ARCHIVED - Broadcasting Decision CRTC 2011-287

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Route reference: 2009-36

Ottawa, 3 May 2011

William Sawchyn, on behalf of a corporation to be incorporated
Across Canada

Application 2008-1306-5, received 29 September 2008
Public Hearing in the National Capital Region
30 March 2009

The Country Channel – Category 2 specialty service

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

The application

1.      William Sawchyn, on behalf of a corporation to be incorporated (William Sawchyn OBCI), filed an application for a broadcasting licence to provide The Country Channel, a national, English-language Category 2 specialty service. The Country Channel would offer programming aligned to the interests and needs of rural Canadians, where rural Canadians are defined as individuals who live outside of large urban centers, in communities, and who predominantly make their living from the land and sea and/or through businesses that are directly associated with those that do.

2.      The voting shares of William Sawchyn OBCI are to be equally held by Mr. William Sawchyn and Mr. John Phillips. Mr. Sawchyn will exercise effective control of William Sawchyn OBCI by virtue of his casting vote as Chairman of the board of directors.

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, 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 11, 13 and 14.

4.      The applicant proposed that no more than 10% of all programming broadcast during each broadcast week would be devoted to programming drawn from program category 7(d) and that no more than 10% of all programming broadcast during each broadcast year would be devoted to programming drawn from program categories 6(a) and 6(b) combined.

5.      The Commission received several interventions in support of this application, an intervention offering general comments, as well as an intervention in opposition. The Commission considers that the intervention in opposition does not address issues of substance that would impact the consideration of this application. The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

Commission’s determination

6.      The Commission is satisfied that the application complies with the licensing framework set out in Public Notice 2000-6 and with all applicable terms and conditions announced in Public Notice 2000-171-1, as well as with the approaches relating to the distribution of digital television signals and the licensing and distribution of high definition pay and specialty services set out in Broadcasting Public Notices 2003-61 and 2006-74, respectively. Accordingly, the Commission approves the application by William Sawchyn, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national, English-language Category 2 specialty programming undertaking The Country Channel. The terms and conditions of licence are set out in the appendix to this decision.

Accessibility issues

7.      The Commission notes that the present application was received on 29 September 2008, after the issuance of Broadcasting Public Notice 2007-54 (the Closed-Captioning Policy) but before the issuance of Broadcasting and Telecom Regulatory Policy 2009-430 (the Accessibility Policy). Therefore, the Commission imposes the conditions of licence provided in the Closed-Captioning Policy but not those provided in the Accessibility Policy. However, the Commission expects the licensee to abide by the remaining conditions, expectations and encouragements respecting Category 2 services, described in the appendix to Regulatory Policy 2010-355.

Secretary General

Related documents

• Implementation of the Accessibility Policy with respect to new Category 2 pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-355, 8 June 2010

• 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

• 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

• 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.