ARCHIVED - Public Notice CRTC 2000-155

Public Notice CRTC 2000-155

Ottawa, 8 November 2000

Distribution and linkage requirements for Class 1 and Class 2 licensees

General

This public notice sets out the rules governing the distribution of programming services by licensees of broadcasting distribution undertakings holding a Class 1 licence or a Class 2 licence.

In addition, this notice outlines requirements concerning the linkage of programming services distributed on a discretionary basis. The provisions set out in this notice replace those contained in Public Notice CRTC 2000-129 dated 14 September 2000.

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

a) any pay television service and any television pay-per-view service, the operator of which is authorized to provide the service to all or any part of the licensed area of the broadcasting distribution undertaking;

b) any specialty service, the operator of which is authorized to provide the service to all or any part of the licensed area of the broadcasting distribution undertaking;

c) any satellite service as set out in the list of Part 2 eligible satellite services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before 3 June 1993, and any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian satellite services;

d) any Canadian television service included on the list of Part 3 eligible satellite services.

Rules regarding the distribution of programming services

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 operator of that service consents in writing to its distribution as a discretionary service:

a) 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 Television
(History and Entertainment Network)

c) Teletoon

d) CTV NewsNet (CTV News 1)

e) Canadian Learning Television

f) CTV SportsNet
(S3 CTV Regional Sports)

g) ROBTv (Report on Business Television)

h) TreeHouse TV

i) Prime TV

j) Space

k) Outdoor Life

l) Home and Garden Television
(HGTV)

m) Star TV (Star Entertainment)

n) Cable Pulse 24

o) Headline Sports (Sportscope Plus)

p) MuchMoreMusic

q) Talk TV

r) Canal Vie

s) Canal Nouvelles

t) Musimax

u) Canal Z, aux limites du savoir

v) Séries+ (Canal Fiction)

w) Canal Évasion

x) Historia (Canal Histoire)

y) La Télé des Arts

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

b) Notwithstanding paragraph 5a) and except as otherwise provided under a condition of its licence, where a licensee that operates an undertaking in a French-language market distributes any of the following programming services, the licensee must distribute that service solely on a discretionary basis within a tier made up exclusively of French-language programming services. All of the following services, depending on their availability, must be part of the same tier:

a)1 Canal Z, aux limites du savoir

b)1 Séries+ (Canal Fiction)

c)1 Canal Évasion

d)1 Historia (Canal Histoire)

c) Notwithstanding paragraph 5a) and except as otherwise provided under a condition of its licence, where a licensee that operates a cable distribution undertaking in a Francophone market distributes the service of La Télé des Arts, the licensee must distribute that service on the existing discretionary tier having the highest penetration, that is, the discretionary tier that is received by the highest number of subscribers. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.

d) Nothwithstanding paragraph 5a) and except as otherwise provided under a condition of its licence, where a licensee operates an MDS distribution undertaking in a Francophone market, the licensee must provide the service of La Télé des Arts to any subscriber that receives, on a discretionary basis, three or more French-language specialty services. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.

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)1 Life Network

b)1 Showcase

c) Bravo!

d) WTN

e) Discovery Channel

f) Canal D (Arts et Divertissement)

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.

Where a Class 2 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 operator of that service consents in writing to its distribution as a discretionary service:

a)2 Life Network

b)2 Showcase

c) Bravo!

d) WTN

e) Discovery Channel

f) Canal D (Arts et Divertissement)

g) any other specialty programming service that may be designated by the Commission for distribution by Class 2 licensees on a modified dual status basis.

Except as otherwise provided under 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 television pay-per-view service offered by a pay television undertaking;

b)1 any satellite service as set out in the list of Part 2 eligible satellite services, other than a Part 2 eligible satellite service that the licensee was authorized to distribute as part of its basic service before 3 June 1993, or any non-Canadian religious satellite service as may be set out in a future list of eligible non-Canadian satellite 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

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

Except as otherwise provided under 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 on a digital basis:

a) Sports/Specials Pay-Per-View

b) any other pay television, pay-per-view or specialty programming service that may be designated by the Commission for carriage exclusively as a discretionary service on a digital basis.

Where a licensee is authorized under the Broadcasting Distribution Regulations or a condition of its licence to distribute, on a discretionary basis, U.S. independent or duplicate network stations, each such service must be distributed on a separate channel.

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

The non-Canadian satellite services specified in the list of Part 2 eligible satellite services may only be offered in a package with Canadian pay television and/or Canadian specialty services, and such a package must be distributed on a discretionary basis, subject to the following linkage requirements:

a) a Canadian pay 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 2 eligible satellite services, but in no case can a licensee distribute more than five channels of non-Canadian-originated services linked with Canadian pay television services, regardless of the number of Canadian pay television services distributed by the licensee;

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 2 eligible satellite services or the non-Canadian-originated services referred to in paragraph 10 of this notice;

(ii) a licensee may designate one of the U.S. superstations specified in Section B of the list of Part 2 eligible satellite services, and distribute the signal of that superstation within a given discretionary tier that may include one or more Canadian specialty and/or pay television services, provided that the superstation is included in a tier that is distributed on a digital basis only;

(iii) a licensee is not permitted to link services on the list of Part 2 eligible satellite services with a Canadian specialty service distributed on the basic service;

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

Notwithstanding paragraph 11, any Canadian television service that is included on the list of Part 3 eligible satellite services and that a licensee is authorized to distribute may be linked with a second set of 4+1 U.S. network signals that the licensee is authorized to distribute provided that these signals are offered on a discretionary digital basis only.

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

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 services as may be set out in a future list of eligible non-Canadian 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 single discretionary tier with no more than five channels containing eligible non-Canadian religious satellite services, but in no case can a single 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 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 eligible non-Canadian religious satellite services; and

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

Secretary General

This document is available in alternate format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca