Broadcasting Distribution Regulations

23 (1) Except as otherwise provided under a condition of its licence or in subsection (2), a licensee may distribute in any licensed area

• (a) any audio Canadian programming service of a licensed or exempt broadcasting undertaking;

• (b) any audio non-Canadian programming service that is received over the air at the local head end, unless the service

  • (i) solicits advertising in Canada, or

  • (ii) consists of programming that has predominantly religious content;

• (c) any international radio service operated or funded by a national government or its agent; and

• (d) any audio programming service authorized under a condition of its licence.

(2) Except as otherwise provided under a condition of its licence, no licensee shall distribute in a licensed area

• (a) the programming service of a carrier current undertaking that is an exempt programming undertaking; or

• (b) any audio Canadian programming service of a licensed broadcasting undertaking in a language other than French, English or a language spoken by an aboriginal people of Canada, that contains commercial messages unless

  • (i) the audio programming service was authorized by the Commission for distribution throughout the licensed area by any licensee on or before July 4, 1985,

  • (ii) there is no local radio station that is an ethnic station, or

  • (iii) the licensee distributes the audio programming service solely on a digital basis;

(3) In subsection (4), related programming undertaking has the same meaning as in subsection 18(12).

(4) Except as otherwise provided under a condition of its licence, a licensee shall, for each specialty audio service of a related programming undertaking that it distributes in a licensed area, distribute the lesser of

• (a) five specialty audio services of any unrelated programming undertakings, and

• (b) the number of specialty audio services of any unrelated programming undertakings that are available for distribution in the licensed area.