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2 For the purposes of this Order,

independent carrier

independent carrier means a corporation

• (a) that is either a Canadian carrier, within the meaning of subsection 2(1) of the Telecommunications Act, that is owned by Her Majesty in right of any province, that was operating as a Canadian carrier on August 6, 1996 and that continues to operate as a Canadian carrier, or a subsidiary of such a Canadian carrier, where

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independent corporation

independent corporation means a corporation that the Commission is satisfied is not directly controlled by Her Majesty in right of any province or by a municipal government and that is designated by statute or by the lieutenant governor in council of a province for the purpose of broadcasting the following types of programming, namely,

• (a) programming designed to be presented in such a context as to provide a continuity of learning opportunity aimed at the acquisition or improvement of knowledge or the enlargement of understanding of members of the audience to whom such programming is directed and under circumstances such that the acquisition or improvement of such knowledge or the enlargement of such understanding is subject to supervision or assessment by a provincial authority by any appropriate means, and

which programming, taken as a whole, shall be designed to furnish educational opportunities and shall be distinctly different from general broadcasting available on the national broadcasting service or on privately owned broadcasting undertakings; (société indépendante)

provincial authority

provincial authority means such person, body or authority as may be designated by the lieutenant governor in council of a province as the provincial authority for that province for the purposes of this Direction; (autorité provinciale)

public utility service provider

public utility service provider means a provider of telecommunications services that is organized as a municipal service board, a public utility commission or another similar body that is a part of a municipal government but is distinct from its governing body. (fournisseur de services publics)

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5 Nothing in this Direction shall be construed as limiting the power of the Governor in Council to direct that broadcasting licences may not be issued and amendments or renewals of broadcasting licences may not be granted to applicants of a class other than a class described in section 3 or as limiting the power of the Commission, in carrying out its objects, to refuse to issue a broadcasting licence or to grant an amendment or renewal of a broadcasting licence to an applicant of a class other than a class described in section 3.

4 Notwithstanding section 3, the Commission may, on application, issue or grant a renewal of a distribution undertaking licence to an applicant of the class referred to in paragraph 3(c) or to any applicant that, as determined by the Commission, is directly controlled by the governing body of a municipal government where the Commission is satisfied that

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1 This Order may be cited as the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences).