Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2019-172: SI/2019-91
Canada Gazette, Part II, Volume 153, Number 18
Registration
SI/2019-91 September 4, 2019
BROADCASTING ACT
Order Declining to Set Aside or Refer Back to the CRTC Broadcasting Decision CRTC 2019-172
P.C. 2019-1227 August 17, 2019
Whereas the Canadian Radio-television and Telecommunications Commission (“Commission”), in its Broadcasting Decision CRTC 2019-172 of May 23, 2019, made a decision to issue to Rogers Media Inc. a broadcasting licence to operate a national, multilingual multi-ethnic discretionary service known as OMNI Regional;
Whereas, subsequent to the making of the decision, the Governor in Council received petitions in writing requesting that the decision be set aside or referred back to the Commission for reconsideration and hearing;
And whereas the Governor in Council, having considered the petitions, is satisfied that the decision does not derogate from the attainment of the objectives of the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act footnote a;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Canadian Heritage, pursuant to section 28 of the Broadcasting Act footnote a, declines to set aside or refer back to the Commission for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2019-172 of May 23, 2019 to issue a broadcasting licence to Rogers Media Inc. to operate a national, multilingual multi-ethnic discretionary service known as OMNI Regional.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
To respond to written petitions, pursuant to section 28 of the Broadcasting Act, requesting the Governor in Council to set aside or refer back for reconsideration and hearing the Canadian Radio-television and Telecommunications Commission (CRTC) decision contained in Broadcasting Decision CRTC 2019-172.
Objective
To communicate that the Governor in Council is declining to set aside or refer back to the CRTC for reconsideration and hearing the decision approving the application by Rogers Media Inc. to operate a national, multilingual multi-ethnic discretionary service to be known as OMNI Regional.
Background
On May 15, 2017, the CRTC issued Broadcasting Notice of Consultation CRTC 2017-154, a call for applications from persons wishing to operate a national, multilingual multi-ethnic television service offering news and information programming as well as other programming.
From November 26 to 29, 2018, the CRTC held a public hearing to consider eight applications for a national, multilingual multi-ethnic television service offering news and information programming, which if licensed, would receive mandatory distribution on the basic service pursuant to paragraph 9(1)(h) of the Broadcasting Act.
On May 23, 2019, the CRTC issued Broadcasting Decision CRTC 2019-172, in which it approved the application by Rogers Media Inc. for a broadcasting licence to operate a national, multilingual multi-ethnic discretionary service to be known as OMNI Regional.
The Governor in Council received the following petitions concerning the above-noted decision: from CorrCan Media Group (CorrCan) dated June 17, 2019; from Independent Community Television Montreal (ICTV) dated June 24, 2019; from TLN Media Group (TLN) and Ethnic Channels Group (ECG) dated July 8, 2019. All are unsuccessful applicants in this licensing process.
The petitioners make claims that the CRTC’s decision derogates from the policy objectives set out in subsection 3(1) of the Broadcasting Act.
Pursuant to section 28 of the Broadcasting Act, the Governor in Council may set aside or refer a decision back to the CRTC for reconsideration and hearing if the Governor in Council is satisfied that the decision derogates from the attainment of the objectives of the broadcasting policy set out in the Broadcasting Act. In the present case, after careful consideration of the petitions, the Governor in Council was satisfied that the decision does not derogate from those objectives.
Therefore, under section 28 of the Broadcasting Act, the Governor in Council has declined to set aside or refer back to the CRTC for reconsideration and hearing the decision contained in Broadcasting Decision CRTC 2019-172.
Implications
The CRTC decision stands.
Departmental contact
Thomas Owen Ripley
Director General
Broadcasting, Copyright and Creative Marketplace Branch
Department of Canadian Heritage
Telephone: 819‑997‑7449