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ARCHIVED -  Broadcasting Decision CRTC 2005-89

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Broadcasting Decision CRTC 2005-89

  Ottawa, 4 March 2005
  6166954 Canada Inc.
Across Canada
  Application 2004-0488-0
Public Hearing in the National Capital Region
1 December 2004
 

617 - Category 2 specialty service

  In this decision, the Commission approves the application for a broadcasting licence to operate a new Category 2 specialty programming undertaking.
 

The application

1.

The Commission received an application by 6166954 Canada Inc., a corporation controlled by William R. Craig, for a broadcasting licence to operate a national English-language Category 21 specialty programming undertaking to be known as 617.

2.

The applicant proposed to offer a service devoted to gay and lesbian adult entertainment programming, including adult entertainment films, talk shows, phone-in shows and other programming on the theme of sexuality ranging from entertainment material to educational and analytical material on sexuality and health.

3.

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

The Commission's analysis and determination

4.

Based on its examination of this application, the Commission is satisfied that it is in conformity with all applicable terms and conditions announced in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001 (Public Notice 2000-171-1). Accordingly, the Commission approves the application by 6166954 Canada Inc. for a broadcasting licence to operate the national English-language Category 2 specialty programming undertaking, 617.

5.

The licence will expire 31 August 2011, and will be subject to the conditions set out in Public Notice 2000-171-1, as well as to the conditions of licence set out in the appendix to this decision.
 

Issuance of the licence

6.

A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
 
  • the applicant has entered into a distribution agreement with at least one licensed distributor; and
 
  • the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 36 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 4 March 2008. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
  Secretary General
  This decision is to be appended to the licence. It is available in alternative format upon request, and may also be examined in PDF format or in HTML at the following Internet site: www.crtc.gc.ca 
 

Appendix to Broadcasting Decision CRTC 2005-89

 

Conditions of licence

 

1. The licence will be subject to the conditionsset out in Introductory statement - Licensing of new digital pay and specialty services - Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001, as well as to the following conditions of licence:

 

2. The licensee shall provide a national English-language Category 2 specialty programming undertaking devoted to gay and lesbian adult entertainment programming, including adult entertainment films, talk shows, phone-in shows and other programming on the theme of sexuality ranging from entertainment material to educational and analytical material on sexuality and health.

 

3. The programming must be drawn exclusively from the following categories, as set out in Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

 

1 News
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
5 (b) Informal education/Recreation and leisure
7 Drama and comedy
(a) Ongoing dramatic series
(b) Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(e) Animated television programs and films
(g) Other drama
9 Variety
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. The service must only be distributed at the specific request of the subscriber. Distributors are not permitted to package the service in such a way that subscribers are obligated to purchase it in order to purchase any other programming service, other than an adult programming service. Distributors are required to take measures to fully block the reception of both the audio and video portions of the service to subscribers that request it not to be receivable in their home, in either unscrambled or scrambled analog form.

 

5. The licensee shall adhere to section D.3 of the Industry code of programming standards and practices governing pay, pay-per-view and video-on-demand services, Broadcasting Public Notice CRTC 2003-10, 6 March 2003.

 

6. The licensee shall adhere to its internal policy for adult programming as filed with the Commission.

  For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day refers to the 24-hour period beginning each day at 6 a.m.
  Footnote:
1 The Category 2 services are defined in Introductory statement - Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000.

Date Modified: 2005-03-04