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Broadcasting Notice of Consultation CRTC 2018-127

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Reference: 2018-127-1, 2018-127-2 and 2018-127-3

Ottawa, 17 April 2018
Public record: 1011-NOC2018-0127

Notice of hearing

15 October 2018
Gatineau, Quebec

Applications for a national, multilingual multi-ethnic television service offering news and information programming, which, if licensed, would receive mandatory distribution on the basic service pursuant to section 9(1)(h) of the Broadcasting Act

Deadline for submission of interventions/comments/answers: 17 May 2018

[Submit an intervention/comment/answer or view related documents]

The Commission will hold a hearing commencing on 15 October 2018 at 9 a.m. at the Conference Centre, Portage IV, 140 Promenade du Portage, Gatineau, Quebec.

Introduction

In Broadcasting Decision 2017-152, the Commission recognized that there is an exceptional need for a national, multi-ethnic television service that can provide Canadians with programming, including news and information programming, in multiple languages from a Canadian perspective.

Accordingly, on the same day, in Broadcasting Notice of Consultation 2017-154, the Commission called for applications from persons wishing to operate a national, multilingual multi-ethnic television service offering news and information programming as well as other programming. The Commission indicated that if licensed, such a service would receive mandatory distribution on the digital basic service.

Given the limited scope of the hearing, the Commission requires that interveners wishing to appear provide a detailed rationale as to why their request should be granted, including how their oral presentation at the hearing would supplement their written submissions. The Commission will then determine which interveners, if any, will be invited to appear, and only those invited to appear will be contacted by the Commission.

Additional documents may be added to the public record associated with the applications under consideration following the issuance of this notice of consultation. Interested persons should therefore consult the public record regularly.

What is mandatory distribution on the digital basic service?

When Canadians buy television services from a broadcasting distribution undertaking (BDU), there are certain channels (or programming services) that automatically come with the basic service package such as all local television stations, provincial educational services, community channels and provincial legislature channels, if available.

A few of these channels are mandated by the Commission to be part of every Canadian’s basic service package pursuant to section 9(1)(h) of the Broadcasting Act (the Act). When requiring the mandatory distribution of these services, the Commission may also set a per subscriber monthly rate that must be paid by the BDU to the programming service to distribute that service.

Applications received

As part of this proceeding, the Commission will be examining eight applications for proposed services that would receive mandatory distribution as part of the digital basic service of BDUs across Canada.

As part of their applications, applicants were required to provide a supplementary brief outlining how the proposed service will meet the criteria for mandatory distribution on the digital basic service set out in Broadcasting Regulatory Policy 2010-629. Applicants could also provide any other evidence and arguments to support the issuance of an order for mandatory distribution of the proposed service on the digital basic service.

In addition, applicants had to clearly demonstrate how the proposed service would contribute to other policy objectives, including how the service would:

The Commission will consider the following applications:

Applicant and locality

  1. 2627147 Ontario Inc., operating as Multicultural Described Video Guide
    Across Canada
    Application 2017-1033-5
  2. Independent Community Television Montreal (ICTV-MTL)
    Across Canada
    Application 2017-1041-8
  3. Amber Broadcasting Inc.
    Across Canada
    Application 2017-1042-6
  4. Ethnic Channels Group Limited, on behalf of a corporation to be incorporated
    Across Canada
    Application 2017-1043-4
  5. M.T.E.C. Consultants Limited, operating as Corriere Canadese, on behalf of a corporation to be incorporated
    Across Canada
    Application 2017-1045-0
  6. Telelatino Network Inc. and Asian Television Network International Limited, on behalf of a corporation or limited partnership to be established
    Across Canada
    Application 2017-1047-6
  7. Bell Media Inc.
    Across Canada
    Application 2017-1050-0
  8. Rogers Media Inc.
    Across Canada
    Application 2017-1051-7

1. 2627147 Ontario Inc., operating as Multicultural Described Video Guide
Across Canada
Application 2017-1033-5

Application by 2627147 Ontario Inc., operating as Multicultural Described Video Guide for a broadcasting licence to operate a national, multi-ethnic, multicultural discretionary pay audio service to be known as Multicultural Described Video Guide.

