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ARCHIVED - Broadcasting Decision CRTC 2015-486

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Reference: Part 1 applications posted on 26 August 2015

Ottawa, 29 October 2015

TerraTerra Communications Inc.
Across Canada

Applications 2015-0924-1 and 2015-0923-3

Addition of iROKO PLAY and iROKO PLUS to the List of non-Canadian programming services and stations authorized for distribution

The Commission approves applications to add iROKO PLAY and iROKO PLUS to the List of non-Canadian programming services and stations authorized for distribution (the list) and amends the list accordingly. The revised list can be found on the Commission’s website at www.crtc.gc.ca by clicking on “TV & Radio,” “Programming” and “Access to programs on TV that aren’t Canadian.”

Applications

  1. The Commission received applications from TerraTerra Communications Inc. (TerraTerra), acting as the Canadian sponsor, to add iROKO PLAY and iROKO PLUS, two non-Canadian English-language services, to the List of non-Canadian programming services and stations authorized for distribution (the list).

  2. TerraTerra stated that iROKO PLAY is a niche service featuring Nollywood movies from 2007 to 2010, while iROKO PLUS is a niche service featuring Nollywood movies from 2011 to 2015. The services originate from Lagos, Nigeria, and their target audience would be the African-Canadian community and persons interested in programming originating from Africa.

Intervention

  1. The Commission received an intervention opposing the applications. The intervener argued that it would be inappropriate to authorize the distribution of programming services from countries imposing the death penalty on gay individuals. TerraTerra did not reply to the intervention. The public record for these applications can be found on the Commission’s website at or by using the application number provided above.

Commission’s analysis and decision

  1. The Commission’s general approach to the addition of non-Canadian English- and French-language services to the list is set out in Public Notice 2000-173 and Broadcasting Public Notice 2008-100. Under this approach, the Commission assesses such requests in the context of its general policy, which among other things precludes the addition of a non-Canadian service that can be considered totally or partially competitive with Canadian specialty or pay television services. The Commission’s approach also takes into consideration whether the service would violate Canadian regulations, including those regarding abusive comments. However, the country of origin of a non-Canadian service is generally not taken into consideration when assessing an application.

  2. In assessing the competitiveness of a service, the Commission relies primarily on the comments filed to identify the Canadian pay and specialty services with which a proposed non-Canadian service might be totally or partially competitive.

  3. In the absence of opposing interventions to this effect and given that the individual opposing the addition of the services did not provide evidence that they would violate Canadian regulations, the Commission approves the applications by TerraTerra Communications Inc. to add iROKO PLAY and iROKO PLUS to the List of non-Canadian programming services and stations authorized for distribution and amends the list accordingly. The revised list can be found on the Commission’s website at www.crtc.gc.ca by clicking on “TV & Radio,” “Programming” and “Access to programs on TV that aren’t Canadian” and may be obtained in hard copy on request.

Secretary General

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