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Broadcasting Distribution Regulations

Version of section 18 from 2016-03-01 to 2024-05-01:

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

    ethnic Category A service

    ethnic Category A service means, in respect of a licence that was issued before March 12, 2015, a programming service that is designated as an ethnic Category A service by the Commission or named in paragraph 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)

    general interest television pay-per-view service

    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 set out in item 6, column I, of Schedule I to the Pay Television Regulations, 1990 (service de télévision à la carte d’intérêt général)

  • (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,

      • (i) each English-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

      • (ii) at least one English-language general interest television pay-per-view service, and

      • (iii) to the extent that such a programming service is available, at least one French-language discretionary service for every 10 English-language programming services that it distributes;

    • (b) if the licensee is operating in a francophone market,

      • (i) each French-language Category A service whose operator is authorized to provide the service to all or part of the licensed area,

      • (ii) at least one French-language general interest television pay-per-view service, and

      • (iii) to the extent that such a programming service is available, at least one English-language discretionary 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

      • (i) the licensee was distributing the service in the licensed area on October 30, 2008, or

      • (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) the definition discretionary service in section 1 does not include a programming service that the licensee is required to distribute under paragraph 9(1)(h) of the Act; 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.

  • SOR/2001-75, s. 5
  • SOR/2001-334, s. 3
  • SOR/2002-322, s. 4
  • SOR/2003-217, s. 6
  • SOR/2003-458, s. 2
  • SOR/2006-11, s. 1
  • SOR/2007-222, s. 1
  • SOR/2011-148, s. 8
  • SOR/2015-239, s. 10

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