ARCHIVED - Broadcasting Decision CRTC 2011-705

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Route reference: 2011-427

Additional reference: 2011-427-1

Ottawa, 15 November 2011

Peter Clarke, on behalf of a corporation to be incorporated
Across Canada

Application 2011-0692-2, received 14 April 2011
Public hearing in the National Capital Region
19 September 2011

The Philanthropy Channel – Specialty Category B service

The Commission approves an application for a broadcasting licence to operate a new specialty Category B service.

The application

1.      Peter Clarke, on behalf of a corporation to be incorporated (OBCI), filed an application for a broadcasting licence to operate The Philanthropy Channel, a national, English-language specialty Category B service that would be devoted to programming that informs, entertains and inspires audiences about Canadian and international philanthropy, philanthropic causes and the philanthropists whose private work helps to bring about public benefits. The Commission did not receive any interventions in connection with this application.

2.      Peter Clarke (OBCI) will be a corporation controlled by its sole shareholder and sole director Peter Clarke.

3.      The applicant proposed to draw programming 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), 3, 7(a), 7(b), 7(c), 7(d), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11(a), 11(b), 12, 13 and 14.

4.      To ensure that the proposed service would not be directly competitive with existing Category A services, the applicant indicated that it would accept conditions of licence requiring it to devote no more than 10% of the programming broadcast each month to programming drawn from each of the above-noted categories and no more than 15% of such programming to programming drawn from program categories 7(a), 7(b), 7(c), 7(d), 7(f) and 7(g) combined.

Commission’s analysis and decision

5.      The Commission notes that the limits proposed by the applicant are consistent with those set out in Broadcasting Public Notice 2008-100, except for the proposed limits on the broadcast of programs from categories 8(b) and 8(c). The applicant stated that no more than 10% of the service’s programs would be drawn from each of these categories. However, Broadcasting Public Notice 2008-100 states that no more than 10% of the programs broadcast over the broadcast month shall be drawn from categories 8(b) and 8(c) combined. Accordingly, the Commission has imposed a condition of licence limiting programming from these categories as set out in Broadcasting Public Notice 2008-100.

6.      The Commission is satisfied that the application complies with all applicable policies, terms and conditions, including those set out in Public Notice 2000-6, Broadcasting Public Notice 2008-100 and Broadcasting Regulatory Policies 2010-786 and 2010-786-1. Accordingly, the Commission approves the application by Peter Clarke, on behalf of a corporation to be incorporated, for a broadcasting licence to operate the national, English-language specialty Category B service The Philanthropy Channel. The terms and conditions of licence are set out in the appendix to this decision.

Reminder

7.      The Commission reminds the applicant that distribution of this service is subject to the requirements set out in the Broadcasting Distribution Regulations.

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2011-705

Terms and conditions of licence for the specialty Category B service The Philanthropy Channel

Terms

A licence will be issued once the applicant has satisfied the Commission with supporting documentation that the following requirements have been met:

The licence will expire 31 August 2018.

Conditions of licence

1.      The licence will be subject to the conditions set out in Standard conditions of licence, expectations and encouragements for Category B pay and specialty services – Corrected Appendices 1 and 2, Broadcasting Regulatory Policy CRTC 2010-786-1, 18 July 2011.

2.      The licensee shall provide a national, English-language specialty Category B service devoted to programming that informs, entertains and inspires audiences about Canadian and international philanthropy, philanthropic causes and the philanthropists whose private work helps to bring about public benefits.

3.      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:

1   News
2   (a) Analysis and interpretation
     (b) Long-form documentary
3   Reporting and actualities
7   (a) Ongoing dramatic series
     (b) Ongoing comedy series (sitcoms)
     (c) Specials, mini-series or made-for-TV feature films
     (d) Theatrical feature films aired on TV
     (f)  Programs of comedy sketches, improvisation, 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 (a) General entertainment and human interest
     (b) Reality television
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

4.      The licensee shall devote no more than 10% of the programming broadcast each broadcast month to programming drawn from each of the following categories: 1, 2(a), 2(b), 3, 7(a), 7(b), 7(c), 7(d), 7(f), 7(g), 8(a), 9, 10, 11(a), 11(b), 12, 13 and 14.

5.      The licensee shall devote no more than 15% of the programming broadcast each broadcast month to programming drawn from categories 7(a), 7(b), 7(c), 7(d), 7(f) and 7(g) combined.

6.      The licensee shall devote no more than 10% of the programming broadcast each broadcast month to programming drawn from categories 8(b) and 8(c) combined.

7.      The service approved hereby is designated as a Category B service.

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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