend the nature of service definition Remove the limitations on programming drawn from program categories 9 and 10 Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 60% of the broadcast year and 50% of the time between 6:00 p.m. to midnight to 55% of the broadcast year and 50% of the evening broadcast period Reduce its CPE requirement from 33% to 29.5% Reduce its contributions to MuchFACT from 7% to 3.5% Reduce from 50% to 25% the exhibition of programming featuring music video clips (Category 8(b)) Increase from 15% to 20% the exhibition of ongoing dramatic series (Category 7(a)) and animated television programs and films (Category 7(e)) Increase from 10% to 20% the exhibition of theatrical feature films aired on TV (Category 7(d)) Delete the requirement to broadcast French-language music videos or performances
Réseau Info Sports 2010-1287-2 Le Réseau des sports inc.	Amend the nature of service definition Requested authorization to draw programming from all program categories Delete the COL requiring the periodic interruption of live sports coverage Maintain its CPE requirement at 51%
Space 2010-1273-1 CTV Limited	Requested authorization to draw programming from all program categories Reduce its CPE requirement from 43% to 40% Delete the COL requiring that not less than 25% of all Canadian programs be produced by non-related production companies Add a COL regarding described video
The Comedy Network 2010-1278-1 CTV Inc.	Requested authorization to draw programming from all program categories Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 60% to 55% during the broadcast day and from 65% to 50% evening broadcast period Maintain its CPE requirement at 45% Increase the level of programming drawn from category 7(e) to 25% of the broadcast month Remove the requirement that all programs drawn from categories 7(c) and 7(d) be Canadian Add a COL regarding described video
Discovery Channel 2010-1266-6 2953285 Canada Inc.	Draw programming from all program categories Maintain its CPE requirement at 45% Add a COL regarding described video

Category B services included in the calculation of the group CPE

Service / Application / Licensee	Key proposed amendment(s)
Animal Planet 2010-1295-5 Animal Planet Canada Company	Amend the nature of service definition Proposed a CPE requirement of 14%
Discovery Science (formerly Discovery Science Channel) 2010-1297-1 Discovery Civilization Canada Company	Amend the nature of service definition Proposed a CPE requirement of 16%
Discovery World HD (formerly Discovery HD) 2010-1301-0 2953285 Canada Inc.	Proposed a CPE requirement of 16%
ESPN Classic (formerly ESPN Classic Canada) 2010-1299-7 The Sports Network Inc.	Amend the nature of service definition Proposed a CPE requirement of 10% Amend the COL prohibiting the broadcast of live events to allow that 5% of all programming over the broadcast year be dedicated to live and tape-delayed sporting events

Category B services not included in the calculation of the group CPE

Service / Application / Licensee	Key proposed amendment(s)
Comedy Gold (formerly TV Land) 2010-1300-5 CTV Limited	Add program categories 2(a), (b) and 12 Decrease the copyright limit to 10 years prior to the broadcast year in which the service broadcasts programming drawn from program categories 6, 7, 8 and 9 Decrease the copyright limit to 15 years prior to the broadcast year in which the service broadcasts programming drawn from program category 7(d)
Investigation Discovery (formerly Court TV) 2010-1296-3 CTV Limited	Amend the nature of service definition Add program category 11
MuchLoud 2010-1291-3 CTV Limited	No proposed changes
MuchMoreRetro 2010-1292-1 CTV Limited	No proposed change
MuchVibe 2010-1293-9 CTV Limited	No proposed changes
PunchMuch 2010-1294-7 CTV Limited	Add program categories 13 and 14

Category C services

Service / Application / Licensee	Key proposed amendment(s)
CTV News Channel (formerly CTV Newsnet) 2010-1276-5 CTV Inc.	No proposed changes
Le Réseau des sports 2010-1280-7 Le Réseau des sports (RDS) inc.	Delete the COL regarding adherence to the Direction to the CRTC (Ineligibility of non-Canadians)
The Sports Network 2010-1281-4 The Sports Network Inc.	No proposed changes

Other service

Service / Application / Licensee

Key proposed amendment(s)

