ARCHIVED - Broadcasting Decision CRTC 2012-482

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Route reference: 2012-126

Ottawa, 7 September 2012

Asian Television Network International Limited
Across Canada

Application 2011-1532-9, received 23 November 2011
Public hearing in Toronto, Ontario
7 May 2012

ATN South Asian Cooking Channel 1 – Specialty Category B service

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

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

The application

1.    Asian Television Network International Limited (ATN) filed an application for a broadcasting licence to operate ATN South Asian Cooking Channel 1, a national, niche third-language ethnic specialty Category B service that would offer programming devoted to South-Asian cooking shows from the Asian sub-continent aimed at the South-Asian community. The Commission received interventions in support of this application as well as an intervention offering general comments on this application. The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

2.    ATN is controlled by Mr. Shan Chandrasekar.

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: 5(b) and 13.

4.    ATN proposed to broadcast no less than 90% of its programming in the Hindi language. Further, ATN requested that, of the 12 minutes of advertising material permitted during each clock hour, it be authorized to broadcast up to 6 minutes of local advertising.1

Commission’s analysis and decisions

5.    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. Furthermore, given that the service will offer no less than 90% of its programming during the broadcast week in the Hindi language, the Commission is satisfied that the service falls under the definition of a third-language service set out in the Broadcasting Distribution Regulations.

6.    Accordingly, the Commission approves the application by Asian Television Network International Limited for a broadcasting licence to operate the national, niche third-language ethnic specialty Category B service ATN South Asian Cooking Channel 1. The Commission also approves the applicant’s request for authority to broadcast up to six minutes per clock hour of local advertising. The terms and conditions of licence are set out in the appendix to this decision.

7.    The Commission notes that ATN South Asian Cooking Channel 1 will devote at least 90% of its program schedule to programming in the Hindi language. A condition of licence to that effect is set out in the appendix to this decision. In accordance with Broadcasting Public Notice 2005-104, the remainder of the program schedule (up to 10%) may be in one or both official languages. The Commission encourages the applicant to ensure that all such programming serves to promote Canada’s linguistic duality.

Reminder

8.    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

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2012-482

Terms, conditions of licence, expectations and encouragements for the specialty Category B service ATN South Asian Cooking Channel 1

Terms

A licence will be issued once the applicant has satisfied the Commission with supporting documentation that the following requirements have been met:

The licence will expire 31 August 2019.

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, except for condition 7d), which will not apply, and condition 7a), which is replaced by the following:

Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve (12) minutes of advertising material during each clock hour, no more than six (6) minutes of which may consist of local advertising.

For the purposes of this condition of licence, “local advertising” is advertising that does not fall within the definitions of national and regional advertising, i.e., advertising to persons who provide goods or services in more than one market and/or province.

2.    In regard to the nature of service:

a)    The licensee shall provide a national, niche third-language ethnic specialty Category B service that will offer programming devoted to South-Asian cooking shows from the Asian sub-continent aimed at the South-Asian community.

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:

5   (b) Informal education/Recreation and leisure
13 Public service announcements

3.    The licensee shall broadcast no less than 90% of all programming during the broadcast week in the Hindi language.

4.    The service approved hereby is designated as a Category B service.

For the purposes of the conditions of this licence, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m. 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.

The Commission encourages the licensee to ensure that the portion of the service’s program schedule that is broadcast in the English and/or French languages serves to promote Canada’s linguistic duality.

Footnote

[1]“Local advertising” is advertising that does not fall within the definition of national or regional advertising, i.e., advertising to persons who provide goods or services in more than one market and/or province.

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