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ARCHIVED - Broadcasting Decision CRTC 2010-109

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  Route reference: 2009-632

Additional reference: 2009-632-2

  Ottawa, 24 February 2010
  Soundview Entertainment Inc.
Across Canada
  Application 2009-1043-1, received 20 July 2009
 Public Hearing in the National Capital Region
14 December 2009
 

UTV Movies – Category 2 specialty service

  The Commission approves an application for a broadcasting licence to operate a new Category 2 specialty programming undertaking.
 

Introduction

1.

Soundview Entertainment Inc. (Soundview) filed an application for a broadcasting licence to operate UTV Movies, a national, third-language general interest Category 2 specialty service that would be devoted to feature films, made-for-TV movies, actor interviews, documentaries and similar movie-related programming. Not less than 90% of all programming broadcast during the broadcast week would be in the Hindi language. The applicant also 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 and regional advertising.

2.

Soundview is a corporation controlled by Soundview Broadcasting Canada Ltd. (SBCL), which owns 80% of its voting interest. SBCL is a corporation controlled by its board of directors whose principal shareholders are Kawar Shamshad and Babar Shakil Syed.
 

Intervention

3.

The Commission received an intervention to this application submitted on behalf of Asian Television Network International Limited. According to the intervener, UTV Movies would be more accurately categorized as a niche service rather than a general interest service. The intervener further argued that UTV Movies' nature of service definition should specify that programming shall consist "only" of feature films, made-for-TV movies, actor interviews, documentaries and similar movie-related programming.

4.

In response, Soundview agreed to amend its nature of service description to that of a niche service. The applicant submitted however, that its proposed nature of service is consistent with those of several other Category 2 services that are similar to UTV Movies including Hindi Movie Channel, ATN Hindi Movie Channel and DMG Hindi Movie and Entertainment.

5.

The intervention and the reply to the intervention can be found on the Commission's website at www.crtc.gc.ca under "Public Proceedings."
 

Commission's analysis and determinations

6.

The Commission is satisfied with the applicant's response to the intervention and considers that UTV Movies should be defined as a niche service. Moreover, the Commission is satisfied that the application complies with the framework set out in Public Notice 2000-6 and with all applicable terms and conditions announced in Public Notice 2000-171-1. Furthermore, given that the service will offer not less than 90% of its programming in a third language, the Commission is satisfied that the application falls under the definition of a third-language service established in Broadcasting Public Notice 2005-104. Accordingly, the Commission approves the application by Soundview Entertainment Inc. for a broadcasting licence to operate the national, third-language niche ethnic Category 2 specialty programming undertaking UTV Movies. The terms and conditions of licence are set out in the appendix to this decision.

7.

With respect to the request to broadcast up to six minutes per hour of local advertising, the Commission notes that it generally permits new ethnic specialty services to broadcast up to six minutes per hour of local advertising unless an intervener makes a compelling case to the contrary (see Broadcasting Public Notice 2005-104). In the present case, there were no interventions opposing the proposal to broadcast local advertising. The Commission therefore approves the applicant's request to broadcast up to six minutes per hour of local advertising. A condition of licence to that effect is set out in the appendix to this decision.
 

Implementation of the Accessibility Policy - Broadcasting and Telecom Regulatory Policy 2009-430

8.

The Commission is cognizant of the issues raised by broadcasters related to one of the requirements of the Accessibility Policy, namely, the captioning of advertising, sponsorship messages and promos and has therefore determined that it is appropriate to provide some flexibility in this regard to address these concerns., The Commission will accordingly impose the following condition of licence:
 

The licensee shall ensure that advertising, sponsorship messages and promos in the English and French language are captioned by no later than the fourth year of the licence term.

 

Reminder

9.

The Commission reminds the applicant that the distribution of this service is subject to the applicable distribution rules set out in Broadcasting Public Notice 2008-100.
  Secretary General
 

Related documents

 
  • Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009
 
  • Revised approach for the consideration of broadcasting licence applications proposing new third-language ethnic Category 2 pay and specialty services, Broadcasting Public Notice CRTC 2005-104, 23 November 2005
 
  • Introductory statement – Licensing of new digital pay and specialty services – Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001
 
  • 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. It is available in alternative format upon request and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
 

Appendix to Broadcasting Decision CRTC 2010-109

 

Terms, conditions of licence, expectations and encouragements for the third-language ethnic niche Category 2 specialty programming undertaking UTV Movies

 

Terms

  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. The undertaking must be operational at the earliest possible date and in any event no later than 36 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 24 February 2013. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date.
  The licence will expire 31 August 2016.
 

Conditions of licence

 

1. The licence will be subject to the conditions set out in Introductory statement – Licensing of new digital pay and specialty services – Corrected Appendix 2, Public Notice CRTC 2000-171-1, 6 March 2001, except for condition 4d), which will not apply, and condition 4a) which is replaced by:

 

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

 

2. The licensee shall provide a national niche third-language ethnic Category 2 specialty programming service devoted to feature films, made-for-TV movies, actor interviews, documentaries and similar movie-related programming.

 

3. The programming shall be drawn exclusively from the following categories set out in item 6 of Schedule I to the Specialty Services Regulations, 1990, as amended from time to time:

 

2 (b) Long-form documentary
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, improvisations, unscripted  works, stand-up comedy
   (g) Other drama
8 (a) Music and dance other than music video programs or clips
   (b) Music video clips
9 Variety
12 Interstitials
13 Public service announcements
14 Infomercials, promotional and corporate videos

 

4. The licensee shall broadcast not less than 90% of all programming during the broadcast week in the Hindi language.

 

5. The licensee shall caption 100% of the English- and French-language programs over the broadcast day, consistent with the approach set out in A new policy with respect to closed captioning, Broadcasting Public Notice CRTC 2007-54, 17 May 2007.

 

6. In accordance with Accessibility of telecommunications and broadcasting services, Broadcasting and Telecom Regulatory Policy CRTC 2009-430, 21 July 2009, the licensee shall:

 
  • ensure that advertising, sponsorship messages and promos in the English and French language are captioned by no later than the fourth year of the licence term.
 
  • 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; and
 
  • 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.
 

7. The licensee shall provide audio description for all the key elements of information programs.

 

8. In order to ensure that the licensee complies at all times with the Direction to the CRTC (Ineligibility of non-Canadians), P.C. 1997-486, 8 April 1997, as amended by P.C. 1998-1268, 15 July 1998, the licensee shall file, for the Commission's prior review, a copy of any programming supply agreement and/or licence trademark agreement it intends to enter into with a non-Canadian party.

  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.
 

Expectations

  The Commission expects the licensee to acquire and make available described versions of programming, where possible.
  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.
 

Encouragements

  The Commission encourages the licensee to work on solutions for making third-language programming more accessible, and to caption third-language programming whenever possible.
  The Commission encourages the licensee to display the standard described video logo and air the audio announcement indicating the presence of described video following each commercial break.

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