ARCHIVED - Broadcasting Decision CRTC 2013-131
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Route reference: 2012-560
Ottawa, 18 March 2013
2329785 Ontario Inc.
Across Canada
Application 2012-0901-5, received 23 July 2012
Public hearing in the National Capital Region
11 December 2012
Varietas Media Group – Tamil – Specialty Category B service
The Commission approves an application for a broadcasting licence to operate a specialty Category B service.
The Commission also approves the applicant’s request relating to the broadcast of local and regional advertising.
The application
1. 2329785 Ontario Inc. (2329785 Ontario) filed an application for a broadcasting licence to operate Varietas Media Group – Tamil, a national, ethnic specialty Category B service operating in the English and Tamil languages that would offer programming devoted to Tamil-Canadians belonging to the children, youth, young adult and middle-age demographics (up to the age of 65). The Commission did not receive any interventions in connection with this application.
2. 2329785 Ontario is controlled by its sole owner and director Pras Kayilasanathan.
3. The applicant proposed to draw programming 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, 2(a), 2(b), 3, 4, 5(a), 5(b), 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:
- The licensee shall devote no more than 10% of all programming broadcast each broadcast month to programs drawn from each of program categories 2(b), 6(a), 7, 7(d) and 7(e).
- The licensee shall devote no more than 10% of all programming broadcast each broadcast month to programs drawn from program categories 8(b) and 8(c) combined.
5. The applicant proposed to broadcast 55 to 60% of its programming in the English language and 40 to 45% of its programming in Tamil language. The applicant further requested that it be authorized to devote up to 6 of the 12 minutes of advertising material permitted during each clock hour to local and regional advertising.[1]
Commission’s decision
6. 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. Accordingly, the Commission approves the application by 2329785 Ontario Inc. for a broadcasting licence to operate the national, ethnic specialty Category B service operating in the English and Tamil languages, Varietas Media Group – Tamil. The Commission also approves the applicant’s request for authority to broadcast up to six minutes per hour of local and regional advertising. The terms and conditions of licence are set out in the appendix to this decision.
Reminder
7. 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
- 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.
Appendix to Broadcasting Decision CRTC 2013-131
Terms, conditions of licence, expectations and encouragements for the specialty Category B service Varietas Media Group – Tamil
Terms
A licence will be issued once the applicant has satisfied the Commission with supporting documentation that the following requirements have been met:
- the applicant has entered into a distribution agreement with at least one licensed distributor; and
- the applicant has informed the Commission in writing that it is prepared to commence operations and has provided the Commission with a launch date for the service. The undertaking must be operational at the earliest possible date and in any event no later than 48 months from the date of this decision.
The licence will expire 31 August 2019.
Conditions of licence
1. The licensee shall adhere to the conditions set out in Appendix 1 to 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, except for condition 7d), which will not apply, and condition 7a), which is replaced by the following:
Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve (12) minutes of advertising material during each clock hour, no more than six (6) minutes of which may consist of local and 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, i.e., advertising to persons who provide goods or services in more than one market and/or province.
2. In regard to the nature of service:
(a) The licensee shall provide a national, ethnic specialty Category B service operating in the English and Tamil languages that will offer programming devoted to Tamil-Canadians belonging to the children, youth, young adult and middle-age demographics (up to the age of 65).
(b) 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 (a) Formal education and pre-school
(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
(c) The licensee shall devote no more than 10% of all programming broadcast each broadcast month to programs drawn from each of program categories 2(b), 6(a), 7, 7(d) and 7(e).
(d) The licensee shall devote no more than 10% of all programming broadcast each broadcast month to programs drawn from program categories 8(b) and 8(c) combined.
3. The service approved hereby is designated as a Category B service.
For the purposes of the conditions of this licence, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m. or any other period approved by the Commission.
Expectations
The standard expectations applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.
Encouragements
The standard encouragements applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.
[1] “Local advertising” is advertising that does not fall within the definition of national or regional advertising, i.e., advertising to persons who provide goods or services in more than one market and/or province.
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