ARCHIVED - Broadcasting Public Notice CRTC 2004-21

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Broadcasting Public Notice CRTC 2004-21

  Ottawa, 31 March 2004
 

Contributions to Canadian programming by broadcasting distribution undertakings

  In this notice, the Commission invites Star Choice Television Network Incorporated to submit a proposal for an independent production fund that would support certain licensed programming services, including the Aboriginal Peoples Television Network and the Alliance des radios communautaires du Canada.

1.

In Star Choice - Licence renewal, Broadcasting Decision CRTC 2004-130, 31 March 2004 (Decision 2004-130), the Commission announced its determination to renew the broadcasting licence for the direct-to-home (DTH) satellite broadcasting distribution undertaking operated by Star Choice Television Network Incorporated (Star Choice). Section 44 of the Broadcasting Distribution Regulations (the Regulations) requires Star Choice to contribute at least 5 percent of its annual gross revenues derived from broadcasting activities to Canadian programming, of which at least 80 percent must be contributed to the Canadian Television Fund (CTF) and the balance, pursuant to section 44(1)(b) of the Regulations, to other independent Canadian production funds.

2.

Star Choice's conditions of licence, as set out in Decision 2004-130, relieve it from the requirement to perform program deletion as long as it meets several alternative measures, including the contribution of at least 0.4 percent of its annual gross revenues derived from broadcasting activities to an independent fund to assist independently-owned television stations operating in small markets to meet their commitments for local programming. This 0.4 percent contribution may not be taken from that portion of the licensee's contribution that must be directed to the CTF.

3.

During the licence renewal process, Star Choice requested authorization to continue to direct a portion of the revenues it is required to contribute under section 44(1)(b) of the Regulations to certain licensed programming services, including the Aboriginal Peoples Television Network and the Alliance des radio communautaires du Canada. In Decision 2004-130, the Commission found merit in Star Choice's request to maintain its financial support for these licensees.

4.

Accordingly, the Commission hereby amends its criteria for establishing an independent production fund solely for the purpose of creating a fund to enable Star Choice to maintain its current support for the above-noted licensees. The Commission invites Star Choice to file for Commission approval, by 30 April 2004, a proposal describing its intended allocation of funds to specific licensees over its new licence term, as part of its requirement under section 44(1)(b) of the Regulations. The Commission notes that this proposal must not in any way affect the above-noted contributions that Star Choice must make to the new fund to assist independently-owned television stations operating in small markets, as part of the alternative measures in lieu of program deletion.

5.

Star Choice's proposal should specify, with supporting rationale, the formula or other mechanism that would govern the disbursement of monies to specific beneficiaries. In the Commission's view, this proposal, once approved by the Commission, would constitute an independent production fund within the meaning of section 44(1)(b) of the Regulations. Once approved, should Star Choice wish to alter its proposed allocation of funds during its licence term, it may do so upon approval by the Commission.

6.

The Commission notes that other independent production funds must continue to meet the eligibility criteria set out in Contributions to Canadian Programming by Broadcasting Distribution Undertakings, Public Notice CRTC 1997-98, 22 July 1997, and Contributions to Canadian Programming by Broadcasting Distribution Undertakings, Public Notice CRTC 1999-29, 16 February 1999.
  Secretary General
  This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2004-03-31

Date modified: