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Ottawa, 6 June 1994
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Public Notice CRTC 1994-60
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DISTRIBUTION AND LINKAGE REQUIREMENTS
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1. General
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This public notice sets out the rules governing the distribution of programming services by cable licensees holding a Class 1 licence, or a Class 2 licence for a system with 2,000 or more subscribers (licensee).
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In addition, the notice outlines requirements concerning the linkage of programming services distributed on a discretionary basis. The provisions set forth in this public notice will replace those set out in Public Notice CRTC 1993-75 dated 3 June 1993, when the pertinent amendment to subsection 10(2) of the Cable Television Regulations, 1986 comes into effect.
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These provisions govern distribution of the following programming services as part of the basic service and/or as discretionary services:
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a) Any pay television service, the originator of which is licensed to provide the service to all or any part of the authorized service area of the cable distribution undertaking;
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b) Any specialty service, the originator of which is licensed to provide the service to all or any part of the authorized service area of the cable distribution undertaking; and
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c) any satellite service as set out in the list of Part II Eligible Satellite Services, or any foreign religious satellite service as may be set out in a future list of eligible foreign religious services.
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2. Rules Regarding the Distribution of Programming Services
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2.1 Where a licensee elects to distribute any of the following specialty programming services, the licensee is required to distribute that service as part of the basic service, unless the originator of that service consents in writing to its distribution as a discretionary service:
a) CBC Newsworld,
b) Vision,
c) YTV,
d) MuchMusic,
e) TSN,
f) Canal Famille,
g) MétéoMédia/Weather Now,
h) MusiquePlus,
i) Réseau des Sports,
j) TV5,
k) Le Réseau de l'information (RDI),
l) The Country Network,
m) Any other specialty programming service that is designated by the Commission for distribution as part of the basic service, unless the originator of that service consents in writing to its distribution as a discretionary service.
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2.1.1 Where a Class 1 licensee elects to distribute any of the following specialty programming services, the licensee is required to distribute that service on a discretionary basis, unless the licensee and the programming service operator agree to its distribution as part of the basic service:
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a) YOU: Your Channel,
b) Showcase,
c) BRAVO!,
d) Lifestyle Television,
e) Discovery,
f) Arts et Divertissement,
g) Any other specialty programming service that may be designated by the Commission for distribution on a discretionary basis, unless the Class 1 licensee and the programming service operator agree to its distribution as part of the basic service.
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2.2 Except as otherwise provided pursuant to a condition of its licence, where a licensee elects to distribute any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service:
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a) any pay or pay-per-view television service,
b) any satellite service as set out in the list of Part II Eligible Satellite Services, or any foreign religious satellite service as may be set out in a future list of eligible foreign religious services,
c) Fairchild Television (formerly Chinavision),
d) Talentvision (formerly Cathay), e) Telelatino,
f) any single or limited point-of-view religious specialty service,
g) any other specialty programming services that are designated by the Commission for carriage on a discretionary only basis.
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2.3 A licensee may carry U.S. independent and duplicate network television signals authorized for distribution on a discretionary basis pursuant to the Cable Television Regulations, 1986 or to a condition of its licence, provided the core 3+1 U.S.-originated services remain as part of the basic service.
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2.4 Where a licensee is authorized pursuant to section 10 of the Cable Television Regulations, 1986 or to a condition of its licence to distribute, on a discretionary basis, U.S. independent or duplicate network television stations, each such service must be distributed on a separate channel.
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3. Linkage Requirements with Respect to Programming Services Distributed as Discretionary Services other than single or limited point-of-view religious services
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3.1 The foreign satellite services specified in the list of Part II Eligible Satellite Services may only be offered in a package with Canadian pay television and/or Canadian specialty services, and all must be distributed as discretionary services, subject to the following linkage requirements:
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a) each Canadian pay television service (excluding a Canadian pay-per-view television service) may be linked in a single discretionary tier with no more than five channels containing any of the foreign-originated services specified in either Section A or Section B of the list of Part II Eligible Satellite Services, but in no case can a single discretionary tier, whose Canadian component includes only pay television services, contain more than five channels of foreign-originated services, regardless of the number of Canadian pay television services included in that tier;
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b) until 31 December 1994, each Canadian specialty service, distributed on a discretionary basis within a discretionary tier that may include one or more Canadian specialty and/or pay television services, may be linked with no more than two channels containing any of the foreign-originated services specified in Section A of the list of Part II Eligible Satellite Services;
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c) commencing 1 January 1995, each Canadian specialty service, distributed on a discretionary basis within a discretionary tier that may include one or more Canadian specialty and/or pay television services, may be linked with no more than one channel containing any of the foreign-originated services specified in Section A of the list of Part II Eligible Satellite Services;
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d) a licensee may use any of the channels containing foreign-originated services referred to in paragraphs (a), (b) and (c) for the distribution of U.S. independent or duplicate network television signals authorized for distribution pursuant to section 10 of the Cable Television Regulations, 1986 or to a condition of the licensee's licence;
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e) a licensee is not permitted to offer a tier containing only non-Canadian services;
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f) a licensee is not permitted to link services on the list of Part II Eligible Satellite Services with a Canadian specialty service distributed on the basic service; and
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g) prior to 1 January 1995, a licensee may only devote a maximum of eight channels of its undertaking to the distribution of foreign-originated services specified in the list of Part II Eligible Satellite Services, unless the licensee elects to distribute each Canadian specialty service (distributed on a discretionary basis, on a 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 foreign-originated services specified in Section A of the list of Part II Eligible Satellite Services.
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4. Linkage Requirements with Respect to Single or Limited Point-of-View Services Distributed as Discretionary Services
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4.1 Each Canadian single or limited point-of-view religious pay and specialty service may be offered in a package only with other Canadian single or limited point-of-view religious pay and specialty services, and with any foreign religious satellite services as may be set out in a future list of eligible foreign religious satellite services, and all services must be distributed as discretionary services, subject to the following linkage requirements:
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a) each Canadian single or limited point-of-view religious pay service may be linked in a single discretionary tier with no more than 5 channels containing any of the foreign religious satellite services, but in no case can a single discretionary tier, whose Canadian component includes only single or limited point-of-view religious pay services, contain more than five channels containing foreign religious services, regardless of the number of Canadian single or limited point-of-view religious pay services included in that tier;
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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 services, with no more than one channel containing any of the foreign religious satellite services;
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c) a licensee is not permitted to offer a tier containing only foreign religious satellite services.
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Allan J. Darling
Secretary General
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