Broadcasting Distribution Regulations

1 The definitions in this section apply in these Regulations.

Act

Act means the Broadcasting Act. (Loi)

AM station

AM station means a station that broadcasts in the AM frequency band of 525 to 1 705 kHz. It does not include a carrier current undertaking or a transmitter that only rebroadcasts the radiocommunications of another station. (station AM)

available channel

available channel means any unrestricted channel of a distribution undertaking in a licensed area, other than a channel on which is distributed

• (a) the programming service of a licensed programming undertaking other than a video-on-demand programming undertaking;

• (b) community programming;

• (c) the House of Commons programming service; or

• (d) a programming service consisting of the proceedings of the legislature of the province in which the licensed area is located. (canal disponible)

basic band

basic band means the 12 analog cable channels that are commonly identified by the numbers 2 to 13 and that are used in the frequency bands 54 to 72 MHz, 76 to 88 MHz and 174 to 216 MHz. (bande de base)

basic monthly fee

basic monthly fee means the total amount that a licensee is authorized to charge to a subscriber on a monthly basis for provision of the basic service to an outlet to which a television receiver, FM receiver, channel converter or other terminal device may be connected in the subscriber’s residence or premises. It does not include federal or provincial taxes. (tarif mensuel de base)

basic service

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)

broadcast week

broadcast week means a period of seven consecutive days beginning on a Sunday. (semaine de radiodiffusion)

broadcast year

broadcast year means the period beginning on September 1 in a calendar year and ending on August 31 of the following calendar year. (année de radiodiffusion)

cable distribution undertaking

cable distribution undertaking means an undertaking that distributes broadcasting to subscribers predominantly over closed transmission paths. (entreprise de distribution par câble)

Canadian production fund

Canadian production fund means the Canada Television and Cable Production Fund, or its successor. (fonds de production canadien)

Canadian programming service

Canadian programming service means

• (a) a programming service that originates entirely within Canada or is transmitted by a licensed station;

• (b) a programming service consisting of community programming;

• (c) a specialty service;

• (d) a pay television service;

• (e) a television pay-per-view service;

• (f) a DTH pay-per-view service;

• (g) a video-on-demand service; or

• (h) a pay audio service. (service de programmation canadien)

Category 1 service

Category 1 service means a Canadian programming service designated as such by the Commission. (service de catégorie 1)

Category 2 service

Category 2 service means a Canadian programming service designated as such by the Commission. (service de catégorie 2)

channel

channel includes a digital channel. (canal)

Class 1 licensee

Class 1 licensee means the holder of a Class 1 licence or a Class 1 regional licence. (titulaire de classe 1)

Class 2 licensee

Class 2 licensee means

• (a) the holder of a Class 2 licence or a Class 2 regional licence issued on or after the coming into force of these Regulations; or

• (b) for the remainder of the term of a licence issued before the coming into force of these Regulations, the holder of a Class 2 licence that carried on an undertaking that had 2,000 or more subscribers immediately before the coming into force of these Regulations. (titulaire de classe 2)

Class 3 licensee

Class 3 licensee means

• (a) the holder of a Class 3 licence or a Class 3 regional licence issued on or after the coming into force of these Regulations; or

• (b) for the remainder of the term of a licence issued before the coming into force of these Regulations,

  • (i) the holder of a Class 2 licence that carried on an undertaking that had fewer than 2,000 subscribers immediately before the coming into force of these Regulations, or

  • (ii) a licensee that, immediately before the coming into force of these Regulations, was a Part III licensee within the meaning of section 2 of the Cable Television Regulations, 1986. (titulaire de classe 3)

clock hour

clock hour means a period of 60 minutes beginning on each hour and ending immediately before the next hour. (heure d’horloge)

commercial message

commercial message means an advertisement that is intended to sell or promote goods, a service or an activity, directly or indirectly, or an announcement that mentions or displays in a list of prizes the name of the person selling or promoting those goods or that service or activity. (message publicitaire)

community access television programming

community access television programming means programming produced by an individual, group or community television corporation residing within the licensed area of a cable distribution undertaking. (programmation d’accès à la télévision communautaire)

community-based digital undertaking

community-based digital undertaking means a programming undertaking whose service is distributed on a digital basis and that is licensed as a community-based digital undertaking. (entreprise communautaire numérique)

community-based low-power television station

community-based low-power television station means an analog or digital over-the-air programming undertaking that is licensed as a community-based low-power television station. (station de télévision communautaire de faible puissance)

community channel

community channel means the channel of a distribution undertaking that is used by a licensee or by a community programming undertaking for the distribution of community programming within a licensed area of the distribution undertaking. (canal communautaire)

community programming

community programming means, in relation to a licensed area, programming that is produced

• (a) by the licensee in the licensed area or by members of the community served in the licensed area;

• (b) by the licensee in another licensed area or by the members of the community served in that other licensed area and that is relevant to the community referred to in paragraph (a);

• (c) by another licensee in a licensed area or by the members of the community served in that licensed area and that is relevant to the community referred to in paragraph (a); or

• (d) by a person licensed to operate a network for the purpose of producing community programming for distribution by the licensee on a community channel.

This definition includes community access television programming and local community television programming. (programmation communautaire)

community programming undertaking

community programming undertaking means a television programming undertaking operated by a not-for-profit organization that is licensed to operate a community channel. (entreprise de programmation communautaire)

community television corporation

community television corporation means a not-for-profit corporation that resides within a licensed area, that is incorporated by or under the laws of Canada or of a province and of which

• (a) the primary activity is to produce local community television programming or to operate a community channel that is reflective of the community it represents;

• (b) board members are drawn from the community; and

• (c) all board members are entitled to participate and vote at an annual meeting. (société de télévision communautaire)

comparable

comparable, in respect of two or more programming services, means that not less than 95% of the video and audio components of those programming services, exclusive of commercial messages and of any part of the services carried on a subsidiary signal, are the same. (comparable)

customer

customer means a person who is liable for payment for programming services that are distributed by a licensee and that are received directly or indirectly by one or more subscribers. It does not include the owner or operator of a hotel, hospital, nursing home or other commercial or institutional premises. (client)

demarcation point

demarcation point, in respect of the wire that is used by a distribution undertaking for the distribution of programming services to a subscriber, means

• (a) if the subscriber resides in a single-unit dwelling,

  • (i) 30 cm outside the exterior wall of the subscriber’s premises, or

  • (ii) any point to which the licensee and the customer have agreed; and

• (b) if the subscriber resides in a multiple-unit dwelling,

  • (i) the point inside the dwelling at which the wire is diverted to the exclusive use and benefit of that subscriber, or

  • (ii) any point to which the licensee and the customer have agreed. (point de démarcation)

digital radio station

digital radio station means a station that broadcasts in the frequency band of 1 452 to 1 492 MHz (L-Band) using a digital transmission system. (station de radio numérique)

digital service area

digital service area means a service area marked for a licensed digital radio station on the map that pertains to that station and that is most recently published under the Department of Industry Act by the Minister of Industry. (zone de desserte numérique)

discretionary service

discretionary service means a programming service that is not included in the basic service and that is distributed to subscribers on a discretionary basis for a fee separate from and in addition to the fee charged for the basic service. (service facultatif)

distant television station

distant television station means a licensed television station that is not a local television station, regional television station or extra-regional television station. (station de télévision éloignée)

DTH distribution undertaking

DTH distribution undertaking means a direct-to-home (DTH) satellite distribution undertaking. (entreprise de distribution par SRD)

DTH eligible satellite service

DTH eligible satellite service means a programming service included in Appendix C of the Commission’s Revised Lists of Eligible Satellite Services, as amended from time to time. (service par satellite admissible distribué par SRD)

DTH pay-per-view service

DTH pay-per-view service means the pay-per-view service provided by a person licensed to carry on a direct-to-home pay-per-view television programming undertaking. (service à la carte par SRD)

educational authority

educational authority means a body that is

• (a) an independent corporation, within the meaning of section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences); or

• (b) a provincial authority, within the meaning of section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (autorité éducative)

educational radio programming service

educational radio programming service means a radio programming service that provides the programming described in the definition of independent corporation in section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (service de programmation de radio éducative)

educational television programming service

educational television programming service means a television programming service that provides the programming described in the definition of independent corporation in section 2 of the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences). (service de programmation de télévision éducative)

election period

election period means

• (a) in the case of a federal or provincial election or of a federal, provincial or municipal referendum, the period beginning on the date of the announcement of the election or referendum and ending on the date of the election or referendum; or

• (b) in the case of a municipal election, the period beginning two months before the date of the election and ending on the date of the election. (période électorale)

emergency alert message

emergency alert message[Repealed, SOR/2007-164, s. 1]

ethnic station

ethnic station means a station that is licensed as an ethnic station. (station à caractère ethnique)

exempt programming undertaking

exempt programming undertaking means a programming undertaking the operator of which is exempted from any or all of the requirements of Part II of the Act in an order made by the Commission under subsection 9(4) of the Act. (entreprise de programmation exemptée)

extra-regional television station

extra-regional television station means, in relation to a licensed area of a distribution undertaking, a licensed television station that has

• (a) a Grade A official contour or Grade B official contour that does not include any part of the licensed area; and

• (b) a Grade B official contour that includes any point located 32 km or less from the local head end of the licensed area. (station de télévision extra-régionale)

FM station

FM station means a station that broadcasts in the FM frequency band of 88 to 108 MHz. It does not include a carrier current undertaking or a transmitter that only rebroadcasts the radiocommunications of another station. (station FM)

House of Commons programming service

House of Commons programming service means the programming service of an undertaking required by the Commission to cover the entire proceedings of the House of Commons. (service de programmation de la Chambre des communes)

independent production fund

independent production fund means a production fund, other than the Canadian production fund, that meets the criteria listed in the Commission’s Public Notice entitled Contributions to Canadian Programming by Broadcasting Distribution Undertakings, as amended from time to time. (fonds de production indépendant)

inside wire

inside wire means the wire that is used by a distribution undertaking for the distribution of programming services that extends from the demarcation point to one or more terminal devices inside a subscriber’s residence or premises. It includes the outlets, splitters and faceplates that are attached or connected to the wire but does not include a secured enclosure that is used to house the wire and that is attached to the exterior wall of a subscriber’s premises, an amplifier, a channel converter, a decoder or a remote control unit. (câblage intérieur)

licence

licence means a licence issued by the Commission to carry on a distribution undertaking. (licence)

licensed

licensed means licensed by the Commission under paragraph 9(1)(b) of the Act. (autorisé)

licensed area

licensed area means an area for which a licensee has been licensed to carry on a distribution undertaking. (zone de desserte autorisée)

licensee

licensee means a person who is authorized by a licence or a regional licence to carry on one or more distribution undertakings. (titulaire)

local AM station

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)

local community television programming

local community television programming means, in relation to a licensed area, programming that is reflective of the community served in the licensed area and that is produced

• (a) by the licensee in the licensed area, by the members of the community served in the licensed area or by a community television corporation residing in the licensed area; or

• (b) by another licensee in a licensed area within the same municipality as the licensee referred to in paragraph (a), by the members of the community served in that licensed area or by a community television corporation residing within that licensed area. (programmation locale de télévision communautaire)

local digital radio station

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)

local FM station

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)

local head end

local head end, in respect of

• (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

• (b) a radiocommunication distribution undertaking, means the licensee’s transmitter site. (tête de ligne locale)

local radio station

local radio station means a local AM station, a local FM station or a local digital radio station. (station de radio locale)

local television station

local television station, in relation to a licensed area of a distribution undertaking, means a licensed television station that

• (a) has a Grade A official contour that includes any part of the licensed area; or

• (b) has, if there is no Grade A official contour, a transmitting antenna that is located within 15 km of the licensed area. (station de télévision locale)

non-Canadian television station

non-Canadian television station means a television station that has a transmitter site located outside Canada. (station de télévision non canadienne)

official contour

official contour means a service contour marked for a licensed television station, licensed AM station or licensed FM station on the map most recently published under the Department of Industry Act by the Minister of Industry and that pertains to that station. (périmètre de rayonnement officiel)

Part 2 eligible satellite service

Part 2 eligible satellite service means a programming service included in Appendix A of the Commission’s Revised Lists of Eligible Satellite Services, as amended from time to time. (service par satellite admissible en vertu de la partie 2)

Part 3 eligible satellite service

Part 3 eligible satellite service means a programming service included in Appendix B of the Commission’s Revised Lists of Eligible Satellite Services, as amended from time to time. (service par satellite admissible en vertu de la partie 3)

pay audio service

pay audio service means the programming service provided by a person licensed to carry on a pay audio programming undertaking. (service sonore payant)

pay-per-view service

pay-per-view service means a scheduled programming service that is provided to subscribers on a pay-per-view basis. (service à la carte)

pay television service

pay television service means the programming service, other than the pay-per-view service, provided by a person licensed to carry on a pay television programming undertaking. (service de télévision payante)

programming service

programming service means a program that is distributed by a licensee. (service de programmation)

public affairs programming service

public affairs programming service means the programming service of a person licensed to carry on a programming undertaking of which 100% of the programming provided represents categories 3 (reporting and actualities) and 12 (filler programming), as referred to in column I of item 6 of Schedule I to the Specialty Services Regulations, 1990. (service de programmation d’affaires publiques)

radiocommunication distribution undertaking

radiocommunication distribution undertaking means a distribution undertaking, other than a DTH distribution undertaking, that distributes programming services predominantly by means of radio waves. (entreprise de distribution de radiocommunication)

regional licence

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)

regional television station

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)

relay distribution undertaking

relay distribution undertaking means a distribution undertaking that receives the programming services of radio or television programming undertakings and distributes them only to one or more other distribution undertakings. (entreprise de distribution par relais)

restricted channel

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

• (a) a local television station or a local FM station; or

• (b) a television station or an FM station that has a transmitter site located outside Canada within 60 km of any part of the licensed area. (canal à usage limité)

service area

service area means an area for which a community-based digital undertaking or a community-based low-power television station has been licensed. (zone de service)

specialty audio service

specialty audio service means a programming service provided by a person licensed to carry on a specialty audio programming undertaking. (service sonore spécialisé)

specialty service

specialty service means the programming service provided by a person licensed to carry on a specialty programming undertaking. (service spécialisé)

station

station means a radio or television programming undertaking, or a radiocommunication distribution undertaking that rebroadcasts the programming service of a radio or television programming undertaking and whose signal is not encrypted and for which no fee is payable to a third party for the undertaking’s right to distribute the signal. (station)

subscriber

subscriber means

• (a) a household of one or more persons, whether occupying a single-unit dwelling or a unit in a multiple-unit dwelling, to which service is provided directly or indirectly by a licensee; or

• (b) the owner or operator of a hotel, hospital, nursing home or other commercial or institutional premises to which service is provided by a licensee. (abonné)

subscription television system

subscription television system means an undertaking that distributes encrypted programming services by low-power transmitters using the conventional VHF or UHF television bands. (système de télévision par abonnement)

television pay-per-view service

television pay-per-view service means the pay-per-view service provided by a person licensed to carry on a pay television programming undertaking. (service de télévision à la carte)

unserved community

unserved community means the licensed area of a distribution undertaking where there is no local radio station and no local television station. (collectivité non desservie)

video-on-demand service

video-on-demand service means the programming service provided by a person licensed to carry on a video-on-demand programming undertaking. (service de vidéo sur demande)