ARCHIVED - Broadcasting Decision CRTC 2011-760
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Route reference: 2011-427
Additional reference: 2011-427-1
Ottawa, 8 December 2011
Education Through Media
Application 2011-0783-9, received 5 May 2011
Public hearing in the National Capital Region
19 September 2011
Dolobox Television – Specialty Category B service
The Commission approves an application for a broadcasting licence to operate a new specialty Category B service.
The Commission denies the applicant’s request relating to the broadcast of local advertising.
1. Education Through Media (ETM) filed an application for a broadcasting licence to operate Dolobox Television, a national, English-language specialty Category B service that would be dedicated to the broadcast of user-generated content ranging in length from 30 to 60 minutes. ETM indicated that no less than 80% of the content would be user-generated content created by participants in the Dolobox Television Initiative, a youth engagement program developed by the applicant. Programming would cover a wide range of topics and subject matter and would provide a place for young adults to get connected and stay current. The service would provide content directed to young adults and would address a wide range of national and global issues, including technology, fashion, music, the environment, politics, sports and finance. The Commission did not receive any interventions in connection with this application.
2. ETM is a not-for-profit corporation controlled by its board of directors.
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, 5(a), 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(e), 7(f), 8(a), 8(b), 8(c), 9, 10, 11, 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 the following conditions of licence:
No more than 15% of all programming broadcast during the broadcast week shall be drawn from program categories 7(a), 7(b) and 8(c) combined;
No more than 15% of all programming broadcast during the broadcast quarter shall be drawn from program category 7(c).
5. ETM requested that, of the 12 minutes of advertising material permitted during each clock hour, it be authorized to broadcast up to 6 minutes of local advertising.
Commission’s analysis and decisions
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 Education Through Media for a broadcasting licence to operate the national, English-language specialty Category B service, Dolobox Television. The terms and conditions of licence are set out in the appendix to this decision.
7. With respect to ETM’s request to broadcast local advertising, the Commission notes that Dolobox Television does not qualify to offer local advertising since it would not be broadcasting local or regional programming, and because it is not an ethnic or third-language service. Consequently, the Commission denies the applicant’s request for authority to broadcast up to six minutes per hour of local advertising.
8. The Commission reminds the applicant that distribution of this service is subject to the requirements set out in the Broadcasting Distribution Regulations.
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
Amendments to certain Regulations made under the Broadcasting Act to add a new program category “Reality television”, Broadcasting Regulatory Policy CRTC 2011-401, 30 June 2011
Standard conditions of licence, expectations and encouragements for Category B pay and specialty services, Broadcasting Regulatory Policy CRTC 2010-786, 25 October 2010
Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services – Regulatory policy, Broadcasting Public Notice CRTC 2008-100, 30 October 2008
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 2011-760
Terms and conditions of licence for the specialty Category B service Dolobox Television
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 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 2018.
The applicant must file, within 12 months of the date of this decision, an executed copy of its amended by-laws ensuring that it will be in compliance at all times with the Direction to the CRTC (Ineligibility of Non-Canadians).
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 dedicated to the broadcast of user-generated content ranging in length from 30 to 60 minutes. Programming shall cover a wide range of topics and subject matter and shall provide a place for young adults to get connected and stay current. The service will provide content directed to young adults and will address a wide range of national and global issues, including technology, fashion, music, the environment, politics, sports and finance.
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:
2 (a) Analysis and interpretation
(b) Long-form documentary
3 Reporting and actualities
5 (a) Formal education and pre-school
(b) Informal education/Recreation and leisure
6 (a) Professional sports
(b) Amateur sports
7 (a) Ongoing dramatic series
(b) Ongoing comedy series (sitcoms)
(c) Specials, mini-series or made-for-TV feature films
(e) Animated television programs and films
(f) Programs of comedy sketches, improvisation, unscripted works, stand-up
8 (a) Music and dance other than music video programs or clips
(b) Music video clips
(c) Music video programs
10 Game shows
11 (a) General entertainment and human interest
(b) Reality television
13 Public service announcements
14 Infomercials, promotional and corporate videos
4. No more than 15% of all programming broadcast during the broadcast week shall be drawn from program categories 7(a), 7(b) and 8(c) combined.
5. No more than 15% of all programming broadcast during the broadcast quarter shall be drawn from program category 7(c).
6. The service approved hereby is designated as a Category B service.
For the purposes of the conditions of this licence, “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 no 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.
 In Broadcasting Regulatory Policy 2011-401, the Commission formally announced that it had amended program category 11 to add a new category 11(b) Reality television. Consistent with this change, the Commission has added an authorization to broadcast programming from both 11(a) General entertainment and human interest and the new 11(b) program category.
 “Local advertising” is advertising that does not fall within the definition of national or regional advertising, i.e., advertising to persons who provide goods or services in more than one market and/or province.
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