The applicant proposes an audio service that would offer programming in 23 distinct languages, in which a person would verbally provide visually impaired listeners with the information on the upcoming shows available in described video.

The applicant also proposes to broadcast custom news reports, which would be approximately one to three minutes in length.

The applicant states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.04.
Applicant’s address:

550 Eglinton Avenue West
Suite 23-031
Toronto, Ontario
M5N 1B6
Email: ewk@kosinervc.com
Email to request electronic version of application: ewk@kosinervc.com

2. Independent Community Television Montreal (ICTV-MTL)
Across Canada
Application 2017-1041-8

Application by Independent Community Television Montreal (ICTV-MTL) for broadcasting licences to operate national, multi-ethnic, multicultural discretionary services to be known as TELE1 and TELE2.

The applicant states that TELE1 would fulfill the Commission’s expectations in the call and that TELE2 would fulfill other needs of third-language and Indigenous communities. It proposes to serve up to approximately 45 ethnic and Indigenous groups in 45 languages.

The applicant proposes, for TELE1, to broadcast daily 30-minute newscasts and weekly current affairs programming in 10 different languages including: Mandarin, Cantonese, Punjabi, Tagalog, Spanish, Arabic, Italian, German, English and French.

The applicant also proposes that TELE1 would devote at least 50% of its programming to third-language programming and at least 3% to Indigenous language programming. All of its programming would be devoted to ethnic and Indigenous programming.

The applicant further proposes Canadian programming exhibition levels for TELE1 of 100% of the total programming broadcast between 6 a.m. and midnight and between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of 80% and a programs of national interest expenditure level of 2.5%.

The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.40 for TELE1 and no mandatory wholesale rate for TELE2.

Applicant’s address:

5000 d’Iberville Street
Suite 202
Montréal, Quebec
H2H 2S6
Email: laith.marouf@gmail.com
Website to view application: www.tele1.ca
Email to request electronic version of application: laith.marouf@gmail.com

3. Amber Broadcasting Inc.
Across Canada
Application 2017-1042-6

Application by Amber Broadcasting Inc. for a broadcasting licence to operate a national, multi-ethnic, multicultural discretionary service to be known as Amber News Network.

The applicant proposes a service that would offer programming in approximately 25 distinct languages.

The applicant also proposes to produce and broadcast daily 30-minute newscasts seven days a week in each of the following languages: Mandarin, Punjabi, Tagalog, Arabic, Hindi and Cantonese.

The applicant states that the service would devote 100% of its schedule to third-language and ethnic programming, with the exception of a one-hour weekly program either in English or French devoted to the black community.

The applicant further proposes Canadian programming exhibition levels of 90% of the total programming broadcast between 6 a.m. and midnight and 100% of the total programming broadcast between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of at least 70% and proposes to devote 12% of its revenues to the acquisition of or investment in Canadian programming made by an independent producer. The applicant proposes not to devote any of its programming to the broadcast of U.S. programming.

The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.30

Applicant’s address:

13376 Comber Way
Surrey, British Columbia
V3W 5V9
Email: ambernewsnetwork@gmail.com
Email to request electronic version of application: ambernewsnetwork@gmail.com

4. Ethnic Channels Group Limited, on behalf of a corporation to be incorporated
Across Canada
Application 2017-1043-4

Application by Ethnic Channels Group Limited, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, multi-ethnic, multicultural discretionary service to be known as Voices.

The applicant proposes a service that would offer programming to serve 25 different ethnic groups per broadcast month.

The applicant also proposes to broadcast daily national, regional and local newscasts, which will be offered in 10 different languages in the first year of operation, 15 languages by the second year of operation and 25 languages by the fourth year. The applicant indicates that 80% of the schedule will be news and information programming per broadcast week.

The applicant states that the service would devote 90% of its schedule to ethnic programming and 90% to third-language programming.

The applicant further proposes Canadian programming exhibition levels of 75% of the total programming broadcast between 6 a.m. and midnight and 85% of the total programming broadcast between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of 60% and a programs of national interest (PNI) expenditure level of 3%. The applicant proposes that it be required to devote 80% of the PNI expenditures required to fulfill its proposed PNI levels to an independent production company.

The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.23

Applicant’s address:

120 Amber Street
Markham, Ontario
L3R 3A3
Email: slavalevin@ethnicchannels.com
Website to view application: www.ethnicchannels.com
Email to request electronic version of application: webinfo@ethnicchannels.com

5. M.T.E.C. Consultants Limited, operating as Corriere Canadese, on behalf of a corporation to be incorporated
Across Canada
Application 2017-1045-0

Application by M.T.E.C. Consultants Limited, operating as Corriere Canadese, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national, multi-ethnic, multicultural discretionary service to be known as CorrCan Media Group.

The applicant proposes a service that would offer programming in a minimum of 20 distinct languages and serve a minimum of 20 different ethnic groups per broadcast month.

The applicant also proposes to broadcast daily, national 30-minute newscasts in each of the Italian, Mandarin, Cantonese and Punjabi languages.

The applicant states that the service would devote 80% of its schedule to ethnic programming and 55% to third-language programming.

The applicant further proposes Canadian programming exhibition levels of 55% of the total programming broadcast between 6 a.m. and midnight and of at least 70% of the total programming broadcast between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of 50% and a programs of national interest (PNI) expenditure level of 2.5%. The applicant proposes that it be required to devote all of the PNI expenditures required to fulfill its proposed PNI levels to an independent production company. The applicant also proposes to limit the broadcast of U.S. programming to 10% of the broadcast month.
The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.20.

Applicant’s address:

3800 Steeles Avenue West
Suite 300
Vaughan, Ontario
L4L 4G9
Email: brazeaujean@gmail.com
Email to request electronic version of application: brazeaujean@gmail.com

6. Telelatino Network Inc. and Asian Television Network International Limited, on behalf of a corporation or limited partnership to be established
Across Canada
Application 2017-1047-6

Application by Telelatino Network Inc. and Asian Television Network International Limited, on behalf of a corporation or limited partnership to be established, for a broadcasting licence to operate a national, multi-ethnic, multicultural discretionary service to be known as CanadaWorldTV.

The applicant proposes a service that would offer programming in a minimum of 20 distinct languages and serve a minimum of 20 different ethnic groups per broadcast month.

The applicant also proposes to maintain the broadcast of the newscasts reinstated by OMNI Regional in Italian, Punjabi, Mandarin and Cantonese. It also intends to produce news and information programming directed to 20 language groups and ethnic communities. 

The applicant states that the service would devote 100% of its schedule to ethnic programming and a minimum of 60% to third-language programming.

The applicant further proposes Canadian programming exhibition levels of 60% of the total programming broadcast and at least 60% of the total programming broadcast between 6 a.m. and midnight (Eastern time). It also proposes a Canadian programming expenditure level of 50% and a programs of national interest (PNI) expenditure level of 2.5%. The applicant proposes that it be required to devote all of the PNI expenditures required to fulfill its proposed PNI levels to an independent production company. The applicant also proposes to limit the broadcast of U.S. programming to 10% of the broadcast month.
The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.12.

Applicant’s address:

5125 Steeles Avenue West
Toronto, Ontario
M9L 1R5
Email: aldo@tlntv.com
Website to view application: www.tlntv.com
Email to request electronic version of application: agathap@tlntv.com

7. Bell Media Inc.
Across Canada
Application 2017-1050-0

Application by Bell Media Inc. for a broadcasting licence to operate a national, multi‑ethnic, multicultural discretionary service to be known as OurTV.

The applicant proposes a service that would offer programming in at least 20 distinct languages and serve at least 20 different ethnic groups per broadcast month.

The applicant also proposes to broadcast six daily, national hour-long newscasts in six distinct third languages.

The applicant states that the service would devote 100% of its schedule to ethnic programming and a minimum of 50% to third-language programming.

The applicant further proposes Canadian programming exhibition levels of 70% of the total programming broadcast between 6 a.m. and midnight and 70% of the total programming broadcast between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of 60% and a programs of national interest (PNI) expenditure level of 5%. The applicant proposes that it be required to devote all of the PNI expenditures required to fulfill its proposed PNI levels to an independent production company.

The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a per subscriber monthly wholesale rate of $0.25.

Applicant’s address:

299 Queen Street West
Toronto, Ontario
M5V 2Z5
Email: alain.strati@bellmedia.ca
Email to request electronic version of application: alain.strati@bellmedia.ca

8. Rogers Media Inc.
Across Canada
Application 2017-1051-7

Application by Rogers Media Inc. for a broadcasting licence to operate the national, multi-ethnic, multicultural discretionary service known as OMNI Regional and composed of four regional feeds.

If licensed, each broadcasting distribution undertaking would be required to distribute the regional feed appropriate to its market on the digital basic service.
The applicant proposes a service that would offer programming in at least 20 distinct languages and serve at least 20 different ethnic groups per broadcast month on each of the Pacific, Prairies and East feeds, and in 15 distinct languages and serve 18 different ethnic groups per broadcast month on the Quebec feed.

The applicant also proposes to broadcast six daily, national 30-minute news programs in a third language.

The applicant states that the service would devote 80% of its schedule to ethnic programming and a minimum of 50% to third-language programming.

The applicant further proposes Canadian programming exhibition levels of at least 55% of the total programming broadcast between 6 a.m. and midnight and at least 50% of the total programming broadcast between 6 p.m. and midnight. It also proposes a Canadian programming expenditure level of 50%, and a programs of national interest (PNI) expenditure level of 5%. The applicant proposes that it be required to devote all of the PNI expenditures required to fulfill its proposed PNI levels to an independent production company. The applicant also proposes to limit the broadcast of U.S. programming to 10% of the broadcast month.

The applicant also states that it meets all the criteria set out in paragraph 11 of Broadcasting Regulatory Policy 2010-629.

Finally, the applicant proposes a monthly per subscriber wholesale rate of $0.19 in years 1 and 2. The rate would increase to $0.20 in years 3 and 4, and then rise to $0.21 in year 5.

Applicant’s address:

1 Mount Pleasant Road
Toronto, Ontario
M4Y 2Y5
Email: susan.wheeler@rci.rogers.com
Email to request electronic version of application: susan.wheeler@rci.rogers.com

Procedure

Deadline for interventions, comments or answers
17 May 2018

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure (the Rules of Procedure) apply to the present proceeding. The Rules of Procedure set out, among other things, the rules for content, format, filing and service of interventions, answer, replies and requests for information; the procedure for filing confidential information and requesting its disclosure; and the conduct of public hearings. Accordingly, the procedure set out below must be read in conjunction with the Rules of Procedure and related documents, which can be found on the Commission’s website under “Statutes and Regulations.” Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, provides information to help interested persons and parties understand the Rules of Procedure so that they can more effectively participate in Commission proceedings.

An intervention or an answer from a respondent must be filed with the Commission and served on the applicant on or before the above-mentioned date. An answer from a respondent must also be served on any other respondent.
Interventions and answers must clearly identify the application referred to and indicate whether parties support or oppose the application, or, if they propose changes to it, include the facts and grounds for their proposal.

The intervention or answer must include one of the following statements in either the first or the last paragraph:

Parties are permitted to coordinate, organize, and file, in a single submission, interventions by other interested persons who share their position but do not wish to appear at the hearing. Information on how to file this type of submission, known as a joint supporting intervention, as well as a template for the covering letter to be filed by the parties, can be found in Broadcasting Information Bulletin 2010-28-1.

