ARCHIVED - Broadcasting Decision CRTC 2012-631

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Route reference: 2012-370

Ottawa, 16 November 2012

L S Movie Channel Limited
Across Canada

Application 2012-0426-3, received 2 April 2012
Public hearing in Montréal, Quebec
10 September 2012

LS Times 2 – Specialty Category B service

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

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

The application

1. L S Movie Channel Limited (LS) filed an application for a broadcasting licence to operate LS Times 2, a national, general interest third-language ethnic specialty Category B service that would focus on feature films from China and Taiwan with a mix of popular films from Hong Kong, Japan, South Korea and other Asian countries. The service would also include news programming, television series, game shows and general entertainment shows. The Commission did not receive any interventions in connection with this application.

2. LS is owned and controlled by Danny Lon Wei Wang.

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: 1, 2(a), 2(b), 3, 4, 6(a), 6(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:

• No more than 30% of all programming broadcast during each broadcast week shall be drawn from program category 1.
• No more than 50% of all programming broadcast during each broadcast week shall be drawn from program categories 7, 9, 10 and 11(a) combined.
• No less than 40% of all programming broadcast during each broadcast week shall consist of movies from Asia.
• No less than 70% of all programming broadcast during each broadcast week shall be in the Mandarin language.
• No more than 30% of all programming broadcast during each broadcast week shall be in the Cantonese, Japanese, Korean, Thai, Vietnamese and other East-Asian languages.
• No more than 10% of all programming broadcast during each broadcast week shall be in the English and/or French languages.

5. The applicant requested that it be authorized to devote up to six minutes of the twelve minutes of advertising material permitted during each clock hour to the broadcast of local¹ and regional advertising.

Commission’s analysis and decisions

6. In Broadcasting Public Notice 2005-104, the commission implemented a revised, open-entry approach for considering applications proposing new third-language category 2 (category b) specialty services. under this approach, the commission no longer assesses the potential competitiveness of new, third-language ethnic specialty and pay category b services with existing analog third-language ethnic specialty services. instead, such applications are generally approved subject, in appropriate cases, to both a buy-through requirement² and the criteria specified in Broadcasting Public Notice 2005-104. This means that broadcasting distribution undertakings choosing to distribute a new third-language Category B service may only offer such a service to those who also subscribe to an existing ethnic Category A service operating in the same language.

7. 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 Mandarin, Cantonese, Japanese, Korean, Thai, Vietnamese and other East-Asian languages, the Commission is satisfied that the service falls under the definition of a third-language service set out in the Broadcasting Distribution Regulations.

8. Accordingly, the Commission approves the application by L S Movie Channel Limited for a broadcasting licence to operate the national, general interest third-language ethnic specialty Category B service LS Times 2. The Commission also approves the applicant’s request for authority to broadcast up to six minutes per hour of local advertising. The terms and conditions of licence are set out in the appendix to this decision.

9. The Commission notes that distributors wishing to offer LS Times 2 may only do so to subscribers who also subscribe to Talentvision. Given that the licensee is not authorized to broadcast more than 30% of its programming in Cantonese, no similar buy-through requirement applies in respect of Fairchild Television. The Commission further notes that LS Times 2 will devote at least 90% of its program schedule to programming in the Mandarin, Cantonese, Japanese, Korean, Thai, Vietnamese and other East-Asian languages. 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

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
• Revised approach for the consideration of broadcasting licence applications proposing new third-language ethnic Category 2 pay and specialty services, Broadcasting Public Notice CRTC 2005-104, 23 November 2005
• 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.

Footnotes

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