ARCHIVED - Public Notice CRTC 1996-130
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Public Notice |
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Ottawa, 24 September 1996
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Public Notice CRTC 1996-130
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Amendments to the Broadcasting Information Regulations, 1993
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The licensees of most broadcasting undertakings - radio, television, cable, pay and specialty - are required to submit an annual return form to the Commission. These reporting requirements are set out in regulations that pertain to specific classes of licences.
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Licensees who are not required to submit an annual return form by any other regulations made under the Broadcasting Act (the Act) are required to do so by the Broadcasting Information Regulations, 1993 (the BIR). The BIR cover about 250 broadcasting undertakings. Although approximately 80 of these undertakings do charge subscription fees (directly or indirectly) to subscribers, the remainder do not.
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In Public Notice CRTC 1996-72 dated 4 June 1996, the Commission announced a proposal to amend the BIR. A copy of the proposed amendment was annexed to the notice for public comment. The purpose of the amendment is to remove the annual return reporting requirements for those undertakings that do not charge a fee, either directly or indirectly, to subscribers.
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No comments were received in response to the Commission's call for public comment. The Commission notes, however, that the wording of the proposed amendment, as included in the attachment to Public Notice CRTC 1996-72, referred to undertakings that do not charge a "monthly" fee. The Commission has determined that the word "monthly" should be deleted from the amendment, such that the reporting requirement will be based on whether a subscription fee is collected, regardless of how often the fee is collected.
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Accordingly, of those undertakings covered by the BIR, only subscription-based distribution undertakings will continue to be required to file an annual return by 30 November of each year. In accordance with its usual practice, the Commission intends to ensure that an appropriate annual return form is sent to all of the approximately 80 undertakings that continue to be required to file an annual return under the BIR. The Commission emphasizes, however, that all of the 250 undertakings covered by the BIR will continue to be required to respond to the Commission's enquiries and requests for information.
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Having completed its deliberations on the present matter, the Commission announces that it has amended the BIR, as set out in the attached schedule. These statutory instruments were registered on 16 August 1996 and came into force on that date. They were published in the Canada Gazette Part II on 4 September 1996.
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Allan J. Darling
Secretary General |
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Whereas, pursuant to subsection 10(3) of the Broadcasting Acta, a copy of the proposed Regulations Amending the Broadcasting Information Regulations, 1993, substantially in the form annexed hereto, was published in the Canada Gazette Part I on June 15, 1996, 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 makes the annexed Regulations Amending the Broadcasting Information Regulations, 1993.
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Hull, Quebec, August 15, 1996
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Allan J. Darling
Secretary General |
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REGULATIONS AMENDING THE BROADCASTING INFORMATION REGULATIONS, 1993
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AMENDMENT
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1. (1) Subsection 2(1) of the Broadcasting Information Regulations, 1993 is replaced by the following:
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2. (1) Subject to section 3, on or before November 30 of each year, a licensee that charges a fee to subscribers or to another licensee that charges a fee to subscribers shall submit to the Commission a statement of accounts, on the annual return of broadcasting licensee form, for the year ending on the previous August 31.
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(2) Section 2 of the Regulations is amended by adding the following after subsection (2):
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(3) In this section, "subscriber" means a person who is a subscriber within the meaning of the Cable Television Regulations, 1986.
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COMING INTO FORCE
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2. These Regulations come into force on August 16, 1996.
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EXPLANATORY NOTE
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(This note is not part of the Regulations.)
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The purpose of this amendment is to reduce the number of licensees that must provide information to the Commission on an annual basis.
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