Vol. 139, No. 6 — February 5, 2005

Regulations Amending the Definition of "Small Cable Transmission System" Regulations

Statutory authority

Copyright Act

Sponsoring department

Department of Industry

REGULATORY IMPACT
ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Regulations Amending the Definition of Small Retransmission Systems Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsections 62(1) (see footnote a) and 68.1(5) (see footnote b) of the Copyright Act, proposes to make the annexed Regulations Amending the Definition of "Small Cable Transmission System" Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Albert Cloutier, Acting Director, Intellectual Property Policy Directorate, Department of Industry, 235 Queen Street, 10th Floor East, Ottawa, Ontario K1A 0H5.

Ottawa, January 31, 2005

EILEEN BOYD
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE DEFINITION
OF "SMALL CABLE TRANSMISSION
SYSTEM" REGULATIONS

AMENDMENTS

1. The long title of the Definition of "Small Cable Transmission System" Regulations (see footnote 1) is replaced by the following:

DEFINITION OF "SMALL CABLE TRANSMISSION SYSTEM" REGULATIONS

2. Section 1 of the Regulations and the heading before it are repealed.

3. (1) The definitions "license" and "licensed area" in section 2 of the Regulations are repealed.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"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)

4. (1) Subsection 3(1) of the Regulations is replaced by the following:

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) The portion of subsection 3(3) of the French version of the Regulations before paragraph (a) is replaced by the following:

(2) Pour l'application du paragraphe (2), font partie d'une même unité les systèmes de transmission par fil qui répondent aux critères suivants :

(3) Paragraph 3(3)(b) of the Regulations is replaced by the following:

(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 3(4) of the French version of the Regulations is replaced by the following:

(4) Le paragraphe (2) ne s'applique pas aux systèmes de transmission par fil qui faisaient partie d'une unité au 31 décembre 1993.

5. Section 4 of the Regulations is replaced by the following:

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.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

[6-1-o]

Footnote a

S.C. 1997, c. 24, s. 37(2)

Footnote b

S.C. 1997, c. 24, s. 45

Footnote 1

SOR/94-755

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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