Vol. 145, No. 16 — August 3, 2011

Registration

SOR/2011-148 July 14, 2011

BROADCASTING ACT

ARCHIVED — Regulations Amending the Broadcasting Distribution Regulations

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 annexed form, was published in the Canada Gazette, Part I, on December 25, 2010 and a reasonable opportunity was 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, July 11, 2011

ROBERT A. MORIN
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. (1) The definitions “available channel”, “basic band”, “basic monthly fee”, “Category 1 service”,“Category 2 service”,“channel”, “Class 1 licensee”, “Class 2 licensee”, “Class 3 licensee”, “DTH eligible satellite service”, “ethnic station”, “House of Commons programming service”, “Part 2 eligible satellite service”, “Part 3 eligible satellite service”, “public affairs programming service”, “restricted channel” and “unserved community” in section 1 of the Broadcasting Distribution Regulations (see footnote 1) are repealed.

(2) The definitions “basic service”, “Canadian production fund”, “Canadian programming service”, “community-based digital undertaking”, “demarcation point”, “digital service area”, “distant television station”, “extra-regional television station”, “inside wire”, “licence”, “local head end”, “local television station”, “official contour”, “programming service”, “regional television station”, “relay distribution undertaking”, “station” and “television pay-per-view service” in section 1 of the Regulations are replaced by the following:

“basic service” means the service distributed in a licensed area by a licensee as a package consisting of the programming services whose distribution is required under section 17 or 46 or a condition of its licence, and any other services that are included in the package for a single fee. (service de base)

“Canadian production fund” means the Canada Media Fund or its successor. (fonds de production canadien)

“Canadian programming service” means a programming service

(a) that originates entirely within Canada; or
(b) that is provided by a licensed programming undertaking. (service de programmation canadien)

“community-based digital undertaking” means a programming undertaking that is licensed as a community-based digital undertaking and whose programming service is distributed on a digital basis. (entreprise communautaire numérique)

“demarcation point”, in respect of the wire that is used by a distribution undertaking for the distribution of programming services to a subscriber, means

(a) if the subscriber’s residence or other premises are a single-unit building,
1. (i) 30 cm outside the exterior wall of the subscriber’s premises, or
2. (ii) any point to which the licensee and the customer have agreed; and
(b) if the subscriber’s residence or other premises are located in a multiple-unit building,
1. (i) the point at which the wire is diverted to the exclusive use and benefit of that subscriber, or
2. (ii) any point to which the licensee and the customer have agreed. (point de démarcation)

“digital service area” means a service area for a licensed digital radio station that is identified in the broadcasting certificate that is issued for that station by the Minister of Industry under paragraph 5(1)(a) of the Radiocommunication Act. (zone de desserte numérique)

“distant television station” means

(a) in relation to a subscriber of a DTH distribution undertaking, a licensed television station that has a Grade B official contour or noise-limited bounding official contour that is more than 32 km from the area in which the subscriber’s residence or other premises are located; and
(b) in relation to a terrestrial distribution undertaking, a licensed television station other than a local television station, regional television station or extra-regional television station. (station de télévision éloignée)

“extra-regional television station”, in relation to a licensed area of a distribution undertaking, means a licensed television station that has

(a) a Grade A or Grade B official contour, digital urban official contour or noise-limited bounding official contour that does not include any part of the licensed area; and
(b) a Grade B official contour or noise-limited bounding official contour that includes any point located 32 km or less from the local head end of the licensed area. (station de télévision extra-régionale)

“inside wire” means the wire that is used by a distribution undertaking for the distribution of programming services that is located inside a building or, in the case of an externally wired multiple-unit building, outside the building, and that extends from the demarcation point to one or more terminal devices inside a subscriber’s residence or other premises. It includes the outlets, splitters and faceplates that are attached or connected to the wire but does not include a secured enclosure that is used to house the wire and that is attached to the exterior wall of a subscriber’s residence or other premises, an amplifier, a channel converter, a decoder or a remote control unit. (câblage intérieur)

“licence” means

(a) in the case of a Category A service, Category B service or Category C service, a licence to carry on an analog pay television programming undertaking, an analog specialty programming undertaking, a Category 1 programming undertaking or a Category 2 programming undertaking;
(b) in the case of a television station, the licence to carry on a television station; and
(c) in all other cases, a licence to carry on a distribution undertaking. (licence)

“local head end” means

(a) in respect of a radiocommunication distribution undertaking, its transmitter site; and
(b) in respect of any other terrestrial distribution undertaking,
1. (i) the specific location at which it receives the majority of the programming services that it distributes in a licensed area that are provided by local television stations or, if there are no local television stations, by regional television stations, or
2. (ii) if the majority of programming services are not received at one specific location, the specific location in the licensed area that has been designated by the licensee and authorized by the Commission as the licensee’s head end for that licensed area. (tête de ligne locale)

“local television station”, in relation to a licensed area of a distribution undertaking, means a licensed television station that

(a) has a Grade A official contour or digital urban official contour that includes any part of the licensed area; or
(b) if there is no Grade A official contour or digital urban official contour, has a transmitting antenna that is located within 15 km of the licensed area. (station de télévision locale)

“official contour” means a service contour for a licensed television station, licensed AM station or licensed FM station, that is identified in the broadcasting certificate that is issued for that station by the Minister of Industry under paragraph 5(1)(a) of the Radiocommunication Act. (périmètre de rayonnement officiel)

“programming service” means a program that is provided by a programming undertaking. (service de programmation)

“regional television station”, in relation to a licensed area of a distribution undertaking, means a licensed television station — other than a local television station — that has a Grade B official contour or noise-limited bounding official contour that includes any part of the licensed area. (station de télévision régionale)

“relay distribution undertaking” means a distribution undertaking that receives the programming services of programming undertakings and distributes them only to one or more other distribution undertakings. (entreprise de distribution par relais)

“station” means a radio or television programming undertaking that is licensed as a radio or television station or that provides its programming service by way of a transmitting antenna, or a radiocommunication distribution undertaking that rebroadcasts, by way of a signal that is not encrypted, the programming service of a radio or television programming undertaking. (station)

“television pay-per-view service” means the pay-per-view service that is provided by a person licensed to carry on a pay-per-view programming undertaking. (service de télévision à la carte)

(3) Section 1 of the Regulations is amended by adding the following in alphabetical order:

“affiliate” means

(a) in respect of a distribution undertaking, a person that controls the licensee, or that is controlled by the licensee or by a person that controls the licensee; and
(b) in respect of a television station, one that has an affiliation agreement with another television station. (affiliée)

“affiliation agreement” means an agreement between one or more television stations and another television station according to which programs provided by the latter station are broadcast by the one or more stations at a predetermined time. (contrat d’affiliation)

“anglophone market”, in respect of a licensed area, means a market that is not a francophone market. (marché anglophone)

“Atlantic provinces” means Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador. (provinces de l’Atlantique)

“authorized non-Canadian programming service” means a programming service that is authorized for distribution by the Commission and is included in the appendix to Broadcasting Regulatory Policy CRTC 2011-399, dated June 30, 2011 and entitled List of non-Canadian programming services authorized for distribution, as amended from time to time. (service de programmation non canadien approuvé)

“Category A service” means

(a) a Canadian programming service that is designated as such by the Commission; or
(b) for the remainder of the term of a licence that was issued before September 1, 2011,
1. (i) a pay television service other than a Category 2 service that was designated as such by the Commission before that day and other than a Category C service, or
2. (ii) a specialty service other than a Category 2 service that was designated as such by the Commission before that day and other than a Category C service. (service de catégorie A)

“Category B service”, except as set out in subsection 19(2), means

(a) a Canadian programming service that is designated as such by the Commission; or
(b) for the remainder of the term of a licence that was issued before September 1, 2011, a Category 2 service that was designated as such by the Commission before that day, other than a Category C service. (service de catégorie B)

“Category C service” means

(a) a Canadian programming service that is designated as such by the Commission; or
(b) a pay television service or a specialty service that is subject to the conditions of licence set out in the appendices to Broadcasting Regulatory Policy CRTC 2009-562, dated September 4, 2009 and entitled Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news, as amended from time to time. (service de catégorie C)

“contribution to local expression” means a contribution made by a licensee toward the creation and distribution of community programming and accounted for in accordance with the allowable expenditures for community channels identified in the Appendix to Broadcasting Regulatory Policy CRTC 2010-622-1, dated September 13, 2010 and entitled Community television policy — Correction, including programming-related expenses as defined in subsection 32(1). (contribution à l’expression locale)

“control” means, in respect of a programming undertaking, any situation by which de facto control is achieved, whether directly through the ownership of securities, or indirectly through a trust, agreement or arrangement, through the ownership of a body corporate or otherwise. (contrôle)

“English major ownership group” means a major ownership group that provides its programming primarily in English. (groupe de propriété principal de langue anglaise)

“ethnic Category A service” means a programming service that is designated as such by the Commission or referred to in paragraphs 129 and 138 of Broadcasting Public Notice CRTC 2008-100, dated October 30, 2008 and entitled Regulatory frameworks for broadcasting distribution undertakings and discretionary programming services. (service ethnique de catégorie A)

“exempt third-language service” means a programming service offered by a programming undertaking that is an exempt programming undertaking under the terms of the order entitled Exemption order respecting third-language television programming undertakings, made by the Commission under subsection 9(4) of the Act, that is set out in the Appendix to Broadcasting Public Notice CRTC 2007-33 dated March 30, 2007. (service en langue tierce exempté)

“format”, in respect of a video programming service, means analog, standard definition or high definition. (format)

“4 + 1 package of programming services” means a package that consists of the programming services of

(a) four non-Canadian television stations that are each affiliated with a different commercial network; and
(b) one non-commercial non-Canadian television station. (bloc de services de programmation 4 + 1)

“francophone market”, in respect of a licensed area, means a market in which, according to the most recent population figures published by Statistics Canada, French is used as the mother tongue by more than 50% of the total population of all cities, towns and other municipalities that are situated in whole or in part within the licensed area. (marché francophone)

“high definition” means a television signal that consists of at least 1,280 vertical lines of resolution and 720 horizontal lines of resolution. (haute définition)

“high definition service” means a programming service that provides any amount of its programming in high definition and includes a high definition version of a programming service. (service haute définition)

“high definition version” means

(a) in respect of a Category A service, Category B service or Category C service, the version of that service that is authorized by a condition of licence;
(b) in respect of an authorized non-Canadian programming service, the version of that service that has the following characteristics:
1. (i) not more than 14 hours — over the course of a broadcast week — of the video and audio components are different from the analog or standard definition version of the programming service, excluding commercial messages and any part of the programming service that is carried on a subsidiary signal, and
2. (ii) the video and audio components that are different from the analog or standard definition version of the programming service are broadcast in high definition; and
(c) in respect of a Canadian television station, the version of that television station that contains any amount of programming in high definition. (version haute définition)

“major ownership group” means an ownership group that is set out in the schedule. (groupe de propriété principal)

“non-Canadian programming service” means a programming service that is not a Canadian programming service. (service de programmation non canadien)

“operator” means

(a) in relation to a licensed programming undertaking, the person that is licensed to carry on the programming undertaking; or
(b) in relation to an exempt programming undertaking, the person that carries on the exempt programming undertaking. (exploitant)

“ownership group” means a person that controls one or more persons that carry on one or more licensed or exempt programming undertakings and all persons that carry on those programming undertakings. (groupe de propriété)

“related programming undertaking” means a programming undertaking of which a licensee or an affiliate of that licensee, or both, controls more than 10%. (entreprise de programmation liée)

“share” means a share in the capital of a corporation and includes a security that is convertible into a share at all times at the option of the holder. (action)

“Small Market Local Production Fund” means the independent production fund that has been established to assist small market, independently-owned television stations in meeting their commitments to local programming in accordance with the criteria set out in Broadcasting Public Notice CRTC 2003-38, dated July 16, 2003 and entitled Contributions to Canadian programming by broadcasting distribution undertakings, or its successor. (Fonds de production local pour les petits marchés)

“standard definition” means a television signal that consists of fewer lines of horizontal or vertical resolution than does a high definition version of a television signal. (définition standard)

“terrestrial distribution undertaking” means a distribution undertaking — other than a DTH distribution undertaking or a relay distribution undertaking — that is

(a) the holder of a terrestrial distribution licence or terrestrial distribution regional licence issued on or after September 1, 2011; or
(b) for the remainder of the term of a licence that was issued before September 1, 2011,
1. (i) the holder of a Class 1 licence or Class 1 regional licence,
2. (ii) the holder of a Class 2 licence or Class 2 regional licence, or
3. (iii) the holder of a Class 3 licence or Class 3 regional licence. (entreprise de distribution terrestre)

“third-language service” means a programming service that provides at least 90% of its programming over the broadcast week in one or more languages other than English or French, exclusive of secondary audio programming and subtitles. (service en langue tierce)

“unrelated programming undertaking” means a programming undertaking that is not a related programming undertaking. (entreprise de programmation non liée)

“wholesale rate” means the monthly fee that is payable by a licensee to a programming undertaking to receive a programming service. (tarif de gros)

2. Section 6 of the Regulations is replaced by the following:

6. (1) Except as otherwise provided under a condition of its licence, a licensee shall ensure, in respect of each of analog and digital technology, that a majority of each of the video and audio programming services that are received by a subscriber are devoted to the distribution of Canadian programming services.

(2) For the purposes of subsection (1), each programming service of one of the following types counts as a single video programming service regardless of the number of channels on which that programming service is distributed by a licensee in a licensed area:

(a) pay television service;
(b) television pay-per-view service;
(c) DTH pay-per-view service; and
(d) video-on-demand service.

(3) For the purposes of subsection (1), each analog service, standard definition service and high definition service of the following types of programming service counts as a single video programming service:

(a) licensed television station;
(b) pay television service;
(c) specialty service;
(d) authorized non-Canadian programming service; and
(e) non-Canadian television station.

3. The portion of section 7 of the Regulations before paragraph (a) is replaced by the following:

7. A licensee shall not alter the content or format of a programming service or delete a programming service in a licensed area in the course of its distribution except

4. Section 8 of the Regulations is amended by adding the following after subsection (2):

(3) For the purpose of paragraph (1)(c), material is obscene if it has as a dominant characteristic the undue exploitation of sex or the combination of sexual content with one or more of the following subjects, namely, crime, horror, cruelty and violence.

5. Subsections 11(2) and (3) of the Regulations are replaced by the following:

(2) At the request of the Commission, a licensee shall respond to

(a) any complaint or request for resolution of a dispute filed by any person or any request for information regarding programming originated or distributed by the licensee or regarding the licensee’s technical operations, subscribership, financial affairs or ownership; and
(b) any request for information regarding the licensee’s adherence to the conditions of its licence, the Act, these Regulations, industry standards, practices or codes or any other self-regulatory mechanism of the industry.

6. Subsections 12(1) and (2) of the Regulations are replaced by the following:

12. (1) If there is a dispute between the licensee of a distribution undertaking and the operator of a licensed programming undertaking or an exempt programming undertaking concerning the carriage or terms of carriage of programming originated by the programming undertaking — including the wholesale rate and the terms of any audit referred to in section 15.1 — one or both of the parties to the dispute may refer the matter to the Commission.

7. The Regulations are amended by adding the following after section 15:

AUDIT ACCESS BY PROGRAMMING SERVICES

15.1 A licensee shall give access to its records to any Canadian programming undertaking that receives a wholesale rate for its programming services to enable the programming undertaking to verify the subscriber numbers for the programming services of the programming undertaking in accordance with the terms prescribed in Broadcasting Public Notice CRTC 2005-34, dated April 18, 2005 and entitled Auditing of distributor subscriber information by programming services.

ACCOUNT STACKING

15.2 If a licensee is required to pay a wholesale rate for a Canadian programming service that it provides to a single subscriber at two or more separate dwellings or other premises that are owned or occupied by the same subscriber, the licensee shall remit the wholesale rate to the Canadian programming undertaking for each dwelling or other premises served.

NOTICE OF CHANNEL REALIGNMENT

15.3 A licensee shall not realign the channel number on which a Canadian programming service is distributed unless, at least 60 days before the proposed effective date of the realignment, the licensee sends a written notice indicating the intended date of the realignment and the channel number on which the programming service will be distributed to each of the operators of the programming services whose channel placements will be affected by the channel realignment.

8. Parts 2 to 5 of the Regulations are replaced by the following:

PART 2

TERRESTRIAL DISTRIBUTION UNDERTAKINGS

APPLICATION

16. Except as otherwise provided in these Regulations or under a condition of licence, this Part applies to the digital distribution of programming services by licensees that hold a licence to operate a terrestrial distribution undertaking.

TELEVISION PROGRAMMING SERVICES TO BE DISTRIBUTED AS PART OF THE BASIC SERVICE

17. (1) Except as otherwise provided in subsections (3) to (5) or under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service, in the following order of priority:

(a) the programming services of all local television stations that are owned and operated by the Corporation;
(b) the educational television programming services that are received by the licensee over the air or by some other method, the operation of which is the responsibility of an educational authority designated by the province in which the licensed area is located;
(c) the programming services of all other local television stations that are not being distributed under paragraph (a) or (b);
(d) the programming services of any regional television station that is owned and operated by the Corporation, unless the licensee is distributing, in accordance with paragraph (a), the programming services of a local television station that is owned and operated by the Corporation and that broadcasts in the same official language as the regional television station;
(e) the programming services of all regional television stations that are not being distributed in accordance with paragraph (b) or (d), except to the extent that the licensee is distributing, under paragraph (a), (c) or (d), the programming services of an affiliated television station or one that is a member of the same ownership group;
(f) if they are provided to the licensee by the programming undertaking and are not being distributed in accordance with paragraph (a) or (d), the programming services of at least one television station that broadcasts in English and at least one that broadcasts in French that are owned and operated by, or that are affiliates of, the Corporation; and
(g) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

(2) Except as otherwise provided under a condition of its licence, a licensee shall distribute the following services in each licensed area as part of its basic service:

(a) the programming services of the community channel if the licensee elects to distribute community programming under paragraph 20(1)(d), or the programming services of a community programming undertaking if one is licensed in the licensed area; and
(b) a programming service that consists of the proceedings of the legislature of the province in which the licensed area is located if the licensee elects to distribute that programming service, unless the programming undertaking that provides that programming service agrees in writing to its distribution as a discretionary service.

(3) If a licensee receives programming services that are identical, it is required to distribute only one of them under subsection (1).

(4) If the programming services of two or more television stations rank equally in the order of priority set out in subsection (1), a licensee shall, unless the operators of the stations agree otherwise in writing, give priority

(a) if all of the stations have studios that are located in the province in which the licensed area is located or in the National Capital Region as described in the schedule to the National Capital Act, to the programming services of those stations in the order of the proximity of their main studios to the local head end of the licensed area; and
(b) if one or more — but not all — of the stations have studios that are located in the same province as the licensed area, to the programming service of any station that has a studio located in the same province as the licensed area.

(5) The licensee’s obligation to distribute the programming services of a local television station or a regional television station under subsection (1) also includes the obligation to distribute the digital programming service of that television station that is received by direct feed if the programming service of the local television station or regional television station is also received over the air by the licensee in its licensed area.

ACCESS FOR TELEVISION PROGRAMMING SERVICES

18. (1) In subsection (2), “general interest television pay-per-view service” means a television pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

(2) Except as otherwise provided in this section, in sections 23 to 27 or under a condition of its licence, a licensee shall distribute

(a) if the licensee is operating in an anglophone market,
1. (i) each English-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,
2. (ii) at least one English-language general interest television pay-per-view service, and
3. (iii) to the extent that such a programming service is available, at least one French-language Category A service, Category B service or Category C service for every 10 English-language programming services that it distributes;
(b) if the licensee is operating in a francophone market,
1. (i) each French-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,
2. (ii) at least one French-language general interest television pay-per-view service, and
3. (iii) to the extent that such a programming service is available, at least one English-language Category A service, Category B service or Category C service for every
  10 French-language programming services that it distributes; and
(c) the ethnic Category A service of a programming undertaking that is authorized to provide that programming service to all or part of the licensed area if
1. (i) the licensee was distributing the service in the licensed area on October 30, 2008, or
2. (ii) according to the most recent population figures published by Statistics Canada, 10% or more of the total population of all cities, towns and other municipalities situated in whole or in part within the licensed area is of one or a combination of the ethnic origins to which the service is intended to appeal.

(3) For the purposes of subparagraphs (2)(a)(iii) and (b)(iii),

(a) a Category A service, Category B service or Category C service does not include a programming service that is required under section 17 to be distributed in the licensed area; and
(b) the analog or standard definition programming service and the high definition service together count as a single programming service.

(4) Except as otherwise provided under a condition of its licence, a licensee shall distribute

(a) the programming service of a community-based low-power television station to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that station; and
(b) the programming service of a community-based digital undertaking to the subscribers of the distribution undertaking whose residence or other premises are located within the service area of that undertaking.

(5) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under this section and section 19 by distributing either the standard definition programming service or the high definition version of that programming service.

ACCESS FOR UNRELATED PROGRAMMING UNDERTAKINGS

19. (1) The following definitions apply in this section.

“related exempt programming undertaking” means an exempt programming undertaking that is not an unrelated exempt programming undertaking. (entreprise de programmation exemptée liée)

“unrelated exempt programming undertaking” means

(a) an exempt programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or
(b) an exempt programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 15% and whose programming services the licensee was distributing on October 30, 2008. (entreprise de programmation exemptée non liée)

(2) For the purposes of subsection (3), a Category B service includes

(a) a video-on-demand service;
(b) a pay-per-view service distribution of which began on or after February 1, 2001; and
(c) a DTH pay-per-view service distribution of which began on or after February 1, 2001.

(3) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category B service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area, distribute in that area at least three Category B services or at least three exempt third-language services — or any combination of at least three of those services — of unrelated programming undertakings.

(4) If the Category B service of the related programming undertaking referred to in subsection (3) is a French-language Category B service, at least two of the three programming services of the unrelated programming undertakings that are to be distributed under subsection (3) shall, to the extent that they are available, be French-language programming services.

(5) A licensee that distributes one or more programming services of related exempt programming undertakings in a licensed area shall also distribute an equal number of programming services of unrelated exempt programming undertakings in the licensed area.

TELEVISION PROGRAMMING SERVICES THAT MAY BE DISTRIBUTED

20. (1) Except as otherwise provided under a condition of its licence, a licensee may, once it is distributing all the programming services that it is required to distribute in a licensed area under sections 17 to 19, distribute in that licensed area

(a) the programming service of any regional television station that is not distributed by the licensee in the licensed area under section 17 or of any extra-regional television station;
(b) any video-on-demand service and any television pay-per-view service, the operator of which is authorized to provide the service to all or part of the licensed area, that is not distributed by the licensee in the licensed area under section 18 or 19;
(c) any Category A service, Category B service or Category C service that is not distributed by the licensee in the licensed area under section 18 or 19;
(d) subject to section 30, community programming;
(e) the programming service of any non-Canadian television station that is received over the air at the local head end, other than
1. (i) a programming service consisting of programming that has predominantly religious content, and
2. (ii) the programming service of a non-Canadian television station that began operation after January 1, 1985;
(f) any authorized non-Canadian programming service — including, subject to section 22, a 4 + 1 package of programming services;
(g) subject to section 21, the programming service of any distant television station;
(h) the programming service of any licensed television station that provides its programming services by direct feed and that is not distributed by the licensee in the licensed area under section 17 or otherwise under this section;
(i) subject to subsection 19(5), the programming service of any exempt programming undertaking;
(j) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels;
(k) subject to section 21, an educational television programming service whose operation is the responsibility of an educational authority designated by a province other than the province in which the licensed area is located; and
(l) any programming service — including, subject to section 22, a further 4 + 1 package of programming services — that is authorized under a condition of its licence.

(2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

DISTRIBUTION OF DISTANT TELEVISION STATIONS

21. (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

(2) The licensee is not required to obtain the consent of the operator of the distant television station if the signal is required to be distributed as part of the licensee’s basic service under section 17 or under a condition of its licence.

DISTRIBUTION OF NON-CANADIAN TELEVISION STATIONS

22. Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the licensee’s local head end is located unless the licensee also distributes to its subscribers the programming services of at least one television station from each English major ownership group that originate in the same time zone.

DISTRIBUTION AND LINKAGE

23. (1) Except as otherwise provided under a condition of its licence, a licensee that distributes a Category A service in a licensed area as part of a package of programming services may also distribute the service in the licensed area on a stand-alone basis.

(2) If the licensee is operating in a francophone market, it shall distribute, in that market in a single package of programming services, all the French-language Category A services that it does not otherwise distribute in that market under paragraph 17(1)(g), before it distributes any of those services in other packages of programming services or on a stand-alone basis.

24. Except as otherwise provided under a condition of its licence, a licensee shall not distribute an authorized non-Canadian programming service unless it distributes the service on a discretionary basis.

25. (1) Except as otherwise provided under a condition of its licence, a licensee shall not distribute Category B services or exempt third-language services that are adult programming services unless they are packaged in such a way that subscribers are not obligated to subscribe to any of those programming services in order to obtain any other programming service.

(2) A licensee that distributes Category B services or exempt third-language services that are adult programming services shall fully block the reception of both the audio and video portions of those services to subscribers who request that they not receive the services in either unscrambled or scrambled mode.

26. (1) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee may distribute, on a stand-alone basis, a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service or a religious authorized non-Canadian programming service.

(2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not distribute single point-of-view religious pay television services, limited point-of-view religious pay television services, religious specialty services or religious authorized non-Canadian programming services in a package of programming services unless the other services in the package are one or more of those types of services.

(3) The licensee may only distribute the services referred to in subsections (1) and (2) as discretionary services.

27. (1) The following definitions apply in this section.

“general interest” in respect of programming, means programming from a broad spectrum of program genres and categories. (intérêt général)

“principal language” means a language in which 40% or more of the programming of a programming service is provided over the course of a broadcast week. (langue principale)

(2) Except as otherwise provided under a condition of its licence, a licensee shall, for every one to three non-Canadian third-language services that it distributes to its subscribers, distribute — to the extent that they are available in the same principal language — at least one Canadian third-language service.

(3) Except as otherwise provided under a condition of its licence, a licensee that distributes a non-Canadian third-language service in accordance with subsection (2) shall only distribute that service to its subscribers as part of a package with one or more Canadian third-language services.

(4) Except as otherwise provided under a condition of its licence, a licensee that distributes a general interest Category B third-language service to subscribers shall also distribute an ethnic Category A service to them if one is available in the same principal language.

AUDIO PROGRAMMING SERVICES THAT MAY BE DISTRIBUTED

28. (1) Except as otherwise provided under a condition of its licence, a licensee may distribute in any licensed area

(a) any audio Canadian programming service of a licensed programming undertaking or exempt programming undertaking;
(b) any audio non-Canadian programming service that is received over the air at the local head end;
(c) any international radio service that is operated or funded by a national government or its agent; and
(d) any audio programming service that is authorized under a condition of its licence.

(2) 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.

ACCESS BY PAY AUDIO PROGRAMMING UNDERTAKINGS

29. (1) In this section, “unrelated pay audio programming undertaking” means

(a) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls 10% or less; or
(b) a pay audio programming undertaking of which the licensee or an affiliate, or both, controls more than 10% but less than 30% and whose programming services the licensee was distributing on October 30, 2008.

(2) Subject to subsection (3), if a licensee distributes in a licensed area the programming service of a pay audio programming undertaking other than an unrelated pay audio programming undertaking, the licensee shall distribute in the licensed area the programming service of at least one unrelated pay audio programming undertaking.

(3) A licensee is not required to distribute in a licensed area the programming service of an unrelated pay audio programming undertaking that is delivered to the licensee in a format that is technically incompatible with the licensee’s method of signal distribution.

COMMUNITY CHANNEL

30. (1) Except as otherwise provided in subsections (2) and (3) or under a condition of its licence, if a licensee elects to distribute community programming under paragraph 20(1)(d) in a licensed area, the licensee shall not distribute, on the community channel in the licensed area, any programming service other than the following:

(a) community programming;
(b) a maximum of two minutes during each clock hour of announcements promoting broadcasting services that the licensee is authorized to provide;
(c) a public service announcement;
(d) an information program funded by and produced for a federal, provincial or municipal government or agency or a public service organization;
(e) the question period of the legislature of the province in which the licensed area is located;
(f) an announcement providing information about the programming that is to be distributed on the community channel;
(g) a commercial message that mentions or displays the name of a person who sponsored a community event or the goods, services or activities sold or promoted by the person, if the mention or display is in the course of, and incidental to the production of, community programming relating to the event;
(h) an oral or written acknowledgement, that may include a moving visual presentation of no more than 15 seconds per message, contained in community programming that mentions no more than the name of a person, a description of the goods, services or activities that are being sold or promoted by the person, and their address and telephone number, if the person provided direct financial assistance for the community programming in which the acknowledgement is contained;
(i) an oral or a written acknowledgement contained in community programming that mentions no more than the name of a person, the goods or services provided by the person and their address and telephone number, if the person provided the goods or services free of charge to the licensee for use in connection with the production of the community programming in which the acknowledgement is contained;
(j) a still image programming service as described in Public Notice CRTC 1993-51, dated April 30, 1993 and entitled Exemption order respecting still image programming service undertakings, if the service is produced by the licensee or by members of the community served by the licensee and does not contain commercial messages, other than commercial messages that are contained within the programming service of a licensed radio station; and
(k) the programming of a community programming undertaking.

(2) At least 75% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) shall be made available for the promotion of the community channel and for the promotion, by Canadian programming undertakings other than related programming undertakings, of their respective services.

(3) A maximum of 25% of the time for promotional announcements broadcast in each broadcast week under paragraph (1)(b) may be made available for the promotion of the services of related programming undertakings, discretionary services, packages of programming services, FM services and additional outlets and for the distribution of information on customer services and channel realignments.

(4) Whenever a licensee is not distributing community programming on the community channel in a licensed area, or is distributing on that channel community programming that has no audio component, the licensee may distribute on that channel the programming service of a local radio station, other than an educational radio programming service whose operation is the responsibility of an educational authority.

(5) If a licensee provides time on the community channel in a licensed area during an election period for the distribution of programming of a partisan political character, the licensee shall allocate that time on an equitable basis among all accredited political parties and rival candidates.

31. (1) Except as otherwise provided under a condition of its licence, a licensee shall devote not less than 60% of the programming distributed on the community channel in the licensed area in each broadcast week to the distribution of local community television programming.

(2) Except as otherwise provided under a condition of its licence, a licensee

(a) shall devote at least the following percentages of the programming distributed on the community channel in each broadcast week to community access television programming:
1. (i) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012,
2. (ii) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013,
3. (iii) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014, and
4. (iv) 50% for each successive broadcast year beginning on September 1, 2014;
(b) shall, on or before August 31, 2014, devote a further percentage up to a total of 50% of the programming distributed on the community channel in each broadcast week to community access television programming, according to requests;
(c) shall, if one or more community television corporations are in operation in a licensed area, make available to them up to 20% of the programming distributed on the community channel in each broadcast week for community access television programming; and
(d) shall, if one or more community television corporations are in operation in a licensed area, make available to each of them, on request, not less than four hours of community access television programming in each broadcast week.

(3) The time allocated to the distribution of alphanumeric message services is excluded from the calculation of the programming requirement under this section.

32. (1) In this section, “programming-related expense” means an expenditure for the creation of programming, including

(a) expenditures on volunteer training and volunteer program development and community outreach, but excluding expenditures related to technology, sales, promotion and administration as well as general expenses; and
(b) expenditures related to the acquisition of programming produced by community-based digital undertakings, community-based low-power television stations or community television corporations.

(2) Except as otherwise provided under a condition of its licence, a licensee shall direct to community access programming at least the following percentages of its programming-related expenses:

(a) 35% for the broadcast year beginning on September 1, 2011 and ending on August 31, 2012;
(b) 40% for the broadcast year beginning on September 1, 2012 and ending on August 31, 2013;
(c) 45% for the broadcast year beginning on September 1, 2013 and ending on August 31, 2014; and
(d) 50% for each successive broadcast year beginning on September 1, 2014.

(3) Except in the final year of the term of its licence, a licensee may defer up to 5% of the amount of programming-related expenses required to be directed in respect of a given broadcast year under subsection (2) to the following broadcast year.

33. (1) Except as otherwise provided under a condition of its licence, a licensee shall

(a) keep a program log or a machine-readable record of programs distributed on the community channel in each licensed area and retain it for a period of one year after distribution of the programs; and
(b) enter into the program log or machine-readable record of programs each day the following information for each program:
1. (i) the title of the program,
2. (ii) its date of distribution, time of commencement and completion, and duration, including the announcements and commercial messages referred to in paragraphs 30(1)(b) and (g),
3. (iii) a brief description of the program, including a statement as to whether it is local community television programming,
4. (iv) the name of the distribution undertaking for which the program was produced and the name of the producer,
5. (v) a statement as to whether the program constitutes community access television programming and identifying the party that has been provided with access, and
6. (vi) the time of commencement of the announcements and commercial messages referred to in paragraphs 30(1)(b) and (g), the duration and, in the case of each commercial message, the name of the person selling or promoting goods, services or activities.

(2) A licensee shall retain a clear and intelligible audiovisual recording of each program distributed on the community channel in each licensed area for a period of

(a) four weeks after the date of distribution of the program; or
(b) eight weeks after the date of distribution of the program, if the Commission receives a complaint from a person regarding the program or, for any other reason, decides to investigate, and so notifies the licensee before the end of the period referred to in paragraph (a).

(3) If, before the end of the relevant period referred to in paragraph (1)(a) or in subsection (2), the Commission requests from a licensee a program log, machine-readable record or clear and intelligible audiovisual recording of a program, the licensee shall immediately furnish the log, record or recording to the Commission.

CONTRIBUTION TO LOCAL EXPRESSION, CANADIAN PROGRAMMING AND COMMUNITY TELEVISION

34. (1) If a licensee is required under this section to make a contribution to Canadian programming, it shall contribute

(a) to the Canadian production fund at least 80% of its total required contribution; and
(b) to one or more independent production funds, the remainder of its total required contribution.

(2) Except as otherwise provided under a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if a community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 3% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming and a contribution of 2% of its gross revenues derived from broadcasting activities in the broadcast year to the community programming undertaking.

(3) Except as otherwise provided under a condition of its licence, if a licensee does not distribute its own community programming on the community channel and if no community programming undertaking is licensed in the licensed area, the licensee shall make, for each broadcast year, a contribution of 5% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming.

(4) Except as otherwise provided under a condition of its licence, if a licensee distributes its own community programming on the community channel, the licensee shall make, for each broadcast year, a contribution to Canadian programming that is equal to the greater of

(a) 5% of its gross revenues derived from broadcasting activities in the broadcast year, less any contribution to local expression made by the licensee in that broadcast year, and
(b) 3% of its gross revenues derived from broadcasting activities in that broadcast year.

35. Except as otherwise provided under a condition of its licence, a licensee shall make, for each broadcast year, a contribution of 1.5% of its gross revenues derived from broadcasting activities in the broadcast year to Canadian programming. The contribution shall be made to the Local Programming Improvement Fund.

36. (1) The licensee shall separately calculate the contributions required under sections 34 and 35 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

(2) Each contribution shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

(3) Despite subsections (1) and (2), if the licensee’s gross revenues derived from broadcasting activities in the previous broadcast year are not known when an instalment is to be made, that instalment shall be equal to an amount that is 1/12 of the contribution to be made, calculated on the basis of an estimate of those gross revenues.

37. If, as a result of the calculations performed under subsection 36(1) the contribution made by a licensee for a broadcast year is greater than the amount required under section 34 or 35, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year; however, if it is less than the amount required, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

PROGRAMMING SERVICE DELETION AND SUBSTITUTION

38. (1) The following definitions apply in this section.

“broadcaster” includes an educational authority responsible for an educational television programming service. (radiodiffuseur)

“local television station”, in addition to the meaning assigned by section 1, includes the station “A” Atlantic and an educational authority responsible for an educational television programming service. (station de télévision locale)

(2) Except as otherwise provided in subsection (4) or under a condition of its licence, a licensee

(a) shall, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a local television station or a regional television station or, with the agreement of the broadcaster operating the local television station or regional television station, have that broadcaster carry out the deletion and substitution, if
1. (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,
2. (ii) the local television station or regional television station has a higher priority under section 17, and
3. (iii) in the case where the broadcaster operating the local television station or regional television station is not required to carry out the deletion and substitution under an agreement with the licensee, the licensee has, at least four days before the date on which the programming service is to be broadcast, received from the broadcaster operating the local tele vision station or regional television station a written request for the deletion and substitution;
(b) may delete and substitute a programming service under paragraph (a) even if the licensee has received a written request from the broadcaster operating the local television station or regional television station less than four days before the date on which the programming service is to be broadcast; and
(c) may, in a licensed area, delete the programming service of a television station and substitute it with the programming service of a specialty service if
1. (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast, and
2. (ii) the operator of the specialty service has submitted a written request to the licensee for the deletion and substitution.

(3) If a substitution is requested by more than one broadcaster under paragraph (2)(a), the licensee shall give preference to the programming service of the television station that has the highest priority under section 17.

(4) A licensee shall not delete the programming service of a television station under subsection (2) if the Commission notifies the licensee that the deletion is not in the public interest because

(a) undue financial hardship would result for the operator of the television station; or
(b) the programming service to be deleted contains subsidiary signals designed to inform or entertain and the programming service to be substituted for it does not contain similar signals.

(5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or of higher format than, the programming service to be deleted.

(6) If a programming service of a local television station — other than the station “A” Atlantic or an educational authority responsible for an educational television programming service — is provided by direct feed to a licensee in its licensed area, the licensee is required to substitute the programming service under paragraph (2)(a) only if it is also receivable over the air by the licensee in its licensed area.

(7) A licensee may discontinue a deletion and substitution made under subsection (2) if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.

PART 3

DISTRIBUTION OF PROGRAMMING SERVICES ON AN ANALOG BASIS

APPLICATION

39. Except as otherwise provided under a condition of licence, this Part and sections 19, 23 to 26, 28 and 30 to 38 apply to terrestrial distribution undertakings that elect to distribute programming services on an analog basis.

ANALOG DISTRIBUTION

40. A licensee that distributes programming services on a digital basis to its subscribers in a licensed area shall not distribute a programming service on an analog basis in the licensed area if the distribution of the latter service prevents it from fulfilling its obligations under Part 2 in the licensed area.

TELEVISION PROGRAMMING SERVICES TO BE DISTRIBUTED AS PART OF THE BASIC SERVICE

41. (1) Except as otherwise provided in subsections 17(3) and (4) or under a condition of its licence, a licensee that distributes programming services on an analog basis in a licensed area shall distribute the following as part of the analog version of its basic service in the licensed area in the following order of priority:

(a) the programming services referred to in paragraphs 17(1)(a) to (f), in the order of priority in which those paragraphs are set out; and
(b) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service, but excluding any programming service of a programming undertaking that is required to be distributed solely on a digital basis.

(2) When the operator of a Canadian programming undertaking provides a programming service solely on a digital basis, the licensee shall obtain the operator’s consent in writing before distributing the programming service on an analog basis.

(3) Despite subsection (1), if the consent referred to in subsection (2) cannot be obtained, the licensee is not required to distribute the programming service in question.

TELEVISION PROGRAMMING SERVICES THAT MAY BE DISTRIBUTED

42. Except as otherwise provided under a condition of its licence, a licensee may, once it is distributing all the programming services that it is required to distribute in a licensed area under section 41, distribute in that licensed area any programming service that it was distributing on an analog basis in that licensed area before December 10, 2010.

CESSATION OF ANALOG DISTRIBUTION

43. A licensee shall not cease distributing any of the programming services that it distributes in accordance with section 41 until it has first ceased distribution of the programming services that it distributes in accordance with section 42.

44. A licensee shall not cease the analog distribution of a programming service unless, at least 60 days before the proposed cessation date, the licensee sends a written notice indicating the proposed cessation date to the operator of the programming undertaking whose programming service is the subject of the proposed cessation.

PART 4

DTH DISTRIBUTION UNDERTAKINGS

APPLICATION

45. Except as otherwise provided under a condition of licence, this Part and sections 19 and 23 to 27, subsection 28(2) and section 29 apply to licensees that hold a licence to operate a DTH distribution undertaking.

TELEVISION PROGRAMMING SERVICES TO BE DISTRIBUTED AS PART OF THE BASIC SERVICE

46. (1) The following definitions apply in this section.

“independent ownership group” means an ownership group — other than the Corporation or a major ownership group — that owns and operates an independently-owned television station or an ownership group designated as such by the Commission in paragraph 31 of Broadcasting Regulatory Policy CRTC 2010–162 dated March 19, 2010 and entitled Distribution by direct-to-home services of stations from the major ownership groups in the Atlantic provinces and independently owned stations across Canada. (groupe de propriété indépendante)

“independently-owned television station” means a licensed television station that is not owned by one of the major ownership groups and that provides, in one of the official languages, local programming to the community it is licensed to serve. (station de télévision de propriété indépendante)

(2) Except as otherwise provided under a condition of its licence, a licensee shall distribute, as part of its basic service, to the extent that they are available, the programming services of two independently-owned television stations from each independent ownership group to subscribers whose residence or other premises are located within the Grade B official contour or noise-limited bounding official contour.

(3) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service,

(a) the educational television programming services, to the extent that they are available, whose operation is the responsibility of an educational authority designated by the province in which the subscriber’s residence or other premises are located; and
(b) the programming services of a programming undertaking that the Commission has required, under paragraph 9(1)(h) of the Act, to be distributed as part of the basic service.

(4) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Ontario, Quebec, Manitoba, British Columbia, Saskatchewan or Alberta,

(a) the programming service, to the extent that it is available, of one of each of the Corporation’s English-language and French-language network television stations that originate in the province in which the subscriber’s residence or other premises are located;
(b) the programming service, to the extent that it is available, of one television station from each major ownership group that originates in the province in which the subscriber’s residence or other premises are located; and
(c) the programming service, to the extent that it is available, of one independently-owned television station that originates in the province in which the subscriber’s residence or other premises are located.

(5) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to subscribers whose residence or other premises are located in the Atlantic provinces

(a) the programming services, to the extent that they are available, of two of each of the Corporation’s English-language and French-language network television stations that originate in the Atlantic provinces;
(b) the programming services, to the extent that they are available, of two television stations that originate in the Atlantic provinces, from each major ownership group; and
(c) the programming service, to the extent that it is available, of one independently-owned television station that originates in the Atlantic provinces.

(6) If two or more programming services from the Corporation or two or more programming services from the same ownership group are available to be distributed by a licensee in accordance with paragraph (5)(a) or (b), the licensee is required to distribute only one of those programming services from the Corporation or one of those programming services from the ownership group, as the case may be, if the operator of the programming undertaking that provides the programming services has not committed to providing local programming as part of its licence issuance or most recent licence renewal or amendment.

(7) Except as otherwise provided under a condition of its licence, a licensee shall distribute as part of its basic service to a subscriber whose residence or other premises are located in Yukon, the Northwest Territories or Nunavut

(a) the programming services of at least one of the Corporation’s Northern Television Services; and
(b) the programming services referred to in subsections (2) to (4) that are distributed in another province.

ACCESS FOR SPECIALTY, PAY TELEVISION AND DTH PAY-PER-VIEW SERVICES

47. (1) In this section, “general interest DTH pay-per-view service” means a DTH pay-per-view service whose programming is selected — unrestricted by any condition of licence — from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990.

(2) Except as otherwise provided under a condition of its licence, a licensee shall distribute

(a) each Category A service;
(b) at least one English-language general interest DTH pay-per-view service; and
(c) at least one French-language general interest DTH pay-per-view service.

(3) Except as otherwise provided under a condition of its licence, a licensee fulfils its obligations under subsection (2) by distributing either the standard definition service or high definition service of a programming service.

PROGRAMMING SERVICES THAT MAY BE DISTRIBUTED

48. (1) Except as otherwise provided in section 49 or under a condition of its licence, a licensee may distribute the following programming services:

(a) the programming service of any licensed programming undertaking, excluding a television pay-per-view service;
(b) any authorized non-Canadian programming service — including, subject to section 50, a 4 + 1 package of programming services;
(c) subject to section 29, the programming service of any exempt programming undertaking;
(d) any programming service that promotes a programming service distributed by the licensee and that meets the criteria set out in paragraph 27 of Broadcasting Public Notice CRTC 2007-74, dated July 5, 2007 and entitled Previews and promotional channels; and
(e) any programming service — including, subject to section 50, a further 4 +1 package of programming services — that is authorized under a condition of its licence.

(2) A licensee that distributes a programming service under subsection (1) may also distribute the high definition version of that programming service.

49. (1) Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall obtain the consent of the operator of a distant television station to distribute its signal before the licensee makes the signal available to its subscribers.

(2) The licensee is not obliged to obtain the consent of the operator of the distant television station if

(a) the signal must be distributed as part of the licensee’s basic service
1. (i) because the Commission has required it under paragraph 9(1)(h) of the Act, or
2. (ii) because it is required under section 46; or
(b) the signal originates in the Atlantic provinces and is distributed under section 46 by the licensee to a subscriber whose residence or other premises are located in the Atlantic provinces.

50. Except as otherwise provided in a condition of its licence, which condition takes effect on or after September 1, 2011, a licensee shall not distribute a 4 + 1 package of programming services that originate outside the time zone in which the subscriber’s residence or other premises are located unless the licensee also offers to the subscriber the programming services of at least one television station from each English major ownership group that originate in the same time zone.

SIMULTANEOUS PROGRAM SUBSTITUTION AND DELETION

51. (1) Except as otherwise provided under a condition of its licence, if a licensee receives, at least four days before the date on which the programming service is to be broadcast, a written request for substitution or deletion from the operator of a licensed Canadian television programming undertaking, the licensee shall

(a) delete a non-Canadian programming service and substitute it with the comparable and simultaneously broadcast programming service of the Canadian television programming undertaking whose signal is distributed by the licensee; and
(b) delete, in respect of subscribers located within the Grade B official contour or noise-limited bounding official contour of the Canadian television programming undertaking, a programming service that is comparable to that of the Canadian television programming undertaking and that would otherwise be received simultaneously by those subscribers.

(2) A licensee may delete and substitute a programming service under subsection (1) even if the licensee receives the request from the operator less than four days before the date on which the programming service is to be broadcast.

(3) A licensee shall not delete a programming service if the Commission notifies the licensee that the deletion is not in the public interest because the programming service to be deleted contains subsidiary signals that are designed to inform or entertain and the simultaneously broadcast programming service does not contain similar signals.

(4) A licensee may discontinue a deletion — and substitution, if any — if the programming services in question are not, or are no longer, comparable and broadcast simultaneously.

(5) For the purposes of this section, the programming service to be substituted shall be of the same format as, or a higher format than, the programming service to be deleted.

CONTRIBUTION TO CANADIAN PROGRAMMING

52. Except as otherwise provided under a condition of its licence, a licensee shall make, for each broadcast year, the following contributions to Canadian programming based on its gross revenues derived from broadcasting activities in that year:

(a) to the Canadian production fund, a contribution of 4% of gross revenues;
(b) to one or more independent production funds, a contribution of 1% of gross revenues, of which 0.4% of gross revenues shall be made to the Small Market Local Production Fund; and
(c) to the Local Programming Improvement Fund, a contribution of 1.5% of gross revenues.

53. (1) The licensee shall separately calculate the contributions required under section 52 on the basis of its gross revenues derived from broadcasting activities in the previous broadcast year.

(2) Each contribution shall be made separately by the licensee in 12 equal monthly instalments during the broadcast year, with an instalment being made on or before the last day of each month.

54. If, as a result of the calculations performed under subsection 53(1), a contribution made by a licensee for a broadcast year is greater than the amount required under section 52, the licensee may deduct the excess from the amount of that contribution that is required for the subsequent broadcast year; however, if it is less than the amount required, the licensee shall make the balance of the contribution by December 31 of the subsequent broadcast year.

9. Schedules 1 to 3 to the Regulations are replaced by the schedule set out in the schedule to these Regulations.

COMING INTO FORCE

10. These Regulations come into force on September 1, 2011.

SCHEDULE
(Section 9)

SCHEDULE
(Section 1)

MAJOR OWNERSHIP GROUPS

Column 1 Item	Column 2 Group
1.	Shaw Television G.P. Inc. (the general partner) and Shaw Media Global Inc. (the limited partner), carrying on business as Shaw Television Limited Partnership
2.	BCE Inc.
3.	Quebecor Media Inc.
4.	Remstar Broadcasting Inc.
5.	Rogers Communications Inc.

Footnote a
S.C. 1991, c. 11

Footnote b
S.C. 1991, c. 11

Footnote 1
SOR/97-555

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