ARCHIVED - Broadcasting Decision CRTC 2011-151
This page has been archived on the Web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.
Route reference: 2010-715
Ottawa, 4 March 2011
Bell ExpressVu Inc. (the general partner), and Bell Canada and Bell ExpressVu Inc., partners in BCE Holding G.P. (the limited partner), carrying on business as Bell ExpressVu Limited Partnership
Across Canada
Application 2010-0956-4, received 8 June 2010
Public Hearing in the National Capital Region
26 November 2010
Terrestrial pay-per-view service
The Commission approves an application for a broadcasting licence to operate a national, terrestrial pay-per-view service largely composed of live and tape-delayed live sports and special events programming.
The application
1. The Commission received an application by Bell ExpressVu Inc. (the general partner), and Bell Canada and Bell ExpressVu Inc., partners in BCE Holdings G.P. (the limited partner), carrying on business as Bell ExpressVu Limited Partnership (Bell ExpressVu LP, or “the applicant”) for a broadcasting licence to operate a national, terrestrial pay-per-view (PPV) programming undertaking to be known as Bell Sports-Specials PPV. The Commission did not receive any interventions in connection with this application.
2. Bell ExpressVu LP is owned and controlled by BCE Inc.
3. The applicant indicated that the new PPV service would consist primarily of live and tape-delayed live sports and special events programming. It proposed to draw programming from the following program categories set out in Item 6 of Schedule I to the Pay Television Regulations, 1990, as amended from time to time: 6(a), 6(b), 7(c), 12, 13 and 15. In addition, the applicant requested authorization to make its service available for distribution in both standard and high definition formats.
4. Bell ExpressVu LP indicated that it would make its PPV program offering available to customers in both official languages and would offer on occasion sports programs in third languages, such as Spanish, Italian, Portuguese or Hindi. It further stated that the programming would be predominantly in the English language, with approximately 10% of all programming to be in the French language and 5% in third languages.
5. The applicant requested that the Commission impose, in lieu of the standard conditions of licence that are imposed on general interest PPV undertakings with respect to the provision of Canadian programming, the following condition of licence:
The licensee shall, through its agreements with the licensees of terrestrial distribution undertakings, ensure that a minimum of 20% of the total number of hours of live sports events and special events that are made available in each broadcast year by the licensee of terrestrial distribution undertakings to their pay-per-view subscribers is Canadian.
6. Finally, Bell ExpressVu LP indicated that it would provide closed captioning of its PPV programming to serve the needs of viewers who are deaf or hard of hearing. Specifically, it would ensure that 100% of English-language and French-language programming aired during the broadcast day is closed captioned beginning in the first year of the licence term. It also indicated that it would provide accessibility of its PPV programming for persons with visual impairments through audio description.
Commission’s analysis and determination
7. The Commission is satisfied that the application is in conformity with the licensing framework for PPV services set out in Public Notice 2000-172. Accordingly, the Commission approves the application by Bell ExpressVu Inc. (the general partner), and Bell Canada and Bell ExpressVu Inc., partners in BCE Holdings G.P. (the limited partner), carrying on business as Bell ExpressVu Limited Partnership, for a broadcasting licence to operate the national, terrestrial pay-per-view programming undertaking to be known as Bell Sports-Specials PPV. The terms and conditions of licence are set out in the appendix to this decision.
8. The Commission also approves the applicant’s request for authorization to distribute programming in both standard and high definition formats.
Canadian content
9. In regard to Bell ExpressVu LP’s proposal relating to the provision of Canadian content, the Commission notes that the applicant is seeking the same condition of licence that was approved for Rogers Communications Inc.’s terrestrial PPV television service known as Rogers Sportsnet and for its direct-to-home (DTH) PPV television service known as Rogers Sportsnet DTH-PPV,[1] both of which are dedicated to the broadcast of live sports and other special events. the commission further notes that a similar condition of licence was approved for the regional, terrestrial dth ppv service known as breakaway, which offers programming that is dedicated exclusively to nhl (i.e., national hockey league) games involving the vancouver canucks, edmonton oilers and/or calgary flames hockey clubs, acquired by the licensee through arrangements with the licensee’s shareholders.[2]
10. Accordingly, the Commission approves the applicant’s request relating to the minimum number of hours of live sports events and special events programming broadcast that must be Canadian. A condition of licence to this effect is set out in the appendix to this decision.
Closed captioning
11. In Broadcasting Public Notice 2007-54, the Commission indicated that it would require all English- and French-language broadcasters to caption 100% of their programs over the broadcast day, with the exception of advertising and promos, beginning in the first year of the licence term. Accordingly, the Commission sets out a condition of licence to this effect in the appendix to this decision.
12. Further, in Broadcasting and Telecom Regulatory Policy 2009-430 (the Accessibility Policy), the Commission stated that it intends to require television licensees to abide by certain conditions of licence relating to closed captioning at the time of their next licence renewal. However, as this is a new service, the Commission requires the applicant to immediately adhere to the quality standards on closed captioning developed by the television industry’s working groups and implement a monitoring system to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning is included in its broadcast signal and this captioning reaches the distributor of that signal in its original form. Conditions of licence to this effect are set out in the appendix to this decision.
Described video
13. In the Accessibility Policy, the Commission indicated that those licensees that are currently required by condition of licence to provide described video would continue to be subject to such a requirement. The Commission intends to consider expanding the types of services to which it will apply described video requirements in the future. For those services such as PPV services that do not currently have a condition of licence regarding described video, the Commission expects these services to acquire and make available described versions of programming whenever possible and to ensure that its customer service responds to the needs of persons with a visual impairment, as set out in the Accessibility Policy.
