ARCHIVED - Broadcasting Decision CRTC 2011-17
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Route reference: 2010-551
Ottawa, 11 January 2011
J. Thomas Murray, on behalf of a corporation to be incorporated
Application 2010-0547-1, received 31 March 2010
Public Hearing in Saskatoon, Saskatchewan
6 October 2010
Canadian Golf Network - CGN – Category 2 specialty service
The Commission approves an application for a broadcasting licence to operate a new Category 2 specialty service.
1. J. Thomas Murray, on behalf of a corporation to be incorporated filed an application for a broadcasting licence to provide Canadian Golf Network - CGN, a national, English-language Category 2 specialty programming undertaking devoted to in-depth analysis and coverage of all aspects of golf, from professional tours such as the PGA, the CBGA and the European Tour, to amateur events. The service would also offer educational programs, player profiles and golf news. The Commission did not receive any interventions in connection with this application.
2. The applicant will be equally controlled by the four shareholders of the parent corporation to be incorporated through their ability to each nominate a director on the board of directors.
3. The applicant proposed to draw programming for the service from the following program categories set out in Item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time: 1, 2(a), 2(b), 5(b), 6(a), 6(b), 7(c), 7(d), 7(g), 10, 11, 12, 13 and 14.
4. In order to assure that the proposed service would not be directly competitive with any existing Category 1 or analog pay or specialty services, the applicant agreed to accept the following conditions of licence:
The licensee may broadcast live PGA Tour events representing a maximum of 10% of its monthly schedule.
The licensee shall devote no more than 10% of its broadcast month to programming drawn from each of the following program categories: 2(b) and 7(d).
5. The applicant proposed to offer 50% of its programming in high definition (HD) format, and sought authority to offer a standard definition as well as an HD version of its proposed service.
6. The Commission is satisfied that the application complies with the frameworks set out in Public Notice 2000-6 and Broadcasting Public Notice 2008-100, with the approaches set out in Broadcasting Public Notices 2003-61 and 2006-74, and with all applicable terms and conditions set out in Public Notice 2000-171-1. Accordingly, the Commission approves the application by J. Thomas Murray, on behalf of a corporation to be incorporated for a broadcasting licence to operate the national, English-language Category 2 specialty programming undertaking Canadian Golf Network - CGN. The terms and conditions of licence are set out in the appendix to this decision.
7. The Commission reminds the applicant that distribution of this service is subject to the applicable distribution rules set out in Broadcasting Public Notice 2008-100.
Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory Policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008
Regulatory framework for the licensing and distribution of high definition pay and specialty services, Broadcasting Public Notice CRTC 2006-74, 15 June 2006
The regulatory framework for the distribution of digital television signals, Broadcasting Public Notice CRTC 2003-61, 11 November 2003
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
*This decision is to be appended to the licence.
Appendix to Broadcasting Decision CRTC 2011-17
Terms and conditions of licence for the Category 2 specialty programming undertaking Canadian Golf Network - CGN
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 filed an executed copy of the Shareholders’ Agreement;
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 and has provided the Commission with a launch date for the service. The undertaking must be operational at the earliest possible date and in any event no later than 48 months from the date of this decision.
The licence will expire 31 August 2017.
Conditions of licence
1. The licence will be subject to the conditions set 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 licence will be subject to the conditions set out in Implementation of the Accessibility Policy with respect to Category 2 pay and 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 in-depth analysis and coverage of all aspects of golf, from professional tours such as the PGA, the CBGA and the European Tour, to amateur events. The service will also offer educational programs, player profiles and golf news.
4. The programming shall be drawn exclusively from the following program categories 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
(b) Long-form documentary
5 (b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 Drama and comedy
(c) Specials, mini-series or made-for-TV feature films
(d) Theatrical feature films aired on TV
(g) Other drama
10 Game shows
11 General entertainment and human interest
13 Public service announcements
14 Infomercials, promotional and corporate videos
5. The licensee may broadcast live PGA Tour events representing a maximum of 10% of its monthly schedule.
6. The licensee shall devote no more than 10% of its broadcast month to programming drawn from each of the following program categories: 2(b) and 7(d).
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 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.
8. The licensee is authorized to make available for distribution a 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 versions of the service are the same, exclusive of commercial messages and of any part of the service carried on a subsidiary signal. Further, all of the programming making up the 5% allowance shall be provided in HD.
For the purposes of the conditions of this licence, including condition of licence 1, broadcast day refers to the 24-hour period beginning each day at 6 a.m. or any other period approved by the Commission.
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