ACCESS 2010-1304-4 Learning and Skills Television of Alberta Limited

Delete the COL requiring that all programming be of the type described in the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) Amend the COL regarding the adherence to the Television Broadcasting Regulations, 1987 by removing the current restriction on the broadcast of advertising material Delete the COL regarding the purchase of airtime by the Ministry of Alberta Learning Replace the COL requiring that 60% of the broadcast year be devoted to educational programming by a COL requiring that the service broadcast 42 hours per broadcast week of educational programming and 14 hours per week of regional programming, averaged over the broadcast year Delete the COL limiting the broadcast of programming drawn from category 7 to educational programming

Applicant’s address:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Fax: 416-384-4580
E-mail: david.spodek@ctv.ca

Examination of application:

The appendix to this notice of consultation sets out various locations where the above applications may be viewed.

2.      Shaw Media Inc.
Application 2010-1307-8

Applications by Shaw, on behalf of the licensees listed below, for the renewal, or the revocation or the issuance of broadcasting licences for the television stations and services listed below.

Given the common ownership between the various services controlled or affiliated with Shaw, Corus and Shaw Cablesystems, the Commission will consider the benefits and other implications of treating all of these services as a single group for the purpose of the group-based licensing policy, as part of its renewal of the Shaw licences.

Shaw has proposed CPE requirements for its various applicable services that would, in aggregate, equal 29% of the gross revenues of the group, which it regards as more in line with its historical spending than the minimum 30% level identified by the Commission in Broadcasting Regulatory Policy 2010-167.  The specific CPE levels proposed for each applicable service are set out in the table below. Shaw also indicated that it is willing to accept PNI expenditure requirements equivalent to 5% of its gross revenues for each applicable service.

Key proposed amendments to conventional television stations and pay and specialty services to specific services are summarized in the tables below.

Conventional Television stations
Application 2010-1307-8

Stations/Licensee	Key proposed amendment(s)
All stations Shaw Television G.P.  Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership	Delete COL requiring the licensee to adhere to the Statement of Principles and Practices and /or Journalistic Independence Code Align all closed captioning language under a single COL to apply to all of their conventional television stations Add a standard COL regarding high definition
CKMI-TV-1 Montréal Shaw Television G.P.  Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership	Amend licence and the Commission’s policy as necessary in order to make CKMI-TV-1 eligible to benefit from the Local Programming Improvement Fund
CITV-TV Edmonton Shaw Television G.P.  Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership	Add CITV-TV-1 Red Deer as a re-broadcaster
CITV-TV-1 Red Deer	Revoke licence in relation to proposed amendment to CITV-TV Edmonton

Category A services

The applicant has proposed the following for all of its Category A services:

• Remove COLs restricting advertising on these services. If not, amend the COLs to authorize “non-traditional” advertising.

• Adopt standardized COLs with respect to drama programming and the requirements set out in Incentives for English-language Canadian Television drama, Broadcasting Public Notice CRTC 2004-93, 29 November 2004

Service / Application / Licensee	Key proposed amendment(s)
TVtropolis 2010-1313-5 Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc.(the limited partner) carrying on business as Shaw Television Limited Partnership, and Rogers Communications Inc., partners in a general partnership carrying on business as TVtropolis General Partnership	Amend the COL regarding the amount of category 7(a), 7(b), 7(c) and 7(f) programming broadcast that must be copyrighted at least ten years prior to the broadcast year in which they are aired by the service Maintain its CPE requirement at 43% Amend the COL with respect to the provision of described video
HGTV Canada – Home and Garden Television Canada 2010-1314-3 HGTV Canada Inc.	No proposed changes Maintain its CPE requirement at 50%
History Television 2010-1317-7 History Television Inc.	Reduce its CPE requirement from 40% to 29% Amend the COL with respect to the provision of described video
Slice 2010-1318-5 Life Network Inc.	Delete the COL requiring that a minimum of 75% of all Canadian programs broadcast by the licensee be produced by independent production companies Reduce the minimum requirement relating to the level of programming that must be devoted to Canadian programs from not less than 82.5% of the broadcast year and not less than 82.5% from the evening broadcast period, to not less than 60% of the broadcast year and not less than 60% of the evening broadcast period Reduce its CPE requirement from 71% to 69%
Food Network Canada 2010-1332-5 Food Network Canada Inc.	Delete the COL requiring that a minimum of 75% of all Canadian programs broadcast by the licensee be produced by independent production companies Delete the COL requiring that 80% of all Canadian programs broadcast be original Canadian programs Reduce its CPE requirement from 44% to 41%
Showcase 2010-1320-1 Showcase Television Inc.	Amend the COL regarding the broadcast of programs produced outside of the United States Delete the COL regarding the expenditures paid to independent producers for the production of original Canadian drama programs Delete the COL pertaining to the licensing from independent producers of no less than 75% of its original, first-run Canadian content hours Reduce its CPE requirement from 42% to 33% Add a COL regarding described video
Twist (formerly Discovery Health Network) 2010-1323-4 Discovery Health Channel Canada ULC	Delete the COL pertaining to the production of certain programs by non-related production companies Maintain its CPE requirement of 20%
The Independent Film Channel Canada 2010-1328-4 Showcase Television Inc.	Add a COL regarding the broadcast of Canadian programs: 60% of the broadcast day and 50% of the evening broadcast period Delete the COL pertaining to the production of certain programs by non-related production companies Reduce its CPE requirement from 37% to 36% Add a COL regarding described video
Mystery 2010-1326-8 Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc. (the limited partner) carrying on business as Shaw Television Limited Partnership, and TVA Group Inc., partners in a general partnership carrying on business as Mystery Partnership	Proposed COL regarding the distribution of Canadian programs: 60% of the broadcast day and 60% of the evening broadcast period Delete the COL pertaining to the production of certain programs by non-related production companies Reduce its CPE requirement from 43% to 41% Add a COL regarding described video

Category B services included in the calculation of group CPE

The applicant has proposed the following for all of its Category B services:

• Remove COLs restricting advertising on these services. If not, amend the COLs to authorize “non-traditional” advertising.

Service / Application / Licensee	Key proposed amendment(s)
BBC Canada 2010-1355-7 Jasper Broadcasting Inc.	Add program category 14 Infomercials, promotional and corporate videos Proposed a CPE requirement of 10%
Déjà View 2010-1362-2 Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership	Add program category 14 Infomercials, promotional and corporate videos No CPE requirement proposed
National Geographic Channel 2010-1357-3 NGC Channel Inc.	Proposed a CPE requirement of 11%
Movie Time 2010-1352-3 Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership	Proposed a CPE requirement of 6%
Showcase Action 2010-1335-9 Showcase Television Inc.	Proposed a CPE requirement of 5%
Showcase Diva 2010-1334-1 Showcase Television Inc.	Proposed a CPE requirement of 5%

Category B services not included in the calculation of group CPE

The applicant has proposed the following for all of its Category B services:

• Remove COLs restricting advertising on these services. If not, amend the COLs to authorize “non-traditional” advertising.

Service / Application / Licensee	Key proposed amendment(s)
BBC Kids 2010-1356-5 Jasper Junior Broadcasting Inc.	Add program category 14 Infomercials, promotional and corporate videos
Fox Sports World Canada 2010-1353-1 Shaw Television G.P. Inc. (the general partner) and 7509014 Canada Inc. (the limited partner) carrying on business as Shaw Television Limited Partnership, and Fox Sports World Canada Holdco Inc., partners in a general partnership carrying on business as Fox Sports World Canada Partnership	No proposed changes

Applicant’s address:

121 Bloor Street East
Suite 1500
Toronto, Ontario
M4W 3M5
Fax: 416-386-2779
E-Mail: cbell@canwest.com

Examination of application:

The appendix to this notice of consultation sets out various locations at which the applications above may be viewed.

3.      Corus Entertainment Inc.
Application 2010-1350-8

Applications by Corus, on behalf of the licensees (listed below), for the renewal, or the revocation or the issuance of broadcasting licences for the stations and services listed below. 

Given the common ownership between the various services controlled or affiliated with Shaw, Corus and Shaw Cablesystems, the Commission will consider the benefits and other implications of treating all of these services as a single group for the purpose of the group-based policy, as part of its renewal of the Corus licences.

Corus has proposed CPE requirements for its various applicable services that would, in aggregate, equal 29% of the gross revenues of the group, which it regards as more in line with its historical spending than the minimum 30% level identified by the Commission in Broadcasting Regulatory Policy 2010-167 and takes into account other assumptions made in its proposal. The specific CPE levels proposed for each applicable service are set out in the table below. Corus also indicated that it is willing to accept PNI expenditure requirements equivalent to 5% of its gross revenues for each applicable service.

Key proposed amendments to conventional television stations and pay and specialty services are summarized in the tables below.

Television stations
Application 2010-1350-8

Call sign / Location / Licensee	Key proposed amendment(s)
CKWS-TV-1 Brighton 591987 B.C. Ltd.	Maintain the authority to broadcast a maximum of 6.5% of the commercial availabilities on the Brighton undertaking separately from those broadcast on CKWS-TV Kingston, for each hour of original, station-produced programming it broadcasts exclusively on its Brighton undertaking each week.
CKWS-TV Kingston, Ontario 591987 B.C. Ltd.	No proposed changes
CHEX-TV-2 Oshawa, Ontario 591987 B.C. Ltd.	Maintain the authority to broadcast a maximum of 6.5% of the commercial availabilities on the Oshawa undertaking separately from those broadcast on CHEX-TV Peterborough, for each hour of original, station-produced programming it broadcasts exclusively on its Oshawa undertaking each week.
CHEX-TV Peterborough, Ontario 591987 B.C. Ltd.	No proposed changes
CKWS-TV-2 Prescott, Ontario 591987 B.C. Ltd.	No proposed changes

Category A specialty services

Service / Application / Licensee	Key proposed amendment(s)
CMT 2010-1349-0 Country Music Television Ltd.	Impose a CPE requirement of 30% in lieu of various contributions to Canadian country music videos and programs featuring Canadian country music artists Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 60% to 50% during the broadcast year Reduce the minimum amount of programming drawn from category 8(b) Music video clips from 50% to 25% Increase the maximum amount of programming drawn from category 7 Drama from 15% to 20% Delete the COL limiting the broadcast of feature films
VIVA 2010-1347-4 VIVA Channel Inc.	Reduce the CPE requirement from 42% to 30% Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 60% to 50% in each broadcast day
W Network 2010-1346-6 W Network Inc.	Reduce its CPE requirement from 41% to 30% Reduce the minimum requirement of Canadian content relating to the level of programming that must be devoted to the broadcast of Canadian programs from 70% to 50% of the broadcast year and from 60% to 50% of the evening broadcast period Add a narrative definition of nature of service as a COL Delete COLs that limit the ratio of programming originating from the U.S. in non-Canadian programming during the broadcast day and evening broadcast period Amend the standard COL with respect to the provision of described video
Treehouse TV 2010-1345-8 YTV Canada, Inc.	Reduce its CPE requirement from 32% to 30% Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 70% to 50% of the broadcast day and from 60% to 50% of the evening broadcast period Delete COLs limiting program sharing with YTV Delete specific COLs limiting advertising Delete COL limiting the broadcast of recent category 7 Drama programming between 9 p.m. and 6 a.m. Increase the maximum limit of category 8 Music programming that target audiences other than pre-schoolers between 9 p.m. and 6 a.m. from 5% to 10% Amend the standard COL with respect to the provision of described video
YTV 2010-1344-0 YTV Canada, Inc.	Reduce its CPE requirement from 40% to 30% Reduce the minimum requirement relating to the level of programming that must be devoted to the broadcast of Canadian programs from 60% to 50% of the broadcast year and from 60% to 50% of the evening broadcast period Replace requirements to provide a minimum of 30% of programming to children up to 5 years of age and a minimum of 48% of programming to children and youth between 6 and 17 years of age by a requirement to provide a minimum of 78% of programming to children and youth up to 17 years of age Delete the COL requiring that all drama programming broadcast in the evening period be of particular interest to children, youth and their families Delete the COL limiting the categories of programs broadcast with families as the target audience Delete the COL limiting the level of programming drawn from category 8(b) Music videos to 5% Delete the COLs limiting the broadcast of programming drawn from category 7(d) Feature films to 10%, as well as limiting the number of feature films broadcast each week in the evening broadcast period Delete the COL requiring a yearly minimum of 90 hours of first-run Canadian programming produced by the independent production sector Delete the COLs requiring that 15% of non-Canadian programming be produced from outside North America Delete the COLs limiting advertising Amend the standard COL with respect to the provision of described video

Category A pay services

Service / Application / Licensee	Key proposed amendment(s)
Encore Avenue 2010-1310-2 Encore Avenue Ltd.	Increase its CPE requirement from 25% to 30% Delete the COL requiring a minimum of 67% of Canadian programming to be drawn from categories 7(c) Specials, mini-series and made-for-TV feature films and 7(d) Feature films Calculate the minimum Canadian content by broadcast year rather than broadcast semester
Movie Central 2010-1309-4 Movie Central Ltd.	Replace its CPE requirement based on a sliding scale by a 30% CPE requirement Calculate the minimum Canadian content by broadcast year rather than broadcast semester. Maintain the 150% time credit for the broadcast of new Canadian productions Delete various COLs regarding the acquisition and development of Canadian programs

Category B services included in the calculation of the group CPE

Service / Application / Licensee	Key proposed amendment(s)
Sundance Channel 2010-1343-2 7202342 Canada Inc.	Impose a 15% CPE requirement
W Movies 2010-1342-4 7202377 Canada Inc.	Impose a 15% CPE requirement
Dusk 2010-1351-5 3924181 Canada Inc.	Impose a 15% CPE requirement
Cosmopolitan TV 2010-1321-8 Cosmopolitan Television Canada Company	Impose a 15% CPE requirement
Nickelodeon 2010-1315-1 4537459 Canada Inc.	Impose a 15% CPE requirement

Applicant’s address:

Corus Quay
25 Dockside Drive
Toronto, Ontario
M5A 0B5
Fax: 416-479-7015
E-Mail: sylvie.courtemanche@corusent.com

Examination of application:

The appendix to this notice of consultation sets out various locations where the applications above may be viewed.

Other services

Corus proposes that the following ethnic third-language services be renewed in this proceeding but not be treated as part of the Corus Group given that they provide programming in languages other than English.

Service / Application / Licensee	Key proposed amendment(s)
Telelatino 2010-1348-2 Telelatino Network Inc.	Category A third-language ethnic specialty service No proposed changes
Sky TG 24 2010-1331-7 Telelatino Network Inc.	Category B third-language ethnic specialty service No proposed changes

Applicant’s address:

5125 Steeles Avenue West,
Toronto, Ontario
M9L 1R5
Fax: 416-479-7015
E-Mail: aldo@tlntv.com and sylvie.courtemanche@corusent.com

Examination of application:

At the applicant’s address

4.      Shaw Cablesystems Limited
Application 2010-1306-0

Application by Shaw Cablesystems to renew the broadcasting licence for the television programming undertaking CJBN-TV Kenora, a CTV affiliate, expiring 31 August 2011.

Given the common ownership between the various services controlled or affiliated with Shaw, Corus and Shaw Cablesystems, the Commission will consider the benefits and other implications of treating all of these services as a single group for the purpose of the group-based policy, as part of its renewal of the Shaw Cablesystems licence.

The licensee proposes to operate this undertaking under the same terms and conditions as specified in the current licence.

Licensee’s address:

CJBN-TV
102- 10^th Street
Keewatin, Ontario
P9X 1C0
Fax: 807-547-2348
E-Mail: kyle.glieheisen@sjrb.ca

Examination of application:

At the licensee’s address

5.      Rogers Broadcasting Limited
Application 2010-1253-3

Applications by Rogers, on behalf of itself and of Rogers Sportsnet Inc., for the renewal, or the revocation or the issuance of broadcasting licences for the stations and services listed below.

