Broadcasting Decision CRTC 2013-466
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Broadcasting Decision CRTC 2013-466 PDF version Route reference: 2013-19 Additional references: 2013-19-1, 2013-19-2, 2013-19-3 and 2013-19-4 Ottawa, 30 August 2013 Various licensees Various locations The application numbers are set out below. Public hearing in the National Capital Region 23 April 2013 Various independent specialty Category B services – Licence renewals The Commission renews the broadcasting licences for the independent specialty Category B services listed in this decision. The services addressed in this decision are operated by licensees that are not part of large ownership groups. The length of the licence term is based on each licensee’s compliance with its regulatory requirements during the past licence term. This decision also addresses licensees’ requests for licence amendments. The terms and conditions of licence for each service are set out in the appendices to this decision. In particular, the Commission: • denies the requests for amendments to or relief from the standard accessibility requirements for All TV, Grace TV, Salt and Light, and The Beautiful Little Channel; • approves the requested amendment regarding the standard accessibility requirements for HPItv; • approves the requested amendment to HPItv’s nature of service definition; • approves the requests regarding the broadcast of advertising for Festival Portuguese Television; and • approves in part requests to remove limits on certain program categories for Fight Network and denies a request also relating to program categories for Pet Network. Introduction 1. The Commission received applications to renew the broadcasting licences for the following independent specialty Category B services,1 which expire 31 August 2013:2 Licensee Application Service Salt and Light Catholic Media 2012-1033-5 Salt and Light Foundation (Salt and Light Foundation) All TV Inc. 2012-1052-5 All TV Woodbine Entertainment Group 2012-1071-5 HPItv (Woodbine) Fight Media Inc. (Fight Media) 2012-1092-1 Fight Network The GameTV Corporation 2012-1088-0 GameTV World Fishing Network ULC 2012-1091-3 World Fishing Network Telelatino Network Inc. 2012-1111-9 EuroWorld Sport (Telelatino) 2012-1116-9 TLN en Español 2012-1119-3 Mediaset Italia Stornoway Communications 2012-1166-4 BPM TV General Partnership Inc. 2012-1167-2 Pet Network (the general partner) and 1403318 Ontario Limited (the limited partner), carrying on business as Stornoway Communications Limited Partnership (Stornoway) ZoomerMedia Limited 2012-1192-9 The Beautiful Little Channel (ZoomerMedia) World Impact Ministries 2012-1236-5 Grace TV 1 As set out in Broadcasting Public Notice 2008-100, effective 31 August 2011, Category 2 services were renamed Category B services. 2 A number of these licences were administratively renewed until 31 August 2013 in Broadcasting Decisions 2009-145, 2010-562 and 2011-417. Fifth Dimension Properties Inc. 2012-1259-7 Penthouse TV (Fifth Dimension) 4510810 Canada Inc. (4510810) 3 2012-1032-7 HARDtv TEN Broadcasting Inc. 2012-1266-2 Red Hot TV (TEN Broadcasting) Wild TV Inc. 2012-0969-3 Wild TV The Armed Forces Network Inc. 2012-0970-1 The Armed Forces Network The Auto Channel Inc. 2012-0972-6 The Auto Channel The Cult Movie Channel Inc. 2012-0973-4 The Cult Movie Channel GOL TV (Canada) Ltd. 2012-1143-2 Gol TV Toronto Maple Leafs Network Ltd. 2012-1152-3 Leafs TV Toronto Raptors Network Ltd. 2012-1154-9 NBA TV Canada The NHL Network Inc. 2012-1159-9 The NHL Network 1395047 Ontario Inc. 2012-1168-0 Festival Portuguese Television Ethnic Channels Group Limited 2012-1073-1 Big Magic International Canada 2012-1074-9 FTV-Filipino TV 2012-1076-5 ProSieBenSat.1.Welt 2012-1077-3 RTVi (formerly Russian TV One) 2012-1087-2 The Israeli Network S.S.TV Inc. 2012-1000-8 S.S.TV 2. The Commission received numerous interventions and comments in this proceeding, almost all of which related to mandatory distribution of services under section 9(1)(h) of the Broadcasting Act (the Act). The Commission addressed mandatory distribution in Broadcasting Regulatory Policy 2013-372. The public record for this proceeding can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.” 3. The Commission notes that these specialty Category B services are owned by 4 independent broadcasters that are not part of a large ownership group. These 3 During the course of this proceeding, the Commission approved an application in a Commission letter dated 19 April 2013 to effect a change in ownership and effective control of 4510810 to Fifth Dimension and modified its ownership records accordingly. 4 The Commission notes that Gol TV, Leafs TV and NBA TV Canada are operated by a corporation jointly controlled by Rogers Communications Inc. and BCE Inc. licensees play an important role in the provision of diverse Canadian programming that serves the needs and interests of communities across the country. In rendering its determinations, the Commission’s intent is to ensure these independent services continue to contribute to the achievement of the objectives of the Act, including the following: • each programming undertaking shall make maximum use, and in no case less than predominant use, of Canadian creative and other resources in the creation and presentation of programming, unless the nature of the service provided by the undertakings, such as specialized content or format or the use of languages other than French and English, renders that use impracticable, in which case the undertaking shall make the greatest practicable use of those resources (section 3(1)(f)); • the Canadian broadcasting system should encourage the development of Canadian expression by providing a wide range of programming that reflects Canadian attitudes, opinions, ideas, values and artistic creativity, by displaying Canadian talent in entertainment programming and by offering information and analysis concerning Canada and other countries from a Canadian point of view (section 3(1)(d)(ii)); and • the programming provided by the Canadian broadcasting system should be varied and comprehensive, providing a balance of information, enlightenment and entertainment for men, women and children of all ages, interests and tastes (section 3(1)(i)(i)). 4. The Commission’s determinations also implement a number of recent policy changes, such as those set out in Broadcasting Regulatory Policy 2010-786-1. The Commission’s intent is to ensure that licensing and regulation, particularly in relation to smaller independent services, is as flexible, responsive and targeted as possible to allow television services to adapt to the changing communications environment. Moreover, the renewal of these independent services will ensure that Canadians have access to diverse programming from a wide range of programming television undertakings and that the programming offered by these licensees will meet the needs and interests of Canadians. 5. The Commission also notes that many Category B services are now subject to the exemption order respecting certain programming undertakings that would otherwise be eligible to be operated as Category B services (the exemption order), set out in Broadcasting Order 2012-689. It also notes that in Broadcasting Decision 2013-462, also published today, at the request of the licensees, the Commission revokes the licences of the following services, whose applications were published in Broadcasting Notices of Consultation 2013-19 or 2013-195, pursuant to its authority under the Act: • Ethnic Channels Group Limited – Abu Dhabi TV, Jaam-e-Jam and SBTN; • South Asian Television Canada Limited – ATN Punjabi Channel, ATN Urdu Channel, ATN Tamil Channel and ATN Gujarati; • TEN Broadcasting – Hustler TV; • 1494679 Ontario Inc. – ERT SAT; • L S Movie Channel Ltd. – L S Times TV; • HTB Canada Inc. – HTB Canada; • TamilOne Inc. – TamilOne; and • Canadian Teen Television Network Inc. – Canadian Teen Television Network. 6. Given the lighter regulatory requirements and the administrative efficiencies that come with operating under the exemption order, the Commission continues to encourage other licensees of Category B services that qualify under the exemption order to also file applications to revoke their licences. Commission’s analysis and decisions 7. After examining the applications in light of applicable regulations and policies, the Commission considers that the issues it must address relate to the following: • reductions to or relief from the standard accessibility requirements; • amendments to Canadian programming exhibition requirements; • amendment to the nature of service definition; • the broadcast of advertising; • the removal or reduction of limits on certain program categories; • expectations relating to closed captioning for certain services; • other matters relating to conditions of licence, expectations and encouragements for the various services; and • non-compliance and length of the licence terms. Reductions to or relief from the standard accessibility requirements Licensees’ proposals 8. In Broadcasting Regulatory Policy 2010-786-1, the Commission established standard conditions of licence, expectations and encouragements for pay and specialty Category B services. As part of their licence renewal application, each licensee was asked to confirm that it would adhere to the standard requirements or provide a clear rationale should it wish to be exempted from any of the standard requirements. 9. Salt and Light Foundation requested a decrease in the level of programming that must be accompanied by closed captioning from