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Broadcasting Public Notice CRTC 2005-119
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Ottawa, 14 December 2005 |
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Distribution and linkage requirements for Class 1 and Class 2
licensees
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The Commission, by this notice, replaces
the requirements set out in Distribution and linkage requirements
for Class 1 and Class 2 licensees, Broadcasting Public Notice CRTC
2005-98, 27 October 2005. The revision
to the distribution and linkage requirements, as set out herein, reflects
the Commission’s determinations announced in Revised approach
for the consideration of broadcasting licence applications
proposing new third-language ethnic Category 2 pay and specialty services,
Broadcasting Public Notice CRTC 2005-104,
23 November 2005. |
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General
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1. |
The provisions set out in this public
notice govern the distribution, by licensees of broadcasting
distribution undertakings (BDUs) holding a Class 1 or a Class 2 licence,
of the following programming services as part of the basic service, as
part of an analog discretionary tier, or as part of a discretionary
digital tier: |
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a) any pay television service and any pay-per-view television
service, the operator of which is authorized to provide the service to
all or part of the licensed area of the BDU;
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b) any specialty service, the operator of which is authorized to
provide the service to all or part of the licensed area of the BDU;
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c) any Category 1 or Category 2 service, the operator of which is
authorized to provide the service to all or part of the licensed area
of the BDU;
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d) any satellite service contained in the list of Part 2 eligible
satellite services, other than a Part 2 eligible satellite service
that the licensee was authorized to distribute as part of its basic
service before 3 June 1993; any satellite service as set out in the
new list of Part 2, Part 3 and DTH eligible satellite services for
digital distribution; as well as any non-Canadian religious satellite
service; and
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e) any Canadian television service included on the list of Part 3
eligible satellite services.
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2. |
The distribution and linkage requirements
are presented in two parts, one dealing with the requirements applicable
to Class 1 licensees, and the other dealing with the requirements
applicable to Class 2 licensees. The provisions set out in this notice
replace those contained in Distribution and linkage requirements
for Class 1 and Class 2 licensees, Broadcasting Public Notice
CRTC 2005-98, 27 October 2005. They reflect
the Commission’s determinations, set out in Revised approach for
the consideration of broadcasting licence applications proposing new
third-language ethnic Category 2 pay and specialty services, Broadcasting
Public Notice CRTC 2005-104, 23 November
2005. |
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Part I
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Rules applicable to Class 1 licensees
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Rules regarding the distribution of programming services on
an analog basis
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3. |
Where a Class 1 licensee distributes any of
the following specialty programming services, the licensee is required
to distribute that service on a dual status basis, that is, as part of
the basic service, unless the operator of that service consents in
writing to its distribution as a discretionary service: |
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CBC Newsworld;
Vision TV;
YTV;
MuchMusic;
VRAK.TV;
MétéoMédia/The Weather Network;
TV5;
Le Réseau de l’information (RDI); and,
any other specialty programming service that may be designated by
the Commission for distribution on a dual status basis.
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4. |
a) Where a Class 1 licensee distributes any of the following
specialty programming services, the licensee is required to distribute
that service on a modified dual status basis, that is, on a
discretionary basis, unless the licensee and the programming service
operator agree to its distribution as part of the basic service:
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- The Comedy Network
- The Sports Network (TSN);
- Le Réseau des Sports (RDS);
- Country Music Television (CMT);
- History Television;
- Teletoon;
- CTV NewsNet ;
- Canadian Learning Television (CLT);
- Rogers SportsNet;
- ROBTv (Report on Business Television);
- TreeHouse TV;
- Prime TV;
- Space;
- Outdoor Life;
- Home and Garden Television (HGTV);
- Star TV;
- Cable Pulse 24;
- The Score;
- MuchMoreMusic;
- Talk TV;
- Food Network Canada;
- Canal Vie;
- Le Canal Nouvelles (LCN);
- Musimax;
- Canal Z;
- Séries+;
- Canal Évasion;
- Historia;
- ARTV;
- Life Network;
- Showcase;
- Bravo!;
- W (Women’s Television Network);
- Discovery Channel;
- Canal D;
- MusiquePlus; and
- any other specialty programming service that may be designated
by the Commission for distribution by Class 1 licensees on a
modified dual status basis.
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b) Notwithstanding paragraph 4.a) and except as otherwise provided
under a condition of its licence, where a Class 1 licensee that
operates an undertaking in a Francophone market distributes any of the
following programming services, the licensee must distribute that
service solely on a discretionary basis. All of the following
services, depending on their availability, must be part of the same
tier:
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Canal Z;
Séries+;
Canal Évasion; and,
Historia.
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c) Notwithstanding paragraph 4.a) and except as otherwise provided
under a condition of its licence, where a Class 1 licensee that
operates a cable distribution undertaking in a Francophone market
distributes the service of ARTV, the licensee must distribute that
service on the existing discretionary tier having the largest
penetration, that is, the discretionary tier that is received by the
highest number of subscribers. The fee payable to the service provider
shall be in the amount of $0.55 per subscriber per month.
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d) Notwithstanding paragraph 4.a) and except as otherwise provided
under a condition of its licence, where a Class 1 licensee operates a
multipoint distribution system (MDS) undertaking in a Francophone
market, the licensee must provide the service of ARTV to any
subscriber that receives, on a discretionary basis, three or more
French-language specialty services. The fee payable to the service
provider shall be in the amount of $0.55 per subscriber per month.
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e) Except as otherwise provided under a condition of its licence,
where a Class 1 licensee was already distributing the U.S. specialty
service, TV Food Network, on an analog basis on 4 July 2000, the
licensee is required to distribute the service of Food Network Canada
on a modified dual status basis, that is, on a discretionary basis,
unless the licensee and the programming service operator agree to its
distribution as part of the basic service.
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5. |
Except as otherwise provided under a
condition of its licence, where a Class 1 licensee distributes any of
the following programming services, the licensee is required to
distribute that service exclusively as a discretionary service: |
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Fairchild Television;
Talentvision;
Telelatino;
Odyssey;
South Asian Television;
any single or limited point-of-view religious specialty service;
any other specialty programming service that is designated by the
Commission for carriage on a discretionary only basis;
any pay television service or any television pay-per-view service
offered by a pay television undertaking; and
any satellite service as set out in the list of Part 2 eligible
satellite services, other than a Part 2 eligible satellite service
that the licensee was authorized to distribute as part of its basic
service before 3 June 1993; or any non-Canadian religious satellite
service.
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6. |
Where a Class 1 licensee is authorized
under the Broadcasting Distribution Regulations or a condition of
its licence to distribute, on a discretionary basis, U.S. independent or
duplicate network stations, each such service must be distributed on a
separate channel. |
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Linkage requirements with respect to programming services, other
than single or limited point-of-view religious services, distributed as
discretionary services
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7. |
The non-Canadian satellite services
specified in the list of Part 2 eligible satellite services may only be
offered by Class 1 licensees in a package with Canadian pay television
and/or Canadian specialty services, and such a package must be
distributed on a discretionary basis, subject to the following linkage
requirements: |
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a) a Canadian pay television service may be linked in a given
discretionary tier with no more than five channels containing any of
the non-Canadian-originated services specified in either Section A or
Section B of the list of Part 2 eligible satellite services, but in no
case can a licensee distribute more than five channels of
non-Canadian-originated services linked with Canadian pay television
services, regardless of the number of Canadian pay television services
distributed by the licensee;
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b) (i) each Canadian specialty service may be linked, when
distributed on a discretionary basis within a given discretionary tier
that may include one or more Canadian specialty and/or pay television
services, with no more than one channel containing any of the
non-Canadian-originated services specified in Section A of the list of
Part 2 eligible satellite services or the non-Canadian-originated
services referred to in paragraph 8 of this notice;
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(ii) a Class 1 licensee may designate one of the U.S.
superstations specified in Section B of the list of Part 2 eligible
satellite services, and distribute the signal of that superstation
within a given discretionary tier that may include one or more
Canadian specialty and/or pay television services, provided that the
superstation is included in a tier that is distributed on a digital
basis only;
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(iii) a Class 1 licensee is not permitted to link services on the
list of Part 2 eligible satellite services with a Canadian specialty
service distributed on the basic service; and
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c) a Class 1 licensee is not permitted to offer a tier containing
only non-Canadian services.
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Linkage requirements with respect to single or limited point-of-view
religious services distributed as discretionary services
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8. |
Each Canadian single or limited
point-of-view religious pay or specialty service may be offered by Class
1 licensees in a package only with other Canadian single or limited
point-of-view religious pay or specialty services, and with any
non-Canadian religious satellite services, and all such services must be
distributed as discretionary services, subject to the following linkage
requirements: |
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a) each Canadian single or limited point-of-view religious pay
service may be linked in a single discretionary tier with no more than
five channels containing eligible non-Canadian religious satellite
services, but in no case can a single discretionary tier, whose
Canadian component consists only of single or limited point-of-view
religious pay services, contain more than five channels containing
eligible non-Canadian religious satellite services, regardless of the
number of Canadian single or limited point-of-view religious pay
services included in that tier;
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b) each Canadian single or limited point-of-view religious
specialty service may be linked, within a discretionary tier that may
include one or more Canadian single or limited point-of-view religious
services, with no more than one channel containing any of the eligible
non-Canadian religious satellite services; and
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c) a Class 1 licensee is not permitted to offer a tier containing
only non-Canadian religious satellite services.
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Rules regarding the distribution of programming services on a
digital basis
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9. |
Except as otherwise provided under a
condition of its licence, where a Class 1 licensee distributes any of
the following programming services, the licensee is required to
distribute that service exclusively as a discretionary service on a
digital basis: |
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Sport/Specials Pay-Per-View; and,
any other pay television, pay-per-view or specialty programming
service that may be designated by the Commission for carriage
exclusively as a discretionary service on a digital basis.
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10. |
A Class 1 licensee is not permitted to
distribute a Category 1 specialty programming service on a stand-alone
basis unless the Category 1 service is also distributed as part of a
package. |
11. |
A Class 1 licensee is not permitted to
package an Adult Category 2 programming service in such a way that
subscribers are obligated to purchase the service in order to purchase
any other programming service. Licensees are required to take measures
to fully block the reception of both the audio and video portions of any
Adult Category 2 programming service to subscribers who request that it
not be receivable in their home (in either unscrambled or scrambled
mode). |
12. |
Except as otherwise provided under a
condition of its licence, where a Class 1 licensee distributes any of
the following programming services, the licensee is required to
distribute that service exclusively as a discretionary service: |
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a) any pay television service or any television pay-per-view
service offered by a pay television undertaking;
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b) any satellite service as set out in the list of Part 2, Part 3
and DTH eligible satellite services for digital distribution as well
as any non-Canadian religious satellite services.
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Linkage requirements with respect to programming services, other
than single or limited point-of-view religious services, distributed as
digital discretionary services
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13. |
Any Canadian television service that is
included on the list of Part 3 eligible satellite services and that a
Class 1 licensee is authorized to distribute may be linked with a second
set of 4+1 U.S. network signals that the licensee is authorized to
distribute provided that these signals are offered on a discretionary
digital basis only. |
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Linkage requirements with respect to single or limited point-of-view
religious services distributed as digital discretionary services
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14. |
Any Canadian single or limited
point-of-view religious programming service, and any non-Canadian
religious satellite service set out in the list of Part 2, Part 3 and
DTH eligible satellite services for digital distribution, may be offered
on a "stand-alone" digital discretionary basis. Such services may also
be offered in a package with other Canadian single or limited
point-of-view religious services or with non-Canadian religious
satellite services. Class 1 licensees are not permitted to offer such
services in packages with any other type of Canadian or non-Canadian
programming service. |
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Additional rules regarding the distribution of certain
third-language Part 2 eligible satellite services authorized after 16
December 2004
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15. |
For the purpose of paragraphs 16 and 17,
the following definitions apply: |
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"general interest service" means a service that offers programming
from a broad spectrum of program genres and categories.
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"third language" means a language other than English or French.
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"third-language service" means a service that provides at least 90%
of its programming in one or more third languages. Programming that is
accompanied by secondary audio programming (SAP) or subtitles in
English or French does not count as third-language programming.
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"principal language" means a language in which 40% or more of the
programming is broadcast.
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16. |
Any non-Canadian general interest Part 2
eligible satellite service that was added to the list of Part 2 eligible
satellite services after 16 December 2004 and that provides at least 40%
of its programming in the same third language as a principal language of
one or more licensed general interest Category 2 services, may only be
offered by Class 1 licensees where the Class 1 licensee also distributes
at least one general interest Category 2 service that provides at least
40% of its programming in that language. Furthermore, any Category 2
service distributed pursuant to this requirement must be available to
subscribers as part of a package with the non-Canadian general interest
third-language service, but no subscriber shall be required to subscribe
to that non-Canadian service in order to obtain the Category 2 service,
nor shall any subscriber be required to subscribe to the Category 2
service to obtain the non-Canadian general interest Part 2 eligible
satellite service. |
17. |
In addition to the requirement in paragraph
16, any non-Canadian general interest Part 2 eligible satellite service
that was added to the list of Part 2 eligible satellite services after
16 December 2004, and that provides: |
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a) at least 40% of its programming in the Cantonese language, may
only be offered by Class 1 licensees to subscribers that also
subscribe to Fairchild Television;
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b) at least 40% of its programming in the Italian or Spanish
language, may only be offered by Class 1 licensees to subscribers that
also subscribe to Telelatino;
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c) at least 40% of its programming in the Mandarin language, may
only be offered by Class 1 licensees to subscribers that also
subscribe to Talentvision;
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d) at least 40% of its programming in the Hindi language, may only
be offered by Class 1 licensees to subscribers that also subscribe to
South Asian Television; and
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e) at least 40% of its programming in the Greek language, may only
be offered by Class 1 licensees to subscribers that also subscribe to
Odyssey.
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Additional rules regarding the distribution of certain
third-language Category 2 specialty or pay television services approved
after 23 November 2005
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18. |
For the purpose of paragraph 19, the
following definitions apply: |
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"general interest service" means a service that offers programming
from a broad spectrum of program genres and categories.
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"third language" means a language other than English or French.
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"third-language service" means a service that provides at least 90%
of its programming in one or more third languages, regardless of
whether the programming is accompanied by secondary audio programming
(SAP) or subtitles in English or in French.
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19. |
Any third-language general interest
Category 2 pay or specialty service that was approved after 23 November
2005 and that provides: |
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a) at least 40% of its programming in the Cantonese language, may
only be offered by Class 1 licensees to subscribers that also
subscribe to Fairchild Television;
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b) at least 40% of its programming in the Italian or Spanish
language, may only be offered by Class 1 licensees to subscribers that
also subscribe to Telelatino;
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c) at least 40% of its programming in the Mandarin language, may
only be offered by Class 1 licensees to subscribers that also
subscribe to Talentvision;
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d) at least 40% of its programming in the Hindi language, may only
be offered by Class 1 licensees to subscribers that also subscribe to
South Asian Television; and
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e) at least 40% of its programming in the Greek language, may only
be offered by Class 1 licensees to subscribers that also subscribe to
Odyssey.
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Part II
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Rules applicable to Class 2 licensees
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Rules regarding the distribution of programming services on an
analog basis
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20. |
a) Except as otherwise provided under a
condition of its licence, where a Class 2 licensee that operates a cable
distribution undertaking in a Francophone market distributes the service
of ARTV, the licensee must distribute that service on the existing
discretionary tier having the largest penetration, that is, the
discretionary tier that is received by the highest number of
subscribers. The fee payable to the service provider shall be in the
amount of $0.55 per subscriber per month. |
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b) Except as otherwise provided under a
condition of its licence, where a Class 2 licensee operates a multipoint
distribution system (MDS) undertaking in a Francophone market, the
licensee must provide the service of ARTV to any subscriber that
receives, on a discretionary basis, three or more French-language
specialty services. The fee payable to the service provider shall be in
the amount of $0.55 per subscriber per month. |
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Linkage requirements with respect to programming services, other
than single or limited point-of-view religious services, distributed as
discretionary services
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21. |
The non-Canadian satellite services
specified in the list of Part 2 eligible satellite services may only be
offered by a Class 2 licensee in a package with Canadian pay television
and/or Canadian specialty services, and such a package must be
distributed on a discretionary basis, subject to the following linkage
requirements: |
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a) a Canadian pay television service may be linked in a given
discretionary tier with no more than five channels containing any of
the non-Canadian-originated services specified in either Section A or
Section B of the list of Part 2 eligible satellite services, but in no
case can a licensee distribute more than five channels of
non-Canadian-originated services linked with Canadian pay television
services, regardless of the number of Canadian pay television services
distributed by the licensee;
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b) (i) each Canadian specialty service may be linked, when
distributed on a discretionary basis within a given discretionary tier
that may include one or more Canadian specialty and/or pay television
services, with no more than one channel containing any of the
non-Canadian-originated services specified in Section A of the list of
Part 2 eligible satellite services or the non-Canadian-originated
services referred to in paragraph 23 of this notice;
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(ii) a Class 2 licensee may designate one of the U.S.
superstations specified in Section B of the list of Part 2 eligible
satellite services, and distribute the signal of that superstation
within a given discretionary tier that may include one or more
Canadian specialty and/or pay television services, provided that the
superstation is included in a tier that is distributed on a digital
basis only;
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(iii) a Class 2 licensee is not permitted to link services on the
list of Part 2 eligible satellite services with a Canadian specialty
service distributed on the basic service; and
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c) a Class 2 licensee is not permitted to offer a tier containing
only non-Canadian services.
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Linkage requirements with respect to single or limited point-of-view
religious services distributed as discretionary services
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22. |
Each Canadian single or limited
point-of-view religious pay or specialty service may be offered by a
Class 2 licensee in a package only with other Canadian single or limited
point-of-view religious pay or specialty services, and with any
non-Canadian religious satellite services, and all such services must be
distributed as discretionary services, subject to the following linkage
requirements: |
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a) each Canadian single or limited point-of-view religious pay
service may be linked in a single discretionary tier with no more than
five channels containing eligible non-Canadian religious satellite
services, but in no case can a single discretionary tier, whose
Canadian component consists only of single or limited point-of-view
religious pay services, contain more than five channels containing
eligible non-Canadian religious satellite services, regardless of the
number of Canadian single or limited point-of-view religious pay
services included in that tier;
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b) each Canadian single or limited point-of-view religious
specialty service may be linked, within a discretionary tier that may
include one or more Canadian single or limited point-of-view religious
services, with no more than one channel containing any of the eligible
non-Canadian religious satellite services; and
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c) a Class 2 licensee is not permitted to offer a tier containing
only non-Canadian religious satellite services.
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Rules regarding the distribution of programming services on a
digital basis
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23. |
Where a Class 2 licensee distributes any of
the Category 1 specialty programming services, the licensee will not be
permitted to distribute any of these services on a stand-alone basis
unless the Category 1 service is also distributed as part of a package. |
24. |
A Class 2 licensee is not permitted to
package an Adult Category 2 programming service in such a way that
subscribers are obligated to purchase the service in order to purchase
any other programming service. Licensees are required to take measures
to fully block the reception of both the audio and video portions of any
Adult Category 2 programming service to subscribers who request that it
not be receivable in their home (in either unscrambled or scrambled
mode). |
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Linkage requirements with respect to single or limited point-of-view
religious services distributed as digital discretionary services
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25. |
Any Canadian single or limited
point-of-view religious programming service, and any non-Canadian
religious satellite service set out in the list of Part 2, Part 3 and
DTH eligible satellite services for digital distribution, may be offered
on a "stand-alone" digital discretionary basis. Such services may also
be offered in a package with other Canadian single or limited
point-of-view religious services or with non-Canadian religious
satellite services. Class 2 licensees are not permitted to offer such
services in packages with any other type of Canadian or non-Canadian
programming service. |
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Additional rules regarding the distribution of certain
third-language Part 2 eligible satellite services authorized after 16
December 2004
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26. |
For the purpose of paragraphs 25 and 26,
the following definitions apply: |
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"general interest service" means a service that offers programming
from a broad spectrum of program genres and categories.
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"third language" means a language other than English or French.
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"third-language service" means a service that provides at least 90%
of its programming in one or more third languages. Programming that is
accompanied by secondary audio programming (SAP) or subtitles in
English or French does not count as third-language programming.
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"principal language" means a language in which 40% or more of the
programming is broadcast.
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27. |
Any non-Canadian general interest Part 2
eligible satellite service that was added to the list of Part 2 eligible
satellite services after 16 December 2004 and that provides at least 40%
of its programming in the same third language as a principal language of
one or more licensed general interest Category 2 services, may only be
offered by Class 2 licensees where the Class 2 licensee also distributes
at least one general interest Category 2 service that provides at least
40% of its programming in that language. Furthermore, any Category 2
service distributed pursuant to this requirement must be available to
subscribers as part of a package with the non-Canadian general interest
third-language service, but no subscriber shall be required to subscribe
to that non-Canadian service in order to obtain the Category 2 service,
nor shall any subscriber be required to subscribe to the Category 2
service to obtain the non-Canadian general interest Part 2 eligible
satellite service. |
28. |
In addition to the requirement in paragraph
25, any non-Canadian general interest Part 2 eligible satellite service
that was added to the list of Part 2 eligible satellite services after
16 December 2004, and that provides: |
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a) at least 40% of its programming in the Cantonese language, may
only be offered by Class 2 licensees to subscribers that also
subscribe to Fairchild Television;
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b) at least 40% of its programming in the Italian or Spanish
language, may only be offered by Class 2 licensees to subscribers that
also subscribe to Telelatino;
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c) at least 40% of its programming in the Mandarin language, may
only be offered by Class 2 licensees to subscribers that also
subscribe to Talentvision;
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d) at least 40% of its programming in the Hindi language, may only
be offered by Class 2 licensees to subscribers that also subscribe to
South Asian Television; and
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e) at least 40% of its programming in the Greek language, may only
be offered by Class 2 licensees to subscribers that also subscribe to
Odyssey.
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Additional rules regarding the distribution of certain
third-language Category 2 specialty or pay television services approved
after 23 November 2005
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29. |
For the purpose of paragraph 30, the
following definitions apply: |
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"general interest service" means a service that offers programming
from a broad spectrum of program genres and categories.
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"third language" means a language other than English or French.
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"third-language service" means a service that provides at least 90%
of its programming in one or more third languages, regardless of
whether the programming is accompanied by secondary audio programming
(SAP) or subtitles in English or in French.
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30. |
Any third-language general interest
Category 2 pay or specialty service that was approved after 23 November
2005 and that provides : |
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a) at least 40% of its programming in the Cantonese language, may
only be offered by Class 2 licensees to subscribers that also
subscribe to Fairchild Television;
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b) at least 40% of its programming in the Italian or Spanish
language, may only be offered by Class 2 licensees to subscribers that
also subscribe to Telelatino;
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c) at least 40% of its programming in the Mandarin language, may
only be offered by Class 2 licensees to subscribers that also
subscribe to Talentvision;
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d) at least 40% of its programming in the Hindi language, may only
be offered by Class 2 licensees to subscribers that also subscribe to
South Asian Television; and
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e) at least 40% of its programming in the Greek language, may only
be offered by Class 2 licensees to subscribers that also subscribe to
Odyssey.
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Secretary General |
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This document is available in alternative
format upon request, and may also be examined in PDF
format or in HTML at the following Internet site: http://www.crtc.gc.ca
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