ARCHIVED - Broadcasting Decision CRTC 2012-377
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Route reference: 2012-212
Ottawa, 11 July 2012
3924181 Canada Inc.
Across Canada
Application 2012-0197-0, received 22 February 2012
Public hearing in the National Capital Region
7 June 2012
ABC Spark – Acquisition of assets
1. The Commission approves the application by 3924181 Canada Inc. (3924181 Canada) for authority to acquire from 8135274 Canada Inc. (8135274 Canada), as part of a corporate reorganization, the assets of the national, English-language specialty Category B service known as ABC Spark (formerly known as Harmony), and for a new broadcasting licence to continue the operation of the undertaking under the same terms and conditions as those in effect under the current licence. The Commission did not receive any interventions in connection with this application.
2. 3924181 Canada is owned by Corus Entertainment Inc. (Corus) (51%) and Shaw Media Inc. (49%), and is controlled by Corus. 8135274 Canada is wholly-owned and controlled by Corus.
3. As a result of the transaction, 3924181 Canada will become the licensee of ABC Spark, and effective control of the undertaking will continue to be exercised by Corus.
4. Upon surrender of the broadcasting licence currently issued to 8135274 Canada Inc., the Commission will issue a new licence to 3924181 Canada Inc. under the terms and conditions of licence set out in the appendix to this decision.
Secretary General
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2012-377
Term, conditions of licence, expectations and encouragements for the national, English-language specialty Category B service ABC Spark
Term
The licence will expire 31 August 2018.
Conditions of licence
1. The licensee shall adhere to the conditions set out in Appendix 1 to 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, as amended from time to time.
2. (a) The licensee shall provide a national, English-language specialty Category B service devoted to romance, love and relationships. The programming will include series based on relationships, feature films, mini-series, made-for-television movies and occasional magazine-style shows focusing on this genre and its stars.
(b) 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:
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
7 (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
(g) Other drama
10 Game shows
11 (a) General entertainment and human interest
(b) Reality television
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos
(c) The licensee shall devote not more than 10% of all programming broadcast during the broadcast year to programming drawn from program category 10.
3. The service approved hereby is designated as a Category B service.
For the purposes of the conditions of this licence, “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 no 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.
Expectations
The standard expectations applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.
Encouragements
The standard encouragements applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.
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