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Broadcasting Public Notice CRTC 2007-125
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Ottawa, 14 November 2007 |
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Amendments to Exemption Order respecting cable broadcasting
distribution undertakings that serve between 2,000 and 6,000 subscribers,
with respect to the Commission’s community channel policy
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In this public notice, the Commission
amends the cable exemption order set out in Broadcasting Public Notice
2006-5 so as to update provisions
of that order related to community channel programming. |
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Introduction
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1. |
In Broadcasting Public Notice 2006-5,
the Commission set out the most recent version of its exemption order
respecting cable broadcasting distribution undertakings (BDUs) that
serve between 2,000 and 6,000 subscribers (the cable exemption
order). In Broadcasting Public Notice 2007-90,
the Commission proposed amendments that would update provisions of
that order relating to community channel programming. These amendments
would permit exempted cable BDUs to offer community channel programming
on the same basis as licensed cable BDUs that are either affiliated
with the exempted cable BDU, or are operating in the same province
or territory. Specifically, the Commission proposed to add the following
provisions to the cable exemption order: |
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Alternatively,
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a) where an undertaking is an affiliate of a licensed cable
system, and the Commission has prescribed specific conditions of
licence governing the offering of a community channel by that
licensed system, the undertaking may offer its community channel on
the same basis as that approved for the licensed system;
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b) where an undertaking is not an affiliate of a licensed cable
system, it may offer a community channel on the same basis as
approved by condition of licence for any licensed undertaking that
has a licensed area that includes any part of the same province or
territory in which the undertaking operates.
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2. |
In Broadcasting Public Notice 2007-90,
the Commission noted that through these proposed amendments, it intended
to address certain issues raised as a result of recent licensing decisions.
Specifically, Cogeco Cable Canada Inc. (Cogeco Canada), Cogeco Cable
Quebec Inc. (Cogeco Quebec), various licensees operating under the
business name Eastlink (collectively, Eastlink) and Rogers Cable Communications
Inc. (Rogers) had recently been granted conditions of licence permitting
them to offer "regional" or "zone-based" programming
in addition to local programming.1
Since a number of the cable BDUs operated by the above-mentioned
companies are exempted cable BDUs, amendments to the cable exemption
order were required in order to permit these companies to operate
their community channels on exempted cable BDUs in the same manner
as on licensed BDUs. |
3. |
In response to Broadcasting Public Notice
2007-90, the Commission received comments
from Câble-Axion Digitel inc. (Câble Axion), the Canadian Cable Systems
Alliance Inc. (CCSA), the C.M.E.S. Community Media Education Society
(C.M.E.S.), Eastlink, and the Fédération des télévisions communautaires
autonomes du Québec (FTCAQ). These comments are available on the Commission’s
Web site at www.crtc.gc.ca under "Public Proceedings." |
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Commission’s analysis and determinations
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4. |
The Commission considers that the following
issues arose from the comments: |
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- What impact would the proposed amendments to the cable exemption
order have on the Commission’s community channel policy?
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- Should the Commission remove from the cable exemption order the
provisions relating to the content of the community channel and to
contributions to the production of Canadian programming, as an
alternative to the proposed amendments?
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What impact would the proposed amendments to the cable exemption
order have on the Commission’s community channel policy?
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5. |
The FTCAQ disagreed with the proposed
amendments, arguing that they are inappropriate and would amount to a
change to the Commission’s overarching community channel policy for all
distributors. |
6. |
The Commission considers that the proposed
amendments would not alter the fundamental community channel policy. The
Commission acknowledges that it has authorized a departure from the
community channel policy for three large groups of licensed cable BDUs,
namely, Cogeco (Cogeco Canada and Cogeco Quebec), Eastlink and Rogers.
The objective of these amendments is only to permit these distributors
to operate community channels on their exempt BDUs on the same basis as
on their licensed BDUs and to permit exempt BDUs that operate in the
same provinces as licensed BDUs to offer community programming in the
same way as those licensed BDUs. |
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Should the Commission remove from the cable exemption order the
provisions relating to the content of the community channel and to
contributions to the production of Canadian programming, as an
alternative to the proposed amendments?
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7. |
The CCSA considered the proposed amendments
to be too complex, and argued that it would be simpler and more consistent
with the "Commission’s mandate to reduce regulation and allow
market forces to play a greater role" to remove from the cable
exemption order provisions related to the content of community channels,
as well as those requiring that licensees contribute 5% of their annual
gross revenues to the production of Canadian programming. The CCSA
suggested that these provisions may be altered in any case as a result
of the proceeding initiated by Broadcasting Notice of Public Hearing
2007-10, and argued
that removing these provisions would be less likely to conflict with
decisions taken further to that proceeding. |
8. |
The Commission considers that the CCSA
proposal to remove the community channel and contribution provisions
from the cable exemption order lies considerably beyond the scope
of the amendments proposed by the Commission in Broadcasting Public
Notice 2007-90. As noted above, the proposed
amendments are intended to address particular issues that have arisen
as a result of recent Commission decisions. Further amendments to
the cable exemption order may take place following the review of the
Broadcasting Distribution Regulations initiated by Broadcasting
Notice of Public Hearing 2007-10.
In the Commission’s view, that proceeding would be the appropriate
forum for the CCSA to raise its concerns with respect to these provisions.
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Conclusion
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9. |
In light of the above, the Commission amends
the cable exemption order set out in Broadcasting Public Notice 2006-5
so as to update provisions of that order related to community channel
programming, as originally proposed in Broadcasting Public Notice
2007-90. The amended cable exemption order
is set out in the appendix to this public notice. |
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Secretary General |
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Related documents
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- Class 3 regional licence for broadcasting distribution undertakings
in Ontario, Broadcasting Decision CRTC 2007-264,
30 July 2007, as amended by Erratum, Broadcasting Decision
CRTC 2007-264-1,
12 October 2007
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- Class 1 regional licence for broadcasting distribution undertakings
in Ontario, Broadcasting Decision CRTC 2007-263,
30 July 2007, as amended by Erratum, Broadcasting
Decision CRTC 2007-263-1,
12 October 2007
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- Call for comments – Update to Exemption Order respecting
cable broadcasting distribution undertakings that serve between
2,000 and 6,000 subscribers, Broadcasting Public Notice CRTC 2007-90,
31 July 2007
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- Review of the regulatory frameworks for broadcasting distribution
undertakings and discretionary programming services, Broadcasting
Notice of Public Hearing CRTC 2007-10,
5 July 2007, as amended by Review of the regulatory frameworks
for broadcasting distribution undertakings and discretionary programming
services, Broadcasting Notice of Public Hearing CRTC 2007-10-1,
12 September 2007, and Review of the regulatory frameworks
for broadcasting distribution undertakings and discretionary programming
services, Broadcasting Notice of Public Hearing CRTC 2007‑10‑2,
26 September 2007
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- Amendment of Class 1, 2 and 3 regional licences in Quebec,
Broadcasting Decision CRTC 2006-691,
21 December 2006
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- Programming distributed on community channels in Nova Scotia
and Prince Edward Island – Licence amendment, Broadcasting
Decision CRTC 2006-679,
19 December 2006
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- Class 1 regional licence for broadcasting distribution undertakings
in New Brunswick and in Newfoundland and Labrador, Broadcasting
Decision CRTC 2006-459,
31 August 2006
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- Changes to the distribution of the Cable Public Affairs Channel
and the parliamentary programming service in response to a Direction
from the Governor in Council, Broadcasting Public Notice CRTC 2006-5,
19 January 2006
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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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Appendix to Broadcasting Public Notice CRTC 2007-125
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Exemption order respecting cable broadcasting distribution
undertakings that serve between 2,000 and 6,000 subscribers
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This order replaces Exemption order respecting
cable broadcasting distribution undertakings that serve between 2,000
and 6,000 subscribers, set out in Appendix II to Changes
to the distribution of the Cable Public Affairs Channel and the parliamentary
programming service in response to a Direction from the Governor in
Council, Broadcasting Public Notice CRTC 2006-5,
19 January 2006. |
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Pursuant to section 9(4) of the
Broadcasting Act (the Act), the Commission, by this order, exempts
from the requirements of Part II of the Act and any regulations made
thereunder, those persons carrying on broadcasting distribution
undertakings of the class defined by the criteria outlined below. |
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Purpose
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The purpose of these broadcasting
distribution undertakings is to serve small and rural communities, and
serve between 2,000 and 6,000 subscribers. |
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Description
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1. |
The Commission would not be prohibited from
licensing the undertaking by virtue of any Act of Parliament or any
direction to the Commission by the Governor in Council. |
2. |
In total, the number of subscribers served
by the individual undertaking is 2,000 or more, but not more than 6,000.
The undertaking operates its own head end. The undertaking did not, as
of 19 May 1995, serve all or part of the same service area as that of a
cable undertaking that is a Class 1 licensee, as defined in the
Broadcasting Distribution Regulations, or did not otherwise, at the
time the undertaking first qualified for exemption, serve all or part of
the same service area as that of a cable undertaking that is a Class 1
licensee. Once exempt, the undertaking shall at no time have more than
6,600 subscribers. |
3. |
The undertaking meets all the technical
requirements of the Department of Industry (the Department) and has
acquired all authorizations or certificates prescribed by the Department. |
4. |
For the purpose of this order, |
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(1) the terms "basic band," "basic
service," "Canadian production fund," "Category 1 service," "Category 2
service," "community channel," "community programming," "comparable,"
"contribution to local expression," "Corporation," "educational
television programming service," "extra-regional television station," "independent
production fund," "licensed," "local television station," "official
contour," "pay television service," "privately owned local television
station," "programming service," "related programming undertaking," "regional
television station," "specialty service" and "station" have the same
meaning as in the Broadcasting Distribution Regulations;
and "service area" shall mean the area in which an exempt undertaking
carries on a broadcasting distribution undertaking; |
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(2) the term "affiliate" has the same
meaning as in section 21(2) of the Broadcasting Distribution
Regulations; and |
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(3) a licensee is operating in an
"anglophone market" or in a "francophone market" within the meaning in
section 18(4) of the Broadcasting Distribution Regulations. |
5. |
(1) All services of Canadian local
television stations, regional television stations, educational
television programming services designated by the province in which the
undertaking is located, and extra-regional television stations other
than affiliates or members of a network of which a local television
station is an affiliate or member, are distributed over the undertaking.
If not otherwise included in the list above, the undertaking must
distribute the programming service of at least one television station
owned and operated by the Corporation, in each of the official languages. |
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(2) In each case, the programming services
referred to in 5(1) must be distributed with no degradation of the
received signal. In addition, the undertaking shall distribute these
services as part of its basic service on channels beginning with the
basic band. |
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(3) If the undertaking receives programming
services that are identical, the undertaking is required to distribute
only one of them under 5(1). |
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(4) If the programming services of two or
more regional television stations that are affiliates or members of the
same network are received at the local head end, the undertaking is
required to distribute only one of them. |
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(5) If the undertaking was not required to
distribute a programming service described in 5(1), including an
educational programming service, as part of its basic service at the
time it first qualified for exemption, the undertaking is not required
to distribute that service under 5(1), but may distribute it as part of
the basic service. |
6. |
The undertaking must distribute, as part of
the basic service, |
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(1) the Aboriginal Peoples Television
Network programming service; |
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(2) the programming service of TVA Group Inc.
(CFTM-TV Montréal or the programming service of one of its affiliates); |
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(3) subject to subsection 6(5), if the
undertaking is operating in a francophone market, the licensed public
affairs programming service of the Cable Public Affairs Channel Inc. (CPAC)
and the service exempted pursuant to the Parliamentary and Provincial
or Territorial Legislature Proceedings Exemption Order, as may be
amended from time to time, including the main audio channel of those
services in the French language and an auxiliary audio channel of those
services in the English language; |
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(4) subject to subsection 6(5), if the
undertaking is operating in an anglophone market, the licensed public
affairs programming service of CPAC and the service exempted pursuant to
the Parliamentary and Provincial or Territorial Legislature
Proceedings Exemption Order, as may be amended from time to
time, including the main audio channel of those services in the English
language and an auxiliary audio channel of those services in the French
language; |
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(5) where the undertaking elects to
distribute, as part of its basic service, both an English-language and a
French-language version of the licensed public affairs programming
service of CPAC and the service exempted pursuant to the
Parliamentary and Provincial or Territorial Legislature Proceedings
Exemption Order, as may be amended from time to time, it is relieved
of the requirement to distribute an auxiliary audio channel for any of
these services; and |
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(6) if the undertaking is operating in an
anglophone market and distributes the Corporation’s Newsworld
programming service, the programming service of the National Broadcast
Reading Service (VoicePrint) as the secondary audio program of the
former service. |
7. |
The undertaking must distribute, |
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(1) if the undertaking is operating in a
francophone market, the licensed public affairs programming service of
CPAC and the service exempted pursuant to the Parliamentary and
Provincial or Territorial Legislature Proceedings Exemption Order,
as may be amended from time to time, including the main audio channel of
those services in the English language; and |
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(2) if the undertaking is operating in an
anglophone market, the licensed public affairs programming service of
CPAC and the service exempted pursuant to the Parliamentary and
Provincial or Territorial Legislature Proceedings Exemption Order,
as may be amended from time to time, including the main audio channel of
those services in the French language. |
8. |
An undertaking that has a nominal capacity
of 750 MHz or more and that delivers any programming service on a
digital basis shall also distribute: |
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(1) at least one pay television service in
each official language; and |
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(2) all French-language and
English-language Canadian specialty services, other than Category 2
services. |
9. |
An undertaking that has a nominal capacity
of less than 750 MHz and that delivers any programming service on a
digital basis shall distribute: |
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(1) at least one French-language Canadian
specialty service, excluding the services that the undertaking may be
required to distribute under 5 or 6 above, for every ten
English-language programming services distributed by the undertaking, if
the undertaking is operating in an anglophone market; |
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(2) at least one English-language Canadian
specialty service, excluding the services that the undertaking may be
required to distribute under 5 or 6 above, for every ten French-language
programming services distributed by the undertaking, if the undertaking
is operating in a francophone market; |
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(3) if the undertaking is operating in an
anglophone market, each English-language Category 1 service that the
operator of which is authorized to provide to all or part of the service
area of the undertaking; and |
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(4) if the undertaking is operating in a
francophone market, each French-language Category 1 service that the
operator of which is authorized to provide to all or part of the service
area of the undertaking. |
10. |
An undertaking operating in an anglophone
market shall distribute on an analog basis at least the same number of
French-language Canadian programming services as it distributed on an
analog basis on 10 March 2000. |
11. |
The undertaking must not provide a
subscriber with any programming services, other than those licensed to
carry on pay-per-view services, video-on-demand services or exempt
programming services, without also providing the basic service described
in 5. |
12. |
The undertaking must not alter or delete a
programming service in the course of its distribution except: |
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(1) for the purpose of complying with
section 329 of the Canada Elections Act; |
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(2) for the purpose of deleting a
programming service to comply with an order of a court prohibiting the
distribution of the service to any part of the service area; |
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(3) for the purpose of altering a
programming service to insert an emergency alert message in accordance
with an agreement entered into with the operator of the service or the
network responsible for the service; |
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(4) for the purpose of preventing the
breach of programming or underlying rights of a third party, in
accordance with an agreement entered into with the operator of the
service or the network responsible for the service; or |
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(5) for the purpose of deleting a
subsidiary signal, unless the signal is, itself, a programming service
or is related to the service being distributed. |
13. |
(1) The undertaking shall delete the
programming service of a television station and substitute the
programming service of a Canadian privately owned local television
station or, with the agreement of the broadcaster operating the
privately owned local television station, shall have that broadcaster
carry out the deletion and substitution, if
(a) the main studio of the privately owned local television
station
(i) is located within the service area of the
undertaking, and
(ii) is used to produce locally originated programming;
(b) the programming service to be deleted and the programming
service to be substituted are comparable and simultaneously
broadcast;
(c) the privately owned local television station has a higher
priority under 5; and
(d) in a case where the broadcaster operating the privately owned
local television station is not to carry out the deletion and
substitution under an agreement with the undertaking, the
undertaking has, at least four days before the date on which the
programming service is broadcast, received from the broadcaster
operating the privately owned local television station a written
request for the deletion and substitution.
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(2) If a substitution is requested by more
than one broadcaster, the undertaking shall give preference to the
programming service of the television station that has the highest
priority under 5. |
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(3) An undertaking may discontinue a
deletion and substitution if the programming services in respect of
which the deletion and substitution are made are not, or are no longer,
comparable and broadcast simultaneously. |
14. |
(1) The undertaking must not distribute a
programming service that the undertaking originates and that contains:
(a) anything that contravenes any law;
(b) any abusive comment or abusive pictorial representation that,
when taken in context, tends to or is likely to expose an individual
or group or class of individuals to hatred or contempt on the basis
of race, national or ethnic origin, colour, religion, sex, sexual
orientation, age or mental or physical disability;
(c) any obscene or profane language or pictorial representation;
or
(d) any false or misleading news.
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(2) For the purpose of 14(1)(b), sexual
orientation does not include the orientation towards a sexual act or
activity that would constitute an offence under the Criminal Code. |
15. |
No service received over-the-air or by
satellite or microwave or by optical fibre transmission is distributed
over the undertaking, other than a service that the Commission, by
regulation or otherwise, has authorized. |
16. |
In respect of each of analog and digital
technology, the undertaking shall ensure that a majority of the video
and audio channels received by a subscriber are devoted to the
distribution of Canadian programming services. Each pay television
service, television pay-per-view service, and video-on-demand service
shall be counted as a single video channel. |
17. |
If an undertaking that operates in a
francophone market distributes the service of ARTV, that undertaking
must distribute that service as part of the discretionary package of
services that is received by the highest number of subscribers. The fee
payable to the service provider shall be $0.55 per subscriber per month. |
18. |
The undertaking may only distribute
non-Canadian-originated services received by satellite 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 requirements: |
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(1) a Canadian pay television service may
be linked in a given discretionary package of services with no more than
five channels containing non-Canadian programming services. In no case
can an undertaking distribute more than five channels of
non-Canadian-originated services received by satellite linked with
Canadian pay television services, regardless of the number of Canadian
pay television services distributed by the undertaking; |
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(2) (a) each Canadian specialty service may
be linked in a given discretionary package of services with no more than
one channel containing non-Canadian-originated services;
(b) an undertaking may designate one U.S. superstation and distribute
the signal of that superstation within a given discretionary package of
services that may include one or more Canadian specialty and/or pay
television services, provided that the superstation is included in a
package of services that is distributed on a digital basis only;
(c) an undertaking is not permitted to link non-Canadian-originated
services received by satellite with a Canadian specialty service
distributed on the basic service; |
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(3) any Canadian programming service may be
linked with a second set of U.S. network signals offered on a digital
basis as part of a discretionary package of services; and |
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(4) an undertaking is not permitted to
offer a tier containing only non-Canadian services. |
19. |
(1) Where an undertaking distributes a
Category 1 service, the undertaking will not be permitted to distribute
that service on a stand-alone basis unless the Category 1 service is
also distributed as part of a package. |
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(2) An undertaking 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. Undertakings 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). |
20. |
The undertaking may only distribute a
single or limited point of view religious pay or specialty service in a
package with other Canadian single or limited point of view religious
pay or specialty services, and with any non-Canadian-originated
religious services, and all such services must be distributed on a
discretionary basis, subject to the following requirements: |
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(1) each Canadian single or limited point
of view religious pay service may be linked in a single discretionary
package of services with no more than five channels containing
non-Canadian-originated religious services, but in no case can a single
discretionary package of services, whose Canadian component consists
only of single or limited point of view religious pay services, contain
more than five channels containing non-Canadian religious satellite
services, regardless of the number of Canadian single or limited point
of view religious pay services included in that package of services; and |
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(2) each Canadian single or limited point
of view religious specialty service may be linked, within a
discretionary package of services that may include one or more Canadian
single or limited point of view religious services, with no more than
one channel containing non-Canadian-originated religious services. |
21. |
The undertaking must make a contribution to
Canadian programming in each broadcast year of an amount not less than
5% of that undertaking’s gross revenues derived from broadcasting
activities in the year, less any contribution to local expression made
by the undertaking in that year. Contributions to Canadian programming
shall consist of: |
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(1) a contribution to the Canadian
production fund of at least 80% of the undertaking’s total required
contribution; and |
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(2) to one or more independent production
funds, the remainder of its total required contribution. |
22. |
Where an undertaking elects to offer a
community channel as part of its contribution to local expression, the
community channel must offer community programming that meets the
following requirements: |
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(1) the programming offered must consist of
at least:
(a) 60% local community television programs that are reflective
of the community and produced in the undertaking’s service area by
the undertaking or by other members of the community served by the
undertaking;
(b) 30% access programming consisting of programs produced by
members of the community served by the undertaking;
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(2) alternatively,
(a) where an undertaking is an affiliate of a licensed cable
undertaking, and the Commission has prescribed specific conditions
of licence governing the offering of a community channel by that
licensed undertaking, the undertaking may offer its community
channel on the same basis as that approved for the licensed
undertaking;
(b) where an undertaking is not an affiliate of a licensed cable
undertaking, it may offer a community channel on the same basis as
approved by condition of licence for any licensed undertaking that
has a licensed area that includes any part of the same province or
territory in which the undertaking operates;
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(3) the programming includes no more than
two minutes per hour of promotional messages and at least 75% of this
promotional time is made available for the promotion of the community
channel, non-related Canadian programming undertakings and for unpaid
Canadian public service announcements; and |
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(4) the programming offered adheres to:
(a) the Cable television community channel standards, as
amended; and
(b) the Canadian Association of Broadcasters’ Voluntary code
regarding violence in television programming, as amended.
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Footnote:
See Broadcasting Decisions 2007-264,
2007-263, 2006-691,
2006-679 and 2006-459.
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