Broadcasting Distribution Regulations

18 (1) Except as otherwise provided under a licensee’s condition of licence, this section applies to Class 1 licensees.

(1.1) Except as otherwise provided under a licensee’s condition of licence, subsections (4), (4.1) and (11) to (14) apply also to Class 2 licensees.

(2) In this section, general interest television pay-per-view service means a television pay-per-view service the programming of which may be selected from any of the categories listed in column I of item 6 of Schedule I to the Pay Television Regulations, 1990, that selection not being restricted by a condition relating to the service.

(3) For the purposes of this section, other than subsections (11) to (11.5), a licensee makes use of digital technology for the delivery of programming to subscribers in a licensed area when at least 15% of its subscribers in the licensed area receive one or more programming services on a digital basis.

(4) For the purpose of this section, in a licensed area

• (a) a licensee is considered to be operating in a francophone market if more than 50% of the total population of all cities, towns and municipalities encompassed in whole or in part within the licensed area has French as its mother tongue, according to the most recent population figures published by Statistics Canada; and

• (b) a licensee that is not operating in a francophone market is considered to be operating in an anglophone market.

(4.1) For the purposes of subsection (5)

• (a) a specialty service does not include a Category 1 or Category 2 service; and

• (b) a pay television service does not include a Category 2 service.

(5) Except as otherwise provided under a condition of its licence or in this section, and subject to section 20, a licensee shall distribute, to the extent of available channels,

• (a) if the licensee is operating in an anglophone market,

  • (i) each English-language specialty service, the operator of which is authorized to provide the service to all or part of the licensed area of the undertaking, other than a single or limited point-of-view religious specialty service,

  • (ii) each English-language pay television service, the operator of which is authorized to provide the service to all or part of the licensed area of the undertaking, other than a single or limited point-of-view religious pay television service, and

  • (iii) at least one English-language general interest television pay-per-view service;

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

  • (i) each French-language specialty service, the operator of which is authorized to provide the service to all or a part of the licensed area of the undertaking, other than a single or limited point-of-view religious specialty service,

  • (ii) each French-language pay television service, the operator of which is authorized to provide the service to all or a part of the licensed area of the undertaking, other than a single or limited point-of-view religious pay television service, and

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

• (c) the ethnic programming service of a programming undertaking authorized to provide the service to all or any part of the licensed area of the undertaking if

  • (i) the licensee was distributing the service on December 16, 2004, or

  • (ii) 10% or more of the total population of all cities, towns and municipalities encompassed in whole or in part within the licensed area of the licensee is of one or a combination of the ethnic origins to which the service is intended to appeal, according to the most recent population figures published by Statistics Canada.

(6) If a licensee is distributing a pay-per-view service in a licensed area on more than 10 analog channels, the Commission may declare one or more channels in the licensed area to be available channels for the purposes of subsection (5).

(7) A licensee is not required to distribute in a licensed area, under subsection (5), the service of a programming undertaking that was licensed after May 6, 1996 if the only available channel in the licensed area is one on which the licensee is distributing a non-Canadian programming service that was distributed by the licensee in the licensed area before May 6, 1996.

(8) If, at the time the Commission licensed a programming undertaking, the Commission included a condition authorizing the programming undertaking to require the licensee to commence distribution of its programming service on the earlier of the date on which the licensee makes use of digital technology for the delivery of programming to subscribers and September 1, 1999, the licensee is not required to distribute the service under subsection (5) until the earlier of the two dates.

(9) Subject to subsection (10), if a licensee has not made use of digital technology for the delivery of programming to subscribers in a licensed area by September 1, 1999, the licensee shall distribute in the licensed area the programming service referred to in subsection (8) on an analog channel, unless the operator of the programming service agrees in writing to the distribution of its service on a digital basis.

(10) When a licensee makes use of digital technology for the delivery of programming to subscribers in a licensed area, the licensee may distribute in the licensed area the programming service referred to in subsection (8) on an analog channel or on a digital basis, or both.

(11) Except as otherwise provided under a condition of its licence, a licensee that delivers any programming service to any subscriber on a digital basis in a licensed area shall distribute in the licensed area, on a digital basis,

• (a) if the licensee is operating in an anglophone market, each English-language Category 1 service that the operator of which is authorized to provide to all or part of the licensed area; and

• (b) if the licensee is operating in a francophone market, each French-language Category 1 service that the operator of which is authorized to provide to all or part of the licensed area.

(11.01) Except as otherwise provided under a condition of its licence, a licensee that delivers any programming service to any subscriber on a digital basis shall distribute, on a digital basis,

• (a) the programming service of a community-based low-power television station to the subscribers of the distribution undertaking who reside within the service area of the community-based low-power television station; and

• (b) the programming service of a community-based digital undertaking to the subscribers of the distribution undertaking who reside within the service area of the community-based digital undertaking.

(11.1) Except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity of at least 750 MHz in a licensed area and that makes use of digital technology for the delivery of any programming service in the licensed area shall distribute in the licensed area

• (a) at least one pay television service in each official language;

• (b) all French-language and English-language Canadian specialty services, other than Category 2 services distributed on a digital basis;

• (c) the House of Commons programming service, including the main audio channel of that service in the English language if the licensee is operating in a francophone market within the meaning of paragraph 18(4)(a); and

• (d) the House of Commons programming service, including the main audio channel of that service in the French language if the licensee is operating in an anglophone market within the meaning of paragraph 18(4)(b).

(11.2) Subject to subsection (11.3) and except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity in a licensed area that is less than that referred to in subsection (11.1) and that makes use of digital technology for the delivery of any programming service in the licensed area shall distribute in the licensed area

• (a) at least one French-language Canadian specialty service for every 10 English-language programming services that it distributes, if the licensee is operating in an anglophone market; and

• (b) at least one English-language Canadian specialty service for every 10 French-language programming services that it distributes, if the licensee is operating in a francophone market.

(11.3) The requirements of subsection (11.2) do not apply to multipoint distribution system distribution undertakings.

(11.4) For the purposes of paragraph (11.2)(a), any French-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes a French-language Canadian specialty service.

(11.5) For the purposes of paragraph (11.2)(b), any English-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes an English-language Canadian specialty service.

(12) The definitions in this subsection apply in this subsection, subsection (14) and section 27.

affiliate

affiliate has the same meaning as in subsection 21(2). (affiliée)

control

control has the same meaning as in subsection 21(2). (contrôle)

related programming undertaking

related programming undertaking means a programming undertaking of which the licensee or an affiliate, or both, controls more than 10% of the total shares issued and outstanding. (entreprise de programmation liée)

share

share has the same meaning as in subsection 21(2). (action)

(13) For the purpose of subsection (14), Category 2 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.

(13.1) For the purpose of subsection (14), exempt third-language service means a programming service offered by a programming undertaking that is an exempt programming undertaking as a result of the Commission’s order entitled Exemption order respecting third-language television programming undertakings, as set out in the Appendix to Broadcasting Public Notice CRTC 2007-33.

(14) Except as otherwise provided under a condition of its licence, a licensee shall — for each Category 2 service and each exempt third-language service of a related programming undertaking that it distributes in a licensed area — distribute at least five Category 2 services or exempt third-language services, or a combination of at least five of those services, of any unrelated programming undertakings in the licensed area.