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Ottawa, 10 July 2012
Mr. Shan Chandrasekar
President and CEO, Asian Television Network International Limited
130 Pony Drive
Newmarket, ON
L3Y 7B6
Re: Complaint from FDR Media Group regarding the alleged insertion of Canadian advertising on Sony Entertainment Television Asia
Dear Mr. Chandrasekar:
On 10 January 2012 the Commission received a complaint from FDR Media Group (FDR Media) regarding alleged insertion of Canadian advertising on Sony Entertainment Television Asia (SET Asia), a non-Canadian service authorized for distribution in Canada. In its complaint, FDR Media also contended that Asian Television Network International Limited (ATN), the Canadian sponsor of SET Asia, had been involved in the alleged insertion. FDR Media requested, among other things, that SET Asia immediately be removed from the Commission’s list of non-Canadian programming services authorized for distribution.
The Commission provided ATN, as sponsor, with an opportunity to respond to FDR Media’s complaint. In its response dated 1 March 2012, ATN indicated that the Canadian commercials being aired on SET Asia were part of a feed transmitted from SET Asia’s overseas uplink. ATN also stated that it regretted any involvement and that its involvement would cease.
Based on the evidence provided by FDR Media, the Commission considers that SET Asia has been selling and inserting Canadian advertising in its programming service, a practice that is not contemplated by the authorization to be distributed in Canada. The Commission hereby requires that this practice cease immediately.
Any further insertion of Canadian advertising into the SET Asia service may lead the Commission to initiate a public proceeding to consider removing the service from the List of non-Canadian services authorized for distribution in Canada.
Additionally, based on the record, it appears that ATN was, at the very least, aware of the insertion of Canadian advertising. The Commission notes that, as SET Asia’s Canadian sponsor and business partner, ATN should have been aware that such a practice is not contemplated by the authorization to be distributed in Canada.
The Commission directs ATN, as sponsor, to file, by no later than 16 July 2012, confirmation from SET Asia that the sale and insertion of Canadian advertising in the programming service has ceased.

Sincerely,

Original signed by
John Traversy
Secretary General

c.c. David Martin, President & C.O.O., FDR Media Group
Prakash Naidoo, Vice President and General Manager, Asian Television Network Limited
Barry Chapman, Vice President – Regulatory Affairs, Bell Canada
Pamela Dinsmore, Vice President, Regulatory, Rogers Communications Inc.
Michael Ferras, Vice President, Regulatory Affairs, Shaw Communications Inc.
Ann Mainville-Neeson, Director of Broadcast Regulation, TELUS Communications Inc.

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