Conversion from Analog to Digital Television Regulations

Contents

Whereas, pursuant to subsection 10(3) of the Broadcasting Act, a copy of the proposed Conversion from Analog to Digital Television Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on December 18, 2010 and a reasonable opportunity was afforded to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;^noteTherefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act, hereby makes the annexed Conversion from Analog to Digital Television Regulations.Gatineau, Quebec, March 4, 2011

Interpretation

1 #

The following definitions apply in these Regulations.

broadcast day, in respect of a licensee, means the period of up to 18 consecutive hours, beginning each day not earlier than six o’clock in the morning and ending not later than one o’clock in the morning of the following day, as selected by the licensee. (journée de radiodiffusion)

licensed means licensed by the Commission under paragraph 9(1)(b) of the Broadcasting Act. (autorisé)

licensee means a station operator or network operator who is authorized to operate an analog transmitter with a power greater than 50 watts on the VHF band or greater than 500 watts on the UHF band. (titulaire)

network operator means a person who is licensed to operate a television network. (exploitant de réseau)

programming means anything that is broadcast but does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text. (programmation)

station means a television programming undertaking that transmits sounds and images or a broadcasting transmitting undertaking that transmits sounds and images but does not include a broadcasting undertaking that only rebroadcasts the radiocommunications of another licensed broadcasting undertaking. (station)

station operator means a person who is licensed to operate a station. (exploitant de station)

Application

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These Regulations apply to every licensee

(a)that operates in markets that have populations of 300,000 persons or more;

(a.1)that operates in markets that include the national capital or a provincial capital;

(b)that operates in markets that are served by more than one television station; or

(c)whose programming is broadcast on channels 52 to 69 in any market.

^note

Public Service Announcements

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(1)Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, broadcast a public service announcement at least six times per broadcast day, increasing to eight times per broadcast day beginning on August 1, 2011 or one month before the licensee ceases to broadcast in analog or changes channel, whichever is sooner.

(2)At least 25% of the required announcements per broadcast day must be broadcast between 7:00 p.m. and 11:00 p.m.

(3)The broadcast announcements must

(a)have a duration of at least 30 consecutive seconds;

(b)contain the information set out in the schedule; and

(c)be closed captioned and contain audio description of on-screen information.

(4)A licensee may use a crawl to fulfil up to 25% of their obligations under this section.

(5)A crawl must not be used during the broadcast of programming that contains audio description of on-screen information or described video.

Other Means of Information

4 #

Except as otherwise provided under a licensee’s condition of licence, every licensee must, beginning no later than May 1, 2011, post and keep posted on their website

(a)the information regarding the conversion that is set out in the schedule;

(b)a description of the steps that an over-the-air viewer may need to take to continue receiving and viewing the station’s over-the-air programming after the conversion;

(c)the channel on which the station will broadcast after the conversion;

(d)as soon as they are known, the date and time that the station will cease broadcasting in analog;

(e)as soon as they are known, the date and time that the station will begin or began broadcasting on the post-conversion channel referred to in paragraph (c); and

(f)if applicable, a description of the discrete geographic areas where a loss of service is likely to occur.

^note

Cessation of Obligation

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A licensee’s obligation to broadcast and post public service announcements ceases when the licensee completes their conversion and shuts off their analog transmitter.

Coming into Force

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These Regulations come into force on April 1, 2011.

Public Service Announcements (Paragraphs 3(3)(b) and 4(a))

A public service announcement must contain the following information:(a) a statement to the effect that the Canadian television system is in the process of converting its over-the-air transmitters from analog to digital;(b) if applicable, a statement to the effect that some viewers may experience a loss of service following the conversion;(c) a statement to the effect that only those viewers who receive the signal directly over the air may be impacted by the conversion;(d) a statement to the effect that an over-the-air viewer may need to take steps to continue receiving and viewing the station’s over-the-air programming after the conversion and an indication of where further information on those steps can be found; and(e) the licensee’s contact information and website address.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.