Broadcasting Distribution Regulations

54 (1) If a licensee intends to increase its basic monthly fee under subsection 52(2) or 53(1), it shall not implement the increase unless

• (a) it sends to each of its subscribers in the licensed area a written notice in the form set out in Schedule 3;

• (b) it sends to the Commission

  • (i) a copy of the notice referred to in paragraph (a),

  • (ii) a declaration that the notice has been or will be sent at least 60 days before the proposed effective date of the increase,

  • (iii) a list of the specialty services for which the increase is sought and the amount of the increase in relation to each specialty service, and

  • (iv) information to justify the distribution of the specialty services referred to in subparagraph (iii) as part of the basic service; and

• (c) 60 days have elapsed since receipt by the Commission of the documents and information referred to in paragraph (b).

(2) The Commission may, before the date on which an increase in the basic monthly fee referred to in subsection 52(2) or 53(1) is to take effect,

• (a) suspend the implementation of all or part of the increase pending further consideration of the increase and

  • (i) the receipt of additional information,

  • (ii) the completion of a public hearing into the matter, or

  • (iii) both the receipt of additional information and the completion of a public hearing into the matter; and

• (b) disallow the implementation of all or part of the increase, either without suspension under paragraph (a) or after such a suspension, if the Commission determines that the increase is not justified having regard to the broadcasting policy for Canada set out in subsection 3(1) of the Act.