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Public Notice
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Ottawa, 19 June 1991
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Public Notice CRTC 1991-63
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New Broadcasting Act - Amendments to Classes of Licence
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The Commission is currently reviewing all of its procedures, regulations and policies to ensure that they correspond to the environment created by the new Broadcasting Act (the Act), assented to on 1 February 1991, and proclaimed on 4 June 1991. The Commission will announce its findings immediately following completion of its review of each of these affected sectors.
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Regularly, the Commission issues, renews or amends broadcasting licences and forwards the appropriate documents to licensees. In order to ensure that this process continues uninterrupted, the Commission, as its first priority, has focused on the new definitions in the Act relating to broadcasting undertakings and on the amendments that will be required with respect to the different classes of licence it issues.
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The Act defines three major types of broadcasting undertakings. Generally, what were previously termed "broadcasting transmitting undertakings", "broadcasting receiving undertakings" and "networks" are now defined in section 2 of the Act as "programming undertakings", "distribution undertakings" and "networks", respectively. The new definitions read as follows:
"programming undertaking" means an undertaking for the transmission of programs, either directly by radio waves or other means of telecommunication or indirectly through a distribution undertaking, for reception by the public by means of broadcasting receiving apparatus.
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"distribution undertaking" means
an undertaking for the reception of broadcasting and the retransmission thereof by radio waves or other means of telecommunication to more than one permanent or temporary residence or dwelling unit or to another such undertaking.
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"network" includes any operation where control over all or any part of the programs or program schedules of one or more broadcasting undertakings is delegated to another undertaking or person.
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The Commission has considered the application of these definitions to the various classes of licence it has issued in the past. The appendix to this Public Notice illustrates the correlation between the former licence classes and the new classes the Commission has adopted and will use in the future. With regard to existing licences, the Commission will inform all licensees in writing of any changes to their licence class. Where the class of existing licences must be amended as a result of the changes mentioned above, the actual changes will be done at licence renewal time. However, for the purpose of ongoing licensing operations, current licences will be treated as per the schedule attached.
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The new licence classes reflect the primary function of the undertaking to be licensed, be it for program origination, program distribution or as a network operation. As indicated in Part A (1 and 3) of the appendix, the Commission will issue a single programming undertaking licence for a radio or television station and its rebroadcasters where the station and the rebroadcasters belong to the same licensee. For each rebroadcaster whose ownership is not the same as the originating station, a distribution undertaking licence will be issued but, where a number of the rebroadcasters are owned by the same person, a single distribution licence will be issued for the rebroadcasters owned by that person.
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The Commission also notes that undertakings licensed as broadcasting receiving undertakings will be issued a distribution undertaking licence, as indicated in Part B of the appendix. As further indicated in Part C, undertakings licensed as network operations, but which in reality act more like program originators, will be issued programming undertaking licences. Other undertakings now licensed as network operations will be licensed as set out in Part C.
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Further, in accordance with paragraphs 9(1)(b) and (d) of the Act, the Commission may now grant terms for new licences and licence renewals of up to seven (7) years rather than five (5).
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In addition, the Commission notes that subsection 9(4) of the Act reads as follows:
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The Commission shall, by order, on such terms and conditions as it deems appropriate, exempt persons who carry on broadcasting undertakings of any class specified in the order from any or all of the requirements of this Part or of a regulation made under this Part where the Commission is satisfied that compliance with those requirements will not contribute in a material manner to the implementation of the broadcasting policy set out in subsection 3(1).
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Under subsection 9(4), the Commission may now make orders exempting the operators of any class of broadcasting undertakings from certain requirements. At present, the Commission grants exemptions from holding a broadcasting licence to persons operating Master Antenna Television Systems (MATV) and Resource Development Installations, provided they meet the criteria set out in Public Notices CRTC 1989-47 and CRTC 1981-79 dated 18 May 1989 and 19 October 1981, respectively. For the time being, the Commission intends to maintain these exemptions. It is, however, examining the possibility of granting similar exemptions to the operators of other classes of broadcasting undertakings such as low-power real estate or tourist information radio operations, and it will call for public comment on its proposals in this regard in a notice to be issued in the near future.
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Allan J. Darling
Secretary General
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APPENDIX/ANNEXE
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Current licences/Licences actuelles New Licences/Nouvelles licences
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Part/partie A: Broadcasting
Transmitting Undertakings/Entreprises
d'émission de radiodiffusion
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1- Radio (AM&FM) - originating programs (Radio) Programming Undertaking/
(includes mother stations and their Entreprise de programmation (radio)
rebroadcasting undertakings when owned
by a single licensee, as well as Carrier
Current station)/ - diffusion d'émissions
(y compris les stations sources et leurs
réémetteurs appartenant à une même
titulaire, ainsi que les stations à
courant porteur)
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2- Radio (AM & FM) - rebroadcasting only/ (Radiocommunication) Distribution
retransmission seulement Undertaking/Entreprise de distribution
(radiocommunication)
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3- Television - originating programs (Television) Programming Undertaking
(includes mother stations and their /Entreprise de programmation
rebroadcasting undertakings when owned by (télévision)
a single licensee)/Télévision - diffusion
d'émissions (y compris les stations
sources et leurs réémetteurs appartenant
à une même titulaire)
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4- Television - rebroadcasting only/ (Radiocommunication) Distribution
Télévision - retransmission seulement Undertaking/Entreprise de distribution
(radiocommunication)
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5- Multi-channel - rebroadcasting only a (Radiocommunication) Distribution
number of TV and/or radio signals/Canaux Undertaking/Entreprise de distribution
multiples - retransmet seulement un (radiocommunication)
certain nombre de signaux de télévision
ou de radio, ou les deux
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6- Subscription Television (STV) where (Radiocommunication) Distribution
acting as a rebroadcaster/Télévision par Undertaking/Entreprise de distribution
abonnement (TPA) jouant le rôle de (radiocommunication)
réémetteur
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7- Distribution (BDU) - includes Multipoint (Radiocommunication) Distribution
Distribution Systems (MDS)/Distribution - Undertaking/Entreprise de distribution
comprend les Systèmes de distribution (radiocommunication)
multipoint (SDM)
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Cable/Câble (Cable) Distribution Undertaking/
Entreprise de distribution (câble)
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Part/partie C: Network Operations/Réseaux
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1- AM & FM Radio Programs/Émissions (Radio) Network/Réseau (radio)
radiophoniques AM & FM
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2- Television Programs/Émissions de (Television) Network/Réseau
télévision (télévision)
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3- Cable Community Programs/ (Community Programs) Network/
Programmation communautaire par câble Réseau (programmation communautaire)
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4- Cable Microwave - retransmitting/Câble (Relay) Distribution Undertaking/
par micro-ondes - retransmission Entreprise de distribution (relais)
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5- Satellite - retransmitting/ (Relay) Distribution Undertaking/
retransmission Entreprise de distribution (relais)
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6- Satellite Programs/Émissions par (Satellite to Cable) Programming
satellite Undertaking/Entreprise de programma-
tion (du satellite au câble)
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7- Pay-Television Programs/Émissions de (Pay-TV) Programming Undertaking/
télévision payante Entreprise de programmation
(télévision payante)
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8- Specialty Programs/Émissions (Specialty) Programming Undertaking/
spécialisées Entreprise de programmation
(émissions spécialisées)
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