ARCHIVED - Broadcasting Decision CRTC 2009-427
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Route reference: 2009-299
Ottawa, 20 July 2009
Westman Media Cooperative Ltd.
Application 2009-0644-8, received 22 April 2009
Distribution of satellite subscription radio services
1. The Commission approves, subject to certain provisions, an application by Westman Media Cooperative Ltd. to amend the broadcasting licence for its cable broadcasting distribution undertaking serving Brandon, Manitoba, by adding a condition of licence authorizing the licensee to distribute, at its option, the audio programming service of any licensed satellite subscription radio undertaking on a digital basis. The Commission did not receive any interventions in connection with this application.
2. The condition of licence shall read as follows:
The licensee is authorized to distribute, at its option, the audio programming service of any licensed satellite subscription radio (SSR) undertaking on a digital basis. The distribution of SSR signals is subject to the following provisions:
(i) Subject to the exception outlined in (ii), the licensee may not count the signals of conventional radio programming undertakings for the purpose of fulfilling the preponderance requirement set out in section 6(2) of the Broadcasting Distribution Regulations (the Regulations) unless a subscriber is already receiving at least 40 channels of one or more licensed pay audio programming undertakings.
(ii) A licensee is entitled to count the signals of conventional radio programming undertakings that a licensee is required to distribute under section 22 of the Regulations for the purpose of fulfilling the preponderance requirement set out in section 6(2) of the Regulations.
(iii) The Canadian-produced channels offered by the SSR undertaking are deemed to be "Canadian programming services" for the purposes of section 6(2) of the Regulations.
This decision is to be appended to the licence. It is available in alternative format upon request and may also be examined in PDF format or in HTML at the following Internet site: http://www.crtc.gc.ca.
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