ARCHIVED - Broadcasting Decision CRTC 2006-488

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Broadcasting Decision CRTC 2006-488

  Ottawa, 7 September 2006
  Jaswinder Khosa, on behalf of a corporation to be incorporated
Province of Ontario
  Application 2005-0514-1
Public Hearing in the National Capital Region
1 May 2006
 

Mehfil TV - Category 2 specialty service

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

The application

1.

The Commission received an application by Jaswinder Khosa, on behalf of a corporation to be incorporated, for a broadcasting licence to operate a regional ethnic Category 21 specialty programming undertaking to be known as Mehfil TV.

2.

The applicant proposed to offer a service that would consist of programs related to music, culture and religion in the Sikh community. The programs would also feature discussions, interviews and lectures with daily updates about recent happenings in the world. All of the programming would be drawn from the following categories set out in Schedule 1 to the Specialty Services Regulations, 1990: 1 News; 4 Religion; 7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical feature films aired on TV; 7(g) Other drama; 8(b) Music video clips; 8(c) Music video programs; 11 General entertainment and human interest; and 14 Infomercials, promotional and corporate videos.

3.

The applicant proposed to broadcast 50% of its programming in the Punjabi language, 30% in Hindi and 20% in English.

4.

The applicant also requested that it be authorized, by condition of licence, to broadcast up to six minutes per hour of local or regional advertising.

5.

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

Commission's analysis and determinations

6.

The Commission is satisfied that the application 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 Jaswinder Khosa, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the regional ethnic Category 2 specialty programming undertaking, Mehfil TV.

7.

With respect to the request to broadcast regional or local advertising, the Commission notes that the service will be devoted to the Punjabi- and Hindi-speaking community, that not less than 50% of all programming broadcast during the broadcast week will be in the Punjabi language and not less than 30% of all programming during the broadcast week will be in the Hindi language. As a result, the Commission is of the view that the service would not compete directly with existing analog or Category 1 services and that the addition of local or regional advertising on the proposed service would have limited impact on them.

8.

The Commission therefore approves the applicant's request for authority to broadcast up to six minutes per hour of local and regional advertising. A condition of licence to that effect is set out in the appendix to this decision.

9.

The Commission notes that Mehfil TV will devote at least 80% of its program schedule to programming in the Punjabi and Hindi languages. The remainder of the program schedule, i.e., up to 20%, may be in one or both official languages. The Commission encourages the applicant to ensure that all such programming serves to promote Canada's linguistic duality.

10.

The licence will expire 31 August 2013, and will be subject to the conditions set out in Public Notice 2000-171-1, as well as to the conditions set out in the appendix to this decision.
 

Issuance of the licence

11.

A licence will be issued once the applicant has satisfied the Commission, with supporting documentation, that the following requirements have been met:
 
  • an eligible Canadian corporation has been incorporated in accordance with the application in all material respects;
 
  • 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 7 September 2009. 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 2006-488

 

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, except for condition 4d) which will not apply, and condition 4a) which is replaced by the following:

 

Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than twelve (12) minutes of advertising material during each clock hour, no more than six (6) minutes of which may consist of local or regional advertising.

 

2. The licensee shall provide a regional ethnic Category 2 specialty programming service that will consist of programs related to music, culture and religion in the Sikh community.

 

3. The programming shall 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
4 Religion
7 (c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(g) Other drama
8 (b) Music video clips
(c) Music video programs
11 General entertainment and human interest
14 Infomercials, promotional and corporate videos

 

4. Not less than 50% of all programming broadcast during the broadcast week shall be in the Punjabi language.

 

5. Not more than 30% of all programming broadcast during the broadcast week shall be in the Hindi language.

 

6. Where the licensee broadcasts religious programming as defined in Religious Broadcasting Policy, Public Notice CRTC 1993-78, 3 June 1993, the licensee shall adhere to the guidelines set out in sections III.B.2.a) and IV. of that public notice with respect to the provision of balance and ethics in religious programming, as amended from time to time.

  For the purposes of the conditions of this licence, including condition of licence no. 1, broadcast day means the period of up to 18 consecutive hours, beginning each day not earlier than six o'clock in the morning and ending not later than one o'clock in the morning of the following day, as selected by the licensee, or any other period approved by the Commission.
  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: 2006-09-07

Date modified: