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Broadcasting Act
Directions to the CRTC (Direct-to-Home (DTH) Pay-Per-View Television Programming Undertakings) Order
Order issuing directions to the Canadian Radio-television and Telecommunications Commission respecting policy for the licensing of pay-per-view television programming undertakings that provide services through direct-to-home (DTH) satellite distribution undertakings
Short title
1. This Order may be cited as the Directions to the CRTC (Direct-to-Home
(DTH) Pay-Per-View Television Programming Undertakings) Order.
Interpretation
2. In this Order,
"CRTC" means the Canadian Radio-television and Telecommunications Commission;
(CRTC)
"DTH distribution undertaking" means a Direct-to-Home (DTH) Satellite Distribution Undertaking;
(entreprise de distribution par SRD)
"DTH pay-per-view television programming undertaking" means a pay-per-view television programming undertaking licensed to provide pay-per-view services for distribution to subscribers through a licensed DTH distribution undertaking;
(entreprise de programmation de télévision à la carte par
SRD)
"other pay-per-view television programming undertakings" means pay-per-view television programming undertakings that provide pay-per-view television programming via satellite to cable affiliates;
(autres entreprises de programmation de télévision à la carte)
"pay-per-view television programming undertaking" means a pay television programming undertaking that provides a pay-per-view service.
(entreprise de programmation de télévision à la carte)
Directions
3. The CRTC is directed to promote, through licensing, a dynamically competitive market for DTH pay-per-view television programming undertakings.
4. The CRTC is directed to establish a class of licences in respect of the carrying on of DTH pay-per-view television programming undertakings.
5. The CRTC is directed, in the exercise of its powers in respect of the carrying on of a DTH pay-per-view television programming undertaking,
(a) to prohibit, by appropriate means, the undertaking from acquiring exclusive or other preferential rights to pay-per-view distribution of feature films and other programming within Canada;
(b) to ensure that the undertaking is subject to equitable obligations and makes maximum contributions to Canadian programming, including a significant financial contribution derived from a percentage of gross annual revenues to the production of Canadian programming, and that the financial contribution is administered independently of the undertaking;
(c) taking into consideration the total number of channels over which the undertaking's service is offered, to apply rules that are comparable or equivalent to those rules in effect in respect of other pay-per-view television programming undertakings and that pertain to the annual exhibition ratios of Canadian to foreign films and events, the annual minimum numbers of Canadian films and events to be exhibited and the remittances to be paid by the undertaking to rights holders for the Canadian films and events it exhibits;
(d) to require the undertaking to be subject to the same generally applicable Canadian policy as other broadcasting undertakings in respect of the use of Canadian and foreign satellite facilities;
(e) not to refuse to issue a licence to an applicant for the sole reason that the applicant proposes to use foreign satellites for the distribution of non-Canadian programming to subscribers through a DTH distribution undertaking, provided that such use is consistent with generally applicable Canadian satellite policy; and
(f) not to refuse to issue a licence to an applicant for the sole reason that the applicant holds a licence to carry on a DTH distribution undertaking.
6. The CRTC is directed
(a) not to authorize any person or class of persons to carry on a DTH pay-per-view television programming undertaking other than by means of a licence issued by the CRTC for that purpose; and
(b) to call, immediately on the coming into force of this Order, for licence applications to carry on English-language DTH pay-per-view television programming undertakings and for licence applications to carry on French-language DTH pay-per-view television programming undertakings and, thereafter, to complete the licensing processes in respect of those applications concurrently with the licensing process for DTH distribution undertakings referred to in section 7 of the Directions to the CRTC (Direct-to-Home (DTH) Satellite Distribution Undertakings) Order.
Date modified: 2002-01-07
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