Broadcasting Decision CRTC 2010-361

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Route reference: 2010-175

Ottawa, 10 June 2010

Various licensees controlled by Corus Entertainment Inc. Across Canada

Specialty services – Licence amendments

The Commission approves applications by various licensees set out in the appendix to this decision to amend the broadcasting licences for nine national, English-language specialty programming services so that they may be made available for distribution in high definition format.

Introduction

1. The Commission received applications by various licensees, all controlled by Corus Entertainment Inc. (Corus), to amend the broadcasting licences for nine national, English-language specialty programming undertakings so that they may be made available for distribution in high definition (HD) format until the end of their licence terms. A list of the application numbers, licensees and the names of the specialty programming undertakings to which this decision applies are set out in the appendix to this decision.

Intervention

2. The Commission received one intervention from an individual opposing the applications. The intervention as well as Corus’s reply is available on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.”

3. The intervener opposed the applications on the grounds that the applicants have not indicated when HD programming would become available. He noted that other specialty services that have received the same authorization have not yet launched HD versions of their services.

4. In reply, Corus indicated that it is pursuing concrete measures with the objective of launching HD versions of the services as soon as possible. However, Corus submitted that it cannot specify a date for the launch of HD services because of practical considerations such as the necessity of negotiating carriage with a variety of terrestrial and direct-to-home broadcasting distribution undertakings (BDUs). Corus further noted that it has launched HD versions of its two pay television services Movie Central and Encore Avenue. With respect to the current applications, Corus indicated that its current plan, subject to the completion of appropriate carriage arrangements, is to launch YTV and W Movies in HD in the fall.

Commission’s analysis and determinations

5. The Commission notes that the purpose of the condition of licence for which the applicants have applied is to provide authority to make an HD version of each service available for distribution. It does not, however, require that HD programming be broadcast. The Commission considers that this approach is appropriate given the necessity for licensees to negotiate carriage of the HD version of their services with BDUs, as Corus indicated. The Commission notes, however, that the condition of licence for which the applicants applied would be in effect only until the end of the licence term for each service, and that it intends to explore all television licensees’ plans for the provision of HD programming as part of the licence renewal process.

6. Accordingly, the Commission approves applications by various licensees set out in the appendix to this decision to amend the broadcasting licences for nine national, English- language specialty programming undertakings so that they may be made available for distribution in HD format.

7. Consistent with the Commission’s approach to HD specialty services set out in Broadcasting Public Notice 2006-74, as well as with the changes to this approach announced in Broadcasting Public Notice 2008-100, the licensees shall be subject to the following condition of licence until the end of their current licence term:

The licensee is authorized to make available for distribution a version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition versions of the service are the same, exclusive of commercial messages and of any part of the service carried on a subsidiary signal. Further, all of the programming making up the 5% allowance shall be provided in HD.

Secretary General