ARCHIVED - Broadcasting Decision CRTC 2013-53

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Route reference: 2012-475 and 2013-53-1

Ottawa, 12 February 2013

Ethnic Channels Group Limited
Across Canada

Application 2012-0737-4, received 12 June 2012
Public hearing in the National Capital Region
7 November 2012

Hindi Women’s TV – 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 and regional advertising.

The application

1. Ethnic Channels Group Limited (ECGL) filed an application for a broadcasting licence to operate Hindi Women’s TV, a national niche third-language ethnic specialty Category B service that would offer information and entertainment programming of particular interest to women and targeting women in the Hindi-speaking community.

2. ECGL is controlled by Slava Levin.

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: 2(a), 2(b), 3, 4, 5(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. ECGL proposed to broadcast at least 90% of its programming in the Hindi language. ECGL 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]

5. The Commission received an intervention in opposition to the application by Asian Television Network International Limited (ATN), to which the applicant replied. The public record for this application can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

Commission’s analysis and decisions

6. After examining the public record for this application in light of applicable regulations and policies, the Commission considers that the issue it must address is whether Hindi Women’s TV will be a general interest service (offering programming from a broad spectrum of program genres and categories) or a niche service (focused on a specific programming genre or a particular target group).

7. In Broadcasting Public Notice 2005-104, the Commission adopted an open-entry approach to applications proposing new third-language ethnic Category 2 (now Category B) pay and specialty services. Under this approach, only applications for general interest services operating predominantly in the principal languages of the existing ethnic specialty Category A services – namely Cantonese, Greek, Hindi, Italian, Mandarin or Spanish – will be considered directly competitive with such services. Third-language ethnic Category B services operating predominantly in languages other than the principal languages of ethnic specialty Category A services will generally be approved. Similarly, third-language niche services, whether or not they operate in any of those six languages, will also generally be approved.

8. ATN submitted that the application should be denied on the grounds that the proposed service was incorrectly categorized as a niche service. ATN further noted that the proposed service would offer programming from the same categories as its Category A specialty service SATV, except that it would not offer news or sports. It added that Hindi Women’s TV could easily mirror SATV by targeting a broad, family-oriented demographic.

9. ECGL replied that the proposed nature of service was modelled after the nature of service definition of the W Network, a service recognized as providing a specific genre of programming intended for women. ECGL also submitted that the programming categories from which it intended to draw programming were almost identical to those for the service targeted to Hindi women approved in Broadcasting Decision 2010-270. Finally, ECGL stated that it would accept the imposition of a condition of licence limiting the broadcast of programming drawn from each of program categories 7(b) and 7(g) combined and 8(b) and 8(c) combined to 10% of the broadcast week, if deemed appropriate by the Commission.

10. The Commission is of the view that ECGL has demonstrated that its service is a niche and not a general interest service that would compete directly with the Category A service SATV. However, in order to ensure that Hindi Women’s TV remains a niche service, the Commission considers it appropriate to impose the limitations on programming drawn from each of categories 7(b) and 7(g) combined and 8(b) and 8(c) combined as proposed by ECGL. A condition of licence to this effect is set out in the appendix to this decision.

Conclusion

11. 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 Notices 2005-104 and 2008-100 and Broadcasting Regulatory Policies 2010-786 and 2010-786-1. Furthermore, given that the service will offer at least 90% of its programming during the broadcast week in the Hindi language, the Commission is satisfied that the service falls under the definition of a third-language service set out in the Broadcasting Distribution Regulations.

12. Accordingly, the Commission approves the application by Ethnic Channels Group Limited for a broadcasting licence to operate the national niche third-language ethnic specialty Category B service Hindi Women’s TV. The Commission also approves the applicant’s request for authorization 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.

13. The Commission notes that Hindi Women’s TV will devote at least 90% of its program schedule to programming in Hindi. 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

14. The Commission reminds the applicant that the 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
• Mehndi HD TV – Category 2 specialty service, Broadcasting Decision CRTC 2010-270, 13 May 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.

Footnote

[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 or province.