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Ottawa, 30 April 1993
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Public Notice CRTC 1993-54
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EXEMPTION ORDER RESPECTING MASTER ANTENNA TELEVISION SYSTEMS
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The Commission, pursuant to subsection 9(4) of the Broadcasting Act, by this order, exempts from the requirements of Part 1 of the Act and any regulations, those persons carrying on broadcasting undertakings of the class defined by the following criteria:
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Purpose
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These radiocommunication distribution undertakings, commonly referred to as Satellite Master Antenna Television (SMATV) systems, or more simply as Master Antenna Television (MATV) systems, have as their general purpose the distribution to the temporary or permanent residents of multiple unit dwellings such as hotels, apartment buildings, condominiums and row houses, of services generally accessible by residents of single unit dwellings.
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Description
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1. The entire undertaking:
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a) is situated exclusively on land owned or leased by the person carrying on the undertaking, or, in the case of an undertaking carried on by a condominium corporation, by such corporation or any of its members; or
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b) is effectively controlled by and provides service only to an educational institution, including residential buildings owned by and forming a part of such institution. 2. The undertaking is not connected by any form or means of transmission, apart from the direct over-the-air reception of conventional broadcast signals or the direct satellite or microwave reception of services
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a) to any land not owned or leased by the person or persons described above, or
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b) over any public street or highway, except in the case of an undertaking carried on by a condominium corporation, or by a registered cooperative society, all of whose members reside on the land on which the undertaking is situated, or by an educational institution described in 1.(b).
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3. a) No separate charge is levied, or direct commercial gain obtained, for the use of any part of the undertaking or for any service provided thereover, except for a charge levied in proportionate amount on subscribers to recover:
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i) interest on money borrowed and depreciation, maintenance and administration expenses as reasonably incurred by the operator of the undertaking in connection with the establishment and maintenance of the undertaking, and
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ii) the reasonable charge or fee payable by the operator of the undertaking to the distributor of a service or to an agent appointed by the operator of the undertaking to act on its behalf in arranging and administering agreements with service distributors.
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b) No operator of an undertaking shall have any legal or beneficial ownership interest in any third party providing to the operator, for that undertaking, any services for which separate charges are levied with respect to the matters authorized under paragraphs 3(a)(i) and (ii), unless a contract was entered into on or before 18 May 1989, in which case the application of this subsection to that relationship will only become effective upon the expiration of the term of the said contract.
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4. All signals of local Canadian television stations are distributed over the undertaking, in each case with no degradation of received signal.
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"Signals of local Canadian television stations" means the signals of all television broadcasting stations licensed by the Commission having Grade A "official contours" (as defined in the Cable Television Regulations, 1986, as amended) enclosing the area in which the undertaking in question is carried on.
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5. No service received over-the-air or by satellite or microwave transmission is distributed over the undertaking, other than a service that the Commission by regulation, condition of licence, or otherwise has authorized the licensee of a cable distribution undertaking serving the area within which the undertaking is situated to distribute on its undertaking, whether or not the licensee is actually distributing the service.
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Subject to paragraph 4 above, the signals distributed by the exempt undertaking need not be identical to those signals distributed by the licensed cable distribution undertaking serving the area, so long as they are signals of affiliates of the same network.
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6. A greater number of the video channels of the undertaking is devoted to the distribution of Canadian programming services than to the distribution of non-Canadian programming services.
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7. No feature motion picture locally originated is distributed over the undertaking.
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8. Notwithstanding paragraphs 5 and 7 above, an undertaking serving the temporary residents of hotels, motels and hospitals or the inmates of prisons may distribute the programming authorized for distribution by Closed Circuit Video Programming Undertakings, as set out in Public Notice CRTC 1993-50 dated 30 April 1993.
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Allan J. Darling
Secretary General
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