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ARCHIVED - Broadcasting Decision CRTC 2011-117

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Route reference: 2010-715

Ottawa, 22 February 2011

Rogers Broadcasting Limited
 Across Canada

Application 2010-1131-1, received 12 July 2010
Public Hearing in the National Capital Region
26 November 2010

The Competition Channel – Category 2 specialty service

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

The application

1.      Rogers Broadcasting Limited (Rogers) filed an application for a broadcasting licence to operate The Competition Channel, a national, English-language Category 2 specialty programming undertaking that would be devoted exclusively to reality-based programming, including competition-based reality and do-it-yourself makeover programs. The Commission received a comment that did not address issues directly relevant to the present application. This comment can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

2.      Rogers is wholly owned and controlled by Rogers Communications 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: 1, 2(a), 2(b), 3, 4, 5(a), 5(b), 6(a), 6(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 and 14.

4.      To ensure that the proposed service would not be directly competitive with any existing Category 1 or analog pay or specialty services, the applicant proposed to accept the following conditions of licence:

5.      Further, the applicant proposed specific limitations on the programming to be broadcast by the service. Specifically, the applicant stated that all of the programming broadcast by The Competition Channel would be reality-based programming, defined as follows:

Reality-based programming will include:

a)      The presentation of contrived circumstance(s) – which may be competitive or non-competitive in nature; and/or

b)      Dramatizations and/or re-creations of real situations or events.

Commission’s determination

6.      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 set out in Public Notice 2000-171-1. Accordingly, the Commission approves the application by Rogers Broadcasting Limited for a broadcasting licence to operate the national, English-language Category 2 specialty programming undertaking The Competition Channel. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

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

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2011-117

Terms and conditions of licence for the national, English-language Category 2 specialty programming undertaking The Competition Channel

Terms

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

The licence will expire 31 August 2017.

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 licence will be subject to the conditions set out in Implementation of the Accessibility Policy with respect to Category 2 pay and specialty services, Broadcasting Regulatory Policy CRTC  2010-355, 8 June 2010.

3.      The licensee shall provide a national, English-language Category 2 specialty programming undertaking devoted exclusively to reality-based programming, including competition-based reality and do-it-yourself makeover programs.

Reality-based programming for the purposes of this condition of licence is defined as:

a)      The presentation of contrived circumstance(s) – which may be competitive or non-competitive in nature; and/or

b)      Dramatizations and/or re-creations of real situations or events.

4.      The programming shall be drawn exclusively 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:

1   News
2   (a) Analysis and interpretation
     (b) Long-form documentary
3   Reporting and actualities
4   Religion
5   (a) Formal education and pre-school
     (b) Informal education/Recreation and leisure
6   (a) Professional sports
     (b) Amateur sports
7   Drama and comedy
     (a) Ongoing dramatic series
     (b) Ongoing comedy series (sitcoms)
     (c) Specials, mini-series or made-for-TV feature films
     (d) Theatrical feature films aired on TV
     (e) Animated television programs and films
     (f)  Programs of comedy sketches, improvisation, unscripted works, stand-up
           comedy
     (g) Other drama
8   (a) Music and dance other than music video programs or clips
     (b) Music video clips
     (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

5.      The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from each of categories 2(a) and 6(a).

6.      The licensee shall devote not more than 10% of the programming broadcast during the broadcast year to programs drawn from category 6(b).

7.      The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from category 7 as a whole.

8.      The licensee shall devote not more than 10% of the programming broadcast during the broadcast month to programs drawn from categories 8(b) and 8(c) combined.

9.      No more than 10% of all programming broadcast during the broadcast week shall be devoted to reality renovation shows. Reality renovation shows deal primarily with home improvements and modifications to homes and/or gardens.

10.  The licensee shall not broadcast any live professional or amateur sporting events.

11.  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.

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

For the purposes of the conditions of this licence, including condition of licence 1, broadcast day means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee, or any other period approved by the Commission.

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