Vol. 137, No. 3 — January 29, 2003

BROADCASTING ACT

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a) , a copy of the proposed Regulations Amending the Broadcasting Distribution Regulations, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on November 9, 2002, and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act (see footnote b) , hereby makes the annexed Regulations Amending the Broadcasting Distribution Regulations.

Gatineau, Quebec, January 15, 2003

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. Section 1 of the Broadcasting Distribution Regulations (see footnote 1)  is amended by adding the following in alphabetical order:

"specialty audio service" means a programming service provided by a person licensed to carry on a specialty audio programming undertaking. (service sonore spécialisé)

2. (1) Paragraph 23(1)(a) of the Regulations is replaced by the following:

(a) any audio Canadian programming service of a licensed or exempt broadcasting undertaking;

(2) The portion of paragraph 23(2)(b) of the Regulations before subparagraph (i) is replaced by the following:

(b) any audio Canadian programming service of a licensed broadcasting undertaking in a language other than French, English or a language spoken by an aboriginal people of Canada, that contains commercial messages unless

(3) Paragraph 23(2)(b) of the Regulations is amended by striking out the word "or" at the end of subparagraph (i), by adding the word "or" at the end of subparagraph (ii) and by adding the following after subparagraph (ii):

(iii) the licensee distributes the audio programming service solely on a digital basis.

(4) Section 23 of the Regulations is amended by adding the following after subsection (2):

(3) In subsection (4), "related programming undertaking" has the same meaning as in subsection 18(12).

(4) Except as otherwise provided under a condition of its licence, a licensee shall, for each specialty audio service of a related programming undertaking that it distributes in a licensed area, distribute the lesser of

(a) five specialty audio services of any unrelated programming undertakings, and
(b) the number of specialty audio services of any unrelated programming undertakings that are available for distribution in the licensed area.

3. Section 31 of the Regulations is replaced by the following:

31. Except as otherwise provided under a licensee's condition of licence, this Part and subsections 18(12) to (14) and 23(4) apply to Class 3 licensees.

4. Paragraph 34(a) of the Regulations is replaced by the following:

(a) any audio Canadian programming service of a licensed or exempt broadcasting undertaking;

5. Section 36 of the Regulations is replaced by the following:

36. This Part and, except as otherwise provided under a licensee's condition of licence, subsections 18(12) to (14) and 23(4) apply to licensees that hold a licence to operate a DTH distribution undertaking.

COMING INTO FORCE

6. These Regulations come into force on July 1, 2003.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The purpose of these amendments is to

(a) specify that the audio Canadian programming services that a licensee is authorized to distribute must be those of a licensed or exempt audio Canadian programming undertaking;
(b) permit digital distribution by Class 1 and Class 2 distribution undertakings of audio programming services of an ethnic station, without prior Commission authorization; and
(c) provide licensed specialty audio programming services with more opportunity to be distributed by distribution undertakings.

Footnote a 

S.C. 1991, c. 11

Footnote b 

S.C. 1991, c. 11

Footnote 1 

SOR/97-555

NOTICE:
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