Definition of “Small Retransmission Systems” Regulations (SOR/89-255)

Regulations are current to 2018-07-05

Definition of “Small Retransmission Systems” Regulations

SOR/89-255

COPYRIGHT ACT

Registration 1989-05-09

Definition of “Small Retransmission Systems” Regulations

P.C. 1989-826 1989-05-09

Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs and the Minister of Communications, pursuant to subsection 70.64(2)Footnote * of the Copyright Act, is pleased hereby to make the annexed Regulations defining small retransmission systems for the purpose of subsection 70.64(1) of the Copyright Act.

 [Repealed, SOR/2005-147, s. 2]

Definitions

 In these Regulations,

licence

licence[Repealed, SOR/2005-147, s. 3]

licensed area

licensed area[Repealed, SOR/2005-147, s. 3]

premises

premises means

  • (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence, or

  • (b) a room in a commercial or institutional building. (local)

service area

service area means an area in which premises served in accordance with the laws and regulations of Canada by a retransmission system are located. (zone de service)

  • SOR/94-754, s. 1;
  • SOR/2005-147, s. 3.

Small Retransmission System

  •  (1) Subject to subsections (2) to (4) and section 4, small retransmission system means a cable retransmission system, or a terrestrial retransmission system utilizing Hertzian waves, that retransmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

  • (2) For the purpose of subsection (1), where a cable retransmission system is included in the same unit as one or more other cable retransmission systems, the number of premises to which the cable retransmission system retransmits a signal is deemed to be equal to the total number of premises to which all cable retransmission systems included in that unit retransmit a signal.

  • (3) For the purpose of subsection (2), a cable retransmission system is included in the same unit as one or more other cable retransmission systems where

    • (a) they are owned or directly or indirectly controlled by the same person or group of persons; and

    • (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 (2) does not apply to a cable retransmission system that was included in a unit on December 31, 1993.

  • SOR/94-754, s. 1;
  • SOR/2005-147, s. 4.

 The definition set out in subsection 3(1) does not include a cable retransmission system that is a master antenna system if it is located within the service area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that service area.

  • SOR/94-754, s. 1;
  • SOR/2005-147, s. 5.
 
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