ARCHIVED - Broadcasting Public Notice CRTC 2002-81
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Broadcasting Public Notice CRTC 2002-81 |
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Ottawa, 23 December 2002 |
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Call for comments - Proposed amendments to the Broadcasting Distribution Regulations |
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Implementation of a regional licensing approach for cable distribution undertakings |
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In May 2001, the Commission announced a new regional licensing policy for cable broadcasting distribution undertakings in Changes to the Commission's approach to cable undertakings - Proposed exemption for cable systems with fewer than 2,000 subscribers, and implementation of a regional licensing model, Public Notice CRTC 2001-59, 29 May 2001 (Public Notice 2001-59). The Commission now proposes to amend the Broadcasting Distribution Regulations (the Regulations) in order to implement its policy. A copy of the proposed Regulations Amending the Broadcasting Distribution Regulations is appended to this public notice. |
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As noted in Public Notice 2001-59, the Commission is convinced that there are administrative and regulatory advantages to be gained through the regional licensing approach. This approach should realize administrative efficiencies that have been made possible by the ownership consolidation that has occurred within the industry, while not altering the licensed area of individual cable undertakings. |
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In Public Notice 2001-59, the Commission noted the concerns raised by various parties about the potential impact of a regional licensing approach on copyright payments, licence fees, signal carriage and program substitution. The intent of the proposed amendments is to enable realization of administrative efficiencies while preserving, to the greatest possible extent, existing rights and obligations of all parties, including licensees, programming undertakings, other signal providers, and the public. |
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The Commission proposes to amend the definition of "licensed area", in order to ensure that the current "licensed area" of each existing broadcasting distribution undertaking (BDU) remains unaltered under the regional licensing approach, while permitting one regional licence to include several licensed areas and undertakings. The modified definition would read as follows: |
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Moreover, as the term "licensed area" will continue to correspond to a particular BDU, a licensee's obligations under the Broadcasting Licence Fee Regulations, 1997 will not change under the regionalization proposal. |
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Under the current Regulations, some rights, obligations or prohibitions are not conferred or imposed on a licensee by reference to a specific service area. For example, under section 9 of the Regulations, a licensee must not give an undue preference to any person, or subject any person to an undue disadvantage. This provision and other provisions of general application will be unchanged under the regional licensing approach. |
| 7. |
Where obligations are service-area specific, the Commission proposes to amend the Regulations in order to insert the words "in a licensed area" into the relevant sections. For example, a BDU's local signal carriage obligations in one part of a province can differ significantly from those of another BDU, even one that is located not far away. The proposed amendment would ensure that existing rights and obligations are preserved, and that additional rights and obligations are not created as a consequence of grouping several licensed areas under one regional licence. |
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Finally, unrelated amendments are proposed to correct sections 18(8) and 27(1)(d) of the French-language version of the Regulations, and the title preceding section 30. |
Implementation |
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The Commission proposes that the amendments to the Regulations come into force on the date they are registered. This should occur during the winter of 2003. The Commission will soon make available on its web site the application forms for those wishing to become regional licensees. |
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The Commission intends to begin the process of renewing licences on a regional basis in 2003. The process will begin with the Atlantic region (New Brunswick, Nova Scotia, Newfoundland and Labrador and Prince Edward Island), starting with Class 1 BDUs and any remaining, licensed Class 3 BDUs. It also intends to renew for a short-term period the licences of BDUs in other regions. |
| 11. |
The Commission will not proceed with the licence renewals of Class 2 systems until it has completed the process announced in Proposal by the Canadian Cable Television Association (CCTA) to exempt small cable undertakings - Call for comment, Broadcasting Public Notice CRTC 2002-62, 18 October 2002. |
Call for comments on the proposed amendments |
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| 12. |
Interested parties are invited to present their comments as to whether the proposed amendments accurately reflect the Commission's policy set out in Public Notice 2001-59. The Commission will consider comments received no later than 6 February 2003. |
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The Commission will not formally acknowledge comments. It will, however, fully consider all comments and they will form part of the public record of the proceeding, provided that the procedures for filing set out below have been followed. |
Procedures for filing comments |
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Interested parties can file their comments either electronically (i.e. by email) or on paper. Submissions longer than five pages should include a summary. |
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Parties wishing to file their comments electronically can do so by sending them to procedure@crtc.gc.ca. |
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Parties wishing to file their comments on paper should send them to the Secretary General, CRTC, Ottawa, K1A 0N2. |
| 17. |
Please number each paragraph of your submission. In addition, please enter the line ***End of document*** following the last paragraph. This will help the Commission verify that the document has not been damaged during transmission. |
| 18. |
The Commission will make comments filed in electronic form available on its web site at www.crtc.gc.ca but only in the official language and format in which they are submitted. Such comments may be accessed in the Public Proceedings section of the CRTC web site. Copies of all comments, whether filed on paper or in electronic form, will also be placed on the public examination file. |
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The Commission encourages interested parties to monitor the public examination file (and/or the Commission's web site) for additional information that they may find useful when preparing their comments. |
Examination of public comments and related documents at the following Commission offices during normal business hours |
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Central Building |
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Metropolitan Place, |
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405 de Maisonneuve Blvd. East |
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55 St. Clair Avenue East |
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Kensington Building |
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Cornwall Professional Building |
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10405 Jasper Avenue |
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530-580 Hornby Street |
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Secretary General |
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This document is available in alternative format upon request and may also be examined at the following Internet site: http://www.crtc.gc.ca |
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(SOR/DORS) |
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REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS |
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AMENDMENTS |
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1. (1) The definitions "available channel", "basic service", "Class 1 licensee", "Class 2 licensee", "Class 3 licensee", "community channel", "community programming", "extra-regional television station", "licensed area", "licensee", "local AM station", "local digital radio station", "local FM station", "local head end", "local television station", "regional television station" and "restricted channel" in section 1 of the Broadcasting Distribution Regulations1 are replaced by the following: |
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| "available channel" means any unrestricted channel of a distribution undertaking in a licensed area, other than a channel on which is distributed | |
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"basic service" means the services distributed in a licensed area by a licensee as a package consisting of the programming services the distribution of which is required under sections 17, 22, 32 or 37, or a condition of its licence, and any other services that are included in the package for a single fee. (service de base) |
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"Class 1 licensee" means the holder of a Class 1 licence or a Class 1 regional licence. (titulaire de classe 1) |
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"Class 2 licensee" means |
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"Class 3 licensee" means |
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"community programming" means, in relation to a licensed area, programming that is produced |
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"extra-regional television station" means, in relation to a licensed area of a distribution undertaking, a licensed television station that has |
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"licensed area" means an area for which a licensee has been licensed to carry on a distribution undertaking. (zone de desserte autorisée) |
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"licensee" means a person who is authorized by a licence or a regional licence to carry on one or more distribution undertakings. (titulaire) |
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"local AM station" means, in relation to a licensed area of a distribution undertaking, a licensed AM station that has its principal studio located within 32 km of the local head end of the licensed area. (station AM locale) |
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"local digital radio station" means, in relation to a licensed area of a distribution undertaking, a licensed digital radio station that has a digital service area that includes any part of the licensed area. (station de radio numérique locale) |
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"local FM station" means, in relation to a licensed area of a distribution undertaking, a licensed FM station that has a 500 µV/m official contour that includes any part of the licensed area. (station FM locale) |
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"local head end", in respect of |
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(a) a licensed area of a cable distribution undertaking, means the specific location at which a licensee receives the majority of the programming services that are transmitted by local television stations or, if there are no such stations, by regional television stations, and that are distributed by the licensee in the licensed area; and |
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(b) a radiocommunication distribution undertaking, means the licensee's transmitter site. (tête de ligne locale) |
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"local television station", in relation to a licensed area of a distribution undertaking, means a licensed television station that |
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"regional television station" means, in relation to a licensed area of a distribution undertaking, a licensed television station, other than a local television station, that has a Grade B official contour that includes any part of the licensed area. (station de télévision régionale) |
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"restricted channel" means, in relation to a licensed area of a cable distribution undertaking, a channel of that undertaking that is the same channel on which signals are transmitted by |
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(2) Section 1 of the Regulations is amended by adding the following in alphabetical order: |
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"regional licence" means a licence issued by the Commission that authorizes the licensee to carry on distribution undertakings in two or more licensed areas. (licence régionale) |
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2. Subsection 6(3) of the Regulations is replaced by the following: |
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(3) Except as otherwise provided under a condition of its licence, this section does not apply to a Class 3 licensee in respect of a licensed area in which the licensee only distributes programming services on the basic band. |
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3. The portion of section 7 of the Regulations before paragraph (a) is replaced by the following: |
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7. A licensee shall not alter or delete a programming service in a licensed area in the course of its distribution except |
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4. Section 16.1 of the Regulations is replaced by the following: |
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16.1 A licensee that is operating in a licensed area that is an anglophone market within the meaning of paragraph 18(4)(b) shall distribute on an analog basis, in the licensed area, at least the same number of French-language Canadian programming services as it distributed on an analog basis in the licensed area on March 10, 2000. |
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5. (1) The portion of subsection 17(1) of the Regulations before paragraph (a) is replaced by the following: |
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17. (1) Except as otherwise provided in subsections (3) to (6) or under a condition of its licence, a licensee shall distribute in each licensed area the following as part of its basic service, in the following order of priority: |
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(2) Subsection 17(2) of the Regulations is replaced by the following: |
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(2) A licensee of a cable distribution undertaking shall distribute in each licensed area the programming services referred to in subsection (1) beginning with the basic band. |
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(3) Subsections 17(5) and (6) of the Regulations are replaced by the following: |
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(5) If the Commission has determined that a programming service is of national public interest and has licensed the service as a mandatory service, the licensee shall distribute the service in each licensed area as part of the basic service. |
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(6) If the programming services of two or more television stations rank equally in the order of priority established by this section, unless the operators of the stations agree otherwise in writing, a licensee shall give priority |
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(a) if the studios of the stations are located in the same province as the licensed area or in the National Capital Region, as described in the schedule to the National Capital Act, to the programming services of the stations in the order of the proximity of their main studios to the local head end of the licensed area; and |
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(b) in any other case, to the programming service of the station that has a studio located in the same province as the licensed area. |
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6. (1) Subsection 18(3) of the Regulations is replaced by the following: |
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(3) For the purposes of this section, other than subsections (11) to (11.5), a licensee makes use of digital technology for the delivery of programming to subscribers in a licensed area when at least 15% of its subscribers in the licensed area receive one or more programming services on a digital basis. |
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(2) The portion of subsection 18(4) of the Regulations before paragraph (b) is replaced by the following: |
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(4) For the purpose of this section, in a licensed area |
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(a) a licensee is considered to be operating in a francophone market if more than 50% of the total population of all cities, towns and municipalities encompassed in whole or in part within the licensed area has French as its mother tongue, according to the most recent population figures published by Statistics Canada; and |
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(3) Subsections 18(6) and (7) of the Regulations are replaced by the following: |
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(6) If a licensee is distributing a pay-per-view service in a licensed area on more than 10 analog channels, the Commission may declare one or more channels in the licensed area to be available channels for the purposes of subsection (5). |
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(7) A licensee is not required to distribute in a licensed area, under subsection (5), the service of a programming undertaking that was licensed after May 6, 1996 if the only available channel in the licensed area is one on which the licensee is distributing a non-Canadian programming service that was distributed by the licensee in the licensed area before May 6, 1996. |
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(4) Subsection 18(8) of the French version of the Regulations is replaced by the following: |
