Broadcasting Order CRTC 2015-439

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References: 2015-438 and 2015-97

Ottawa, 24 September 2015

Distribution of the programming of licensed programming undertakings by broadcasting distribution undertakings

Pursuant to section 9(1)(h) of the Broadcasting Act (the Act), the Commission orders licensees of broadcasting distribution undertakings to distribute the programming of licensed programming undertakings, on the following terms and conditions:

  1. This order applies to all licensed distribution undertakings, including terrestrial and direct-to-home distribution undertakings. These licensees are collectively referred to in this order as “distribution licensees.”
  2. Effective 22 January 2016:
    1. Each distribution licensee shall abide by the Wholesale Code in its dealings with any licensed or exempt programming undertaking.
    2. Each distribution licensee may only distribute a licensed programming undertaking if:
      1. the licensed programming undertaking has entered into an affiliation agreement with the distribution licensee that complies with the Wholesale Code and that includes a clause requiring the licensed programming undertaking to abide by the provisions of the Wholesale Code; or
      2. the licensed programming undertaking is subject to a condition of licence that requires it to abide by the Wholesale Code.

For the purposes of this order, “direct-to-home distribution undertaking,” “licensed,” “licensee,” and “terrestrial distribution undertaking” shall have the same meanings as set out in the Broadcasting Distribution Regulations, as amended from time to time. “Programming undertaking” means a programming undertaking as defined in the Act, with the exception of radio programming undertakings, a station operator or a network operator. “Wholesale Code” means the Wholesale Code set out in the appendix to The Wholesale Code, Broadcasting Regulatory Policy CRTC 2015-438, 24 September 2015.

Secretary General

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