Broadcasting Distribution Regulations

38 (1) The following definitions apply in this section.

broadcaster

broadcaster includes an educational authority responsible for an educational television programming service. (radiodiffuseur)

local television station

local television station, in addition to the meaning assigned by section 1, includes the station “A” Atlantic and an educational authority responsible for an educational television programming service. (station de télévision locale)

(2) Except as otherwise provided in subsection (4) or under a condition of its licence, a licensee

• (a) shall, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a local television station or a regional television station or, with the agreement of the broadcaster operating the local television station or regional television station, have that broadcaster carry out the deletion and substitution, if

  • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,

  • (ii) the local television station or regional television station has a higher priority under section 17, and

  • (iii) in the case where the broadcaster operating the local television station or regional television station is not required to carry out the deletion and substitution under an agreement with the licensee, the licensee has, at least four days before the date on which the programming service is to be broadcast, received from the broadcaster operating the local television station or regional television station a written request for the deletion and substitution;

• (b) may delete and substitute a programming service under paragraph (a) even if the licensee has received a written request from the broadcaster operating the local television station or regional television station less than four days before the date on which the programming service is to be broadcast; and

• (c) may, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a specialty service if

  • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast, and

  • (ii) the operator of the specialty service has submitted a written request to the licensee for the deletion and substitution.

(3) If a substitution is requested by more than one broadcaster under paragraph (2)(a), the licensee shall give preference to the programming service of the television station that has the highest priority under section 17.

(4) A licensee shall not delete the programming service of a television station under subsection (2) if the Commission notifies the licensee that the deletion is not in the public interest because

• (a) undue financial hardship would result for the operator of the television station; or

• (b) the programming service to be deleted contains subsidiary signals designed to inform or entertain and the programming service to be substituted for it does not contain similar signals.

(5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or of higher format than, the programming service to be deleted.

(6) If a programming service of a local television station — other than the station “A” Atlantic or an educational authority responsible for an educational television programming service — is provided by direct feed to a licensee in its licensed area, the licensee is required to substitute the programming service under paragraph (2)(a) only if it is also receivable over the air by the licensee in its licensed area.

(7) A licensee may discontinue a deletion and substitution made under subsection (2) if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.