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Route reference: 2010-72
Ottawa, 2 July 2010
Jay Switzer, on behalf of a corporation to be incorporated
Application 2009-1547-3, received 12 November 2009
Public Hearing in the National Capital Region
14 April 2010
2. The applicant indicated that no more than 25% of all programming broadcast during the broadcast week would be based on science fiction or fantasy themes.
3. Jay Switzer (OBCI) will be controlled by its majority shareholder, Mr. Jay Switzer.
5. The intervener opposed the application on the basis that the number of services devoted to men, women, action, adventure or romance offered in the market is sufficient to respond to the demand.
6. Jay Switzer considered that the intervention did not apply to this application and did not address the issue that the intervener raised.
*This decision is to be appended to the licence.
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 2 July 2013. 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.
2. The licence will be subject to the conditions set out in Implementation of the Accessibility Policy with respect to new Category 2 pay specialty services, Broadcasting Regulatory Policy CRTC 2010-355, 8 June 2010.
3. The licensee shall provide a national, English‑language Category 2 specialty programming service devoted to the entire genre of action and adventure, including selections from crime fiction, and epic and heroic drama. Programming will consist of theatrical movies and series, mini-series, made-for-television movies and classic films primarily driven by a fast-paced fictional plot featuring car chases, explosions, special effects, or martial arts. The service will also feature occasional magazine-style shows focusing on this genre and its stars. The programming will be provided in high definition format.
4. The programming shall be drawn exclusively from the following categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:
5. The licensee shall devote no more than 25% of all programming broadcast during the broadcast week to programs based on science fiction or fantasy themes.
6. 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 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.
7. The licensee is authorized to make available for distribution an upgraded version of its service in high definition (HD) format, provided that not less than 95% of the video and audio components of the upgraded and standard definition version of the service are the same, exclusive of the commercial messages and of any part of the service carried on a subsidiary signal. All of the programming making up the 5% allowance shall be provided in HD format.
For the purposes of the conditions of this licence, including condition of licence 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.