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Definition of Small Retransmission Systems Regulations ( C-42 -- SOR/89-255 ) Disclaimer: These documents are not the official versions (more). Source: http://laws.justice.gc.ca/en/C-42/SOR-89-255/text.html Updated to August 31, 2004 Definition of Small Retransmission Systems Regulations SOR/89-255 COPYRIGHT ACT Definition of Small Retransmission Systems Regulations REGULATIONS DEFINING SMALL RETRANSMISSION SYSTEMS FOR THE PURPOSE OF SUBSECTION 70.64(1) OF THE COPYRIGHT ACT 1. These Regulations may be cited as the Definition of Small Retransmission Systems Regulations. 2. In these Regulations, "licence" means a licence issued under paragraph 9(1)(b) of the Broadcasting Act authorizing the licensee to carry on a broadcasting receiving undertaking that distributes programming services to premises by means of signals that are retransmitted by cable or Hertzian waves; (licence) "licensed area" means the area within which a licensee is authorized, under its licence, to provide services; (zone de desserte) "premises" means (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence, or (b) a room in a commercial or institutional building. (local) SOR/94-754, s. 1. 3. (1) Subject to subsections (2) to (4) and section 4, for the purpose of subsection 70.64(1) of the Copyright Act, "small retransmission system" means a cable retransmission system, or a terrestrial retransmission system utilizing Hertzian waves, that retransmits a signal, with or without a fee, to not more than 2,000 premises in the same licensed area. (2) For the purpose of subsection (1), where a cable retransmission system is included in the same unit as one or more other cable retransmission systems, the number of premises to which the cable retransmission system retransmits a signal is deemed to be equal to the total number of premises to which all cable retransmission systems included in that unit retransmit a signal. (3) For the purpose of subsection (2), a cable retransmission system is included in the same unit as one or more other cable retransmission systems where (a) they are owned or directly or indirectly controlled by the same person or group of persons; and (b) their licensed areas are each less than 5 km distant, at some point, from at least one other among them, and those licensed areas would constitute a series of contiguous licensed areas, in a linear or non-linear configuration, were it not for that distance. (4) Subsection (2) does not apply to a cable retransmission system that was included in a unit on December 31, 1993. SOR/94-754, s. 1. 4. The definition set out in subsection 3(1) does not include a cable retransmission system that is a master antenna system located within the licensed area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that licensed area. SOR/94-754, s. 1. |