ARCHIVED - Broadcasting Decision CRTC 2004-110

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Broadcasting Decision CRTC 2004-110

  Ottawa, 12 March 2004
  Vincent Géracitano, on behalf of a corporation to be incorporated
Across Canada
  Application 2002-0944-6
Broadcasting Public Notice CRTC 2003-32
16 June 2003
 

Licence amendment for Avis de Recherche

  In this decision, the Commission denies the application for a licence amendment that would have authorized the licensee to broadcast local or regional advertising on Avis de Recherche.
 

Background

1.

In Avis de Recherche - Category 2 specialty service, Broadcasting Decision CRTC 2002-267, 4 September 2002, the Commission approved an application by Vincent Géracitano, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a national French-language Category 2 specialty television undertaking primarily intended to be a media tool to provide information to law enforcement agencies across Canada. Noting that the applicant planned to offer a national service with a national feed and that it did not intend to target any particular local market directly, the Commission denied the request that Avis de Recherche be authorized to broadcast six minutes of local or regional advertising in each clock hour. Consistent with its approach in licensing other Category 2 services, the Commission imposed a condition of licence on Avis de Recherche authorizing the service to distribute up to 12 minutes of advertising material during each clock hour but limiting such material to national advertising.

2.

To date, the applicant has not implemented the operation of Avis de Recherche.
 

The application

3.

In the present application, the applicant requested an amendment to Avis de Recherche's conditions of licence in order to allow the service to broadcast up to six minutes of national advertising and up to six minutes of local or regional advertising in each clock hour. The applicant contended that Avis de Recherche should be allowed to broadcast local and regional advertising because most of the programming would be provided by local or regional law enforcement agencies across Canada. In response to the Commission's questions, the applicant explained that police forces from all regions of the country would contribute material, which would then be organized by region, for broadcast as part of a national schedule. All the programming would be produced and distributed from a single location.

4.

The applicant's business plan was based on the expectation that broadcasting distribution undertakings would distribute Avis de Recherche as a community service free of charge to subscribers. The applicant expected to generate 80% of its projected revenues from local and regional advertising.

5.

The Commission did not receive any interventions in connection with this application.
 

The Commission's analysis and determination

6.

In accordance with the terms and conditions set out in Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171-1, 6 March 2001, Category 2 services must not distribute any paid advertising material other than national paid advertising. The Commission has granted exceptions to this approach to the licensees of Category 2 ethnic services and local/regional news services that provide local and regional programming.

7.

In the present case, the applicant plans to offer a national service with a national feed from one originating point. The applicant does not plan to target any particular local market directly. Moreover, under the applicant's proposed plan, Avis de Recherche would offer a very low level of original local programming and a high level of repeat programming.

8.

In light of the foregoing, the Commission considers that the applicant's proposal does not warrant an exception to the Commission's approach with respect to the broadcast of advertising by Category 2 services. Accordingly, the Commission denies the application by Vincent Géracitano, on behalf of a corporation to be incorporated, for an amendment to Avis de Recherche's conditions of licence that would allow the service to broadcast up to six minutes of national advertising and up to six minutes of local or regional advertising in each clock hour. Avis de Recherche must, therefore, abide by its current condition of licence authorizing the service to distribute up to 12 minutes of advertising material during each clock hour but limiting such material to national advertising.
  Secretary General
  This decision is available in alternative format upon request, and may also be examined at the following Internet site: www.crtc.gc.ca

Date Modified: 2004-03-12

Date modified: