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 the terms of the order entitled Exemption order for terrestrial broadcasting distribution undertakings serving fewer than 20,000 subscribers made by the Commission under subsection 9(4) of the Act, that is set out in the Appendix to Broadcasting Order CRTC 2009-544, dated August 31, 2009, 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 subsections (3) and (3.1), a Category B service includes

• (a) a video-on-demand service;

• (b) a pay-per-view service distribution of which began on or after February 1, 2001; and

• (c) a DTH pay-per-view service distribution of which began on or after February 1, 2001.

(3) Except as otherwise provided under a condition of its licence and subject to subsections (3.1) to (4), a licensee shall, for each Category B service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least three Category B services or at least three exempt third-language services — or any combination of at least three of those services — of unrelated programming undertakings.

(3.1) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category B service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least one Category B service of an independent programming undertaking.

(3.2) Except as otherwise provided under a condition of its licence, if the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is an English-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be English-language services of which at least one shall be a Category B service of an independent programming undertaking.

(4) Except as otherwise provided under a condition of its licence, if the Category B service of the related programming undertaking referred to in subsections (3) and (3.1) is a French-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be French-language services of which at least one shall be a Category B service of an independent programming undertaking.

(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.