ARCHIVED - Public Notice CRTC 2001-89

Public Notice CRTC 2001-89

Ottawa, 3 August 2001

Linkage requirements for direct-to-home (DTH) satellite distribution undertakings

In this notice, the Commission sets out revised linkage requirements for direct-to-home (DTH) satellite distribution undertakings. These requirements replace those contained in Public Notice CRTC 2000-128 dated 14 September 2000. The revisions to the linkage requirements are relatively minor in scope. They consist of additions and amendments necessitated by various Commission decisions over the past year.

General

This public notice sets out the rules concerning the linkage of programming services distributed on a discretionary basis by licensees holding a DTH satellite distribution undertaking licence (DTH licensee). The requirements set out below are intended to reflect those contained in existing conditions of licence of DTH licensees; to the extent that the requirements depart from any particular condition of licence, the condition of licence will prevail. The provisions set out in this notice replace those contained in Public Notice CRTC 2000-128 dated 14 September 2000.

The Commission has now made some amendments and additions to these rules. These relate to the distribution of a Category 1 service on a stand-alone basis; packaging and other requirements pertaining to Adult programming services; and linkage requirements concerning single or limited point of view religious services.

Rules regarding the distribution of programming services

A DTH licensee must offer the specialty programming service of arTV (La Télé des Arts) in the discretionary package containing the largest number of French-language services. The fee payable to the service provider shall be in the amount of $0.55 per subscriber per month.

A DTH licensee will not be permitted to distribute any Category 1 service on a stand-alone basis unless the Category 1 service is also distributed as part of a package.

A DTH licensee is not permitted to package an Adult Category 2 programming service in such a way that subscribers are obligated to purchase the service in order to purchase any other programming service. DTH licensees are required to take measures to fully block the reception of both the audio and video portions of any Adult Category 2 programming service to subscribers who request that it not be receivable in their home (in either unscrambled or scrambled mode).

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

Any Canadian single or limited point of view religious programming service, and any non-Canadian religious satellite service set out in the List of Part 2, Part 3 and DTH eligible satellite services for digital distribution, may be offered on a "stand-alone" digital discretionary basis. Such services may also be offered in a package with other Canadian single or limited point of view religious services or with non-Canadian religious satellite services. Distributors are not permitted to offer such services in packages with any other type of Canadian or non-Canadian programming service.

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

The non-Canadian satellite services specified in the list of DTH Eligible Satellite Services may only be offered in a discretionary package with Canadian pay television and/or Canadian specialty services, and are subject to the following linkage requirements:

a) a Canadian pay television service (excluding the service of a Canadian DTH pay-per-view television programming undertaking) may be linked in a given discretionary package 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 DTH Eligible Satellite Services, but in no case can a licensee distribute more than five channels of non-Canadian programming 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, distributed within a discretionary package that may include one or more Canadian specialty and/or pay television services, may be linked with no more than one channel containing any of the non-Canadian programming services specified in Section A of the list of DTH Eligible Satellite Services;

ii) a DTH licensee may designate one of the U.S. superstations specified in Section B of the list of DTH Eligible Satellite Services, and distribute the signal of that superstation within a given discretionary package that may include one or more Canadian specialty and/or pay television services;

iii) a DTH licensee is not permitted to link services on the list of DTH Eligible Satellite Services with a Canadian specialty service distributed on the basic service; and

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

Secretary General

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