The Commission encourages interested persons and parties to monitor the record of the proceeding, available on the Commission’s website, for additional information that they may find useful when preparing their submissions.
Submissions longer than five pages should include a summary. Each paragraph of all submissions should be numbered, and the line ***End of document*** should follow the last paragraph. This will help the Commission verify that the document has not been damaged during electronic transmission.

Pursuant to Broadcasting and Telecom Information Bulletin CRTC 2015-242, the Commission expects incorporated entities and associations, and encourages all Canadians, to file submissions for Commission proceedings in accessible formats (for example, text-based file formats that allow text to be enlarged or modified, or read by screen readers). To provide assistance in this regard, the Commission has posted on its website guidelines for preparing documents in accessible formats.

Submissions must be filed by sending them to the Secretary General of the Commission using only one of the following means:

by completing the
[Intervention/comment/answer form]
or
by mail to
CRTC, Ottawa, Ontario K1A 0N2
or
by fax at
819-994-0218

A true copy of each intervention or answer from a respondent must be sent to the applicant and, in the case of a respondent to an application, to any other respondent.

Parties who send documents electronically must ensure that they will be able to prove, upon Commission request, that filing, or where required, service of a particular document was completed. Accordingly, parties must keep proof of the sending and receipt of each document for 180 days after the date on which the document is filed or served. The Commission advises parties who file or serve documents by electronic means to exercise caution when using email for the service of documents, as it may be difficult to establish that service has occurred.

In accordance with the Rules of Procedure, a document must be received by the Commission and all relevant parties by 5 p.m. Vancouver time (8 p.m. Ottawa time) on the date it is due. Parties are responsible for ensuring the timely delivery of their submissions and will not be notified if their submissions are received after the deadline. Late submissions, including those due to postal delays, will not be considered by the Commission and will not be made part of the public record.
The Commission will not formally acknowledge submissions. It will, however, fully consider all submissions, which will form part of the public record of the proceeding, provided that the procedure for filing set out above has been followed.

In the event that an application is brought to the oral phase of the hearing, and if parties wish to appear, they must provide reasons why their written interventions or answers are not sufficient and why an appearance is necessary. Parties requiring communication support must state their request on the first page of their intervention. Only those parties whose requests to appear have been granted will be contacted by the Commission and invited to appear at the public hearing.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the Commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important notice

All information that parties provide as part of this public process, except information designated confidential, whether sent by postal mail, facsimile, email or through the Commission’s website at www.crtc.gc.ca, becomes part of a publicly accessible file and will be posted on the Commission’s website. This information includes personal information, such as full names, email addresses, postal/street addresses, telephone and facsimile numbers, etc.

The personal information that parties provide will be used and may be disclosed for the purpose for which the information was obtained or compiled by the Commission, or for a use consistent with that purpose.

Documents received electronically or otherwise will be put on the Commission’s website in their entirety exactly as received, including any personal information contained therein, in the official language and format in which they are received. Documents not received electronically will be available in PDF format.

The information that parties provide to the Commission as part of this public process is entered into an unsearchable database dedicated to this specific public process. This database is accessible only from the web page of this particular public process. As a result, a general search of the Commission’s website with the help of either its own search engine or a third-party search engine will not provide access to the information that was provided as part of this public process.

Availability of documents

Electronic versions of the applications are available on the Commission’s website at www.crtc.gc.ca by selecting the application number within this notice. They are also available from the applicants, either on their websites or upon request by contacting the applicants at their email addresses, provided above.
Electronic versions of the interventions and answers, as well as of other documents referred to in this notice, are available on the Commission’s website at www.crtc.gc.ca by visiting the “Have your say!” section, then selecting “our open processes.” Documents can then be accessed by clicking on the links in the “Subject” and “Related Documents” columns associated with this particular notice.

Documents are also available at the following address, upon request, during normal business hours.

Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec
J8X 4B1
Tel.: 819-997-2429
Fax: 819-994-0218
Toll-free telephone: 1-877-249-2782
Toll-free TDD: 1-877-909-2782
Secretary General

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