Application to obtain a broadcasting licence to carry on a pay-per-view (PPV) programming undertaking

General instructions

Filing

File electronically via Access Key by attaching the application to the Cover page. Access Key allows secure transmissions to the Commission and also authenticates your identity. Therefore, a signature is not required. Applicants who file their application in this manner are not required to submit a hard copy of the application and its related documents.

Applicants who cannot send their application electronically with the Access Key service or who need further information relative to the CRTC processes can contact the Commission at 1-877-249-CRTC (2782).

Instructions

The following questionnaire is in HTML format and may be downloaded to the word processing software of your choice. This enables you to complete the downloaded questionnaire by inserting your response in bold letters immediately following the question. You may add lines to the tables if necessary but do not alter or delete any text from the questionnaire.

The application must be divided into sections as set out in the questionnaire, and include the numbered questions followed by the corresponding response. Responses must be provided, at a minimum, in a size 10 font.

Naming convention for the electronic documents

The following documents should be submitted as separate electronic documents using the naming convention specified below. The document number (Doc#) indicates the ascending order in which the documents should appear on the public file.

Table 1 - Naming convention for the electronic documents
Document	Electronic file name
The Covering Letter (if any)	APP - Doc1 - Cover Letter
The Application Form	APP - Doc2 - Application form
Appendix 1 (optional)	APP - Doc3 - Appendix 1 - Supplementary brief
Appendix 2A	APP - Doc4 - Appendix 2A - Ownership information
Appendix 2B	APP - Doc5 - Appendix 2B - Control statement and agreements
Appendix 2C	APP - Doc6 - Appendix 2C - Corporate documents
Each confidential document	NOT WEB - APP - Doc# - CONFDOC - "brief description of the document"
Abridged version of each confidential document	APP - Doc# - ABRIDGED VERSION - "same description of document for which confidentiality is requested"
Additional documents	APP - Doc# - "brief description of the document"

The Commission may return the application if it has not been duly completed or if the required technical documentation has not been filed with Industry Canada. The onus will be on the applicant to submit a clear application that provides all of the relevant information, identifies all regulatory issues raised in the application and provides supporting documentation.

Canadian Radio-television and Telecommunications Commission

Application to obtain a broadcasting licence to carry on a pay-per-view (PPV) programming undertaking

1. General information

Name of service (if any): ________________

Type of undertaking:
National ( ) Regional ( )
If regional, specify:_________

Terrestrial PPV ( ) Direct-to-home (DTH) PPV ( )

Location of undertaking: _______________

Broadcast area: _____________

1.1 Identification of proposed licensee (hereinafter the applicant)

Individual ( ) Company ( ) Company to be incorporated ( ) Other ( )
If other, specify: _____

Name:
Address:
Facsimile:
Email:

Contact person representing the applicant (if there is no designated representative under question 1.2)

Name:
Title:
Telephone:

Please indicate the email address and Facsimile number that should be specified in a Notice of Consultation, for service of interventions.

Email:
Facsimile:

1.2 Appointment of designated representative

I, _________________________, the applicant, hereby appoint _____________________ as my designated representative for and on my behalf and in my name to sign, file and complete (if necessary) an application with the Canadian Radio-television and Telecommunications Commission and to sign and file a reply with respect thereto and I do hereby ratify, confirm, and adopt as my own act, such application and all replies made thereto.

Date:
At:
Signature (not required if submitting electronically):
Address of designated representative:
Title:
Telephone:
Facsimile:
Email:

1.3 Declaration of the applicant or its designated representative

I, ___________________________________ solemnly declare that:

I am the designated representative of the applicant named in this Application Brief and as such have knowledge of all matters declared therein.
The statements made in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) to the best of my knowledge and belief true in all respects.
The opinions and estimates given in this application, or any document filed pursuant to any request for further information by the Commission, are (will be) based on facts as known to me.
I have examined the provisions of the Broadcasting Act and the broadcasting regulations relevant to this application.

And I have signed
Signature (not required if submitting electronically):
Date:

Witnessed by
Signature (not required if submitting electronically):
Name (Printed):
Date:
At:

1.4 Location(s) where the application may be examined

Set out the applicant’s website address or, if the application is not posted on their website, the email address where an electronic copy of the application may be requested :

Website:
Example: www.mycompany.com

Email:
Example: no-reply@no-reply.com

1.5 Procedural request

The Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure allow an interested person to request that the Commission exercise a power under the Rules of Procedure or change the Rules of Procedure for a specific proceeding (sections 5 and 7). This is generally called a procedural request. You may consult the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and the Guidelines on the CRTC Rules of Practice and Procedure, Broadcasting and Telecom Information Bulletin CRTC 2010-959, 23 December 2010, for more information.

Is the applicant requesting that the Commission make an exception to its Rules of Procedure in the treatment of this application?

Yes ( ) No ( )

If yes, please indicate which section of the Rules of Procedure you wish to vary, and provide a detailed rationale as to why this request should be granted :

2. Ownership

2.1 Ownership information

Appendix 2A: All applicants must complete section a) of the appendix but may be exempt from completing section b).

To complete Appendix 2A, click any of the links of Section 2.

The applicant:
The entity applying to obtain a broadcasting licence to operate a Pay-per-View (PPV) Programming Undertaking;
The Shareholder Corporations:
The parent corporation, the corporations which form part of the control chain, and all corporations or legal entities listed in a table 2.2, holding directly or indirectly 10% or more of the voting interest of the corporation to which the table 2.2 pertains.

You may be exempt from completing this section if all ownership information for each of the entities that form part of the control chain has been supplied within the last 12 months from the date of this application and accepted as satisfactory by the Commission. You must also ensure that:
1. no changes have occurred since the last filing that would be subject to a notification requirement or prior approval by the Commission pursuant to the Regulations;
2. no amalgamation has occurred; and
3. the exemption statement in section a) of Appendix 2A has been completed.

2.2 Control statement and agreements

Append as Appendix 2B:

A Statement regarding who controls/will control the licensee and by what means. If the control is to be held by a shareholder corporation, also advise who controls/will control it and by what means.
If applicable, attach all related documents, such as Shareholders Agreement, Voting Trust Agreement, Local Management Agreement, Management Agreement, etc. Provide a draft copy where an executed copy is not available.

2.3 Corporate documents

Append as Appendix 2C, a copy of all constituting documents (for example, Certificate and Articles of Incorporation, Amendment or Amalgamation, By-Laws, Partnership Agreement, etc.), that are not already on file with the Commission

For the applicant; if not yet incorporated, provide draft documents
For the parent corporation and for each corporation or other legal entity listed in table 2.2 of an Appendix 2A, holding directly or indirectly 20% or more of the voting interest of the corporation to which the table 2.2 pertains.

3. Technical information

3.1 Brief summary for delivery of service

Provide a brief summary, from a technical perspective, describing how the proposed service will be delivered to the subscriber, what equipment is needed to deliver the proposed service, and what studio/production facilities, if any, are required.

4. Programming

4.1 Nature of service

Language:

Table 2 - Language of service
Language	Percentage (%)
English
French
Other(s):
(Specify the language)

If the proposed service will target an ethnic group, please indicate % of ethnic programming as defined in Ethnic broadcasting policy, Public Notice CRTC 1999-117, 16 July 1999: ___________%.

4.2 General information on the nature of the service

Provide a brief description of the proposed service which you would accept as a condition of licence with reference to the programming categories set out in Definitions for television program categories, Broadcasting Regulatory Policy CRTC 2010-808, 1 November 2010.

Indicate the program categories from which programming will be drawn (as defined in Definitions for new types of priority programs; revisions to the definitions of television content categories; definitions of Canadian dramatic programs that will qualify for time credits towards priority programming requirements, Public Notice CRTC 1999-205, 23 December 1999):

Table 3 - Categories of programming
Categories of programming	Yes/No
1 - News
2a - Analysis and interpretation
2b - Long-form documentary
3 - Reporting and actualities
4 - Religion
5a - Formal education and pre-school
5b - Informal education/recreation and leisure
6a - Professional sports
6b - Amateur sports
7a - On-going dramatic series
7b - On-going comedy series (sitcoms)
7c - Specials, mini-series, and made-for-TV feature films
7d - Theatrical feature films aired on television
7e - Animated television programs and films
7f - Programs of comedy sketches, improvisations, unscripted works, stand-up comedy
7g - Other drama
8a - Music and dance other than 8b or 8c
8b - Music video clips
8c - Music video programs
9 - Variety
10 - Game shows
11a - General entertainment and human interest
11b - Reality television (will come into effect with the publication of the new policy for Category B services)
12 - Interstitials
13 - Public service announcements (PSA)
14 - Infomercials, promotional and corporate videos
15 - Filler programming

4.3 Canadian content

Provide a sample list of titles, indicating the program category of each. Please indicate all in-house productions with a "p", co-productions with a "c", acquired productions with an "a", closed captioned programs with a "cc" and described programs with a "d".
As set out in Program log requirements for pay-per-view programming undertakings, Broadcasting Public Notice CRTC 2006-128, 29 September 2006, the Commission invited PPV licensees to apply for a condition of licence that would exempt them from the requirement to provide program logs for all the material broadcast by their respective undertaking (sections 4(1), 4(2) and 4(3) of the Pay Television Regulations, 1990). The exception is subject to the requirement that the licensee/applicant make a commitment to abide by a condition of licence stipulating that it maintain for a period of one year, and to submit to the Commission, upon request, a detailed list of programs broadcast on each channel.

The list must identify each program broadcast; its key figure; its programming category; if the program is an event; the language of the program; if it is Canadian or non-Canadian; if captioning and/or video description is available; if it is produced by the licensee; and the times and dates of broadcast.

Please confirm that you will abide by this condition of licence.

Yes ( ) No ( )

Provide the number of Canadian titles to be made available to customers on a weekly, monthly and yearly basis:

Table 4 - Number of Canadian titles available
Type of programming	Weekly	Monthly	Yearly
Feature films
All other programming

Provide the overall number of titles to be made available to customers on a weekly, monthly and yearly basis.

Table 5 - Number of overall number of titles available
Type of programming	Weekly	Monthly	Yearly
Feature films
All other programming

Provide, as a percentage of total offerings, the number of non-Canadian titles, by country of origin, to be exhibited each year of the proposed licence term.

Table 6 - Number of non-Canadian titles to be exhibited each year of the proposed licence term
Country of origin	Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7
United States
United Kingdom
France
Other (Specify: )

Will the exhibition window given to Canadian titles be at least equal to the minimum window given to non-Canadian titles?

Yes ( ) No ( )

If no, provide a rationale.
Will Canadian titles be available evenly during all time periods (week, month, year) within which the proposed service is to operate?

Yes ( ) No ( )

If no, provide a rationale.
Performance of Canadian titles
1. Will the proposed service continue to exhibit any Canadian title that is performing as well, or better than, any non-Canadian title that is also offered at the same time?
  
  Yes ( ) No ( )
2. Describe how the level of performance will be measured.
Will Canadian titles be marketed and promoted as much as non-Canadian titles?

Yes ( ) No ( )
The applicant accepts, by condition of licence, to maintain availability of the following minimum levels of Canadian Content:
1. If the licensee offers English-language programming, the licensee shall ensure that its agreements with the operators of licensed or exempt terrestrial distribution undertakings operating in non-francophone markets provide that, in each broadcast year, the following is made available by these licensees to their PPV subscribers:
  - a minimum of 12 Canadian feature films (including all new Canadian feature films suitable for PPV exhibition that meet the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services);
  - a minimum of four English-language Canadian-based events; and
  - yearly minimum percentages of Canadian programming as follows: 5% of feature film titles, and 20% of all program titles other than feature films.
  Yes ( ) No ( )
2. If the licensee offers French-language programming, the licensee shall ensure that its agreements with the operators of licensed or exempt terrestrial distribution undertakings operating in francophone markets provide that, in each broadcast year, the following is made available by these licensees to their PPV subscribers:
  - a minimum of 20 Canadian feature films in the original French-language version, or dubbed in French, which have been exhibited in theatres in French-language markets, including all new Canadian feature films suitable for PPV exhibition that meet the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services;
  - a minimum of six French-language events in each of years one and two of operation, eight in each of years three and four; ten in each of years five and six; and twelve in year seven of operation; and
  - yearly minimum percentages of Canadian programming as follows: 8% of feature film titles, and 20% of all program titles other than feature films.
  Yes ( ) No ( )
If no to any of the above, provide an alternative and explain rationale.

