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Broadcasting Public Notice CRTC 2005-120
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Ottawa, 14 December 2005 |
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Linkage requirements for direct-to-home (DTH) satellite distribution
undertakings
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In this notice, the Commission sets
out revised linkage requirements for direct-to-home (DTH) satellite
distribution undertakings. These requirements replace those contained
in Linkage requirements for direct-to-home (DTH) satellite distribution
undertakings, Broadcasting Public Notice CRTC 2005-46,
11 May 2005. The revisions to the distribution and linkage requirements,
as set out herein, 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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General
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1. |
This public notice sets out the rules concerning
the linkage of programming services distributed on a discretionary
basis by licensees holding a direct-to-home (DTH) satellite distribution
undertaking licence (DTH licensee). The requirements set out below
are intended to reflect those contained in existing conditions of
licence of DTH licensees; to the extent that the requirements depart
from any particular condition of licence, the condition of licence
will prevail. The provisions set out in this notice replace those
contained in Linkage requirements for direct-to-home (DTH) satellite
distribution undertakings, Broadcasting Public Notice CRTC 2005-46,
11 May 2005. |
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2. |
The Commission has made some additions
to these rules. These additional rules relate to the distribution
of certain third-language Category 2 pay and specialty services, reflecting
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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Rules regarding the distribution of programming services
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3. |
A DTH licensee must offer the specialty
programming service of ARTV in the discretionary package containing the
largest number of French-language services. The fee payable to the
service provider shall be in the amount of $0.55 per subscriber per
month. |
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4. |
A DTH licensee will not be permitted to
distribute any Category 1 service on a stand-alone basis unless the
Category 1 service is also distributed as part of a package. |
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5. |
A DTH 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. DTH 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 discretionary services
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6. |
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. Distributors are not permitted to offer such
services in packages with any other type of Canadian or non-Canadian
programming service. |
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Linkage requirements with respect to programming services
distributed as discretionary services other than single or limited
point-of-view religious services
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7. |
The non-Canadian satellite services
specified in the list of DTH eligible satellite services may only be
offered in a discretionary package with Canadian pay television and/or
Canadian specialty services, and are subject to the following linkage
requirements: |
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a) a Canadian pay television service (excluding the service of a
Canadian DTH pay-per-view television programming undertaking) may be
linked in a given discretionary package 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 DTH eligible
satellite services, but in no case can a licensee distribute more than
five channels of non-Canadian programming 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, distributed within a
discretionary package that may include one or more Canadian specialty
and/or pay television services, may be linked with no more than one
channel containing any of the non-Canadian programming services
specified in Section A of the list of DTH eligible satellite services;
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(ii) a DTH licensee may designate one of the U.S. superstations
specified in Section B of the list of DTH eligible satellite
services, and distribute the signal of that superstation within a
given discretionary package that may include one or more Canadian
specialty and/or pay television services;
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(iii) a DTH licensee is not permitted to link services on the
list of DTH eligible satellite services with a Canadian specialty
service distributed on the basic service; and
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c) a DTH licensee is not permitted to offer a package of services
containing only non-Canadian services.
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Additional rules regarding the distribution of certain
third-language DTH eligible satellite services authorized after 16
December 2004
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8. |
For the purpose of paragraphs 9 and 10, 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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9. |
Any non-Canadian general interest DTH
eligible satellite service that was added to the list of DTH 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 DTH licensees where the DTH 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 DTH eligible
satellite service. |
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10. |
In addition to the requirement in paragraph
9, any non-Canadian general interest DTH eligible satellite service that
was added to the list of DTH 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 DTH 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 DTH 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 DTH 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 DTH 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 DTH 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 that were
approved after 23 November 2005
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11. |
For the purpose of paragraph 12, 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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12. |
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 DTH 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 DTH 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 DTH 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 DTH 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 DTH 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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