ARCHIVED - Broadcasting Decision CRTC 2012-229

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Route reference: 2011-675

Additional reference: 2011-675-3

Ottawa, 20 April 2012

Jean-Yves Roux, on behalf of a corporation to be incorporated
Across Canada

Application 2011-1072-5, received 12 July 2011
Public hearing in Miramichi, New Brunswick
16 January 2012

CNV – CANAL NOUVELLE VISION – Specialty Category B service

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

The Commission denies the applicant’s request relating to the broadcast of local advertising.

The application

1.      Jean-Yves Roux, on behalf of a corporation to be incorporated (Jean-Yves Roux (OBCI)), filed an application for a broadcasting licence to operate CNV – CANAL NOUVELLE VISION (CNV), a national, French-language specialty Category B service that would be devoted mainly to the lifestyles, cultures and concerns of different Christian communities, as well as to intercultural relations within our society, through the broadcast of entertainment, information, discussion and spiritual teaching programs. The Commission did not receive any interventions in connection with this application.

2.      Jean-Yves Roux (OBCI) will be controlled by Jean-Yves Roux, pursuant to the terms of the Unanimous Shareholders’ Agreement.

3.      The applicant proposed to draw programming 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: 2(a), 2(b), 3, 4, 5(a), 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11(a), 11(b), 12, 13 and 14.

4.      To ensure that the proposed service would not be directly competitive with existing Category A services, the applicant indicated that it would accept the following conditions of licence:

• The licensee shall devote no more than 10% of all programming broadcast each broadcast month to programming drawn from program category 7(d).
• The licensee shall devote no more than 50% of all programming broadcast each broadcast month to programming drawn from program categories 8(b) and 8(c) combined. All programs drawn from these categories must be devoted exclusively to Christian music video clips.

5.      Jean-Yves Roux (OBCI) requested that it be authorized to devote up to 6 of the 12 minutes of advertising material permitted during each clock hour to the broadcast of local advertising.¹

Commission’s analysis and decision

6.      The Commission notes that the limitations proposed by the applicant are consistent with those set out in Broadcasting Public Notice 2008-100, with the exception of the limits regarding programming drawn from categories 2(b), 7(e) and 8(b) and 8(c) combined. The Commission also notes that the applicant has not set out any limitations for the broadcast of programming drawn from categories 2(b) and 7(e) and that up to 50% of all programming broadcast each broadcast month will be drawn from categories 8(b) and 8(c) combined. However, in Broadcasting Public Notice 2008-100, the Commission established a standard limitation of 10% of the broadcast month for the broadcast of programming drawn from categories 2(b) and 7(e), as well as 8(b) and 8(c) combined. Given that the applicant has not provided sufficient evidence to support its application for an exception to the 10% limit established for the broadcast of programming drawn from categories 2(b) and 7(e), the Commission imposes a condition of licence limiting the programming drawn from categories 2(b) and 7(e) based on the limitations set out in Broadcasting Public Notice 2008-100.

7.      With regard to the broadcast of programming drawn from categories 8(b) and 8(c) combined, the Commission notes that the applicant justified its application for an exception by explaining that the music broadcast would be exclusively Christian, which it defined as follows: “Music, from all genres (categorized as religious), emphasizing Christian ideology, biblical principles and the messages conveyed in the Gospels.” As a result, the applicant was of the view that the service would not be competitive with other Canadian music networks. The Commission considers that the above-mentioned definition will be sufficient to ensure that CNV will not be directly competitive with existing Category A services, given the restrictive nature of the type of music that the service will be allowed to broadcast. The Commission notes that the limitation proposed by the applicant for its programming drawn from categories 8(b) and 8(c) combined is high and that the applicant stated its willingness to accept a condition of licence imposing a minimum percentage for the broadcast of French-language video clips. Accordingly, the service will be required to comply with the standard conditions of licence set out for music video services in Broadcasting Regulatory Policy 2010-786-1, as well as the following condition of licence:

The licensee shall devote to French-language video clips a percentage of the total number of video clips broadcast in each broadcast month according to the following schedule: a minimum of 15% in the first year of operation, a minimum of 20% in the second year of operation and a minimum of 25% in the third and subsequent years of operation.

8.      The Commission is satisfied that the application complies with all applicable policies, terms and conditions, including those set out in Public Notice 2000-6, Broadcasting Public Notice 2008-100 and Broadcasting Regulatory Policies 2010-786 and 2010-786-1. Accordingly, the Commission approves the application by Jean-Yves Roux, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national French-language specialty Category B service CNV – CANAL NOUVELLE VISION. The terms and conditions of licence are set out in the appendix to this decision.

9.      Furthermore, the Commission notes that Jean-Yves Roux, on behalf of a corporation to be incorporated, will not broadcast local or regional programming, that the proposed service is not an ethnic or third-language service and as such does not qualify to offer local advertising. Accordingly, the Commission denies the applicant’s request for authorization to broadcast up to six minutes per hour of local advertising.

Reminder

10.  The Commission reminds the applicant that distribution of this service is subject to the requirements set out in the Broadcasting Distribution Regulations.

Secretary General

Related documents

• Standard conditions of licence, expectations and encouragements for Category B pay and specialty services – Corrected Appendices 1 and 2, Broadcasting Regulatory Policy CRTC 2010-786-1, 18 July 2011
• Standard conditions of licence, expectations and encouragements for Category B pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-786, 25 October 2010
• Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008
• 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.

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