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Broadcasting Distribution Regulations

Version of section 41 from 2011-09-01 to 2016-02-29:

  •  (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.

  • SOR/2011-148, s. 8
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