Broadcasting Distribution Regulations

47 (1) Subject to subsection (3), this Part does not apply to a licensee referred to in paragraph 46(a) or (b), with respect to a licensed area, if

• (a) the licensee sends to each of its subscribers in the licensed area a written notice that contains the information set out in Schedule 1;

• (b) the licensee sends to the Commission

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

  • (ii) a declaration verifying the date on which the notice was sent to subscribers under paragraph (a), and

  • (iii) on or before the date on which notice was sent to subscribers under paragraph (a), documentation consisting of

    • (A) evidence demonstrating that the basic service of one or more other licensed distribution undertakings is available to 30% or more of the total of single-unit dwellings, units in multiple-unit dwellings, hotels, hospitals, nursing homes and other commercial or institutional premises in its licensed area, and

    • (B) an opinion provided by the licensee’s auditor, in accordance with section 5815 of the Canadian Institute of Chartered Accountants Handbook, confirming that, on a specified date, the licensee was no longer providing its basic service to 5% or more of the total of single-unit dwellings, units in multiple-unit dwellings, hotels, hospitals, nursing homes and other commercial or institutional premises that it served on a date specified in the opinion, on condition that the date of determination of that total and the date of determination of the percentage lost are on or after the date when the basic service of another licensed distribution undertaking first became available in its licensed area; and

• (c) 60 days have elapsed since the date on which the notice was sent to subscribers under paragraph (a).

(2) Subject to subsection (3), section 48 does not apply if

• (a) the licensee sends to the Commission the documentation referred to in clauses (1)(b)(iii)(A) and (B); and

• (b) 60 days have elapsed since the date on which the documentation referred to in paragraph (a) was received by the Commission.

(3) The Commission may, before the date on which a licensee would no longer be subject to the obligations of this Part under subsection (1) or (2),

• (a) suspend the application of subsection (1) or (2) in respect of the licensed area, pending further consideration of the licensee’s proposal 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 licensee’s proposal to be removed from the obligations of this Part in respect of the licensed area either without a suspension under paragraph (a) or after such a suspension.