4.4 Canadian expenditure

Please indicate the name(s) of the independently-administered production fund(s) to which 5% of your annual gross revenues will be contributed.
The applicant accepts, by condition of licence, the following financial commitment:
- 5% of gross annual revenues will be given to an existing independently-administered Canadian program production fund.
- Will remit 100% of gross revenues earned from exhibition of all Canadian films to their rights holders.
Yes ( ) No ( )

If no, provide an alternative and explain rationale.

4.5 Programming policies

Note: Applicable to all channels, including any barker or preview channel.

Does the applicant intend to purchase any programming on an exclusive basis?

Yes ( ) No ( )

If yes, justify.
In Introductory statement to Decisions CRTC 2000-733 to 2000-738: Licensing of new video-on-demand and pay-per-view services, Public Notice CRTC 2000-172, 14 December 2000, the Commission stated that PPV services offering programming packages must ensure that the total period during which the programming is to be viewed does not exceed one week. However, in light of the likely competitive pressure on PPV services to experiment arising from the launch of VOD services, the Commission considered it important that PPV services have as much packaging flexibility as VOD services.

The Commission noted that some packages of events programming, such as seasonal sports or a Christmas concert series, make attractive programming packages that naturally continue longer than one week. Such programming is particularly appropriate for PPV services. Therefore, for this reason, the Commission stated that it would not apply the limitation of one week to packages that are exclusively comprised of events. However, the Commission stated that events programming must be limited to the events themselves and not include "wrap-around" programming that would tend to give the package the characteristics of a specialty service.

Please confirm that all programming packages will not exceed one week with the exception of events as noted above.

Yes ( ) No ( )
Do you intend to distribute adult films or other adult programming on your proposed service? The Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services (the Industry Code) appended to Industry code of programming standards and practices governing pay, pay-per-view and video-on-demand services , Broadcasting Public Notice CRTC 2003-10, 6 March 2003 (Public Notice CRTC 2003-10), defines adult programming as any program that constitutes an "Adult Sex Film" under the Detailed Adult Sex Guidelines established by the Ontario Film Review Board, as amended from time to time.

Yes ( ) No ( )

If yes, please provide a proposed internal policy on adult programming as set out in Broadcasting Public Notice CRTC 2003-10.

4.6 Industry Codes

The applicant accepts, by condition of licence to adhere to:

the Industry Code of Programming Standards and Practices governing pay, pay-per-view and video-on-demand services (Industry code of programming standards and practices governing pay, pay-per-view and video-on-demand services , Broadcasting Public Notice CRTC 2003-10, 6 March 2003), as amended from time to time and approved by the Commission.

Yes ( ) No ( )
the Pay Television and Pay-Per-View Programming Code Regarding Violence (The pay television and pay-per-view programming code regarding violence, Public Notice CRTC 1994-155, 21 December 1994), as amended from time to time and approved by the Commission.

Yes ( ) No ( )
the Canadian Association of Broadcasters' Equitable Portrayal Code (Equitable Portrayal Code, Broadcasting Public Notice CRTC 2008-23, 17 March 2008), as amended from time to time and approved by the Commission (to be suspended as long as the licensee is a member in good standing of the Canadian Broadcast Standards Council).

Yes ( ) No ( )

Is the licensee a member in good standing of the Canadian Broadcast Standards Council?

Yes ( ) No ( )

4.7 Cultural diversity

Confirm that the proposed service will not exhibit any commercial messages (excluding network identifications, public service announcements, production credits, promotions of service and promotions of programs to be exhibited) on any channel of the proposed service.

Yes ( ) No ( )
Describe how the proposed programming will reflect the presence of cultural, ethnic, and racial minorities and Aboriginal peoples in Canada, in a manner that is accurate, fair and non-stereotypical.

4.8 Accessibility

The applicant will adhere to the standard conditions of licence and expectations set out below by condition of licence.

Yes ( ) No ( )

If no, specify the conditions or expectations you propose to amend with a detailed rationale in support of any such amendment, including, where appropriate financial evidence to support any exception to the standard conditions and expectations, and proposed wording for alternative conditions or expectations.

Accessibility requirements

Conditions of licence
1. The licensee shall caption 100% of the English- and French-language programs in its inventory, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.
2. The licensee shall adhere to the quality standards on closed captioning developed by the television industry’s working groups, as amended from time to time and approved by the Commission.
3. The licensee shall have a monitoring system in place to ensure that, for any signal that is closed captioned, the correct signal is captioned, the captioning is included in its broadcast signal, and this captioning reaches, in its original form, the distributor of that signal. “Original form” means, at a minimum, that the captioning provided by the licensee reaches the distributor unaltered, whether it is passed through in analog or in digital, including in high definition.
Expectations
1. When captions are available, the Commission expects the licensee to provide viewers with a captioned version of all advertising, sponsorship messages and promos.
2. The Commission expects the licensee to acquire and make available described versions of programming, where possible, and to ensure that its customer service responds to the needs of persons with a visual impairment, as set out in Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009 430, 21 July 2009.
3. In regard to described programming, the Commission expects the licensee to:
  - display a standard described video logo and air an audio announcement indicating the presence of described video before the broadcast of each described program; and
  - make information available regarding the described programs that it will broadcast.
4. The Commission expects the licensee to provide an audio description of all programming that provides textual or graphic information, including programming broadcast on the barker channel.

4.9 Distribution/affiliation

Provide a list of the various affiliates to the proposed service and indicate those who have already agreed to carry the proposed service.
Table 7 - Affiliates and carriage
Affiliate Carriage of service agreement (yes/no)
Does the agreement with affiliates include the maintenance of a record of the service's programming distributed by each affiliate?

Yes ( ) No ( )

If no, explain.
Does the agreement with the service's affiliates include the necessity to distribute the closed captioned and/or described portion of the signal?

Yes ( ) No ( )

If no, explain.
For a terrestrial PPV service only
The applicant accepts, by condition of licence, not to enter into an affiliation agreement with the licensee of a terrestrial distribution undertaking unless the agreement incorporates a prohibition against the linkage of the licensee's PPV service with any non-Canadian discretionary service.

Yes ( ) No ( )

If no, explain.
For a DTH PPV service only
The applicant accepts, by condition of licence, not to enter into an affiliation agreement with the licensee of a DTH distribution undertaking unless the agreement incorporates a prohibition against the linkage of the licensee's PPV service with any non-Canadian discretionary service.

Yes ( ) No ( )

If no, explain.

5. Employment equity

Information relating to employment equity is available in Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992 and Amendments to the Commission's Employment Equity Policy , Public Notice CRTC 1997-34, 2 April 1997.

5.1 General questions on employment equity

If the proposed undertaking is approved, will the licensee be subject to the Employment Equity Act (applicable to federally-regulated employers with 100 or more employees)?

Yes ( ) No ( )

If yes, do not complete the remainder of this section.
If no, proceed to question 5.1b).
If the undertaking is approved, will the licence be held by a licensee that already holds one or more broadcasting licence(s)?

Yes ( ) No ( )

If yes, proceed to question 5.1c).
If no, proceed to question 5.3.
Outline examples of any measures (including hiring and training, apprenticeship programs, work arrangements, etc.) that you have or will put in place for the designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities).

5.2 Answer questions 5.2 a) to c) if the licensee has between 25 and 99 employees

How do you or will you communicate details of your employment equity policies to managers and staff?
Have you assigned or will you assign a senior level person to be responsible for tracking progress and monitoring results?

Yes ( ) No ( )

If yes, what authority does or will that person have to ensure goals are achieved?
What financial resources have you or will you put in place to promote employment equity in the workplace (for example, funds for daycare, access for persons with disabilities, etc.)?

5.3 Answer questions 5.3 a) and b) if the response to question 5.1b) is no

To what extent will the proposed undertaking address the equitable representation of the four designated groups (women, Aboriginal peoples, persons with disabilities and visible minorities)?
Does the proposed undertaking have an employment equity (EE) plan?

Yes ( ) No ( )

If yes, please describe the principal measures proposed to recruit and assist members of the four designated groups (for example, work arrangements, apprenticeship or training programs, career counselling, etc.).

If no, please provide a statement indicative of your commitment to develop and implement an effective EE plan.

6. Request for documents to be designated as confidential

Sections 30 to 34 of the Canadian Radio-television and Telecommunications Commission Rules of Practice and Procedure set out a process by which parties to Commission proceedings may file information on the record of a public proceeding in confidence.

A party filing information can “designate” it as confidential at the time it is filed with the Commission (section 31) if it falls into one of the following categories:

Information that is a trade secret
Financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or
Information the disclosure of which could reasonably be expected :
1. To result in material financial loss or gain to any person;
2. To prejudice the competitive position of any person; or
3. To affect contractual or other negotiations of any person.

At the time that the party files the information it designates as confidential, it must provide an abridged version of the document along with an explanation of how the information falls into a category of information listed in section 31. The party must provide a detailed rationale to explain why the disclosure of the information is not in the public interest (section 32(1)).

The confidential version of the document must be filed separately and must be marked “CONFIDENTIAL” on each page. If the document is filed electronically, each file containing confidential information must include “CONFIDENTIAL” in the file name.

The abridged version of the document and the reasons for the designation of information as confidential will be placed on the public record of the proceeding.

Please consult the Implementation of new Rules of Practice and Procedure, Broadcasting and Telecom Regulatory Policy CRTC 2010-958, 23 December 2010, and the Procedures for filing confidential information and requesting its disclosure in Commission proceedings, Broadcasting and Telecom Information Bulletin CRTC 2010-961, 23 December 2010, for complete process for filing confidential information.

6.1 Request for documents to be designated as confidential

Are you requesting for some information to be designated as confidential?

Yes ( ) No ( )

If yes, you must provide a detailed rationale to explain why the disclosure of the information is not in the public interest :

Book of supporting documents

Table 8 - Supporting documents
Appendix number and name	Appended (Yes or No)	Electronic file name
Section 1: General information
Appendix 1: Supplementary brief (optional)
Section 2: Ownership
Appendix 2A: Ownership information
Appendix 2B: Control statement and agreements
Appendix 2C: Corporate documents
Documents attached to the application to be classified as confidential

Abridged versions of confidential documents

Additional documents

This document is available in alternative format upon request.
CRTC 112 (2011-04-01) - New PPV -
version française disponible

***End of Document***

Application to obtain a broadcasting licence to carry on a pay-per-view (PPV) programming undertaking

General instructions

Filing

Instructions

Naming convention for the electronic documents

Canadian Radio-television and Telecommunications Commission

Application to obtain a broadcasting licence to carry on a pay-per-view (PPV) programming undertaking

1. General information

1.1 Identification of proposed licensee (hereinafter the applicant)

1.2 Appointment of designated representative

1.3 Declaration of the applicant or its designated representative

1.4 Location(s) where the application may be examined

1.5 Procedural request

2. Ownership

2.1 Ownership information

2.2 Control statement and agreements

2.3 Corporate documents

3. Technical information

3.1 Brief summary for delivery of service

4. Programming

4.1 Nature of service

4.2 General information on the nature of the service

4.3 Canadian content

Performance of Canadian titles

4.4 Canadian expenditure

4.5 Programming policies

4.6 Industry Codes

4.7 Cultural diversity

4.8 Accessibility

Accessibility requirements

4.9 Distribution/affiliation

For a terrestrial PPV service only

For a DTH PPV service only

5. Employment equity

5.1 General questions on employment equity

5.2 Answer questions 5.2 a) to c) if the licensee has between 25 and 99 employees

5.3 Answer questions 5.3 a) and b) if the response to question 5.1b) is no

6. Request for documents to be designated as confidential

6.1 Request for documents to be designated as confidential

Book of supporting documents