ARCHIVED - Broadcasting Notice of Consultation CRTC 2012-560-1

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Additional reference: 2012-560, 2012-560-2 and 2012-560-3

Ottawa, 20 November 2012

Notice of hearing

11 December 2012
Gatineau, Quebec

Revised hearing time and withdrawal of item 2

Further to Broadcasting Notice of Consultation 2012-560, the Commission announces the following (the change is in bold):

The Commission will hold a hearing commencing on 11 December 2012 at noon, at the Conference Centre, Phase IV, 140 Promenade du Portage, Gatineau, Quebec.

In addition, the following item is withdrawn from the hearing:

Item 2

Across Canada
Reference 2012-1235-7

1. In Broadcasting Notice of Consultation 2012-560, the Commission indicated that it appeared that the licensee remained out of compliance with its nature of service definition. Moreover, the Commission indicated that the actions taken by the licensee pursuant to Broadcasting Decision 2011-447 and later correspondence were not consistent with the Commission’s directions in this matter. As a result, the Commission determined that G4techTV remained out of compliance with its condition of licence regarding its nature of service definition and with the Commission’s policy on program genre exclusivity, set out in Broadcasting Public Notice 2008-100.

2. On 2 November 2012, Rogers Broadcasting Limited (RBL) filed a letter with the Commission in which it stated that it takes G4techTV’s non-compliance very seriously. In that letter, RBL further stated the following: “we have taken immediate steps to implement programming changes by November 5th, 2012 that, in our view, will bring [G4techTV’s] into full compliance with its nature of service and all other regulatory requirements and policies. Should the Commission deem the compliance measures RBL has taken to be satisfactory, we respectfully request the suspension of our appearance at the December 11th, 2012 show cause hearing.” RBL also committed to file monthly program schedules with the Commission to confirm its ongoing compliance with its nature of service definition.

3. In light of the above, it appears to the Commission that RBL has taken the necessary steps to resolve the issues related to G4TechTV’s non-compliance with its condition of licence regarding its nature of service definition. The Commission therefore suspends G4TechTV’s appearance at the 11 December 2012 hearing.

4. To ensure that G4TechTV’s programming remains consistent with its nature of service definition, RBL must submit G4TechTV’s program schedule to the Commission each month beginning 5 November 2012 and ending 5 November 2013. The Commission will review G4TechTV’s monthly programming schedules for this period, after which time it will determine whether any further action is required.

5. The Commission cautions that if at any time during this period it appears that the programming of G4TechTV is not consistent with its nature of service definition, the Commission may take further action, including reconvening the mandatory order hearing announced in Broadcasting Notice of Consultation 2012-560. In addition, the Commission notes that G4TechTV’s non-compliance may be raised as part of its next licence renewal proceeding.

Secretary General

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