Broadcasting Distribution Regulations (SOR/97-555)

Regulations are current to 2016-02-03 and last amended on 2015-12-01. Previous Versions

Access by Pay Audio Programming Undertakings

[SOR/2003-458, s. 6; SOR/2011-148, s. 8]
  •  (1) In this section, unrelated pay audio programming undertaking means

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

    • (b) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 30% and whose programming services the licensee was distributing on October 30, 2008.

  • (2) Subject to subsection (3), if a licensee distributes in a licensed area the programming service of a pay audio programming undertaking other than an unrelated pay audio programming undertaking, the licensee shall distribute in the licensed area the programming service of at least one unrelated pay audio programming undertaking.

  • (3) A licensee is not required to distribute in a licensed area the programming service of an unrelated pay audio programming undertaking that is delivered to the licensee in a format that is technically incompatible with the licensee’s method of signal distribution.

  • SOR/2003-217, s. 16;
  • SOR/2003-458, s. 7;
  • SOR/2009-234, s. 4;
  • SOR/2011-148, s. 8.

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

 [Repealed, SOR/2011-148, s. 8]

Community Channel

  •  (1) Except as otherwise provided in subsections (2) and (3) or under a condition of its licence, if a licensee elects to distribute community programming under paragraph 20(1)(d) in a licensed area, the licensee shall not distribute, on the community channel in the licensed area, any programming service other than the following:

    • (a) community programming;

    • (b) a maximum of two minutes during each clock hour of announcements promoting broadcasting services that the licensee is authorized to provide;

    • (c) a public service announcement;

    • (d) an information program funded by and produced for a federal, provincial or municipal government or agency or a public service organization;

    • (e) the question period of the legislature of the province in which the licensed area is located;

    • (f) an announcement providing information about the programming that is to be distributed on the community channel;

    • (g) a commercial message that mentions or displays the name of a person who sponsored a community event or the goods, services or activities sold or promoted by the person, if the mention or display is in the course of, and incidental to the production of, community programming relating to the event;

    • (h) an oral or written acknowledgement, that may include a moving visual presentation of no more than 15 seconds per message, contained in community programming that mentions no more than the name of a person, a description of the goods, services or activities that are being sold or promoted by the person, and their address and telephone number, if the person provided direct financial assistance for the community programming in which the acknowledgement is contained;

    • (i) an oral or a written acknowledgement contained in community programming that mentions no more than the name of a person, the goods or services provided by the person and their address and telephone number, if the person provided the goods or services free of charge to the licensee for use in connection with the production of the community programming in which the acknowledgement is contained;

    • (j) a still image programming service as described in Public Notice CRTC 1993-51, dated April 30, 1993 and entitled Exemption order respecting still image programming service undertakings, if the service is produced by the licensee or by members of the community served by the licensee and does not contain commercial messages, other than commercial messages that are contained within the programming service of a licensed radio station; and

    • (k) the programming of a community programming undertaking.

  • (2) At least 75% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) shall be made available for the promotion of the community channel and for the promotion, by Canadian programming undertakings other than related programming undertakings, of their respective services.

  • (3) A maximum of 25% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) may be made available for the promotion of the services of related programming undertakings, discretionary services, packages of programming services, FM services and additional outlets and for the distribution of information on customer services and channel realignments.

  • (4) Whenever a licensee is not distributing community programming on the community channel in a licensed area, or is distributing on that channel community programming that has no audio component, the licensee may distribute on that channel the programming service of a local radio station, other than an educational radio programming service whose operation is the responsibility of an educational authority.

  • (5) If a licensee provides time on the community channel in a licensed area during an election period for the distribution of programming of a partisan political character, the licensee shall allocate that time on an equitable basis among all accredited political parties and rival candidates.

  • (6) A licensee that distributes commercial messages or acknowledgements on the community channel under paragraph (1)(g), (h) or (i) shall ensure that those messages and acknowledgements comply with the technical requirements set out in ATSC Recommended Practice A/85: Techniques for Establishing and Maintaining Audio Loudness for Digital Television, published by the Advanced Television Systems Committee Inc., as amended from time to time.

  • SOR/2003-217, s. 17;
  • SOR/2011-148, s. 8;
  • SOR/2012-57, s. 4.
  •  (1) Except as otherwise provided under a condition of its licence, a licensee shall devote not less than 60% of the programming distributed on the community channel in the licensed area in each broadcast week to the distribution of local community television programming.

  • (2) Except as otherwise provided under a condition of its licence, a licensee

    • (a) shall devote at least the following percentages of the programming distributed on the community channel in each broadcast week to community access television programming:

      • (i) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012,

      • (ii) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013,

      • (iii) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014, and

      • (iv) 50% for each successive broadcast year beginning on September 1, 2014;

    • (b) shall, on or before August 31, 2014, devote a further percentage up to a total of 50% of the programming distributed on the community channel in each broadcast week to community access television programming, according to requests;

    • (c) shall, if one or more community television corporations are in operation in a licensed area, make available to them up to 20% of the programming distributed on the community channel in each broadcast week for community access television programming; and

    • (d) shall, if one or more community television corporations are in operation in a licensed area, make available to each of them, on request, not less than four hours of community access television programming in each broadcast week.

  • (3) The time allocated to the distribution of alphanumeric message services is excluded from the calculation of the programming requirement under this section.

  • SOR/2001-75, s. 8;
  • SOR/2003-29, s. 3;
  • SOR/2011-148, s. 8.
  •  (1) In this section, programming-related expense means an expenditure for the creation of programming, including

    • (a) expenditures on volunteer training and volunteer program development and community outreach, but excluding expenditures related to technology, sales, promotion and administration as well as general expenses; and

    • (b) expenditures related to the acquisition of programming produced by community-based digital undertakings, community-based low-power television stations or community television corporations.

  • (2) Except as otherwise provided under a condition of its licence, a licensee shall direct to community access programming at least the following percentages of its programming-related expenses:

    • (a) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012;

    • (b) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013;

    • (c) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014; and

    • (d) 50% for each successive broadcast year beginning on September 1, 2014.

  • (3) Except in the final year of the term of its licence, a licensee may defer up to 5% of the amount of programming-related expenses required to be directed in respect of a given broadcast year under subsection (2) to the following broadcast year.

  • SOR/2001-334, s. 4;
  • SOR/2003-217, s. 18;
  • SOR/2011-148, s. 8.
 
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