Telelatino Network Inc. filed an application for a broadcasting licence to operate Spanish Sports & Entertainment 1, a national, general interest third-language ethnic specialty Category B service that would be devoted to sports and entertainment from around the world and target the Canadian Spanish-speaking community. The Commission did not receive any interventions in connection with this application. Telelatino is controlled by its majority shareholder Corus Entertainment Inc.
The applicant proposed to broadcast at least 90% of its programming in the Spanish language. Further, the applicant requested that, of the 12 minutes of advertising permitted during each clock hour, it be authorized to broadcast up to 6 minutes of local and regional advertising.[1]
The applicant requested an exemption from the standard condition of licence on audio description. It was of the view that requiring audio description would be inappropriate given that Spanish Sports & Entertainment 1 would provide third-language programming. Telelatino further submitted that, if the Commission considered that a condition of licence requiring audio description was appropriate, it should apply only to any English-language programming that the service produces.
After examining the public record for this application in light of applicable regulations and policies, the Commission considers that the issue it must address is whether the Commission should exempt the service from the standard condition of licence on audio description.
The Commission acknowledged that it may be difficult to ensure that programming acquired from non-Canadian sources includes audio description. Consequently, the standard condition of licence requires licensees to provide audio description only for key elements of Canadian information programming, including news programming. The Commission does not consider that the applicant has provided sufficient evidence to support an exemption. Accordingly it denies the applicant’s request and will apply the standard condition of licence relating to audio description.
The Commission implemented a revised, open-entry approach for considering applications proposing new third-language Category 2 (Category B) specialty services. Under this approach, the Commission no longer assesses the potential competitiveness of new, third-language ethnic specialty and pay Category B services with existing analog third-language ethnic specialty services. Instead, such applications are generally approved subject, in appropriate cases, to both a buy-through requirement[2] and the criteria specified in Broadcasting Public Notice 2024-104. This means that broadcasting distribution undertakings choosing to distribute a new third-language Category B service may only offer such a service to those who also subscribe to an existing ethnic Category A service operating in the same language.
The Commission is satisfied that the application complies with all applicable policies, terms and conditions, given that the Commission has denied the applicant’s request for an exemption from the standard condition of licence regarding audio description.
Furthermore, given that the service will offer no less than 90% of its programming during the broadcast week in the Spanish language, the Commission is satisfied that the service falls under the definition of a third-language service set out in the Broadcasting Distribution Regulations.
Accordingly, the Commission approves the application by Telelatino Network Inc. for a broadcasting licence to operate the national, general interest third-language ethnic specialty Category B service Spanish Sports & Entertainment 1. The Commission also approves the applicant’s request for authority 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.