Broadcasting Distribution Regulations

19 (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 Broadcasting Order CRTC 2014-445, dated August 29, 2014 and entitled Terms and conditions of the exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20,000 subscribers, 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) For the purposes of subsection (3), the definition discretionary service in section 1 does not include any of the following:

• (a) a programming service that the licensee distributes under section 18;

• (b) an adult programming service;

• (c) an exempt programming service, other than an exempt discretionary service;

• (d) a programming service that the licensee is required to distribute under paragraph 9(1)(h) of the Act.

(3) Except as otherwise provided under a condition of its licence, a licensee shall distribute in its licensed area

• (a) to the extent that such programming is available, at least one English-language discretionary service of an independent programming undertaking for each English-language discretionary service of a related programming undertaking that it distributes in the area; and

• (b) to the extent that such programming is available, at least one French-language discretionary service of an independent programming undertaking for each French-language discretionary service of a related programming undertaking that it distributes in the area.

(3.1) to (4) [Repealed, SOR/2015-239, s. 11]

(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 to the distribution of an exempt discretionary service of a related exempt programming undertaking.