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(8) Si, selon une condition rattachée à la licence d'une entreprise de programmation, le Conseil autorise celle-ci à exiger que son service soit distribué soit à compter de la date à laquelle le titulaire utilise la technologie numérique pour distribuer des émissions aux abonnés, soit à compter du 1er septembre 1999, si cette date est antérieure, le titulaire n'est pas tenu de distribuer le service conformément au paragraphe (5) jusqu'à la plus rapprochée de ces deux dates. |
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(5) Subsections 18(9) to (11) of the Regulations are replaced by the following: |
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(9) Subject to subsection (10), if a licensee has not made use of digital technology for the delivery of programming to subscribers in a licensed area by September 1, 1999, the licensee shall distribute in the licensed area the programming service referred to in subsection (8) on an analog channel, unless the operator of the programming service agrees in writing to the distribution of its service on a digital basis. |
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(10) When a licensee makes use of digital technology for the delivery of programming to subscribers in a licensed area, the licensee may distribute in the licensed area the programming service referred to in subsection (8) on an analog channel or on a digital basis, or both. |
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(11) Except as otherwise provided under a condition of its licence, a licensee that delivers any programming service to any subscriber on a digital basis in a licensed area shall distribute in the licensed area, on a digital basis, |
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(a) if the licensee is operating in an anglophone market, each English-language Category 1 service that the operator of which is authorized to provide to all or part of the licensed area; and |
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(b) if the licensee is operating in a francophone market, each French-language Category 1 service that the operator of which is authorized to provide to all or part of the licensed area. |
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(6) The portion of subsection 18(11.1) of the Regulations before paragraph (a) is replaced by the following: |
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(11.1) Except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity of at least 750 MHz in a licensed area and that makes use of digital technology for the delivery of any programming service in the licensed area shall distribute in the licensed area |
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(7) The portion of subsection 18(11.2) of the Regulations before paragraph (a) is replaced by the following: |
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(11.2) Subject to subsection (11.3) and except as otherwise provided under a condition of its licence, a licensee that has a nominal capacity in a licensed area that is less than that referred to in subsection (11.1) and that makes use of digital technology for the delivery of any programming service in the licensed area shall distribute in the licensed area |
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(8) Subsections 18(11.4) and (11.5) of the Regulations are replaced by the following: |
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(11.4) For the purposes of paragraph (11.2)(a), any French-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes a French-language Canadian specialty service. |
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(11.5) For the purposes of paragraph (11.2)(b), any English-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes an English-language Canadian specialty service. |
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(9) Subsection 18(14) of the Regulations is replaced by the following: |
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(14) Except as otherwise provided under a condition of its licence, a licensee shall, for each Category 2 service of a related programming undertaking that it distributes in a licensed area, distribute at least five Category 2 services of any unrelated programming undertakings in the licensed area. |
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7. (1) The portion of section 19 of the Regulations before paragraph (a) is replaced by the following: |
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19. Except as otherwise provided under a condition of its licence, if a licensee satisfies the requirements of sections 17 and 18, it may distribute in any licensed area |
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(2) Paragraph 19(h) of the Regulations is replaced by the following: |
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(h) any Part 2 eligible satellite service that the licensee was authorized to distribute in the licensed area as part of its basic service before June 3, 1993; |
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8. Section 19.1 of the Regulations is replaced by the following: |
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19.1 Except as otherwise provided under a condition of its licence, a licensee that delivers any programming service to any subscriber on a digital basis in a licensed area, and satisfies the requirements of section 18, may distribute in that licensed area, but only on a digital basis, any Category 1 service not distributed by the licensee under that section, and any Category 2 service. |
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9. Subsection 20(2) of the Regulations is replaced by the following: |
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(2) If a licensee distributes in a licensed area a programming service consisting of the proceedings of the legislature of the province in which the licensed area is located, the licensee shall include that service as part of its basic service, unless the operator of the programming service agrees in writing to the distribution of its service as a discretionary service. |
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10. Subsection 21(3) of the Regulations is replaced by the following: |
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(3) If a licensee distributes in a licensed area on one or more analog channels the programming services of an exempt programming undertaking of which the licensee or an affiliate, or both, controls 15% or more of the total shares issued and outstanding, the licensee shall make available in the licensed area an equal number of analog channels for the distribution of programming services of third party exempt programming undertakings. |
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11. The portion of subsection 22(1) of the Regulations before paragraph (a) is replaced by the following: |
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22. (1) Except as otherwise provided under a condition of its licence, a Class 1 licensee, and any Class 2 licensee that elects to distribute an audio programming service in a licensed area, shall distribute in the licensed area |
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12. (1) The portion of subsection 23(1) of the Regulations before paragraph (a) is replaced by the following: |
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23. (1) Except as otherwise provided under a condition of its licence or in subsection (2), a licensee may distribute in any licensed area |
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(2) The portion of subsection 23(2) of the Regulations before paragraph (a) is replaced by the following: |
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(2) Except as otherwise provided under a condition of its licence, no licensee shall distribute in a licensed area |
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13. Subsections 24(2) and (3) of the Regulations are replaced by the following: |
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(2) Subject to subsection (3), if a Class 1 licensee distributes in a licensed area the programming service of a pay audio programming undertaking of which the licensee or an affiliate, or both, controls 30% or more of the total shares issued and outstanding, the licensee shall distribute in the licensed area the programming service of at least one third party pay audio programming undertaking. |
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(3) A licensee is not required to distribute in a licensed area the programming service of a third party pay audio programming undertaking that is delivered to the licensee's head end in a format that is technically incompatible with the licensee's method of signal distribution. |
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14. (1) The portion of subsection 27(1) of the Regulations before paragraph (a) is replaced by the following: |
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27. (1) If a licensee elects to distribute community programming, except as otherwise provided in subsections (2) and (3) or under a condition of its licence, a licensee shall not distribute on the community channel in a licensed area any programming service other than |
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(2) Paragraph 27(1)(d) of the French version of the Regulations is replaced by the following: |
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d) une émission d'information financée par le gouvernement fédéral, un gouvernement provincial, une administration municipale ou un de leurs organismes, ou un organisme d'intérêt public, et produite pour l'un d'eux; |
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(3) Paragraph 27(1)(e) of the Regulations is replaced by the following: |
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(e) the question period of the legislature of the province in which the licensed area is located; |
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(4) Subsections 27(2) to (4) of the Regulations are replaced by the following: |
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(2) Whenever a licensee is not distributing community programming on the community channel in a licensed area, or is distributing on that channel community programming that has no audio component, the licensee may distribute on that channel the programming service of a local radio station, other than an educational radio programming service the operation of which is the responsibility of an educational authority. |
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(3) Whenever a Class 2 licensee is not distributing community programming on the community channel in a licensed area, the licensee may distribute in that licensed area the programming services referred to in Public Notice CRTC 1985-151, entitled Complementary Programming on the Community Channel. |
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(4) If a licensee provides time on the community channel in a licensed area during an election period for the distribution of programming of a partisan political character, the licensee shall allocate that time on an equitable basis among all accredited political parties and rival candidates. |
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15. (1) Paragraph 28(1)(a) of the Regulations is replaced by the following: |
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(a) keep a program log or a machine-readable record of programs distributed on the community channel in each licensed area and retain it for a period of one year after distribution of the programs; and |
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(2) The portion of subsection 28(2) of the Regulations before paragraph (a) is replaced by the following: |
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(2) A licensee shall retain a clear and intelligible audio-visual recording of each program distributed on the community channel in each licensed area for a period of |
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16. (1) The portion of subsection 29(5) of the Regulations before paragraph (a) is replaced by the following: |
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(5) Except as otherwise provided by a condition of its licence, with respect to each licensed area in which a Class 1 licensee had fewer than 20,000 subscribers on August 31 of the previous broadcast year, the Class 1 licensee shall make a contribution to Canadian programming |
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(2) Subparagraphs 29(5)(b)(i) and (ii) of the Regulations are replaced by the following: |
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(i) 5% of its gross revenues derived from broadcasting activities in the licensed area in the year, less any contribution to local expression made by the licensee in the licensed area in that year, and |
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(ii) 1.5% of its gross revenues derived from broadcasting activities in the licensed area in that year. |
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17. (1) The portion of paragraph 30(2)(a) of the Regulations before subparagraph (i) is replaced by the following: |
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(a) shall, in a licensed area, delete the programming service of a television station and substitute the programming service of a local television station or a regional television station or, with the agreement of the broadcaster operating the local television station or regional television station, have that broadcaster carry out the deletion and substitution, if |
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(2) The portion of paragraph 30(2)(c) of the Regulations before subparagraph (i) is replaced by the following: |
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(c) may, in a licensed area, delete the programming service of a television station and substitute the programming service of a specialty service if |
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(3) The portion of paragraph 30(3)(a) of the Regulations before subparagraph (i) is replaced by the following: |
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(a) shall, in a licensed area, delete the programming service of a television station and substitute the programming service of a privately owned local television station or, with the agreement of the broadcaster operating the privately owned local television station, have that broadcaster carry out the deletion and substitution, if |
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18. (1) The portion of subsection 32(1) of the Regulations before paragraph (a) is replaced by the following: |
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32. (1) Except as otherwise provided in this section or under a condition of its licence, a licensee shall distribute in each licensed area as part of its basic service |
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(2) Subsection 32(2) of the Regulations is replaced by the following: |
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(2) A licensee of a cable distribution undertaking shall distribute in each licensed area the programming services referred to in subsection (1) beginning with the basic band. |
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19. The portion of section 33 of the Regulations before paragraph (a) is replaced by the following: |
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33. Except as otherwise provided under a condition of its licence, a licensee may distribute in any licensed area |
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20. Section 33.1 of the Regulations is replaced by the following: |
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33.1 Except as otherwise provided under a condition of its licence, a licensee that delivers any programming service to any subscriber on a digital basis in a licensed area may distribute in the licensed area, but only on a digital basis, any Category 1 or Category 2 service. |
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21. Subsection 33.2(2) of the Regulations is replaced by the following: |
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(2) An independent licensee that does not deliver any programming service to any subscriber on a digital basis in a licensed area may distribute in that licensed area any Category 1 service on an analog basis. |
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22. (1) The portion of subsection 33.3(1) of the Regulations before paragraph (c) is replaced by the following: |
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33.3 (1) A licensee that has a nominal capacity of at least 550 MHz in a licensed area and that makes use of digital technology for the delivery of any programming service in the licensed area shall distribute in the licensed area |
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(a) at least one English-language Canadian specialty service for every 10 French-language programming services distributed by the licensee in the licensed area, if the licensee is operating in a francophone market within the meaning of paragraph 18(4)(a); |
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(b) at least one French-language Canadian specialty service for every 10 English-language programming services distributed by the licensee in the licensed area, if the licensee is operating in an anglophone market within the meaning of paragraph 18(4)(b); and |
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(2) Subsections 33.3(2) to (4) of the Regulations are replaced by the following: |
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(2) A licensee whose licensed area is totally interconnected with another licensed area shall distribute in the first-mentioned licensed area the same number of programming services in the language of the official language minority as are distributed in the licensed area with which it is interconnected, unless the licensee does not have the technological capacity to do so. |
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(2.1) A licensee whose licensed area is totally interconnected with another licensed area shall distribute in the first-mentioned licensed area the English- and French-language versions of the House of Commons programming service with the same distribution status as the licensed area with which it is interconnected, unless the licensee does not have the technological capacity to do so. |
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(3) For the purposes of paragraph (1)(a), any English-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes an English-language Canadian specialty service. |
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(4) For the purposes of paragraph (1)(b), any French-language programming service, other than a service that is required to be distributed in the licensed area pursuant to paragraph 9(1)(h) of the Act or section 17 of these Regulations, constitutes a French-language Canadian specialty service. |
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23. The portion of section 34 of the Regulations before paragraph (a) is replaced by the following: |
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34. Except as otherwise provided under a condition of its licence, a licensee may distribute in any licensed area |
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24. The heading before section 39 of the Regulations is replaced by the following: |
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Programming Services That May Be Distributed |
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25. Paragraph 46(b) of the Regulations is replaced by the following: |
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(b) the successor of a licensee referred to in paragraph (a), including a successor who holds a regional licence. |
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26. (1) The portion of subsection 47(1) of the Regulations before paragraph (b) is replaced by the following: |
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47. (1) Subject to subsection (3), this Part does not apply to a licensee referred to in paragraph 46(a) or (b), with respect to a licensed area, if |
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(a) the licensee sends to each of its subscribers in the licensed area a written notice that contains the information set out in Schedule 1; |
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(2) The portion of paragraph 47(3)(a) of the Regulations before subparagraph (i) is replaced by the following: |
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(a) suspend the application of subsection (1) or (2) in respect of the licensed area, pending further consideration of the licensee's proposal and |
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(3) Paragraph 47(3)(b) of the Regulations is replaced by the following: |
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(b) disallow the licensee's proposal to be removed from the obligations of this Part in respect of the licensed area either without a suspension under paragraph (a) or after such a suspension. |
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27. (1) The portion of section 50 of the Regulations before paragraph (b) is replaced by the following: |
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50. Subject to section 51, a licensee may increase the base portion of its basic monthly fee in respect of a licensed area if |
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(a) it sends to each of its subscribers in the licensed area a written notice that includes the relevant information set out in Schedule 2; |
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(2) Subparagraph 50(b)(ii) of the Regulations is replaced by the following: |
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(ii) a declaration that the notice has been or will be sent to each of its subscribers in the licensed area at least 90 days before the proposed effective date of the increase, and |
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28. (1) Subsection 52(1) of the Regulations is replaced by the following: |
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52. (1) For the purposes of subsection (2), a licensee, in respect of a licensed area, is considered to be operating in a francophone market if more than 50% of the total population of all cities, towns and municipalities encompassed in whole or in part within the licensed area has French as its mother tongue, according to the most recent population figures published by Statistics Canada. |
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(2) The portion of subsection 52(2) of the Regulations before paragraph (a) is replaced by the following: |
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(2) Subject to section 54, a licensee may increase its base portion in respect of a licensed area by a maximum of |
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(3) Subsection 52(3) of the Regulations is replaced by the following: |
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(3) If a licensee has increased its base portion under subsection (2) with respect to a specialty service and ceases to distribute that service as part of the basic service, the licensee shall decrease its base portion in respect of the licensed area by an amount equal to the amount of the increase. |
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29. Section 53 of the Regulations is replaced by the following: |
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53. (1) Subject to section 54, a licensee may increase its pass-through portion in respect of a licensed area if the increase does not exceed the amount of an increase that the Commission has, after September 1, 1986, authorized to be payable to the operator of a broadcasting undertaking. |
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(2) If a licensee has increased its pass-through portion under subsection (1) with respect to a programming service and ceases to distribute that service as part of the basic service, the licensee shall decrease its pass-through portion in respect of the licensed area by an amount equal to the amount of the increase. |
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(3) If a licensee has increased its pass-through portion under subsection (1) with respect to a programming service and the operator of the broadcasting undertaking charges the licensee less than the amount in the pass-through portion that reflects the amount payable to the operator of that undertaking for the service, the licensee shall decrease its pass-through portion in respect of the licensed area by an amount equal to the difference. |
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30. Paragraph 54(1)(a) of the Regulations is replaced by the following: |
