Direction to the CRTC (Ineligibility to Hold Broadcasting Licences)

4 Where, in respect of an application for a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or a renewal thereof, applied for by an applicant of the class described in paragraph 3(c) or by any person that, in the opinion of the Commission, is controlled by a municipal government, the Commission is satisfied that

• (a) a substantial portion of the area served or sought to be served under the broadcasting licence is not served or to be served by a broadcasting receiving undertaking, other than an undertaking for which the applicant is the licensee, already authorized by the Commission,

• (b) a refusal to issue the broadcasting licence applied for or grant a renewal thereof would be contrary to the public interest, and

• (c) the community programming provided by the undertaking will provide a reasonable, balanced opportunity for the expression of differing views on matters of public concern,

the Commission may, notwithstanding section 3, issue a broadcasting transmitting undertaking licence principally for the purpose of retransmission of programming or a broadcasting receiving undertaking licence, or grant a renewal thereof.