Broadcasting Order CRTC 2013-374
Ottawa, 8 August 2013
Distribution of the programming service of TV5 Québec Canada known as TV5/UNIS by licensed broadcasting distribution undertakings
Pursuant to section 9(1)(h) of the Broadcasting Act, the Commission orders licensees of broadcasting distribution undertakings to distribute the programming service of TV5 Québec Canada known as TV5/UNIS as part of any digital basic service on the following terms and conditions:
(a) This order applies to all licensed distribution undertakings, including terrestrial and DTH distribution undertakings. These licensees are collectively referred to in this order as distribution licensees.
(b) This order will only come into effect and be binding on the later of 1 January 2014 or 60 days following prior notice by the licensee of TV5/UNIS demonstrating to the Commission’s satisfaction that the following conditions will be met:
- UNIS is prepared to commence operations;
- three regional offices in official language minority communities (OLMCs) will be opened and a consultative committee that includes OLMC representatives will be created; and
- the licensee will devote at least 50% of the programming broadcast during the broadcast day and the evening broadcast period from 6 p.m. to midnight by TV5 and UNIS combined to Canadian programming.
(c) Subject to paragraph (f), this order will remain in effect as long as the conditions set out in paragraph (b) above are met.
(d) Notwithstanding the foregoing, distribution licensees shall not be required to distribute the TV5/UNIS programming service pursuant to this order unless the licensee or a third party:
(i) ensures the transmission of the service to each broadcasting distribution undertaking’s head end located within the area for which it is licensed or to a satellite uplink centre located within that area; and
(ii) bears the costs of the transmission.
(e) Each distribution licensee distributing the programming service shall remit to the licensee of the programming service a wholesale rate of $0.24 per subscriber per month where the service is carried as part of the basic service in an anglophone market and $0.28 per subscriber per month where the service is carried as part of the basic service in a francophone market.
(f) Distribution licensees are authorized to increase the basic monthly fee to be paid by their subscribers by no more than the amount required under this order for the distribution of the service.
(g) This order shall remain in effect until 31 August 2018.
For the purposes of this order, “anglophone market,” “basic service,” “DTH distribution undertaking,” “francophone market,” “licensed,” “programming service” and “terrestrial distribution undertaking” shall have the same meanings as set out in the Broadcasting Distribution Regulations, as amended from time to time. “Broadcast day” shall have the same meaning as set out in the Television Broadcasting Regulations, 1987, as amended from time to time.
Secretary General
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