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(a) it sends to each of its subscribers in the licensed area a written notice in the form set out in Schedule 3; |
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31. Schedules 1 to 3 to the Regulations are replaced by the following: |
| 1 SOR/97-555 | |
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SCHEDULE 1 |
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(Paragraph 47(1)(a)) |
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NOTICE TO SUBSCRIBERS |
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(Name of licensee) is proposing that its basic monthly fee in (name of licensed area) be deregulated, in accordance with subsection 47(1) of the Broadcasting Distribution Regulations. If a licensee meets the criteria set out in that subsection, its basic monthly fee in (name of licensed area) will no longer be regulated by the Canadian Radio-television and Telecommunications Commission under Part 5 of the Regulations unless the Commission intervenes to suspend or disallow the proposed deregulation. |
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The details of (name of licensee)'s justification for the proposed deregulation are set out in documents filed with the Commission, which are available for public inspection during normal business hours at (address of licensee) and at the offices of the CRTC, 1 Promenade du Portage, Gatineau, Quebec, and (address of nearest regional office). |
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SCHEDULE 2 |
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(Paragraph 50(a)) |
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NOTICE TO SUBSCRIBERS |
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(Name of licensee) is proposing to increase its basic monthly fee in (name of licensed area), in accordance with section 50 of the Broadcasting Distribution Regulations. That section permits a licensee to increase its basic monthly fee unless the Canadian Radio-television and Telecommunications Commission intervenes to disallow all or part of the increase. |
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The proposed amount and effective date of the increase are given below, in items 1 and 2. The reason for the proposed increase is given in item 3. |
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The details of (name of licensee)'s justification for the proposed increase are set out in documents filed with the Commission, which are available for public inspection during normal business hours at (address of licensee) and at the offices of the CRTC, 1 Promenade du Portage, Gatineau, Quebec, and (address of nearest regional office). You may express your comments on the proposed increase by writing to: |
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Secretary General |
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before (30 days after the date of sending of this notice). A copy of your letter must be sent to (name of licensee's representative, title, address). |
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Item 1: Proposed amount of increase per subscriber per month: $_________. |
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Your current basic monthly fee is $_________. |
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If the CRTC does not disallow this increase, your new basic monthly fee will be $_________. |
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Item 2: Effective date of the proposed increase: ____________. |
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Item 3: Reason for the proposed increase. (Provide a brief statement outlining the justification for the proposed increase and any other relevant information.) |
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SCHEDULE 3 |
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(Paragraph 54(1)(a)) |
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NOTICE TO SUBSCRIBERS |
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(Name of licensee) is proposing to increase its basic monthly fee in (name of licensed area), in accordance with section(s) (52, 53 or both) of the Broadcasting Distribution Regulations. That section permits a licensee to increase its basic monthly fee unless the Canadian Radio-television and Telecommunications Commission intervenes to disallow all or part of the increase. |
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The proposed amount and effective date of the increase are given below, in items 1 and 2. The reason for the proposed increase is given in item 3. |
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The details of (name of licensee)'s justification for the proposed increase are set out in documents filed with the Commission, which are available for public inspection during normal business hours at (address of licensee) and at the offices of the CRTC, 1 Promenade du Portage, Gatineau, Quebec, and (address of nearest regional office). You may express your comments on the proposed increase by writing to: |
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Secretary General |
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before (30 days after the date of sending of this notice). A copy of your letter must be sent to (name of licensee's representative, title, address). |
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Item 1: Proposed amount of increase per subscriber per month: $_________. |
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Your current basic monthly fee is $_________. |
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If the CRTC does not disallow this increase, your new basic monthly fee will be $_________. |
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Item 2: Effective date of the proposed increase:_________ . |
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Item 3: Reason for the proposed increase. (Provide a brief statement outlining the justification for the proposed increase and any other relevant information). |
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COMING INTO FORCE |
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32. These Regulations come into force on the day on which they are registered. |
Date Modified: 2002-12-23
- Date modified: