Simultaneous Programming Service Deletion and Substitution Regulations

Contents

Whereas, pursuant to subsection 10(3) of the Broadcasting Act, a copy of the proposed Simultaneous Programming Service Deletion and Substitution Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on August 1, 2015, and a reasonable opportunity was given 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, makes the annexed Simultaneous Programming Service Deletion and Substitution Regulations.Gatineau, November 17, 2015

1Definitions#

(1)The following definitions apply in these Regulations.

Canadian television station means a television programming undertaking that is licensed as a television station or that provides its Canadian programming service by way of a transmitting antenna, and includes an educational authority responsible for an educational television programming service and the stations CTV Two Atlantic, and CTV Two Alberta. (station de télévision canadienne)

local television station, in relation to a licensed area of a distribution undertaking, means

(a)a licensed television station that

(i)has a Grade A official contour or digital urban official contour that includes any part of the licensed area, or

(ii)if there is no Grade A official contour or digital urban official contour, has a transmitting antenna that is located within 15 km of the licensed area;

(b)an educational authority responsible for an educational television programming service; or

(c)the station CTV Two Atlantic or CTV Two Alberta. (station de télévision locale)

(2)In these Regulations, the expressions Canadian programming service, comparable, customer, DTH distribution undertaking, educational authority, educational television programming service, format, licence, licensed, licensed area, licensee, non-Canadian television station, official contour, operator, programming service, regional television station, relay distribution undertaking, subscriber, subscription television system and terrestrial distribution undertaking have the same meanings as in section 1 of the Broadcasting Distribution Regulations.

2Application#

These Regulations apply to a person that is licensed to carry on a distribution undertaking, other than a person that is licensed to carry on

(a)a subscription television system;

(b)a relay distribution undertaking; or

(c)an undertaking that only rebroadcasts the radiocommunications of one or more other licensed undertakings.

3Terrestrial distribution undertaking#

(1)The operator of a Canadian television station may ask a licensee that carries on a terrestrial distribution undertaking to delete the programming service of another Canadian television station or a non-Canadian television station and substitute for it the programming service of a local television station or regional television station.

(2)The operator of a Canadian television station may ask a licensee that carries on a DTH distribution undertaking

(a)to delete the programming service of a non-Canadian television station and substitute for it the programming service of the Canadian television station; or

(b)in respect of subscribers located within the Grade B official contour or noise-limited bounding official contour of the Canadian television station, to delete the programming service of another Canadian television station and substitute for it the programming service of the Canadian television station.

4Obligation to carry out request#

(1)Except as otherwise provided under these Regulations or in a condition of its licence, a licensee that receives a request referred to in section 3 must carry out the requested deletion and substitution if the following conditions are met:

(a)the request is in writing and is received by the licensee at least four days before the day on which the programming service to be substituted is to be broadcast;

(b)the programming service to be deleted and the programming service to be substituted are comparable and are to be broadcast simultaneously;

(c)the programming service to be substituted has the same format as, or a higher format than, the programming service to be deleted; and

(d)if the licensee carries on a terrestrial distribution undertaking, the programming service to be substituted has a higher priority under section 17 of the Broadcasting Distribution Regulations than the programming service to be deleted.

(2)In the case of a request that is not received within the period referred to in paragraph (1)(a) but that meets the conditions set out in paragraphs (1)(b) to (d), the licensee may carry out the requested deletion and substitution, except as otherwise provided under these Regulations or in a condition of its licence.

(3)A licensee must not delete a programming service and substitute another programming service for it if the Commission decides under subsection 18(3) of the Broadcasting Act that the deletion and substitution are not in the public interest.

(4)The licensee and the operator of the local television station or the regional television station may agree to have the operator carry out the deletion and substitution.

(5)If a licensee that carries on a terrestrial distribution undertaking receives a request for deletion and substitution from more than one operator of a Canadian television station, it must give preference to the programming service of the television station that has the highest priority under section 17 of the Broadcasting Distribution Regulations.

(6)A licensee may discontinue a deletion and substitution if the deleted and substituted programming services are not, or are no longer, comparable and broadcast simultaneously.

5Minimal disruption#

(1)A licensee that deletes a programming service and substitutes another programming service for it must exercise due diligence to ensure that the deletion and substitution do not result in errors in the provision of the service and that they cause only minimal disruption of the service to its subscribers.

(2)A licensee must provide compensation to its customers if the Commission decides under subsection 18(3) of the Broadcasting Act that the licensee deleted and substituted a programming service in a manner that, through its own actions, resulted in recurring substantial errors and did not establish that it exercised due diligence to avoid those errors.

(3)For the purposes of this section, an error occurs if the deletion and substitution of the programming service are not carried out simultaneously or the video or audio components of the programming service are affected as a result of the deletion and substitution.