ARCHIVED - Broadcasting Public Notice CRTC 2005-94

·1 from the date of service launch (planned for December 2005), a minimum of four of the eight Canadian programming channels to be provided by CSR will be French language programming channels;

·2 from the date of service launch, a minimum of two of the four French language programming channels offered by CSR will be musical programming channels;

·3 if, during the thirty six (36) month period following service launch CSR is able to add additional Canadian programming channels, it will honour the principle of equality of linguistic service in respect of any additional Canadian programming channels it is able to offer;

·4 if within that thirty six (36) month period from the date of service launch CSR has exceeded by 25% or more its subscriber projections, as filed in its licensing application, but has been unable to introduce in that period at least two additional Canadian programming channels (i.e., one English language, one French language), CSR will commit from that date forward to provide 6% of its gross service revenues (rather than 5%) to the support of Canadian Talent Development ("CTD") initiatives. Such additional funding for CTD initiatives shall be divided equally between French and English language CTD initiatives.

·5 CSR will work closely with the relevant Canadian agencies in the field of emergency preparedness, and will be an active participant in Canada's Public Safety and Emergency Preparedness programs.

The licensee will, from the date of launch of the service:

·1 carry a minimum of four (of the eight Canadian programming channels) French language programming channels;

·2 carry a minimum of three (of the four French language Canadian programming channels) French language music channels; and

·3 work closely with the relevant Government agencies to participate in Canada's Public Safety and Emergency Preparedness initiative.

If, during the three years following launch, Sirius Canada

·1 is able to increase the initial offering to ten original Canadian channels, then those two channels will also maintain the principle of equality, with one being in French and the other being in English;

·2 exceeds the subscriber projections that it filed with the CRTC by 25%, it will either add two additional original Canadian channels (one in French, one in English), or, (in the event it is unable to provide those two additional channels), to commit a further 1% of revenue towards CTD. That further 1% of revenue would also be divided equally between French language and English language CTD initiatives.

"1. The licensee shall distribute 50 audio channels, all of which must be produced in Canada."

"A maximum of one non-Canadian audio channel may be packaged or linked with each Canadian-produced audio channel. In no case may subscribers to the licensee's service be offered a package of audio channels in which foreign-produced channels predominate. The licensee must provide the Commission, upon request, with a complete list of all non-Canadian audio channels distributed on its service."

"3. A maximum of 10% of the programming distributed each week on a French-language or English-language channel may consist of programming that was originally broadcast on licensed A.M. or F.M. stations."

"A maximum of 50% of the programming distributed each week on any of the licensee's Canadian-produced audio channels may consist of programming that was originally broadcast on licensed A.M. or F.M. stations.

4. (1) For the purposes of this condition, "ethnic programming period" means that portion of a broadcast week during which a licensee broadcasts ethnic programs.

(2) For the purposes of this condition, "Canadian selection" means a musical selection
(a) that meets at least two of the following conditions, namely,
(i) the music is or lyrics are performed principally by a Canadian,
(ii) the music is composed entirely by a Canadian,
(iii) the lyrics are written entirely by a Canadian,
(iv) the musical selection consists of a live performance that is

(A) recorded wholly in Canada, or
(B) performed wholly in and broadcast live in Canada, and

(v) the musical selection was performed live or recorded after September 1, 1991, and a Canadian who has collaborated with a non-Canadian receives at least fifty per cent of the credit as composer and lyricist according to the records of a recognized performing rights society;

(b) that is an instrumental performance of a musical composition that meets the conditions set out in subparagraph (a)(ii) or (iii);

(c) that is a performance of a musical composition that a Canadian has composed for instruments only; or

(d) that has already qualified as a Canadian selection under regulations previously in effect.

(3) The licensee shall, in a broadcast week, devote 10% or more of its musical selections from content category 3 broadcast on each channel to Canadian selections and schedule them in a reasonable manner throughout each broadcast day.

(4) Where 7 % or more of the musical selections broadcast by the licensee on any channel during an ethnic programming period are Canadian selections and are scheduled in a reasonable manner throughout that period, condition of licence 4(6) shall apply only in respect of those musical selections that are broadcast on that channel during that part of the broadcast week that is not devoted to ethnic programs.

(5) The licensee may on any channel in a broadcast week, reduce the percentage of its Canadian musical selections from content category 2 referred to in condition of licence 4(6) to

(a) not less than 20% if, in that broadcast week, the licensee devotes 35% or more but less than 50% of all its musical selections to instrumental selections; and

(b) not less than 15% if, in that broadcast week, the licensee devotes 50% or more of all its musical selections to instrumental selections.

(6) The licensee shall, on each channel, in a broadcast week, devote 35% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety and schedule them in a reasonable manner throughout each broadcast day.

(7) For the purpose of this condition of licence, a montage is deemed to be a Canadian selection broadcast in its entirety if

(a) the total duration of the excerpts of Canadian selections from content category 2 is greater than 50% of the total duration of the montage; and

(b) the total duration of the montage is four minutes or more.

(8) The licensee shall, as an exception to the percentage of Canadian musical selections set out in condition of licence 4(6) above, on a channel where at least 90% of the musical selections from content category 2 that it broadcasts are selections released before 1 January 1981:

·1 in that broadcast week, devote 30% or more of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

For purposes of this condition, the licensee will also be responsible for specifying, on the music lists it provides to the Commission, the year of release for all musical selections it broadcasts.

"A minimum of 35% of the musical selections broadcast each week on the licensee's Canadian-produced audio channels, considered together, must be Canadian."

8. The licensee shall not broadcast any commercial messages.

"The licensee shall broadcast no more than six minutes of national commercial messages during any clock hour on any Canadian-produced channel. For purposes of this condition of licence a "national commercial message" is a commercial message that is purchased at a national rate and receives national distribution on the service."

"The licensee shall adhere to the provisions of the CAB's Broadcast Code
for Advertising to Children, as amended from time to time and approved by the Commission."

"In addition to the requirements in Condition of Licence No. 9, the licensee shall, for any non-Canadian-produced channel that may be identified by the Commission from time to time, adhere to the provisions of sections 8(5) and (6) of the Radio Regulations, 1986."

"For any non-Canadian produced channel, the licensee shall, at the request of the Commission, submit for any period specified by the Commission in its request, the following information for each musical selection broadcast:

(i) the name of the artist;

(ii) the name of the album from which the musical selection is taken and the number of the track;

(iii) the year that the musical selection was released; and

(iv) the version of the track, where multiple versions exist.

F. The licensee also proposes that condition of licence number 11 become condition of licence number 13, and be revised with the addition of the term "Canadian musical selection", as follows:

13. For the purposes of all of the conditions of licence set out above, the terms "A.M. station," "broadcast day," "broadcast week," "Canadian musical selection," "commercial message," "content category," "content subcategory," "ethnic program," "F.M. station," "licensed," "montage," and "musical selection," shall have the meaning set out in section 1 of the Radio Regulations, 1986. All times shall be determined according to the Eastern time zone.