Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2016-01-25 and last amended on 2015-12-01. Previous Versions

Cancellation Requested by Customer

  •  (1) A licensee shall accept a request that is made to it by a customer for the cancellation of all programming services that it provides to the customer.

  • (2) The cancellation shall occur on the day on which the request is received by the licensee.

  • (3) Subsections (1) and (2) do not apply to a cancellation request as defined in subsection 15.4(1) that is made by a customer who is also a member of a household that is provided with the programming services for which the request is made.

  • SOR/2015-232, s. 2.

PART 2Terrestrial Distribution Undertakings

Application

 Except as otherwise provided in these Regulations or under a condition of licence, this Part applies to the digital distribution of programming services by licensees that hold a licence to operate a terrestrial distribution undertaking.

  • SOR/2011-148, s. 8.

 [Repealed, SOR/2011-148, s. 8]

Television Programming Services To Be Distributed as Part of the Basic Service

  •  (1) Except as otherwise provided in subsections (3) to (5) or under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service, in the following order of priority:

    • (a) the programming services of all local television stations that are owned and operated by the Corporation;

    • (b) the educational television programming services that are received by the licensee over the air or by some other method, the operation of which is the responsibility of an educational authority designated by the province in which the licensed area is located;

    • (c) the programming services of all other local television stations that are not being distributed under paragraph (a) or (b);

    • (d) the programming services of any regional television station that is owned and operated by the Corporation, unless the licensee is distributing, in accordance with paragraph (a), the programming services of a local television station that is owned and operated by the Corporation and that broadcasts in the same official language as the regional television station;

    • (e) the programming services of all regional television stations that are not being distributed in accordance with paragraph (b) or (d), except to the extent that the licensee is distributing, under paragraph (a), (c) or (d), the programming services of an affiliated television station or one that is a member of the same ownership group;

    • (f) if they are provided to the licensee by the programming undertaking and are not being distributed in accordance with paragraph (a) or (d), the programming services of at least one television station that broadcasts in English and at least one that broadcasts in French that are owned and operated by, or that are affiliates of, the Corporation; and

    • (g) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service:

    • (a) the programming services of the community channel if the licensee elects to distribute community programming under paragraph 20(1)(d), or the programming services of a community programming undertaking if one is licensed in the licensed area; and

    • (b) a programming service that consists of the proceedings of the legislature of the province in which the licensed area is located if the licensee elects to distribute that programming service, unless the programming undertaking that provides that programming service agrees in writing to its distribution as a discretionary service.

  • (3) If a licensee receives programming services that are identical, it is required to distribute only one of them under subsection (1).

  • (4) If the programming services of two or more television stations rank equally in the order of priority set out in subsection (1), a licensee shall, unless the operators of the stations agree otherwise in writing, give priority

    • (a) if all of the stations have studios that are located in the province in which the licensed area is located or in the National Capital Region as described in the schedule to the National Capital Act, to the programming services of those stations in the order of the proximity of their main studios to the local head end of the licensed area; and

    • (b) if one or more — but not all — of the stations have studios that are located in the same province as the licensed area, to the programming service of any station that has a studio located in the same province as the licensed area.

  • (5) The licensee’s obligation to distribute the programming services of a local television station or a regional television station under subsection (1) also includes the obligation to distribute the digital programming service of that television station that is received by direct feed if the programming service of the local television station or regional television station is also received over the air by the licensee in its licensed area.

  • SOR/2002-322, s. 2;
  • SOR/2003-217, s. 5;
  • SOR/2011-148, s. 8.

Access for Television Programming Services

[SOR/2002-322, s. 3; SOR/2011-148, s. 8]
  •  (1) In subsection (2), general interest television pay-per-view service means a television pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

  • (2) Except as otherwise provided in this section, in sections 23 to 27 or under a condition of its licence, a licensee shall distribute

    • (a) if the licensee is operating in an anglophone market,

      • (i) each English-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

      • (ii) at least one English-language general interest television pay-per-view service, and

      • (iii) to the extent that such a programming service is available, at least one French-language Category A service, Category B service or Category C service for every 10 English-language programming services that it distributes;

    • (b) if the licensee is operating in a francophone market,

      • (i) each French-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

      • (ii) at least one French-language general interest television pay-per-view service, and

      • (iii) to the extent that such a programming service is available, at least one English-language Category A service, Category B service or Category C service for every 10 French-language programming services that it distributes; and

    • (c) the ethnic Category A service of a programming undertaking that is authorized to provide that programming service to all or part of the licensed area if

      • (i) the licensee was distributing the service in the licensed area on October 30, 2008, or

      • (ii) according to the most recent population figures published by Statistics Canada, 10% or more of the total population of all cities, towns and other municipalities situated in whole or in part within the licensed area is of one or a combination of the ethnic origins to which the service is intended to appeal.

  • (3) For the purposes of subparagraphs (2)(a)(iii) and (b)(iii),

    • (a) a Category A service, Category B service or Category C service does not include a programming service that is required under section 17 to be distributed in the licensed area; and

    • (b) the analog or standard definition programming service and the high definition service together count as a single programming service.

  • (4) Except as otherwise provided under a condition of its licence, a licensee shall distribute

    • (a) the programming service of a community-based low-power television station to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that station; and

    • (b) the programming service of a community-based digital undertaking to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that undertaking.

  • (5) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under this section and section 19 by distributing either the standard definition programming service or the high definition version of that programming service.

  • SOR/2001-75, s. 5;
  • SOR/2001-334, s. 3;
  • SOR/2002-322, s. 4;
  • SOR/2003-217, s. 6;
  • SOR/2003-458, s. 2;
  • SOR/2006-11, s. 1;
  • SOR/2007-222, s. 1;
  • SOR/2011-148, s. 8.

 [Repealed, SOR/2011-148, s. 8]

Access for Unrelated Programming Undertakings

  •  (1) The following definitions apply in this section.

    exempt distribution undertaking

    exempt distribution undertaking means a distribution undertaking the operator of which is exempt under the terms of the order entitled Exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20,000 subscribers made by the Commission under subsection 9(4) of the Act, that is set out in the Appendix to Broadcasting Order CRTC 2009-544, dated August 31, 2009, as amended from time to time. (entreprise de distribution exemptée)

    independent programming undertaking

    independent programming undertaking means a programming undertaking for which no licensee of a distribution undertaking or operator of an exempt distribution undertaking, or an affiliate of the licensee or operator, holds, directly or indirectly, an interest or right in the assets. (entreprise de distribution indépendante)

    related exempt programming undertaking

    related exempt programming undertaking means an exempt programming undertaking that is not an unrelated exempt programming undertaking. (entreprise de programmation exemptée liée)

    unrelated exempt programming undertaking

    unrelated exempt programming undertaking means

    • (a) an exempt programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or

    • (b) an exempt programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 15% and whose programming services the licensee was distributing on October 30, 2008. (entreprise de programmation exemptée non liée)

  • (2) In addition to the meaning assigned by section 1, for the purposes of subsections (3) and (3.1), a Category B service includes

    • (a) a video-on-demand service;

    • (b) a pay-per-view service distribution of which began on or after February 1, 2001; and

    • (c) a DTH pay-per-view service distribution of which began on or after February 1, 2001.

  • (3) Except as otherwise provided under a condition of its licence and subject to subsections (3.1) to (4), a licensee shall, for each Category B service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least three Category B services or at least three exempt third-language services — or any combination of at least three of those services — of unrelated programming undertakings.

  • (3.1) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category B service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least one Category B service of an independent programming undertaking.

  • (3.2) Except as otherwise provided under a condition of its licence, if the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is an English-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be English-language services of which at least one shall be a Category B service of an independent programming undertaking.

  • (4) Except as otherwise provided under a condition of its licence, if the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is a French-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be French-language services of which at least one shall be a Category B service of an independent programming undertaking.

  • (5) A licensee that distributes one or more programming services of related exempt programming undertakings in a licensed area shall also distribute an equal number of programming services of unrelated exempt programming undertakings in the licensed area.

  • (6) Subsection (5) does not apply in respect of the distribution of an exempt Category B service by a related exempt programming undertaking.

  • SOR/2003-217, s. 7;
  • SOR/2006-11, s. 2;
  • SOR/2007-248, s. 1;
  • SOR/2011-148, s. 8;
  • SOR/2012-151, s. 16;
  • SOR/2013-137, s. 3.
 
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