ARCHIVED - Broadcasting Public Notice CRTC 2003-42

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Broadcasting Public Notice CRTC 2003-42

  Ottawa, 29 July 2003
 

Distribution and linkage requirements for Class 1 and Class 2 licensees

  The Commission, by this notice, replaces the requirements set out in Distribution and linkage requirements for Class 1 and Class 2 licensees, Public Notice CRTC 2001-90, 3 August 2001. The revisions to the distribution and linkage requirements, as set out herein, are applicable only to Class 2 BDUs. In accordance with the Commission's determination in Exemption of cable broadcasting distribution undertakings that serve between 2,000 and 6,000 subscribers, Broadcasting Public Notice CRTC 2003-23, 30 April 2003, the revised distribution and linkage requirements that are now applicable to Class 2 licensees approximate those that apply to direct-to-home (DTH) BDUs.
 

General

1. The provisions set out in this public notice govern the distribution, by licensees of broadcasting distribution undertakings (BDUs) holding a Class 1 or a Class 2 licence, of the following programming services as part of the basic service, as part of an analog discretionary tier, or as part of a discretionary digital tier:
  a) any pay television service and any television pay-per-view service, the operator of which is authorized to provide the service to all or any part of the licensed area of the BDU;
  b) any specialty service, the operator of which is authorized to provide the service to all or any part of the licensed area of the BDU;
  c) any Category 1 or Category 2 service, the operator of which is authorized to provide the service to all or any part of the licensed area of the BDU;
  d) any satellite service contained in the list of Part 2 eligible satellite services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before 3 June 1993; any satellite service as set out in the new list of Part 2, Part 3 and DTH Eligible Satellite Services for digital distribution; as well as any non-Canadian religious satellite service; and
  e) any Canadian television service included on the list of Part 3 eligible satellite services.
2. The Commission has reorganized the distribution and linkage requirements, which are now presented in two parts, one dealing with the requirements applicable to Class 1 licensees, and the other dealing with the requirements applicable to Class 2 licensees. The provisions set out in this notice replace those contained in Distribution and linkage requirements for Class 1 and Class 2 licensees, Public Notice CRTC 2001-90,
3 August 2001.
3. In accordance with the Commission's determination announced in Exemption of cable broadcasting distribution undertakings that serve between 2,000 and 6,000 subscribers, Broadcasting Public Notice CRTC 2003-23, 30 April 2003, the revised distribution and linkage rules applicable to Class 2 licensees approximate those applicable to direct-to-home BDUs. In general, this means that Class 2 licensees no longer have requirements related to:
 
  • 1 dual status services;
 
  • 2 modified dual status services;
 
  • 3 carriage of certain services as discretionary services; and
 
  • 4 carriage of certain services as digital discretionary services.
4. The Commission has made no change to the distribution and linkage requirements that apply to Class 1 licensees.
 

PART I

 

Rules applicable to Class 1 licensees

 

Rules regarding the distribution of programming services on an analog basis

5. Where a Class 1 licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a dual status basis, that is, as part of the basic service, unless the operator of that service consents in writing to its distribution as a discretionary service:
 
  • 1 CBC Newsworld;
 
  • 2 Vision TV;
 
  • 3 YTV;
 
  • 4 MuchMusic;
 
  • 5 The Sports Network;
 
  • 6 Canal Famille;
 
  • MétéoMédia/The Weather Network;
 
  • MusiquePlus;
 
  • Réseau des Sports;
 
  • TV5;
 
  •  Le Réseau de l'information;
 
  • 12 Country Music Television; and,
 
  • any other specialty programming service that may be designated by the Commission for distribution on a dual status basis.
6. a) Where a Class 1 licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a modified dual status basis, that is, on a discretionary basis, unless the licensee and the programming service operator agree to its distribution as part of the basic service:
 
  • The Comedy Network;
 
  • History Television (History and Entertainment Network);
 
  • Teletoon;
 
  • CTV NewsNet (CTV News 1);
 
  • Canadian Learning Television;
 
  • CTV SportsNet (S3 CTV Regional Sports);
 
  • ROBTv (Report on Business Television);
 
  • TreeHouse TV;
 
  • Prime TV;
 
  • Space;
 
  • Outdoor Life;
 
  •  Home and Garden Television (HGTV);
 
  • Star TV (Star Entertainment);
 
  • Cable Pulse 24;
 
  • Headline Sports (Sportscope Plus);
 
  • MuchMoreMusic;
 
  • Talk TV;
 
  • Food Network Canada;
 
  • Canal Vie;
 
  • Canal Nouvelles;
 
  • Musimax;
 
  •  Canal Z, aux limites du savoir;
 
  • Séries+ (Canal Fiction);
 
  • Canal Évasion;
 
  • Historia (Canal Histoire);
 
  • arTV (La Télé des Arts);
 
  • Life Network;
 
  • Showcase;
 
  • Bravo!;
 
  • WTN;
 
  • Discovery Channel;
 
  • Canal D (Arts et Divertissement); and
 
  • any other specialty programming service that may be designated by the Commission for distribution by Class I licensees on a modified dual status basis.
  b) Notwithstanding paragraph 6a) and except as otherwise provided under a condition of its licence, where a Class 1 licensee that operates an undertaking in a French-language market distributes any of the following programming services, the licensee must distribute that service solely on a discretionary basis. All of the following services, depending on their availability, must be part of the same tier:
 
  • 47 Canal Z, aux limites du savoir;
 
  • 48 Séries+ (Canal Fiction);
 
  • 49 Canal Évasion; and,
 
  •  Historia (Canal Histoire).
  c) Notwithstanding paragraph 6a) and except as otherwise provided under a condition of its licence, where a Class 1 licensee that operates a cable distribution undertaking in a Francophone market distributes the service of arTV (La Télé des Arts), the licensee must distribute that service on the existing discretionary tier having the largest penetration, that is, the discretionary tier that is received by the highest number of subscribers. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.
  d) Notwithstanding paragraph 6a) and except as otherwise provided under a condition of its licence, where a Class 1 licensee operates an MDS distribution undertaking in a Francophone market, the licensee must provide the service of arTV (La Télé des Arts) to any subscriber that receives, on a discretionary basis, three or more French-language specialty services. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.
  e) Except as otherwise provided under a condition of its licence, where a Class 1 licensee was already distributing the U.S. specialty service, TV Food Network, on an analog basis on 4 July 2000, the licensee is required to distribute the service of Food Network Canada on a modified dual status basis, that is, on a discretionary basis, unless the licensee and the programming service operator agree to its distribution as part of the basic service.
7. Except as otherwise provided under a condition of its licence, where a Class 1 licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service:
 
  •  Fairchild Television;
 
  • Talentvision;
 
  • Telelatino;
 
  • Odyssey;
 
  • South Asian Television;
 
  • any single or limited point-of-view religious specialty service;
 
  • any other specialty programming service that is designated by the Commission for carriage on a discretionary only basis;
 
  • any pay television service or any television pay-per-view service offered by a pay television undertaking; and
 
  • any satellite service as set out in the list of Part 2 eligible satellite services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before 3 June 1993; or any non-Canadian religious satellite service.
8. Where a Class 1 licensee is authorized under the Broadcasting Distribution Regulations or a condition of its licence to distribute, on a discretionary basis, U.S. independent or duplicate network stations, each such service must be distributed on a separate channel.
 

Linkage requirements with respect to programming services, other than single or limited point of view religious services, distributed as discretionary services

9. The non-Canadian satellite services specified in the list of Part 2 eligible satellite services may only be offered by Class 1 licensees in a package with Canadian pay television and/or Canadian specialty services, and such a package must be distributed on a discretionary basis, subject to the following linkage requirements:
  a) a Canadian pay television service may be linked in a given discretionary tier with no more than five channels containing any of the non-Canadian-originated services specified in either Section A or Section B of the list of Part 2 eligible satellite services, but in no case can a licensee distribute more than five channels of non-Canadian-originated services linked with Canadian pay television services, regardless of the number of Canadian pay television services distributed by the licensee;
  b) (i) each Canadian specialty service may be linked, when distributed on a discretionary basis within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, with no more than one channel containing any of the non-Canadian-originated services specified in Section A of the list of Part 2 eligible satellite services or the non-Canadian-originated services referred to in paragraph 10 of this notice;
  (ii) a Class 1 licensee may designate one of the U.S. superstations specified in Section B of the list of Part 2 eligible satellite services, and distribute the signal of that superstation within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, provided that the superstation is included in a tier that is distributed on a digital basis only;
  (iii) a Class 1 licensee is not permitted to link services on the list of Part 2 eligible satellite services with a Canadian specialty service distributed on the basic service; and
  c) a Class 1 licensee is not permitted to offer a tier containing only non-Canadian services.
 

Linkage requirements with respect to single or limited point of view religious services distributed as discretionary services

10. Each Canadian single or limited point of view religious pay or specialty service may be offered by Class 1 licensees in a package only with other Canadian single or limited point of view religious pay or specialty services, and with any non-Canadian religious satellite services, and all such services must be distributed as discretionary services, subject to the following linkage requirements:
  a) each Canadian single or limited point of view religious pay service may be linked in a single discretionary tier with no more than five channels containing eligible non-Canadian religious satellite services, but in no case can a single discretionary tier, whose Canadian component consists only of single or limited point of view religious pay services, contain more than five channels containing eligible non-Canadian religious satellite services, regardless of the number of Canadian single or limited point of view religious pay services included in that tier;
  b) each Canadian single or limited point of view religious specialty service may be linked, within a discretionary tier that may include one or more Canadian single or limited point of view religious services, with no more than one channel containing any of the eligible non-Canadian religious satellite services; and
  c) a Class 1 licensee is not permitted to offer a tier containing only non-Canadian religious satellite services.
 

Rules regarding the distribution of programming services on a digital basis

11. Except as otherwise provided under a condition of its licence, where a Class 1 licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service on a digital basis:
 
  • Sport/Specials Pay-Per-View; and,
 
  • any other pay television, pay-per-view or specialty programming service that may be designated by the Commission for carriage exclusively as a discretionary service on a digital basis.
12. A Class 1 licensee is not permitted to distribute a Category 1 specialty programming service on a stand-alone basis unless the Category 1 service is also distributed as part of a package.
13. A Class 1 licensee is not permitted to package an Adult Category 2 programming service in such a way that subscribers are obligated to purchase the service in order to purchase any other programming service. Licensees are required to take measures to fully block the reception of both the audio and video portions of any Adult Category 2 programming service to subscribers who request that it not be receivable in their home (in either unscrambled or scrambled mode).
14. Except as otherwise provided under a condition of its licence, where a Class 1 licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service:
  a) any pay television service or any television pay-per-view service offered by a pay television undertaking;
  b) any satellite service as set out in the list of Part 2, Part 3 and DTH Eligible Satellite Services for digital distribution as well as any non-Canadian religious satellite services.
 

Linkage requirements with respect to programming services, other than single or limited point of view religious services, distributed as digital discretionary services

15. Any Canadian television service that is included on the list of Part 3 eligible satellite services and that a Class 1 licensee is authorized to distribute may be linked with a second set of 4+1 U.S. network signals that the licensee is authorized to distribute provided that these signals are offered on a discretionary digital basis only.
 

Linkage requirements with respect to single or limited point of view religious services distributed as digital discretionary services

16. Any Canadian single or limited point of view religious programming service, and any non-Canadian religious satellite service set out in the List of Part 2, Part 3 and DTH eligible satellite services for digital distribution, may be offered on a "stand-alone" digital discretionary basis. Such services may also be offered in a package with other Canadian single or limited point of view religious services or with non-Canadian religious satellite services. Class 1 licensees are not permitted to offer such services in packages with any other type of Canadian or non-Canadian programming service.
 

PART II

 

Rules applicable to Class 2 licensees

 

Rules regarding the distribution of programming services on an analog basis

17. a) Except as otherwise provided under a condition of its licence, where a Class 2 licensee that operates a cable distribution undertaking in a Francophone market distributes the service of arTV (La Télé des Arts), the licensee must distribute that service on the existing discretionary tier having the largest penetration, that is, the discretionary tier that is received by the highest number of subscribers. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.
  b) Except as otherwise provided under a condition of its licence, where a Class 2 licensee operates a multipoint distribution system (MDS) undertaking in a Francophone market, the licensee must provide the service of arTV (La Télé des Arts) to any subscriber that receives, on a discretionary basis, three or more French-language specialty services. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.
 

Linkage requirements with respect to programming services, other than single or limited point of view religious services, distributed as discretionary services

18. The non-Canadian satellite services specified in the list of Part 2 eligible satellite services may only be offered by a Class 2 licensee in a package with Canadian pay television and/or Canadian specialty services, and such a package must be distributed on a discretionary basis, subject to the following linkage requirements:
  a) a Canadian pay television service may be linked in a given discretionary tier with no more than five channels containing any of the non-Canadian-originated services specified in either Section A or Section B of the list of Part 2 eligible satellite services, but in no case can a licensee distribute more than five channels of non-Canadian-originated services linked with Canadian pay television services, regardless of the number of Canadian pay television services distributed by the licensee;
  b) (i) each Canadian specialty service may be linked, when distributed on a discretionary basis within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, with no more than one channel containing any of the non-Canadian-originated services specified in Section A of the list of Part 2 eligible satellite services or the non-Canadian-originated services referred to in paragraph 22 of this notice;
  (ii) a Class 2 licensee may designate one of the U.S. superstations specified in Section B of the list of Part 2 eligible satellite services, and distribute the signal of that superstation within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, provided that the superstation is included in a tier that is distributed on a digital basis only;
  (iii) a Class 2 licensee is not permitted to link services on the list of Part 2 eligible satellite services with a Canadian specialty service distributed on the basic service; and
  c) a Class 2 licensee is not permitted to offer a tier containing only non-Canadian services.
 

Linkage requirements with respect to single or limited point of view religious services distributed as discretionary services

19. Each Canadian single or limited point of view religious pay or specialty service may be offered by a Class 2 licensee in a package only with other Canadian single or limited point of view religious pay or specialty services, and with any non-Canadian religious satellite services, and all such services must be distributed as discretionary services, subject to the following linkage requirements:
  a) each Canadian single or limited point of view religious pay service may be linked in a single discretionary tier with no more than five channels containing eligible non-Canadian religious satellite services, but in no case can a single discretionary tier, whose Canadian component consists only of single or limited point of view religious pay services, contain more than five channels containing eligible non-Canadian religious satellite services, regardless of the number of Canadian single or limited point of view religious pay services included in that tier;
  b) each Canadian single or limited point of view religious specialty service may be linked, within a discretionary tier that may include one or more Canadian single or limited point of view religious services, with no more than one channel containing any of the eligible non-Canadian religious satellite services; and
  c) a Class 2 licensee is not permitted to offer a tier containing only non-Canadian religious satellite services.
 

Rules regarding the distribution of programming services on a digital basis

20. Where a Class 2 licensee distributes any of the Category 1 specialty programming services, the licensee will not be permitted to distribute any of these services on a stand-alone basis unless the Category 1 service is also distributed as part of a package.
21. A Class 2 licensee is not permitted to package an Adult Category 2 programming service in such a way that subscribers are obligated to purchase the service in order to purchase any other programming service. Licensees are required to take measures to fully block the reception of both the audio and video portions of any Adult Category 2 programming service to subscribers who request that it not be receivable in their home (in either unscrambled or scrambled mode).
 

Linkage requirements with respect to single or limited point of view religious services distributed as digital discretionary services

22. Any Canadian single or limited point of view religious programming service, and any non-Canadian religious satellite service set out in the List of Part 2, Part 3 and DTH eligible satellite services for digital distribution, may be offered on a "stand-alone" digital discretionary basis. Such services may also be offered in a package with other Canadian single or limited point of view religious services or with non-Canadian religious satellite services. Class 2 licensees are not permitted to offer such services in packages with any other type of Canadian or non-Canadian programming service.
  Secretary General
  This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca

Date Modified: 2003-07-29

Date modified: