ARCHIVED - Broadcasting Decision CRTC 2013-43

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Route reference: 2012-475

Ottawa, 5 February 2013

Ethnic Channels Group Limited
Across Canada

Application 2012-0738-2, received 12 June 2012
Public hearing in the National Capital Region
7 November 2012

Mandarin Children’s TV – Specialty Category B service

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

The Commission also approves the applicant’s request relating to the broadcast of local and regional advertising.

The application

1. Ethnic Channels Group Limited (ECGL) filed an application for a broadcasting licence to operate Mandarin Children’s TV, a national niche third-language ethnic specialty Category B service that would offer programming directed to Mandarin-speaking children and youth from preschool age up to age 17. The Commission did not receive any interventions regarding this application.

2. ECGL is controlled by Slava Levin.

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: 2(a), 2(b), 3, 5(a), 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 8(b), 8(c), 9, 10, 11(a), 11(b), 12, 13 and 14.

4. ECGL proposed to broadcast no less than 90% of its programming in the Mandarin language. ECGL further requested that it be authorized to devote up to 6 of the 12 minutes of advertising material permitted during each clock hour to local and regional advertising.[1]

Commission’s analysis and decisions

5. 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 Notices 2005-104 and 2008-100 and Broadcasting Regulatory Policies 2010-786 and 2010-786-1. Furthermore, given that the service will offer no less than 90% of its programming during the broadcast week in the Mandarin language, the Commission is satisfied that the service falls under the definition of a third-language service set out in the Broadcasting Distribution Regulations (the Regulations).

6. Accordingly, the Commission approves the application by Ethnic Channels Group Limited for a broadcasting licence to operate the national niche third-language ethnic specialty Category B service Mandarin Children’s TV. The Commission also approves the applicant’s request for authorization to broadcast up to six minutes per hour of local advertising. The terms and conditions of licence are set out in the appendix to this decision.

7. The Commission notes that Mandarin Children’s TV will devote at least 90% of its program schedule to programming in the Mandarin language. In accordance with Broadcasting Public Notice 2005-104, the remainder of the program schedule (up to 10%) may be in one or both official languages. The Commission encourages the applicant to ensure that all such programming serves to promote Canada’s linguistic duality.

Reminder

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

Secretary General

Related documents

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2013-43

Terms, conditions of licence, expectations and encouragements for the specialty Category B service Mandarin Children’s TV

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 2019.

Conditions of licence

1. The licensee shall adhere to the conditions set out in Appendix 1 to 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, except for condition 7d), which will not apply, and condition 7a), which is replaced by the following:

Except as otherwise provided in subparagraphs b) and c), the licensee shall not broadcast more than 12 minutes of advertising material during each clock hour, no more than 6 minutes of which may consist of local and regional advertising.

For the purposes of this condition of licence, “local advertising” is advertising that does not fall within the definitions of national and regional advertising, i.e. advertising to persons who provide goods or services in more than one market and/or province.

2. In regard to the nature of service:

a) The licensee shall provide a national niche third-language ethnic specialty Category B service devoted to programming directed to Mandarin-speaking children and youth from preschool age up to age 17.

b) 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   Drama and comedy
     (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
     (e) Animated television programs and films
     (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

c) The licensee shall broadcast no less than 90% of all programming during the broadcast week in the Mandarin language.

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

For the purposes of the conditions of this licence, “broadcast day” refers to the 24-hour period beginning each day at 6 a.m. or any other period approved by the Commission.

Expectations

The standard expectations applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.

Encouragements

The standard encouragements applicable to this licensee are set out in Appendix 1 to 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, as amended from time to time.

The Commission encourages the licensee to ensure that the portion of the service’s program schedule that is broadcast in the English and/or French languages serves to promote Canada’s linguistic duality.

Footnote

[1] “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 or province.

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