ARCHIVED - Broadcasting Decision CRTC 2014-133

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Route reference: 2013-536

Ottawa, 20 March 2014

The Photography Network (RDP) inc.
Across Canada

Application 2013-0852-8, received 7 June 2013
Public hearing in the National Capital Region
5 November 2013

Le réseau de la photographie – RDP – Specialty Category B service

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

The application

1. The Photography Network (RDP) inc. filed an application for a broadcasting licence to operate Le réseau de la photographie – RDP, a national, French-language specialty Category B service that would be devoted to the broadcast of feature-length and short films on photography or films that have obtained an honorable mention in photography at a festival, documentaries related to photography or shot with a DSLR camera, reports and coverage of photographic fairs and exhibitions, shows on various photographic genres (journalism photography, social photography, etc.), workshops in the form of mini-series and variety game shows on photography. The Commission did not receive any interventions regarding this application.

2. The Photography Network (RDP) inc. is a corporation controlled by its sole shareholder Pierre Marie Victor Salomon.

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(b), 3, 5(b), 7(a), 7(b), 7(c), 7(d), 7(e), 8(b), 10, 11(a), 11(b), 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 not devote more than 10% of the programming broadcast during the broadcast month to programming drawn from each of program categories 7(d), 7(e) and 8(b).
The licensee shall not devote more than 20% of the programming broadcast during the broadcast month to programming drawn from program category 2(b). The programs broadcast shall only relate to the theme of photography.

Commission’s analysis and decision

5. The Commission notes that the applicant proposed a limit of 20% for program category 2(b) and specified that the documentaries broadcast would only relate to the theme of photography. This limit is not consistent with the standard limit of 10% set out in Broadcasting Public Notice 2008-100. However, the Commission considers that the licensee’s commitment to abide by a condition of licence requiring it to broadcast only documentaries related to the theme of photography will ensure that the service will not be directly competitive with existing category A services.

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 The Photography Network (RDP) inc. for a broadcasting licence to operate Le réseau de la photographie – RDP, a national, French-language specialty Category B service. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

7. 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

Appendix to Broadcasting Decision CRTC 2014-133

Terms, conditions of licence, expectations and encouragements for the French-language specialty Category B service Le réseau de la photographie – RDP

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 2020.

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, as amended from time to time.

2. In regard to the nature of service:

(a) The licensee shall provide a national, French-language specialty Category B service devoted to the broadcast of feature-length and short films on photography or films that have obtained an honorable mention in photography at a festival, documentaries related to photography or shot with a DSLR camera, reports and coverage of photographic fairs and exhibitions, shows on various photographic genres (journalism photography, social photography, etc.), workshops in the form of mini-series and variety game shows on photography.

(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:

2 (b) Long-form documentary
3 Reporting and actualities
5 (b) Informal education/Recreation and leisure
7 (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
8 (b) Music video clips
10 Game shows
11 (a) General entertainment and human interest
    (b) Reality television
13 Public service announcements
14 Infomercials, promotional and corporate videos

(c) The licensee shall not devote more than 10% of the programming broadcast during the broadcast month to programming drawn from each of program categories 7(d), 7(e) and 8(b).

(d) The licensee shall not devote more than 20% of the programming broadcast during the broadcast month to programming drawn from program category 2(b). The programs shall only relate to the theme of photography.

3. The service approved hereby is designated as a Category B service.

For the purposes of these conditions of 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.

Date modified:: 2014-03-20

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