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Public Notice
CRTC 1996-117
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Ottawa, 23 August 1996
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Amendments to the Pay Television Regulations, 1990
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In Public Notice CRTC 1995-209 dated 8 December 1995, the Commission proposed amendments to the Pay Television Regulations, 1990 (the regulations).
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Paragraphs 3(2)(e) and (f) of the regulations prohibit the distribution of programming, other than filler programming, that is produced by the licensee or by a person related to the licensee. The proposed amendments to these paragraphs would allow licensees of pay television programming undertakings to apply to vary, by condition of licence, the application of the prohibition. The amendments would also clarify the meaning of "related" for the purpose of these regulations.
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In response to its call for comments, the Commission received eight submissions, most of which supported the proposed amendments.
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The Commission hereby announces that it has made the amendments to the regulations in essentially the same form as they appeared in the attachment to Public Notice CRTC 1995-209. A copy of these amendments is attached. They were registered with the Clerk of the Privy Council on 22 March 1996 (SOR/96-163) and came into force on that date. These amendments were published in the Canada Gazette Part II on 3 April 1996.
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Related documents: Public Notice CRTC 1990-10 (31 January 1990); and Public Notice CRTC 1995-209 (8 December 1995).
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Allan J. Darling
Secretary General
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JUS-96-079-01
(SOR/DORS)
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WHEREAS, pursuant to subsection 10(3) of the Broadcasting Act*, a copy of proposed amendments to the Pay Television Regulations, 1990, substantially in the form set out in the schedule hereto, was published in the Canada Gazette Part I on December 16, 1995, and a reasonable opportunity was thereby given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect thereto;
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THEREFORE, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act*, hereby amends the Pay Television Regulations, 1990, made on January 25, 1990**, in accordance with the schedule hereto.
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Hull, Quebec, March 22, 1996
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ALLAN J. DARLING
Secretary General
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SCHEDULE
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1. Subsection 2(1) of the Pay Television Regulations, 1990 is amended by adding the following in alphabetical order:
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"related", in respect of a person, means an associate of the person within the meaning of subsection 6(1). (liée)
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2. Paragraphs 3(2)(e) and (f) of the Regulations are replaced by the following:
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(e) other than filler programming, except as otherwise provided in a condition of its licence, that is produced by the licensee after the date of publication in the Canada Gazette of the initial decision of the Commission granting a licence to the licensee; or
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(f) other than filler programming, except as otherwise provided in a condition of its licence, that is produced by a person related to the licensee after the later of
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(i) the date of publication in the Canada Gazette of the initial decision of the Commission granting a licence to the licensee, and
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(ii) the day on which the person became related to the licensee
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EXPLANATORY NOTE
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(This note is not part of the Regulations.)
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These amendments provide that the application of the prohibition against the distribution of programming produced by a licensee or a person related to a licensee may be varied pursuant to a condition of the licence.
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