Canadian Radio-television and Telecommunications Commission
Symbol of the Government of Canada

Letter

Ottawa, 18 July 2012

Ms. Susan Wheeler
Vice-President
Regulatory Affairs, Media
Rogers Broadcasting Limited
333 Bloor Street East
Toronto, Ontario M4W 1G9
E-mail:Susan.wheeler@rci.rogers.com

Re: Non-Compliance of G4Tech TV (case # 569348)

Dear Ms. Wheeler,

In Broadcasting Decision 2011-447, the Commission determined that G4Tech TV(G4) was out of compliance with its condition of licence setting out its nature of service definition. The Commission also noted considerable program sharing between G4 and Outdoor Life Network (OLN), despite the fact that the two Category A’s operate under very different natures of service. Rogers Broadcasting Limited(Rogers) was directed to report to the Commission by 1 March 2012 outlining the measures it had taken to come into compliance, or to submit another appropriate proposal.

Rogers submitted an initial report on 1 March 2012 and a response to deficiency questions on
23 April 2012 outlining the steps it had taken to ensure that G4 was now in compliance with its nature of service condition of licence.

The Commission has reviewed Rogers’ submissions and notes that program sharing between G4 and OLN appears to have ceased, and that certain problematic programs such as “The Office” and “How I Met Your Mother” have been removed. However, the Commission is still concerned with respect to other programming offered by G4 and directs it to rectify this ongoing problem.

Specifically, the Commission has determined that a considerable portion of G4’s schedule continues to be inconsistent with its nature of service condition of licence, which states that “the licensee shall provide a national, English-language specialty Category A service consisting exclusively of programming related to computing, technology and the Internet”. While the addition of “IT Crowd” fits well within G4’s nature of service, the majority of the programs in the Adult Digital Distraction (ADD) block of programming, such as “Delocated”, “NTSF:SD:SUV” and “Eagleheart” as well as “Campus PD”, do not comply with G4’s nature of service definition.

With respect to the programming originating from the US Adult Swim service, in the letter sent to the Commission dated 23 April 2012, Rogers stated that, “Adult Swim’s programming targets college students and those in their twenties and thirties – a demographic immersed in technology and the internet commonly referred to as the Digital Generation. The Commission considers that programming related to the “Digital Generation”, which targets the demographic described above, represents an extremely broad range of programming and one that is far more expansive than G4’s nature of service, which must consist exclusively of programming involving computing, technology and the Internet.

For the reasons outlined above, the Commission finds that G4 remains out of compliance with its nature of service condition of licence, and orders G4 to come into full compliance by no later than 1 September 2012. The specific programs that the Commission considers inconsistent with G4’s nature of service are set out in the appendix to this letter. The Commission will take G4’s non-compliance into account when considering any future applications regarding this service.

If the service remains out of compliance after the above date, the Commission will implement enforcement measures, which may include a mandatory order hearing.

All correspondence must be submitted by using our On-line services available on our website via the following link:

http://support.crtc.gc.ca/crtcsubmissionmu/forms/Broadcasting.aspx?lang=e

In the Description box, please repeat the “subject” line for all related correspondence concerning this matter, and quote case # 569348.

Please be advised that this letter and all related correspondence will be placed on the public file.

Yours sincerely,

 

John Traversy
Secretary General


APPENDIX

On Current Schedule

1. Campus PD
2. Delocated
3. Eagleheart
4. Metalocalypse
5. NTSF:SD:SUV
6. Superjail!
7. Tim and Eric Awesome Show, Great Job!