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Route reference: Part 1 application posted on 11 October 2011

Ottawa, 13 March 2012

Bell Media Inc.
Toronto, Ontario

Application 2011-1356-3

MuchMusic – Licence amendment

The Commission approves the application by Bell Media Inc. to amend the broadcasting licence for the specialty Category A service MuchMusic in order to remove the 5% limitation per broadcast week on programming that the service may draw from program category 2(b) Long-form documentary.

The application

1.      The Commission received an application by Bell Media Inc. (Bell Media) to amend the broadcasting licence for the specialty Category A service MuchMusic in order to amend the service’s condition of licence 2(i), which is set out in Broadcasting Decision 2011-444 and reads as follows:

(i) Notwithstanding condition of licence 2(a), the licensee shall devote no more than 5% of the broadcast week to programming from categories 2(a) Analysis and interpretation and 2(b) Long-form documentary combined, except as individually authorized in writing by the Commission for extended coverage of special events.

2.      Specifically, the licensee requested that this condition of licence be amended in order to remove the 5% limitation per broadcast week on programming that the service may draw from program category 2(b).

3.      The licensee noted that this 5% limitation is in contradiction with the 10% limitation per broadcast month on programming that may be drawn from this same program category, which is set out in condition of licence 2(c) of Broadcasting Decision 2011-444 and reads as follows:

(c) The licensee shall devote no more than 10% of the programming broadcast over the broadcast month to programming drawn from each of program categories 2(b) Long-form documentary and 6(a) Professional sports, as well as categories 7(b) Ongoing comedy series (sitcoms), 7(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy and 7(g) Other drama combined.

4.      It further noted that this 5% limitation is inconsistent with the 10% limitation for various program categories set out in Broadcasting Public Notice 2008-100.

5.      The Commission received interventions in support of this application.

Commission’s analysis and decisions

6.      After examining the application in light of applicable regulations and policies, the Commission considers that the issue it must address is whether Bell Media’s request is appropriate and would be consistent with the other elements of MuchMusic’s nature of service, which is set out in condition of licence 2 of Broadcasting Decision 2011-444.

7.      In the Commission’s view, a 10% limitation per broadcast month on the amount of programming that MuchMusic may draw from program category 2(b) would not allow the service to move into a genre that it is not licensed to serve, and would therefore not make this service competitive with any other Category A service. Further, the proposed licence amendment would correct the above-noted inconsistency.

8.      In addition, the Commission notes that the proposed licence amendment would allow MuchMusic to broadcast a small amount of additional long-form documentary programming. In the Commission’s view, this would be consistent with its determinations set out in Broadcasting Regulatory Policy 2010-167 that such documentary programs are important vehicles for communicating Canadian stories and values, and that such programs would fall under its designation of “programs of national interest.”1

Conclusion

9.      In light of the above, the Commission approves the application by Bell Media Inc. to amend the broadcasting licence for the specialty Category A service MuchMusic in order to remove the 5% limitation per broadcast week on programming that the service may draw from program category 2(b) Long-form documentary. Condition of licence 2(i) shall therefore now read as follows:

(i) Notwithstanding condition of licence 2(a), the licensee shall devote no more than 5% of the broadcast week to programming drawn from program category 2(a) Analysis and interpretation, except as individually authorized in writing by the Commission for extended coverage of special events.

Secretary General

Related documents

*This decision is to be appended to the licence.

Footnote

[1] See the appendix to Broadcasting Regulatory Policy 2010-808 for a full listing of programs that fall under this designation.

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