14. The Commission notes that the service will be largely composed of live and tape-delayed live sports programming, which will generally include an audio play-by-play commentary provided by on-air announcers. In recognition of this, the Commission has not set out expectations relating to described video. The Commission considers that, given that sports programming is generally described through the on-air announcers’ commentary, the objectives of the Accessibility Policy concerning accessibility of programming for persons with visual impairments will be met.
Employment equity
15. Because this applicant is subject to the Employment Equity Act and files reports concerning employment equity with the Department of Human Resources and Skills Development, its employment equity practices are not examined by the Commission.
Secretary General
Related documents
- Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009
- A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007
- Rogers Sportsnet DTH-PPV – Licence renewal, Broadcasting Decision CRTC 2005-84, 28 February 2005
- Rogers Sportsnet PPV – Licence renewal, Broadcasting Decision CRTC 2005-83, 28 February 2005
- New regional pay-per-view service, Decision CRTC 2000-738, 14 December 2000
- Introductory statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new video-on-demand and pay-per-view services, Public Notice CRTC 2000-172, 14 December 2000
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2011-151
Terms, conditions of licence and expectations
Terms
Issuance of the broadcasting licence to operate a national, terrestrial pay-per-view programming undertaking to be known as Bell Sports-Specials PPV
The licence will expire 31 August 2017.
A licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and, in any event, no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 4 March 2013. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
Conditions of licence
1. The licensee shall provide a national, terrestrial pay-per-view (PPV) programming service consisting primarily of live and tape-delayed live sports and special events programming. The programming shall be drawn exclusively from the following program categories set out in Item 6 of Schedule I to the Pay Television Regulations, 1990, as amended from time to time:
6 (a) Professional sports
(b) Amateur sports
7 (c) Specials, mini-series and made-for-TV feature films
12 Interstitials
13 Public service announcements
15 Filler programming
2. The licensee shall adhere to the Pay Television Regulations, 1990, as amended from time to time, with the exception of sections 4(1), 4(2) and 4(3), which pertain to logs and records.
3. The licensee shall maintain for a period of one year and submit to the Commission, upon request, a detailed list of programs broadcast on each channel. The list must identify each program broadcast; its key features; its program category; if the program is an event; the language of the program; if it is Canadian or non-Canadian; if captioning and/or video description is available; if it is produced by the licensee; and the times and dates of broadcast.
4. The licensee shall, through its agreements with the licensees of terrestrial distribution undertakings, ensure that a minimum of 20% of the total number of hours of live sports events and special events that are made available in each broadcast year by the licensee of terrestrial distribution undertakings to their pay-per-view subscribers is Canadian.
5. The licensee shall contribute a minimum of 5% of its gross annual revenues derived from its pay-per-view broadcasting activities to one or more independently administered Canadian production fund or funds to support the development of Canadian programming, provided that these funds meet the criteria set out in Contributions to Canadian Programming by Broadcasting Distribution, Public Notice CRTC 1997-98, 22 July 1997, as amended from time to time. Contributions shall take the form of monthly instalments, to be remitted within 45 days of month’s end, and shall represent a minimum of 5% of that month’s gross revenues.
6. The licensee shall not enter into an affiliation agreement with the licensee of a broadcasting distribution undertaking unless the agreement incorporates a prohibition against the linkage of its service with any non-Canadian discretionary service.
7. The licensee shall caption 100% of the English- and French-language programming broadcast over the broadcast day, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.
8. The licensee shall adhere to the quality standards on closed captioning developed by the television industry’s working groups, as amended from time to time and approved by the Commission.
9. The licensee shall have a monitoring system in place to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning is included in its broadcast signal and this captioning reaches, in its original form, the distributor of that signal. “Original form” means, at a minimum, that the captioning provided by the licensee reaches the distributor unaltered, whether it is passed through in analog or in digital, including in high definition.
10. The licensee shall adhere to the Equitable Portrayal Code, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.
11. The licensee shall adhere to the Pay television and pay-per-view programming code regarding violence, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.
12. The licensee shall adhere to the Industry code of programming standards and practices governing pay, pay-per-view and video-on-demand services, as amended from time to time and approved by the Commission. However, the application of the foregoing condition of licence will be suspended if the licensee is a member in good standing of the Canadian Broadcast Standards Council.
Expectations
Program offering in both official languages
The Commission expects the licensee to make its program offering available to customers in both official languages. The Commission expects the licensee to adhere to its commitment to offer approximately 10% of its programming in the French language.
Programming packages
The Commission expects the licensee to limit to one week the total period during which the programming in programming packages may be viewed with the exception of packages of events programming such as seasonal sports or concert series.
Cultural diversity
The Commission expects the licensee to endeavour, through its programming and employment opportunities, to reflect the presence in Canada of ethnocultural minorities, Aboriginal peoples, and persons with disabilities. The Commission further expects the licensee to ensure that the on-screen portrayal of such groups is accurate, fair and non stereotypical.
Service to persons who are blind or whose vision is impaired
The Commission expects the licensee to ensure that its customer service responds to the needs of persons with a visual impairment, as set out in Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009.
The Commission expects the licensee to provide an audio description of all programming that provides textual or graphic information, including programming broadcast on the barker channel.
- Date modified: