ARCHIVED - Broadcasting Decision CRTC 2010-479
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Route reference: 2010-72
Additional reference: 2010-72-2
Ottawa, 15 July 2010
Application 2009-1589-5, received 23 November 2009
Public Hearing in the National Capital Region
14 April 2010
Canyon Technology – Category 2 specialty service
The Commission denies an application for a broadcasting licence to operate a new Category 2 specialty service.
1. Canyon.TV Incorporated (Canyon TV) filed an application for a broadcasting licence to operate Canyon Technology, a national, English- and French-language Category 2 specialty programming undertaking that would display technology, emerging technology trends, hardware and software, including technology infrastructure. The service’s programming would consist of a single video feed with complete audio tracks in each language and would include pre-recorded programming as well as live shows and events.
2. Canyon TV is wholly owned and controlled by Mr. Warren Walsh.
3. The Commission received one opposing intervention from an individual. The intervention and the applicant’s reply can be found on the Commission’s website at www.crtc.gc.ca under “Public Proceedings.” The Commission has considered the intervention and is of the view that it does not raise any substantive issues relating to this application.
4. After examining the application, the Commission considers that the primary issue arising from this application is whether the proposed service would be directly competitive with existing Category 1 or analog pay or specialty services.
Would Canyon Technology be directly competitive with existing Category 1 or analog pay or specialty services?
5. In Public Notice 2000-6, the Commission implemented a competitive, open-entry approach to licensing Category 2 services. While the Commission does not consider the impact that a Category 2 service might have on an existing Category 2 service, it does seek to ensure that Category 2 services do not compete directly with any existing Category 1 or analog pay or specialty service.
6. In Public Notices 2000-171 and 2000-171-1, the Commission adopted a case-by-case approach to determining whether a proposed Category 2 service should be considered directly competitive with an existing Category 1 service or an existing pay or specialty service other than a Category 2 service. The Commission examines each application in detail, taking into consideration the proposed nature of service and the unique circumstances of the genre in question.
7. In the present case, the Commission notes that the applicant proposed a nature of service definition that is very similar to that of the English-language Category 1 specialty service known as G4techTV (formerly TechTV) and the French-language analog specialty service known as Ztélé (formerly Canal Z). The Commission also notes that the applicant neither proposed nor established sufficient safeguards to prevent the proposed service from becoming directly competitive with these services. Accordingly, the Commission finds that the proposed service would be directly competitive with existing Category 1 or analog pay or specialty services.
8. In light of the above, the Commission denies the application by Canyon.TV Incorporated for a broadcasting licence to operate the national, English- and French-language Category 2 specialty programming undertaking to be known as Canyon Technology.
- Introductory statement – Licensing of new digital pay and specialty services, Public Notice CRTC 2000-171, 14 December 2000, as corrected by Introductory statement – Licensing of new digital pay and specialty services – Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001
- Licensing framework policy for new digital pay and specialty services, Public Notice CRTC 2000-6, 13 January 2000
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