ARCHIVED -  Public Notice CRTC 1996-121

Public Notice

Ottawa, 4 September 1996

Public Notice CRTC 1996-121

DISTRIBUTION AND LINKAGE REQUIREMENTS

1. General

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 2000 or more subscribers (licensee).

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 1994-60 dated 6 June 1994, when the pertinent amendment to subsection 10(2) of the Cable Television Regulations, 1986 comes into effect.

These provisions govern distribution of the following programming services as part of the basic service and/or as discretionary services:

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;

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

c)  any satellite service as set out in the list of Part II Eligible Satellite Services, or any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian religious services.

2.  Rules regarding the distribution of programming services

2.1  Where a licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a dual status basis, that is, 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 TV
c)  YTV
d)  MuchMusic
e)  The Sports Network
f)   Canal Famille
g)  MétéoMédia/Weather Now
h)  MusiquePlus
i)  Réseau des Sports
j)  TV5
k)  Le Réseau de l'information
l)  The Country Network

m)  any other specialty programming service that may be designated by the Commission for distribution on a dual status basis.

2.1.1  Where a licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a modified dual status basis, that is, on a discretionary basis unless the licensee and the programming service operator agree to its distribution as part of the basic service:

a)  The Comedy Network
b)  History and Entertainment Network
c)  TELETOON
d)  CTV N1 Headline News
e)  Canadian Learning Television
f)  S3 Regional Sports
g)  Report on Business Television
h)  Treehouse TV
i)  Prime TV
j)  Space
k)  Outdoor Life
l)  Home and Garden Television
m)  Star Entertainment
n)  Pulse 24
o)  Sportscope Plus
p)  MuchMoreMusic
q)  Talk TV
r)  Le Canal Vie
s)  Le Canal Nouvelles
t)  Musimax

u)  any other specialty programming service that may be designated by the Commission for distribution on a modified dual status basis.

2.1.2  Where a Class 1 licensee distributes any of the following specialty programming services, the licensee is required to distribute that service on a modified dual status basis, that is, on a discretionary basis unless the licensee and the programming service operator agree to its distribution as part of the basic service:

a)  Life Network
b)  Showcase
c)  BRAVO!
d)  WTN
e)  Discovery
f)  Canal D

g)  any other specialty programming service that may be designated by the Commission for distribution by Class 1 licensees on a modified dual status basis.

2.2  Except as otherwise provided pursuant to a condition of its licence, where a licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service:

a) any  pay television service or any pay-per-view service offered by a pay television undertaking;

b) any  satellite service as set out in the list of Part II Eligible Satellite Services, or any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian religious services;

c)  Fairchild Television
d)  Talentvision
e)  Telelatino
f)  Odyssey
g)  South Asian Television

h)  any single or limited point-of-view religious specialty service; and

i)  any other specialty programming service that is designated by the Commission for carriage on a discretionary only basis.

2.3  Except as otherwise provided pursuant to a condition of its licence, where a licensee distributes any of the following programming services, the licensee is required to distribute that service exclusively as a discretionary service and to carry the service using digital technology for the delivery of programming to subscribers:

a)  Sports/Specials Pay-Per-View; and

b)  any other pay or specialty programming service that may be designated by the Commission for carriage exclusively as a discretionary service using digital technology for the delivery of programming to subscribers.

2.4  A licensee may carry U.S. independent and duplicate network television stations authorized for distribution on a discretionary basis pursuant to the Cable Television Regulations, 1986 or to a condition of its licence, provided three (3) commercial U.S. stations, each affiliated with a different conventional network, and one non-commercial station remain as part of the basic service.

2.5  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.

3.  Linkage requirements with respect to programming services distributed as discretionary services other than single or limited point-of-view religious services

3.1  The non-Canadian 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:

a)  each Canadian pay television service (excluding a Canadian pay-per-view television service) may be linked in a given discretionary tier with no more than five channels containing any of the non-Canadian-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 given discretionary tier, whose Canadian component includes only pay television services, contain more than five channels of non-Canadian-originated services, regardless of the number of Canadian pay television services included in that tier;

b)  i) each Canadian specialty service may be linked, when distributed on a discretionary basis within a given 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 non-Canadian-originated services specified in Section A of the list of Part II Eligible Satellite Services or, the non-Canadian-originated services referred to in paragraph 2.5 of this notice;

ii)  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

c)  a licensee is not permitted to offer a tier containing only non-Canadian services.

4.  Linkage requirements with respect to single or limited point-of-view religious services distributed as discretionary services

4.1  Each Canadian single or limited point-of-view religious pay or specialty service may be offered in a package only with other Canadian single or limited point-of-view religious pay or specialty services, and with any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian religious satellite services, and all such services must be distributed as discretionary services, subject to the following linkage requirements:

a) each  Canadian single or limited point-of-view religious pay service may be linked in a given discretionary tier with no more than five channels containing eligible non-Canadian religious satellite services, but in no case can a given discretionary tier, whose Canadian component consists only of single or limited point-of-view religious pay services, contain more than five channels containing eligible non-Canadian religious satellite services, regardless of the number of Canadian single or  limited point-of-view religious pay services included in that tier;

b)  each Canadian single or limited point-of-view religious specialty service may be linked, within a given discretionary tier that may include one or more Canadian single or limited point-of-view religious services, with no more than one channel containing any of the non-Canadian religious satellite services; and

c)  a licensee is not permitted to offer a tier containing only non-Canadian religious satellite services.

Allan J. Darling
Secretary General