Rogers has proposed CPE requirements for its various applicable services that, in aggregate, would equal 25% of the gross broadcasting revenues of the group.  The specific CPE levels proposed for each applicable service are set out in the tables below. Rogers also indicated that it is willing to accept PNI expenditure requirements of 2.5% gross revenues for each applicable service in years one and two of the new licence term and increasing to 3.0% in years three, four and five. Rogers has proposed a CPE of 21.9% in year one of the new licence term rising to 22.7% in year five for its conventional services.

In addition, Rogers has requested authority to redirect certain amounts related to regional news bureaus that form part of the benefits package proposed by CHUM Limited when it acquired Craig Media in 2004. Currently, the remainder to be spent on this benefit is $3,277,658. Rogers is requesting that these funds be redirected to new incremental local programming in Calgary and Edmonton. See Application 2010-1079-3 for details.

Rogers also proposed to eliminate the expectation placed on its conventional services regarding independent production.

Key proposed amendments to conventional television stations and pay and specialty services are summarized in the tables below.

Conventional television stations
Application 2010-1253-3

Stations / Licensee	Key proposed amendment(s)
CITY-TV Toronto Rogers Broadcasting Limited	Delete the COL requiring 8 hours per week of priority programming between 7 and 11 p.m. Delete the COL requiring priority programming distinct from English-language programming on OMNI stations CFMT-TV and CJMT-TV Delete the COL requiring 100 hours per broadcast year of Canadian long form features during peak viewing hours, including a maximum of 10 hours of documentaries
CHMI-TV Portage La Prairie Rogers Broadcasting Limited	Delete the COL requiring 8 hours per week of priority programming between 7 and 11 p.m.
CKAL-TV Calgary Rogers Broadcasting Limited	Delete the COL requiring 8 hours per week of priority programming between 7 and 11 p.m. Delete the COL prohibiting the overlap of priority programming with English-language programming on OMNI Calgary (CJCO-TV)
CKEM-TV Edmonton Rogers Broadcasting Limited	Delete the COL requiring 8 hours per week of priority programming between 7 and 11 p.m. Delete the COL prohibiting the overlap of priority programming with English-language programming on OMNI Edmonton (CJEO-TV)
CKVU-TV Vancouver Rogers Broadcasting Limited	Delete the COL requiring 8 hours per week of priority programming between 7 and 11 p.m. Delete the COL requiring priority programming distinct from English-language programming on OMNI stations CFMT-TV and CJMT-TV Delete the COL requiring 100 hours per broadcast year of Canadian long form features during peak viewing hours, including a maximum of 10 hours of documentaries

Category A services

Service / Application / Licensee	Key proposed amendment(s)
Outdoor Life Network (OLN) 2010-1257-5 Rogers Broadcasting Limited	Amend the nature of service definition Maintain its CPE requirement at 41% Add program categories 1, 3, 4, 5(a), 8(a), 8(b), 8(c), 9, 10 and 15 Delete the COL specifying that the service shall not broadcast more than one feature film per week, as well as the requirement that all Category 7 programs be Canadian Delete the existing prohibition on stick and/or ball sports Limit programming broadcast during each broadcast month from categories 8(b) and 8(c) combined to 10% Limit programming broadcast during each broadcast month from category 6(a) to 10%, reduced from 15%, during each broadcast day
G4techTV 2010-1259-1 Rogers Broadcasting Limited	Amend the nature of service definition Maintain its CPE requirement at 40% Add program categories 4, 5(a), 6(a), 6(b), 8(a), 8(b), 8(c), 9 and 15 Limit programming broadcast during each broadcast month from categories 6(a) to 10% and from categories 8(b) and 8(c) combined to 10% Increase the programming broadcast during each broadcast month from program categories 2(b) and 7(d) to 10% each, increased from 5%
The Biography Channel 2010-1260-9 Rogers Broadcasting Limited	Maintain at CPE requirement at 40% Add program categories 1, 3, 4, 5(b), 6(a), 6(b), 7(a), 7(b), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9 and 15 Limit to 10% of each broadcast month the amount of programming that can be drawn from the following categories: 6(a); 7(a), 7(b), 7(e), 7(f) and 7(g) combined and 8(b) and 8(c) combined Delete the COL that limits to 10% the amount of programming that may be drawn from categories 5(a) and 10 during the broadcast week Amend the COL requiring that not more than 10% of all programming broadcast in each broadcast week be drawn from category 2(b), with the exception of programming of a biographical nature so that this restriction applies to the broadcast month

Category C services

Service / Application / Licensee	Key proposed amendment(s)
Rogers Sportsnet 2010-1258-3 Rogers Sportsnet Inc.	No changes proposed

Applicant’s address:

333 Bloor Street East
7^th floor
Toronto, Ontario
M4W 1G9
Fax: 416-935-8203
E-Mail: susan.wheeler@rci.rogers.com

Examination of application:

The appendix to this notice of consultation sets out various locations where the applications above may be viewed.

Additional information

The Commission notes that additional information relating to the applications set out above will be added to the public file.  Interested parties are invited to check the public file on a regular basis.

Public participation

Deadline for interventions

28 January 2011

The intervention must be received by the Commission and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays and will not notify a party whose intervention is received after the deadline date. The intervention will not be considered by the Commission and will not be part of the public file.

The intervention must include one of the following statements in either the first or the last paragraph:

1. I request to appear at the public hearing.
2. I do not want to appear at the public hearing.

Interventions will be considered by the Commission and will form part of the public record of the proceeding without further notification to intervening parties, provided the procedure set out below has been followed. Parties will be contacted only if their submissions raise procedural questions.

Written interventions should be submitted to the Secretary General of the Commission in only one of the following formats:

by using the
[Broadcasting interventions/comments form]

or

by mail to
CRTC, Ottawa, Ontario K1A 0N2

or

by fax at
819-994-0218

A true copy must be sent to the applicant, and proof that this has been done must accompany the intervention sent to the Commission.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.

Parties must ensure that, before initiating service through electronic mode, they will be able to satisfy the Commission, upon request, that service of the notification was completed.

Submissions longer than five pages should include a summary.

Each paragraph of the submission should be numbered. In addition, where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Interventions should clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

In the event that the application is brought to the oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions are not sufficient and why an appearance is necessary. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information granted confidentiality, whether sent by postal mail, facsimile, e-mail or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, e-mail addresses, postal/street addresses, telephone and facsimile numbers, and any other personal information parties provide.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

The Commission encourages interested parties to monitor the public examination file and the Commission’s website for additional information that they may find useful when preparing their interventions.

Examination of documents

An electronic version of the applications is available from the Commission’s website by selecting the application number within this notice.

A list of all interventions will also be available on the Commission’s website. An electronic version of all interventions submitted will be accessible from this list. To access the list, select “Lists of interventions/comments” under “Public Proceedings” from the Commission’s website.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications, or, upon request, within two (2) working days, at any other Commission offices and documentation centres.

Location of Commission offices

Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage, Room 206
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218

Regional offices

Metropolitan Place
99 Wyse Road
Suite 1410
Dartmouth, Nova Scotia
B3A 4S5
Tel.: 902-426-7997
Fax: 902-426-2721

205 Viger Avenue West
Suite 504
Montréal, Quebec
H2Z 1G2
Tel.: 514-283-6607

55 St. Clair Avenue East
Suite 624
Toronto, Ontario
M4T 1M2
Tel.: 416-952-9096

Kensington Building
275 Portage Avenue
Suite 1810
Winnipeg, Manitoba
R3B 2B3
Tel.: 204-983-6306
Fax: 204-983-6317

2220 – 12^th Avenue
Suite 620
Regina, Saskatchewan
S4P 0M8
Tel.: 306-780-3422

10405 Jasper Avenue
Suite 520
Edmonton, Alberta
T5J 3N4
Tel.: 780-495-3224

858 Beatty Street
Suite 290
Vancouver, British Columbia
V6B 1C1
Tel.: 604-666-2111
Fax: 604-666-8322

Secretary General