ARCHIVED - Letter
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Ottawa, 29 October 2012
BY PRIORITY POST
Date: 29 October 2012
To: Sylvie Courtemanche
Company: OWN Inc.
Address: 25 Dockside Drive
From: Lynda Roy, Public Hearing Officer, 819-953-4009
Re: CRTC 2012-560 - Public Hearing commencing on 11 December 2012 – Non-compliance of OWN Inc.– Mandatory Order Hearing - Reference Number: 2012-1233-1
Please be advised that the enclosed materials have been added to the Commission Record of the above-referenced proceeding. Further, you are hereby notified that the Commission will be reviewing the “schedule” and “shows” sections of OWN Inc.’s website from today’s date until the date of the hearing on 11 December 2012. This information will be added to the Commission Record and may be considered in the context of the above-referenced proceeding.
As well, please note that on OWN Inc’s website, it appears that the programming schedules for the weeks of November 25-December 1 and December 2-8 appear to be incomplete. This information will be added to the Commission Record as it becomes available.
Further Information Required from OWN Inc.
Moreover, please provide the Commission with the programming schedule (and accompanying program descriptions) for the first week of October for every year, beginning in 2008 to the present. This information will be added to the record of the above-referenced proceeding.
Further, please submit the logger tapes for the programming broadcast from 22 October 2012 to 28 October 2012. These tapes will be added to the record of the above-referenced proceeding.
It has come to the Commission’s attention that a large portion of OWN Inc.’s programming appears to have been logged incorrectly (see Program Log Error Listing at tab 71 of the enclosed materials and attached to this email separately, for your convenience). It appears that much of OWN Inc.’s programming originating in Canada that has been logged as program category 5(a) – Formal Education and pre-school, has actually been otherwise certified by Canadian Program Certification. Due to the large number of errors in the program logs, it is impossible for the Commission to assess whether or not OWN Inc. is in compliance with the following condition of licence:
(c) No less than 55% of the programs during the broadcast day shall be drawn from category 5(a) and shall have clear learning objectives.
Moreover, section 7(2) of the Speciality Services Regulations, 1990 states that:
Except as otherwise provided under a condition of its licence, a licensee shall furnish to the Commission, within 30 days after the end of each month, a program log or machine-readable record of its programming for the month, with a certificate by or on behalf of the licensee attesting to the accuracy of the contents of the log or record.
Please refer to the attached attestation from Corus for the month of August 2012 (see tab 72 of the enclosed materials and attached to this email separately, for your convenience), in which it is stated that, “the data contained on this log is an accurate and complete representation of the programming aired by the network during the month being reported upon”
Due to the large number of logging errors, it appears that OWN Inc. may be out of compliance with section 7(2) of the Specialty Service Regulations, 1990 and possibly with the above-noted condition of licence.
Please also refer to the attached chart, which can be found in Appendix 1 to this letter, which indicates the program titles that OWN Inc. has labelled as category 5(a), as well as the corresponding program category for those programs that has been assigned by Canadian Program Certification.
Please explain and comment on the discrepancies between the program category that Corus has assigned to the programs listed in Appendix 3and the program categories assigned to these same programs by Canadian Program Certification. Please provide your response by no later than 5 November 2012. This information will be added to the Commission Record and may be considered in the context of the above-referenced proceeding.
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