ARCHIVED - Broadcasting Decision CRTC 2012-553

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Route reference: Part 1 applications posted on 5 July 2012

Ottawa, 11 October 2012

Telelatino Network Inc.
Toronto, Ontario

Applications 2012-0792-8 and 2012-0793-6

Mediaset Italia and TLN en Español – Licence amendments

1. The Commission approves the applications by Telelatino Network Inc. to amend the broadcasting licences for Mediaset Italia (formerly known as Italian Entertainment TV) and TLN en Español (formerly known as Spanish Entertainment TV), previously categorized as national, ethnic specialty Category 2 services, by modifying their conditions of licence 2 to indicate that they are third-language services. The Commission did not receive any interventions in connection with these applications.  

2. The Commission notes that since the licensee broadcasts all of its programming for each service in the Italian and Spanish languages, respectively, it is subject to the linkage and packaging provisions set out in sections 27(2) and 27(3) of the Broadcasting Distribution Regulations applicable to undertakings that broadcast at least 90% of their programming in a third language.

3. Mediaset Italia and TLN en Español are hereby designated as national, third-language Category 2 specialty services. The conditions of licence for each service are set out in the appendices to this decision.

Secretary General

*This decision is to be appended to each licence.

Appendix 1 to Broadcasting Decision CRTC 2012-553

Conditions of licence for the national, third-language specialty Category 2 service Mediaset Italia

1. The licence will be subject to the conditions set out in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001, except for condition 4d) which will not apply, and condition 4a) which is replaced by the following:

Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve minutes of advertising material during each clock hour, no more than six minutes of which may consist of local or regional 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, that is, advertising on behalf of persons who provide goods or services in more than one market and/or province.

2. The licensee shall provide a national, third-language Category 2 specialty programming service devoted to the Italian-speaking community.

3. 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:

1   News
2   (a) Analysis and interpretation
     (b) Long-form documentary
3   Reporting and actualities
4   Religion
5   (b) Informal education/Recreation and leisure
6   (a) Professional sports
     (b) Amateur sports
7   Drama and comedy
     (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
     (e) Animated television programs and films
     (f)  Programs of comedy sketches, improvisation, unscripted works, stand-up comedy
     (g) Other drama
8   (a) Music and dance other than music video programs or clips
     (b) Music video clips
     (c) Music video programs
9   Variety
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

4. The licensee shall devote no less than 90% of all programming broadcast during the broadcast week to programming in the Italian language.

5. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time. 

For the purposes of the conditions of this licence, including condition of licence 1, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m., or any other period approved by the Commission.

Appendix 2 to Broadcasting Decision CRTC 2012-553

Conditions of licence for the national, third-language specialty Category 2 service TLN en Español

1. The license will be subject to the conditions set out in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001, except for condition 4d) which will not apply, and condition 4a) which is replaced by the following:

Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve minutes of advertising material during each clock hour, no more than six minutes of which may consist of local or regional 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, that is, advertising on behalf of persons who provide goods or services in more than one market and/or province.

2. The licensee shall provide a national, third-language Category 2 specialty programming service devoted to the Spanish-speaking community with a particular emphasis on programming of interest to female and youth audiences.  

3. 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:

1   News
2   (a) Analysis and interpretation
     (b) Long-form documentary
3   Reporting and actualities
4   Religion
5   (b) Informal education/Recreation and leisure
6   (a) Professional sports
     (b) Amateur sports
7   Drama and comedy
     (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
     (e) Animated television programs and films
     (f)  Programs of comedy sketches, improvisation, unscripted works, stand-up comedy
     (g) Other drama
8   (a) Music and dance other than music video programs or clips
     (b) Music video clips
     (c) Music video programs
9   Variety
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

4. The licensee shall devote no less than 90% of all programming broadcast during the broadcast week to programming in the Spanish language.

5. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time.

6. The licensee is authorized to make available for distribution a version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition versions of the service are the same, exclusive of commercial messages and of any part of the service carried on a subsidiary signal. Further, all of the programming making up the 5% allowance shall be provided in HD.  

For the purposes of the conditions of this licence, including condition of licence 1, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m., or any other period approved by the Commission.

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