Broadcasting Distribution Regulations

30 (1) The definitions in this subsection apply in this section.

broadcaster

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

local television station

local television station, in addition to the meaning set out in section 1, includes the Atlantic Satellite Network and an educational authority responsible for an educational television programming service. (station de télévision locale)

privately owned local television station

privately owned local television station means a local television station that is not owned by the Corporation. (station de télévision locale privée)

(2) Except as otherwise provided under a condition of its licence, and subject to subsection (5), a Class 1 licensee

• (a) shall, in a licensed area, delete the programming service of a television station and substitute 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

  • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,

  • (ii) the local television station or regional television station has a higher priority under section 17, and

  • (iii) in a case when the broadcaster operating the local television station or regional television station is not 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 broadcast, received from the broadcaster operating the local television station or regional television station a written request for the deletion and substitution;

• (b) may delete and substitute in accordance with paragraph (a) notwithstanding that 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 broadcast; and

• (c) may, in a licensed area, delete the programming service of a television station and substitute the programming service of a specialty service if

  • (i) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast, and

  • (ii) the operator of the specialty service has delivered to the licensee a written request for the deletion and substitution.

(3) Except as otherwise provided under a condition of its licence, and subject to subsection (5), a Class 2 licensee

• (a) shall, in a licensed area, delete the programming service of a television station and substitute the programming service of a privately owned local television station or, with the agreement of the broadcaster operating the privately owned local television station, have that broadcaster carry out the deletion and substitution, if

  • (i) the main studio of the privately owned local television station

    • (A) is located within the licensed area of the licensee, and

    • (B) is used to produce locally originated programming,

  • (ii) the programming service to be deleted and the programming service to be substituted are comparable and simultaneously broadcast,

  • (iii) the privately owned local television station has a higher priority under section 17, and

  • (iv) in a case when the broadcaster operating the privately owned local television station is not 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 broadcast, received from the broadcaster operating the privately owned local television station a written request for the deletion and substitution; and

• (b) may delete the programming service of a television station and substitute that of a local television station, regional television station or specialty service in the circumstances in which a Class 1 licensee is required or authorized by subsection (2) to make the deletion and substitution.

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

(5) A licensee shall not delete the programming service of a television station under subsection (2) or (3) 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 does not contain similar signals.

(6) A licensee may discontinue a deletion and substitution made under subsection (2) or (3) if the programming services in respect of which the deletion and substitution are made are not, or are no longer, comparable and broadcast simultaneously.