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ARCHIVED -  Broadcasting Decision CRTC 2006-98

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Broadcasting Decision CRTC 2006-98

 

See also: 2006-98-1

Ottawa, 27 March 2006

  Astral Broadcasting Group Inc.
Across Canada
  Application 2005-0702-2
Public Hearing in the National Capital Region
16 January 2006
 

Vrak Junior - 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 Astral Broadcasting Group Inc. (Astral) for a broadcasting licence to operate a national, French-language Category 21 specialty programming undertaking to be known as Vrak Junior.

2.

The applicant proposed to offer a service dedicated to programming for children aged two to six years, except between 9:00 p.m. and midnight when the schedule may include programs of interest to parents of pre-school children. All programs would be drawn from the following categories set out in Schedule 1 to the Specialty Services Regulations, 1990: 2(a) Analysis and interpretation; 2(b) Long-form documentary; 5(a) Formal education and pre-school; 5(b) Informal education/Recreation and leisure; 7 Drama and comedy; 7(a) Ongoing drama series; 7(b) Ongoing comedy series (sitcoms); 7(c) Specials, mini-series or made-for-TV feature films; 7(d) Theatrical feature films aired on TV; 7(e) Animated television programs and films; 7(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy; 7(g) Other drama; 8(a) Music and dance other than music video programs or clips; 8(b) Music video clips; 8(c) Music video programs; 9 Variety; 10 Game shows; 11 General entertainment and human interest; 12 Interstitials; 13 Public service announcements; and 14 Infomercials, promotional and corporate videos.

3.

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

Commission's analysis and determination

4.

The Commission notes that the applicant indicated that there would be potential for overlap that could account for 10% of the broadcast week between the proposed service and two existing French-language specialty services, namely VRAK.TV and TELETOON/TÉLÉTOON. The applicant offered to limit the programming drawn from category 8 to no more than 10% of all programming broadcast during the broadcast week, and to limit the programming drawn from category 7 to no more than 15% of all programming broadcast between 9:00 p.m. and midnight. Conditions of licence to that effect are set out in the appendix to this decision. Accordingly, the Commission is satisfied that the proposed nature of service for Vrak Junior and the restrictions proposed by the applicant are sufficiently specific to ensure that the service will not be directly competitive with any analog pay or specialty or existing Category 1 service.

5.

The Commission notes that the service proposed by the applicant will be targeted to a pre-school audience, VRAK.TV is targeted to children aged 9 to 14 years, and TELETOON/TÉLÉTOON does not have a specific target audience. However, the applicant pointed out that 90% of all TELETOON/TÉLÉTOON programming is devoted to programs drawn from categories 7(d) and 7(e). The Commission notes that the applicant is the licensee of VRAK.TV and TELETOON/TÉLÉTOON.

6.

The Commission is satisfied that the applicant's proposed nature of service is sufficiently specific to ensure that the service will not be directly competitive with the above-mentioned services. The Commission further notes that it did not receive any interventions opposing this application.

7.

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 Astral Broadcasting Group Inc. for a broadcasting licence to operate the national, French-language Category 2 specialty programming undertaking, Vrak Junior.

8.

The licence will expire 31 August 2012, 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

9.

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 27 March 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 2006-98

 

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.

2. The licensee shall provide a national, French-language Category 2 specialty programming service that offers programming dedicated to children aged two to six years, except between 9:00 p.m. and midnight, when the schedule may include programs of interest to parents of pre-school children.

 

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.

 

2 (a) Analysis and interpretation
(b) Long-form documentary
5 (a) Formal education and pre-school
(b) Informal education/Recreation and leisure
7 Drama and comedy
(a) Ongoing drama 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
(f) Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
(g) Other drama
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
9 Variety
10 Game shows
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. No more than 10% of all programming broadcast during the broadcast week shall be drawn from categories 8(a), 8(b) and 8(c).

 

5. No more than 15% of all programming broadcast between 9:00 p.m. and midnight shall be from category 7. These programs shall address subjects of interest to parents of pre-school children.

  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: 2006-03-27