SOR/94-755

COPYRIGHT ACT

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Science and Technology and the Minister of Communications, pursuant to subsection 67.2(1.2)* of the Copyright Act, is pleased hereby to make the annexed Regulations defining “small cable transmission system” for the purpose of subsection 67.2(1.1) of the Copyright Act.

* S.C. 1993, c. 23, s. 4(1)

Registration December 6, 1994

DEFINITION OF "SMALL CABLE TRANSMISSION SYSTEM" REGULATIONS

1. [Repealed, SOR/2005-148, s. 2]

2. In these Regulations,

“licence” [Repealed, SOR/2005-148, s. 3]

“licensed area” [Repealed, SOR/2005-148, s. 3]

“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)

“service area” means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located. (zone de service)

SOR/2005-148, s. 3.

3. (1) Subject to subsections (2) to (4) and section 4, “small cable transmission system” means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal.

(3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where

(a) they are owned or directly or indirectly controlled by the same person or group of persons; and

(b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for that distance.

(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.

SOR/2005-148, s. 4.

4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system if it is located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that service area.

SOR/2005-148, s. 5.