Broadcasting Distribution Regulations

42 (1) Except as otherwise provided under a condition of its licence, if a licensee receives, at least four days before the date on which the programming service is broadcast, a written request for substitution or deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall

• (a) delete a non-Canadian programming service and substitute the comparable and simultaneously broadcast programming service of the Canadian television programming undertaking whose signal is distributed by the licensee; and

• (b) delete, in respect of subscribers located within the Grade B contour of the Canadian television programming undertaking, a programming service that is comparable to that of the Canadian television programming undertaking and that would otherwise be received simultaneously by those subscribers.

(2) A licensee may delete and substitute in accordance with subsection (1) notwithstanding that the licensee has received a written request from the operator of the licensed Canadian television programming undertaking less than four days before the date on which the programming service is broadcast.

(3) A licensee shall not delete the programming service under subsection (1) or (2) if the Commission notifies the licensee that the deletion is not in the public interest because the programming service to be deleted contains subsidiary signals designed to inform or entertain and the simultaneously broadcast programming service does not contain similar signals.

(4) A licensee may discontinue a deletion or substitution made under subsection (1) or (2) if the programming services in respect of which the deletion or substitution is made are not, or are no longer, comparable and broadcast simultaneously.