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ARCHIVED -  Broadcasting Decision CRTC 2007-41

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Broadcasting Decision CRTC 2007-41

  Ottawa, 30 January 2007
  YTV Canada, Inc.
Across Canada
  Application 2005-1259-2
Public Hearing in the National Capital Region
14 November 2006
  The Anime Channel - 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 YTV Canada, Inc. for a broadcasting licence to operate a new Category 21 specialty programming undertaking to be known as The Anime Channel.

2.

The applicant proposed to offer a service that would consist of the animated programming genre known as "anime" and anime-related programming. The programming would be targeted exclusively to adults over the age of 18.

3.

All of the programming would be drawn from the following categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990: 2(a) Analysis and interpretation; 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(g) Other drama; 11 General entertainment and human interest; 12 Interstitials; 13 Public service announcements; and 14 Infomercials, promotional and corporate videos.

4.

The applicant stated that a minimum of 65% of programming broadcast during the broadcast year would be devoted to anime programs and a maximum of 35% to anime-related programs.

5.

The applicant also proposed that a minimum of 85% of the programming would be drawn from categories 7(d), 7(e) and 7(g). Not more than 15% of the program schedule would be dedicated to information-based programs that explore the world of the anime fan.
 

Interventions

6.

The Commission received interventions in support of this application. In addition, two interveners submitted comments related to the genre of anime and the desirability of a French-language version of this service.
 

Commission's analysis and determination

7.

The Commission has noted the views expressed by the interveners.

8.

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 YTV Canada, Inc. for a broadcasting licence to operate the national English-language Category 2 specialty programming undertaking, The Anime Channel.

9.

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.

10.

The Commission reminds the applicant that, if it wishes to enter at any time into an agreement with non-Canadian independent producers regarding the supply of programming or the use of a licence trademark, it must comply at all times with the Direction to the CRTC (Ineligibility of non-Canadians), P.C. 1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998 (the Direction). Accordingly, the Commission is imposing a condition of licence, as set out in the appendix to this decision, that requires the licensee to file, for the Commission's review, a copy of any programming supply agreement or licence trademark agreement it intends to enter into with a non-Canadian party, in order to ensure that the licensee complies at all times with the Direction.
 

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:
 
  • 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 30 January 2010. 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 2007-41

 

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 English-language Category 2 specialty programming service devoted to entertaining Canadian adults through the animated programming genre know as "anime" and anime-related programming. The programming shall be targeted exclusively to adults over the age of 18.

 

3. The programming shall be drawn exclusively from the following categories, as set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

 

2 (a) Analysis and interpretation
7 (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
(g) Other drama
11 General entertainment and human interest
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. The licensee shall devote not less than 65% of the broadcast year to anime programs.

 

5. The licensee shall devote not more than 35% of the broadcast year to anime-related programs.

 

6. The licensee shall devote not less than 85% of the broadcast year to programming from categories 7(d), 7(e) and 7(g), with no more than 15% of the broadcast year dedicated to information based programs.

 

7. In order to ensure that the licensee complies at all times with the Direction to the CRTC (Ineligibility of non-Canadians), P.C. 1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998 (the Direction), the licensee shall file, for the Commission's prior review, a copy of any programming supply agreement and/or licence trademark agreement it intends to enter into with a non-Canadian party.

  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.
  Footnotes:

[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: 2007-01-30