ARCHIVED -  Public Notice CRTC 1997-11

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Public Notice

Ottawa, 31 January 1997
Public Notice CRTC 1997-11
In Public Notice CRTC 1996-118 dated 23 August 1996, the Commission announced a proposal to amend the Pay Television Regulations, 1990 (the regulations). A copy of the proposed amendment was annexed to the notice for public comment.
The purpose of the amendment is to exclude from the definition of "commercial message" in subsection 2(1) advertisements contained in the live feed of acquired sports programming originating in a stadium, arena, or other venue from which the event is broadcast where the licensee who has acquired the programming has not accepted any compensation for such advertisements. The amendment also subtitutes the expression "pay television network" in that definition for the expression "pay television programming undertaking", in order to reflect the terminology used in the Broadcasting Act.
The Commission received comments on the proposed amendment from Allarcom Television Limited, Canal Indigo, CTV Television Network Ltd., NetStar Communications Inc., Viewer's Choice Canada and the licensee of Sports/Specials Pay Per View. Most of these comments supported the proposed amendment.
Having considered these comments, the Commission announces that it has amended the regulations; a copy of the amendment is appended to this notice. These statutory instruments were registered on 3 December 1996 and came into force on that date. They were published in the Canada Gazette Part II on 25 December 1996 (SOR/96-520).
Allan J. Darling
Secretary General
Pay Television Regulations, 1990, amendment
Whereas, pursuant to subsection 10(3) of the Broadcasting Act, a copy of the proposed Regulations Amending the Pay Television Regulations, 1990, substantially in the annexed form, was published in the Canada Gazette, Part I, on August 31, 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;
Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Acta, hereby makes the annexed Regulations Amending the Pay Television Regulations, 1990.
Hull, Quebec, December 3, 1996
Secretary General
1. (1) Paragraph (c) of the definition "commercial message" in subsection 2(1) of the Pay Television Regulations, 1990 is replaced by the following:
(c) identification of a pay television programming undertaking,
(2) The definition "commercial message" in subsection 2(1) of the Regulations is amended by adding the word "or" at the end of paragraph (d) and by adding the following after paragraph (d):
(e) advertisement that
(i) is contained in the live feed of programming that is of the category set out in column I of subitem 6(6) of Schedule I and that is acquired by a licensee,
(ii) is broadcast during the same period, and originates in the same stadium, arena or other venue, as the event itself, and
(iii) is distributed by the licensee without compensation; (message publicitaire)
coming into force
2. These Regulations come into force on December 3, 1996.

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