Vol. 147, No. 48 — November 30, 2013

COPYRIGHT BOARD

FILE: Retransmission 2009-2013

Statements of Royalties to Be Collected for the Retransmission of Distant Television and Radio Signals, in Canada, for the years 2009 to 2013

In accordance with subsection 73(3) of the Copyright Act, the Copyright Board has certified and hereby publishes the statements of royalties to be collected for the retransmission of distant television and radio signals, in Canada, for the years 2009 to 2013.

Ottawa, November 30, 2013

GILLES MCDOUGALL
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
gilles.mcdougall@cb-cda.gc.ca (email)

STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT TELEVISION SIGNALS, IN CANADA, FOR THE YEARS 2009 TO 2013

Short Title

1. This tariff may be cited as the Television Retransmission Tariff, 2009-2013.

Definitions

2. In this tariff,

“CRTC” means the Canadian Radio-television and Telecommunications Commission; (« CRTC »)

“distant signal” has the meaning attributed to it in subsection 2(2) of the Local Signal and Distant Signal Regulations, SOR/89-254, as amended by SOR/2004-33, which reads:

“For the purposes of subsection 31(2) of the Copyright Act, ‘distant signal’ means a signal that is not a local signal.”; (« signal éloigné »)

“DTH” means a direct-to-home satellite system; (« SRD »)

“local signal” has the meaning attributed to it in subsection 2(1) of the Local Signal and Distant Signal Regulations, and corresponds to a signal received in premises located within a terrestrial television station’s area of transmission (as defined in section 1 of the Regulations); (« signal local »)

“LPTV” means a Low Power Television Station or a Very Low Power Television Station (as defined in sections E and G of Part ⅠV of the Broadcasting Procedures and Rules of Industry Canada effective April 1997); (« TVFP »)

“MDS” means a multichannel multipoint distribution system; (« SDM »)

“network” means the Société Radio-Canada, the Canadian Broadcasting Corporation, the CTV Television Network, the Réseau de télévision TVA, the V Television Network, the Global Television Network, the ABC Network, the CBS Network, the NBC Network, the FOX Network, or the Public Broadcasting System; (« réseau »)

“premises” has the meaning attributed to it in section 2 of the Definition of “Small Retransmission Systems” Regulations, SOR/89-255, as amended by SOR/94-754 and SOR/2005-147, which reads:

“‘premises’ means

  • (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence; or

  • (b) a room in a commercial or institutional building.”; (« local »)

“retransmitter” has the meaning attributed to it in section 31 of the Copyright Act, R.S., 1985, c. C-42 as amended, and includes a person who operates a cable retransmission system (including a master antenna system), a LPTV, a MDS or a DTH; (« retransmetteur »)

“service area” has the meaning attributed to it in section 2 of the Definition of “Small Retransmission Systems” Regulations, which reads:

“‘service area’ means an area in which premises served in accordance with the laws and regulations of Canada by a retransmission system are located.”; (« zone de service »)

“signal” has the meaning attributed to it in subsection 31(1) of the Copyright Act, which reads:

“‘signal’ means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station.”,

but, for the purposes of this tariff, this meaning is restricted to a television signal only; (« signal »)

“small retransmission system” means a small retransmission system as defined in sections 3 and 4 of the Definition of “Small Retransmission Systems” Regulations, which read:

“3. (1) Subject to subsections (2) to (4) and section 4, ‘small retransmission system’ means a cable retransmission system, or a terrestrial retransmission system utilizing Hertzian waves, that retransmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable retransmission system is included in the same unit as one or more other cable retransmission systems, the number of premises to which the cable retransmission system retransmits a signal is deemed to be equal to the total number of premises to which all cable retransmission systems included in that unit retransmit a signal.

(3) For the purpose of subsection (2), a cable retransmission system is included in the same unit as one or more other cable retransmission systems where

  • (a) they are owned or directly or indirectly controlled by the same person or group of persons; and

  • (b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for that distance.

(4) Subsection (2) does not apply to a cable retransmission system that was included in a unit on December 31, 1993.

4. The definition set out in subsection 3(1) does not include a cable retransmission system that is a master antenna system if it is located within the service area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that service area.”; (« petit système de retransmission »)

“year” means a calendar year. (« année »)

Application

3. This tariff applies to the retransmission of one or more distant signals that carry any work owned or controlled by any collective society listed in Appendix A.

THE TARIFF

Small Retransmission Systems

4. (1) The royalty for a small retransmission system shall be $100 a year and shall be due

  • (a) for systems retransmitting a distant signal on December 31 of the previous year, on January 31 of that year; and

  • (b) for all other systems, on the last day of the month after the month in which a distant signal is first retransmitted in that year.

(2) A system shall be deemed to be a small retransmission system for a given year if

  • (a) on December 31 of the previous year, the system retransmitted a distant signal and was a small retransmission system;

  • (b) the system did not retransmit a distant signal on December 31 of the previous year and is a small retransmission system on the last day of the month in which it first retransmits a distant signal in the year; or

  • (c) the average number of premises, determined in accordance with the Definition of “Small Retransmission Systems” Regulations, the system served or was deemed to serve on the last day of each month of the previous year during which it retransmitted a distant signal was no more than 2,000.

(3) For the purposes of paragraph (2)(c), where a system was included in a unit on December 31 of the previous year and not on December 31, 1993, only those months during which the systems included in the unit were the same as on December 31 of the previous year shall be used.

Unscrambled LPTVs and Unscrambled MDSs

5. The royalty for a LPTV or MDS whose signals are not scrambled shall be $100 a year and shall be due

  • (a) for systems retransmitting a distant signal on December 31 of the previous year, on January 31 of that year; and

  • (b) for all other systems, on the last day of the month after the month in which a distant signal is first retransmitted in that year.

Other Retransmission Systems

6. (1) The royalty for any other retransmission system shall be payable monthly for each premises receiving one or more distant signals retransmitted by it on the last day of any given month, and shall be due on the last day of the following month.

(2) Subject to subsection (3), the rate of the royalty payable under subsection (1) shall be based on the total number of premises served by the system in its service area on the last day of any given month.

(3) The rate of the royalty payable for a cable retransmission system (including a master antenna system) located within the service area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in its service area shall be the greater of the rate applicable to the system paying the royalties or the rate applicable to the other cable retransmission system.

Unauthorized Reception of Retransmitted Signals

7. In determining the amount of royalties payable by a retransmitter, no account shall be taken of premises receiving a signal without the direct or indirect authority of the retransmitter.

Rates

8. Royalties payable under section 6 shall be calculated as follows:

Number of premises

Monthly rate for each premises receiving one or more distant signals (cents)

2009

2010

2011

2012

2013

up to 1,500

37

38

39

40

41

1,501–2,000

42

43

44

45

46

2,001–2,500

48

49

50

51

52

2,501–3,000

53

54

55

56

58

3,001–3,500

58

60

61

62

63

3,501–4,000

64

65

66

68

69

4,001–4,500

69

70

72

73

75

4,501–5,000

74

76

77

79

81

5,001–5,500

79

81

83

85

86

5,501–6,000

85

87

88

90

92

6,001 and over

90

92

94

96

98

Francophone Markets

9. (1) Subject to subsection (3), royalties payable under section 6 for a cable retransmission system located in a Francophone market or for premises receiving scrambled signals from a MDS located in a Francophone market shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under section 8.

(2) A cable retransmission system or MDS is deemed to be located in a Francophone market if

  • (a) the system is located in the Province of Quebec;

  • (b) the system’s service area encompasses, in whole or in part, the cities, towns or municipalities of

    • (i) Bathurst, Campbellton, Dalhousie, Edmundston, Kedgwick or Shediac, New Brunswick,
    • (ii) Cochrane, Fauquier-Strickland, Hawkesbury, Hearst, Hornepayne, Kapuskasing, Mattice-Val Côté, Opasatika or Smooth Rock Falls, Ontario, or
    • (iii) Gravelbourg, Saskatchewan; or
  • (c) the population of French mother tongue represents more than 50 per cent of the total population of all cities, towns or municipalities, encompassed in whole or in part of the system’s service area, according to the most recent population figures published by Statistics Canada.

(3) Subsection (1) does not apply to premises which receive an English-language signal or service, other than a pay-per-view or video-on-demand service, that is provided on a stand-alone basis or in a package that includes only English-language signals or services.

(4) Royalties payable under section 6 for a DTH in respect of premises which receive a French-language basic service shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under section 8, unless the premises also receive

  • (a) signals or services offered in the English-language basic service that are not included in the French-language basic service; or

  • (b) a basic service intended for bilingual subscribers.

When a Signal Is Partially Distant

10. A signal that is distant in part of the area covered by a postal code shall be deemed to be distant for half the premises served in that area.

Discount for TVA Signal

11. The royalty payable under section 6 for premises receiving only a TVA distant signal shall be reduced by 95 per cent if

  • (a) the signal is retransmitted to comply with CRTC Distribution Order 1999-1, dated February 12, 1999; and

  • (b) the system is not located in a Francophone market.

Discount for “Duplicate” Network Distant Signal

12. (1) Subject to subsection (2), the royalty payable under sections 6 or 9 for premises receiving only distant signals which are the signals of stations owned by or affiliated solely with a network that owns or has an exclusive affiliation agreement with a station whose signal is local, shall be reduced

  • (a) by 75 per cent for premises receiving only one such signal; or

  • (b) by 50 per cent for premises receiving two or more such signals.

(2) The royalty payable under section 6 for premises which receive, in addition to signals mentioned in paragraph (1), a TVA distant signal in respect of which a system would otherwise be entitled to a discount pursuant to section 11 shall be reduced

  • (a) by 70 per cent for premises receiving only one duplicate network distant signal; or

  • (b) by 45 per cent for premises receiving two or more duplicate network distant signals.

Discount for Certain Non-Residential Premises

13. The royalty payable for the following types of premises shall be reduced as follows:

  • (a) rooms in hospitals, nursing homes and other health care facilities: by 75 per cent;

  • (b) rooms in hotels: by 40 per cent; and

  • (c) rooms in schools and other educational institutions: by 75 per cent.

Allocation of the Retransmission Royalty

14. A retransmitter shall pay to the collective societies the following portions of the royalty:

BBI       0.96 per cent

CBRA    13.50 per cent

CCC      53.38 per cent

CRC      14.85 per cent

CRRA     9.76 per cent

DRTVC   0.70 per cent

FWS      3.25 per cent

MLB      0.80 per cent

SOCAN  2.80 per cent

ADMINISTRATIVE PROVISIONS

Reporting Requirements: General

15. Subject to sections 16 to 22, every retransmitter shall provide each collective society with the following information in respect of each retransmission system it operates:

  • (a) the name of the retransmitter, that is,

    • (i) the name of a corporation and a mention of its jurisdiction of incorporation,

    • (ii) the name of the proprietor of an individual proprietorship, or

    • (iii) the names of the principal officers of all other retransmitters,

  • together with any trade name (other than the above) under which it carries on business;

  • (b) the address of the retransmitter’s principal place of business;

  • (c) the retransmitter’s address (including any fax number and email address) for the purposes of notice;

  • (d) the name and address of any other retransmitter who receives a distant signal from the retransmitter, and the list of all signals retransmitted to that other retransmitter;

  • (e) a precise description of the system’s service area;

  • (f) a copy of any current map of a service area in which the system is located which is on file with the CRTC, or, if there is no such map, upon request, a current map of its service area, unless such a filed map or other map has already been provided to the collective society;

  • (g) the monthly fee charged by the retransmitter for basic service;

  • (h) the number of premises of each type served, divided into residential, health care, hotels, educational institutions and others;

  • (i) the number of premises of each type receiving at least one signal as distant;

  • (j) for each service or signal distributed

    • (i) the name or call letters,

    • (ii) any network affiliation,

    • (iii) if the signal is a repeater, the call letters and any net-work affiliation of the mother signal,

    • (iv) any other name by which the service or signal may be commonly known, and

    • (v) an indication of whether the service or signal is offered on the basic or discretionary tier; and

  • (k) for each service or signal distributed

    • (i) the number of premises of each type receiving the service or signal, and

      (ii) the number of premises of each type receiving the signal as distant,

    provided that if the retransmitter claims a discount pursuant to section 9, the information shall be provided separately for premises served to which the discount applies.

Additional Reporting Requirements: Small Retransmission Systems

16. A retransmitter who operates a small retransmission system shall provide, in addition to the information required under section 15, the following information:

  • (a) if the small retransmission system qualifies as such by virtue of paragraph 4(2)(c), the number of premises, determined in accordance with the Definition of “Small Retransmission Systems” Regulations and section 4, the system served or was deemed to serve on the last day of each month of the previous year during which it retransmitted a distant signal;

  • (b) if the small retransmission system is a master antenna system and is located within the service area of another cable retransmission system, the name of that other system and a statement to the effect that the other system retransmits a signal, with or without a fee, to no more than 2,000 premises in its service area;

  • (c) if the small retransmission system is included in a unit within the meaning of the Definition of “Small Retransmission Systems” Regulations,

    • (i) the date the system was included in the unit,

    • (ii) the names of all the systems included in the unit,

    • (iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and

    • (iv) the nature of the control exercised by these persons; and

  • (d) whether the small retransmission system is licensed by the CRTC, and if it is not, the date of cancellation of its licence, or the date the system began operations as a system exempt from the CRTC’s licensing requirements, whichever first occurred.

Reporting Requirements: LPTVs and MDSs

17. (1) A retransmitter who operates a LPTV or MDS whose signals are not scrambled shall provide each collective society with the following information in respect of each LPTV or MDS it operates:

  • (a) the information referred to in paragraphs (a) to (c), (g) and (j) of section 15; and

  • (b) a description of the location of the LPTV or MDS.

(2) A retransmitter who operates any other LPTV or MDS shall provide each collective society, in respect of each system it operates, the information referred to in paragraphs (a) to (d) and (g) to (k) of section 15.

Reporting Requirements: DTH

18. A retransmitter who operates a DTH shall provide each collective society, in respect of each such system it operates, the information referred to in paragraphs (a) to (d) and (g) to (k) of section 15.

Additional Reporting Requirements: MATV Systems

19. A retransmitter who operates a master antenna system shall provide, in addition to the information required under section 15 or 16, the address where its transmitter is located and the address of any other building in which premises served by it are located, and shall indicate whether or not it is licensed by the CRTC.

Additional Reporting Requirements: Cable Retransmission Systems (other than Small Retransmission Systems) Located in the Service Area of Another Cable Retransmission System

20. A retransmitter who operates a cable retransmission system, other than a small retransmission system, located within the service area of another cable retransmission system that retransmits a signal with or without a fee, to more than 2,000 premises in its service area shall provide, in addition to the information required under section 15, the name of that other cable retransmission system.

Additional Reporting Requirements: Francophone Markets

21. A retransmitter who operates a cable retransmission system or a MDS located in a Francophone market, other than a system located in the Province of Quebec, shall provide, in addition to the information required under sections 15, 19 and 20,

  • (a) the name of the city, town or municipality listed in paragraph 9(2)(b) which is encompassed in whole or in part in the service area of the system, or

  • (b) a list of all the cities, towns and municipalities encompassed in whole or in part by the system’s service area, specifying for each its total population and its population of French mother tongue, according to the most recent population figures published by Statistics Canada.

Additional Reporting Requirements: Multi-System Operators

22. A retransmitter who operates more than one retransmission system shall provide a list of all the retransmission systems operated by that retransmitter.

Reporting Dates

23. (1) The information required under sections 15 to 22 shall be supplied as of December 31 of each year and shall be provided by January 31 of the following year.

(2) A retransmitter shall update the information provided in accordance with sections 15 to 22 with respect to each date at which royalties are calculated, and shall provide it to each collective society by the date that royalty payment is due.

Forms

24. The information required under sections 15 to 22 shall be provided on the forms contained in Appendix B, or in any other format that is agreed upon by the collective society and the retransmitter.

Errors

25. A retransmitter who discovers an error in any information provided to a collective society shall promptly provide the correct information.

Supplementary Information, Records and Audits

26. (1) A retransmitter shall provide a collective society, upon request, with the address and number of premises contained in each building within a given system for which the retransmitter claims a discount pursuant to section 13.

(2) A retransmitter shall provide a collective society, upon request, with a list of the postal codes within a system’s service area, together with

  • (a) the number of residential premises served in each such postal code; and

  • (b) the number of residential premises in each postal code that receive each signal,

provided that the collective society has not made such a request with regard to the system for at least 12 months.

27. (1) A retransmitter shall keep and preserve until December 31, 2019, records from which a collective society can readily ascertain the amounts payable and the information required under this tariff.

(2) A collective society may audit the records referred to in subsection (1) at any time until December 31, 2019, on reasonable notice and during normal business hours, provided that the collective society has not audited the system for at least 12 months.

(3) The collective society shall, upon receipt, supply the retransmitter and all other collective societies with a copy of the report of any audit.

(4) If the audit of a retransmission system discloses that royalties due to the collective society for that system have been understated in any month by more than 20 per cent, the retransmitter shall pay the reasonable costs of the audit of the system within 30 days of the demand for payment being made.

Confidentiality

28. (1) Subject to subsections (2) and (3), a collective society and its royalty claimants shall treat in confidence information received from a retransmitter pursuant to this tariff, unless the retransmitter consents in writing to the information being treated otherwise.

(2) A collective society may share information referred to in subsection (1)

  • (a) with a collective society listed in Appendix A;

  • (b) with the Board;

  • (c) in connection with proceedings before the Board, if it has first provided the retransmitter with a reasonable opportunity to obtain a confidentiality order;

  • (d) to the extent required to effect the distribution of royalties, with its royalty claimants; or

  • (e) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the retransmitter, who is not under an apparent duty of confidentiality to the retransmitter.

Adjustments

29. (1) Subject to subsection (2), adjustments in the amount of royalties owed by a retransmitter (including adjustments as a result of excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the retransmitter’s next royalty payment is due.

(2) A retransmitter may deduct any amount owed to it from its next royalty payments until no money remains owed to it.

Interest on Late Payments

30. (1) Any amount not received by the due date shall bear interest from that date until the date the amount is received.

(2) Any amount found to be owing, through an audit or otherwise, shall bear interest from the date it was due until the date the amount is received.

(3) Any amount that cannot be delivered at the address referred to in section 31 shall bear interest from the date when the person owing the amount receives notice of the new address to which it should be delivered until the date the amount is received.

(4) Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Addresses for Notices, etc.

31. (1) Anything that a retransmitter sends to a collective society shall be sent to the address listed in Appendix A, or to any other address of which the retransmitter has been notified.

(2) Anything that a collective society sends to a retransmitter shall be sent to

  • (a) the address provided to the collective society in accordance with paragraph 15(d) or subsection 23(2); or

  • (b) where no such address has been provided, to any other address where the retransmitter can be reached.

Delivery of Notices and Payments

32. (1) A notice may be delivered by hand, by postage-paid mail, by fax or by email.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by fax or by email shall be presumed to have been received the day it is transmitted.

Appointment of Designate

33. (1) Any person that a collective society designates to receive a payment or notice shall have an address in Canada.

(2) A collective society shall notify a retransmitter at least 60 days in advance of such a designation or of any change therein.

Transitional Provisions

34. In this part of the tariff

Interim Tariff” means the Interim Television Retransmission Tariff, as of January 1, 2009;

“additional royalties” means the royalties payable as a result of a difference between the rates set in this tariff and the Interim Tariff, whether or not they had been paid by the date this tariff is published in the Canada Gazette.

35. A payment due in respect of any period ending on or before December 31, 2012, and that was allocated pursuant to subsection 15(2) of the Interim Tariff shall be deemed to have been properly allocated pursuant to this tariff.

36. (1) Additional royalties for 2009 or 2010 shall not bear any interest if they were paid no later than on January 31, 2011.

(2) Additional royalties for the period from January 1, 2011 to December 31, 2012 shall not bear any interest if they were paid by the date they would have been due had this tariff been certified on January 1, 2009.

(3) Additional royalties, other than those paid pursuant to subsections (1) or (2), shall bear interest from the date they would have been due had this tariff been certified on January 1, 2009. Until December 31, 2013, interest shall be calculated at a rate equal to the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). In all other respects, section 30 shall apply to such royalties.

(4) No later than January 31, 2014, a retransmitter who owes additional royalties on the date this tariff is published in the Canada Gazette shall provide to each collective society a statement of these royalties, together with their payment.

37. (1) No later than 20 days after this tariff is certified, CRC shall provide to the relevant collective societies an interim statement indicating the amounts (principal and interest) due to another collective as a result of a difference between the allocations set out in this tariff and the Interim Tariff.

(2) No later than 50 days after this tariff is certified, after having consulted all the collectives, CRC shall provide to the relevant collective societies a final statement indicating the amounts due to another collective as a result of a difference between the allocations set out in this tariff and the Interim Tariff.

(3) No later than 70 days after this tariff is certified, a collective society shall pay to other collective societies any amount due to them as a result of a difference between the allocations set out in this tariff and the Interim Tariff.

(4) Amounts payable pursuant to subsection (3) shall bear interest from the date they would have been received had this tariff been certified on January 1, 2009. Until 70 days after the date this tariff is certified, interest shall be calculated at a rate equal to the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). In all other respects, section 30 shall apply to such royalties.

APPENDIX A: COLLECTIVE SOCIETIES

TELEVISION TARIFF 2009-2013

Border Broadcasters, Inc. (BBI)
c/o Ms. Marcie Smith
P.O. Box 2469A
Station A
Toronto, Ontario
M5W 2K6
248-344-2997 (telephone)
248-596-1103 (fax)

Direct Response Television Collective Inc. (DRTVC)
c/o Lewis Birnberg Hanet, LLP
693 Queen Street E
Toronto, Ontario
M4M 1G6
647-259-0950 (telephone)
416-865-1018 (fax)

Canadian Broadcasters Rights Agency Inc. until and including December 31, 2010, and thereafter Canadian Broadcasters Rights Agency (CBRA)
4115 Canyon Walk Drive
Ottawa, Ontario
K1V 1P8
613-822-1112 (telephone)
613-822-7588 (fax)

FWS Joint Sports Claimants Inc. (FWS)
c/o Piasetzki Nenniger Kvas LLP
120 Adelaide Street W
Suite 2308
Toronto, Ontario
M5H 1T1
416-955-0050 (telephone)
416-955-0053 (fax)

Canadian Retransmission Collective (CRC)
74 The Esplanade
Toronto, Ontario
M5E 1A9
416-304-0290 (telephone)
416-304-0496 (fax)

Major League Baseball Collective of Canada, Inc. (MLB)
P.O. Box 3216
Commerce Court Postal Station
Commerce Court West
Toronto, Ontario
M5L 1K1
416-979-2211 (telephone)
416-979-1234 (fax)

Canadian Retransmission Right Association (CRRA)
c/o Canadian Broadcasting Corporation
181 Queen Street
P.O. Box 3220
Station C
Ottawa, Ontario
K1Y 1E4
613-288-6276 (telephone)
613-288-6279 (fax)

Society of Composers, Authors and Music Publishers of Canada (SOCAN)
41 Valleybrook Drive
Toronto, Ontario
M3B 2S6
416-445-8700 (telephone)
416-445-7108 (fax)

Copyright Collective of Canada (CCC)
55 St. Clair Avenue W
Suite 210
Toronto, Ontario
M4V 2Y7
416-961-1888 (telephone)
416-968-1016 (fax)

APPENDIX B

TELEVISION FORMS

  • Form 1: General Information
  • Form 2: Small Retransmission Systems Declaration
  • Form 3: Information about Premises Served — Royalty Calculation
  • Form 4: Television Service Information
  • Form 5: Report for Systems Operating in a Francophone Market
  • Form 6: Systems Reported by the Same Retransmitter
  • Form 7: Report of Premises Entitled to a Discount
  • Form 8: Report of Residential Premises in Each Postal Code Area

FORM 1 (TELEVISION)

GENERAL INFORMATION
(Television Tariff, sections 15, 17, 18, 19, 20)

1) Name of the system: _____________________________________________

2) Type of system: PLEASE CHECK WHERE APPROPRIATE

____ SMALL SYSTEM;

____ SCRAMBLED LPTV;

____ UNSCRAMBLED MDS;

____ MATV SYSTEM;

____ DTH SYSTEM;

____ SCRAMBLED MDS;

____ UNSCRAMBLED LPTV;

____ CABLE SYSTEM;

____ OTHER (PLEASE SPECIFY) ___________________________

3) Name of the retransmitter:

(a) if the retransmitter is a CORPORATION, please give

its name: ____________________________________________

its jurisdiction of incorporation: __________________________

the names and titles of its principal officers:

NAME

_____________________________________________

_____________________________________________

TITLE

_____________________________________________

_____________________________________________

_____________________________________________

_____________________________________________

(b) if the retransmitter is an INDIVIDUAL, please give the name of the individual:

___________________________________

(c) if the retransmitter is anything else, please give the names of all owners of the enterprise and set out its legal nature (e.g. partnership, joint venture, etc.):

Legal nature: ________________________________________________

NAME

_____________________________________________

_____________________________________________

_____________________________________________

TITLE (if any)

_____________________________________________

_____________________________________________

_____________________________________________

4) Other trade name(s) under which the retransmitter does business:

_______________________________________________

5) Address of the retransmitter’s principal place of business:

Street Address: _______________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

6) Address where you wish to receive notices (if different from above):

Street Address: ________________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

7) Contact person for this system:

Name: __________________________________

Title: _______________________________________________

Tel. No.: ______________________

Fax No.: __________________________

Email: ________________________

8) If other retransmitters receive one or more distant television signals from the system, please attach a list showing their names and addresses, as well as the call letters of the signals they receive. (NO ANSWER IS REQUIRED IN THE CASE OF AN UNSCRAMBLED LPTV OR UNSCRAMBLED MDS.)

9) SERVICE AREA OR LOCATION (NO ANSWER IS REQUIRED IN THE CASE OF A DTH SYSTEM.)

(a) IN THE CASE OF AN UNSCRAMBLED LPTV OR AN UNSCRAMBLED MDS: please provide a description of the location of the LPTV or the MDS.

(b) IN THE CASE OF A MATV SYSTEM: please provide the address where the system is located.

Street Address: _________________________________________

City: _______________________________

Province: _____________________________

Postal Code: _______ ________

Please also provide the address of any other building which is served by the MATV system.

Street Address: _________________________________________

City: _______________________________

Province: _____________________________

Postal Code: _______ ________

(c) IN THE CASE OF ANY OTHER SYSTEM: please provide a precise description of the area served by the system. Please also provide a copy of any map filed with the CRTC describing or containing that area that was not previously provided to the collective as well as the date when the most recent map was filed.

10) Basic monthly fee charged within the system, net of taxes: _______________

(NO ANSWER REQUIRED IN THE CASE OF AN UNSCRAMBLED LPTV OR UNSCRAMBLED MDS.)

FORM 2 (TELEVISION)

SMALL RETRANSMISSION SYSTEMS DECLARATION
(Television Tariff, section 16)

THIS FORM IS TO BE COMPLETED ONLY FOR SMALL RETRANSMISSION SYSTEMS. PLEASE SEE SECTIONS 2 AND 4 OF THE TELEVISION RETRANSMISSION TARIFF FOR THE DEFINITION OF SMALL RETRANSMISSION SYSTEM.

NAME OF THE SYSTEM: ___________________________________________

YEAR FOR WHICH THIS FORM APPLIES: ____________

UNLICENSED SYSTEMS

If the system is not licensed by the CRTC:

(a) Under what exemption order does the system operate? PN #____________, and

(b) On what date did the system begin operating as an exempt system? _____________

A) GENERAL

PLEASE ANSWER THE QUESTIONS THAT APPLY TO THIS RETRANSMISSION SYSTEM.

1. Did the system retransmit a distant signal on December 31

of the previous year? ____________

If NO, do not answer questions 2 through 6 and answer question 7.

2. Was the system included in a unit on December 31, 1993? ____________

If YES, do not answer question 3 and go to question 4.

3. Was the system included in a unit on December 31 of the previous year? ____________

If YES, do not answer question 4 and go to question 5.

4. On December 31 of the previous year, did the system serve 2,000 premises or less?

____________

If YES, indicate that number: ____________. Do not answer questions 5 to 7.

If NO, do not answer question 5. Complete the table in question 6 using the number of premises served by the system on the last day of each month of the previous year during which the system retransmitted a distant signal. Do not answer question 7.

5. On December 31 of the previous year, did the unit serve 2,000 premises or less?

____________

If YES, indicate the number: ____________. Do not answer questions 6 and 7.

If NO, complete the table in question 6 by using the number of premises served by all cable retransmission systems in the unit on the last day of each month of the previous year in which (a) the composition of the unit was the same as on December 31, AND (b) the system retransmitted a distant signal. Do not answer question 7.

6. Please complete the following table if you answered NO to question 4 or to question 5.

As of the last day of each month
during the previous year

Number of premises served

January

 

February

 

March

 

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

Total

 

Average
(Divide total by the number of months for
which information is required to be provided)

 

7. Answer this question only if you answered NO to question 1.

Was the system included in a unit on the last day of the first month in which it retransmitted a distant signal this year? ____________

If YES, how many premises were served by all cable retransmission systems in the unit on that day? ____________

If NO, how many premises did the system serve on that day? ____________

A SYSTEM IS A SMALL RETRANSMISSION SYSTEM IF YOU ANSWERED YES TO QUESTION 4 OR 5, IF THE AVERAGE IN QUESTION 6 IS 2,000 OR LESS, OR IF THE NUMBER OF PREMISES SERVED INDICATED IN ANSWER TO QUESTION 7 IS 2,000 OR LESS.

B) IF THE SYSTEM IS A MASTER ANTENNA SYSTEM LOCATED WITHIN THE SERVICE AREA OF ANOTHER CABLE RETRANSMISSION SYSTEM, please also complete the following declaration:

I confirm that _____________________________________ (system name)

is located within the service area

of ______________________________ (name of cable retransmission system) which as of

________________________________ (relevant date) served no more

than 2,000 premises in its service area.

______________________________________________________________________

(Signature)

______________________________________________________________________

(Name and Title)

Date: __________________________________

C) INFORMATION ABOUT PREMISES SERVED

Please provide the following information as of (i) December 31 of the previous year, if the system retransmitted a distant television signal on that day, or (ii) the last day of the month in which the system first retransmitted a distant television signal in THIS year, if the system did not retransmit a distant television signal on December 31 of the previous year.

Residential Units

Health Care Facilities

Hotels

Educational Institutions

Others

All Premises

Numbers of premises served

           

Number of premises receiving at least one distant television signal

           

D) ROYALTY SHARE OF EACH COLLECTIVE SOCIETY

Column A Collective Society

Column B %

Column C Royalty Amount

Column D Withholding Tax (10%)

Column E Interest

Column F GST/HST/PST

Column G Total
(see footnote 1)

BBI

0.96

     

n/a

 

CBRA

13.50

 

n/a

     

CCC

53.38

 

n/a

     

CRC

14.85

 

n/a

     

CRRA

9.76

 

n/a

     

DRTVC

0.70

 

n/a

     

FWS

3.25

 

n/a

     

MLB

0.80

 

n/a

     

SOCAN

2.80

 

n/a

     

TOTAL

           

E) INFORMATION ABOUT THE UNIT

1. Please complete this table if you answered YES to question 2, i.e. if the system was in a unit on December 31, 1993.

Names of all the retransmission systems in the unit on December 31, 1993

Names of the persons (including corporations) or groups of persons who own or who directly or indirectly control the systems included in the unit

Explain the nature of the control exercised (e.g. the percentage of voting shares directly or indirectly held by the persons exercising the control or by the members of the controlling group)

     
     
     
     
     
     
     

2. Please complete this table if you answered YES to questions 2, 3 or 7.

If the system was part of a unit on December 31 of the previous year, please provide the information as of that date. If not, please state the date on which the system became part of a unit and provide the information as of the last day of that month.

Date as of which the information is being provided: __________________

Names of all the retransmission systems in the unit

Names of the persons (including corporations) or groups of persons who own or who directly or indirectly control the systems included in the unit

Explain the nature of the control exercised (e.g. the percentage of voting shares directly or indirectly held by the persons exercising the control or by the members of the controlling group)

     
     
     
     
     
     
     

FORM 3 (TELEVISION)

INFORMATION ABOUT PREMISES SERVED
ROYALTY CALCULATION FOR ___________ (relevant date)

USING THIS FORM, MOST SYSTEMS CAN CALCULATE THE TOTAL ROYALTY OWED FOR THE RETRANSMISSION OF DISTANT TELEVISION SIGNALS.

THE INFORMATION IN LINES 1 AND 3 SHOULD BE PROVIDED FOR ALL SYSTEMS, ONCE A YEAR, AS OF DECEMBER 31 OF THE PREVIOUS YEAR, EVEN IF NO DISTANT TELEVISION SIGNALS ARE CARRIED BY THE SYSTEM.

UNSCRAMBLED LPTVs AND UNSCRAMBLED MDSs PAY A FLAT RATE OF $100 PER YEAR, AND NEED NOT CALCULATE THEIR ROYALTIES.

SMALL RETRANSMISSION SYSTEMS SHOULD USE FORM 2.

NAME OF THE SYSTEM: _____________________________

NOTE: Lines containing a reference to TVA should be completed only by those systems which are not located in a Francophone market and are retransmitting the TVA signal to comply with CRTC Distribution Order 1999-1.

Type of Premises

Residential Units

Health Care Facilities

Hotels

Educational Institutions

Others

All Premises

1

Number of premises served

           

2

Retransmission royalty rate per premises applicable to the system (see footnote 2)

         

n/a

 

(a) NON-FRANCOPHONE MARKET PREMISES

           

3

Number of premises for which Francophone market discount is NOT claimed

           

4

Number of premises receiving at least one distant television signal (see footnote 3)

           

5

Number of premises receiving at least one unduplicated distant television signal other than the TVA signal

           

6

Gross royalty for premises reported in line 5
[line 2 ´ line 5]

         

n/a

7

Number of premises receiving only one distant television signal, which is also duplicated (see footnote 4)

           

8

Gross royalty for premises reported in line 7 [line 2 ´ line 7 ´ 25%]

         

n/a

9

Number of premises receiving more than one distant television signal, all of which are duplicates (see footnote 5)

           

10

Gross royalty for premises reported in line 9
[line 2 ´ line 9 ´ 50%]

         

n/a

11

Number of premises receiving TVA as their only distant television signal (see footnote 6)

           

12

Gross royalty for premises reported in line 11
[line 2 ´ line 11 ´ 5%]

         

n/a

13

Number of premises receiving as their only distant television signals TVA and one duplicated signal (see footnote 7)

           

14

Gross royalty for premises reported in line 13
[line 2 ´ line 13 ´ 30%]

         

n/a

15

Number of premises receiving as their only distant television signals TVA and more than one duplicated signal (see footnote 8)

           

16

Gross royalty for premises reported in line 15
[line 2 ´ line 15 ´ 55%]

         

n/a

17

TOTAL gross royalty amount [line 6 + line 8 + line 10 + line 12 + line 14 + line 16]

         

n/a

18

Adjustment factor for certain types of premises

1

0.25

0.6

0.25

1

n/a

19

Royalty Amount — Non-Francophone Market Premises [line 17 ´ line 18]

           
 

(b) FRANCOPHONE MARKET PREMISES

           

20

Number of premises for which Francophone market discount is claimed
[line 1 minus line 3]

           

21

Number of Francophone market premises receiving at least one distant television signal (see footnote 9)

           

22

Number of Francophone market premises receiving at least one unduplicated distant television signal

           

23

Gross royalty for premises reported in line 22
[line 22 ´ line 2 ´ 50%]

         

n/a

24

Number of Francophone market premises receiving only one distant television signal, which is also duplicated (see footnote 10)

           

25

Gross royalty for premises reported in line 24
[line 2 ´ line 24 ´ 25 % ´ 50%]

         

n/a

26

Number of premises receiving more than one distant television signal, all of which are duplicates (see footnote 11)

           

27

Gross royalty for premises reported in line 26
[line 2 ´ line 26 ´ 50% ´ 50%]

         

n/a

28

TOTAL gross royalty amount [line 23 + line 25 + line 27]

         

n/a

29

Adjustment factor for certain types of premises

1

0.25

0.6

0.25

1

n/a

30

Royalty Amount — Francophone Market Premises [line 28 ´ line 29]

           

31

Total Royalty Amount (see footnote 12)
[line 19 + line 30]

           

The share of each collective society is as follows:

Column A Collective Society

Column B
%

Column C Royalty Amount

Column D Withholding Tax (10%)

Column E Interest

Column F
GST/HST/PST

Column G
Total (see footnote 13)

BBI

0.96

     

n/a

 

CBRA

13.50

 

n/a

     

CCC

53.38

 

n/a

     

CRC

14.85

 

n/a

     

CRRA

9.76

 

n/a

     

DRTVC

0.70

 

n/a

     

FWS

3.25

 

n/a

     

MLB

0.80

 

n/a

     

SOCAN

2.80

 

n/a

     

TOTAL

           

FORM 4 (TELEVISION)

TELEVISION SERVICE INFORMATION AS OF ________________________ (relevant date) (Television Tariff, paragraphs 15(j), (k))

PLEASE PROVIDE THE FOLLOWING INFORMATION FOR ALL TELEVISION BROADCAST SIGNALS (INCLUDING SUPERSTATIONS) SUPPLIED TO SUBSCRIBERS.

Call Letters/ Name of Signal

Call Letters of Mother Signal (if signal carried is a repeater)

Network Affiliation

Any Other Name Under Which the Signal is Known

City and Province or State Where Signal Originated

         
         
         
         
         
         
         
         
         
         
         
         

Basic (B) or Discretionary (D) Service?

A) Number of Premises Receiving the Signal as Distant

B) Number of Premises Served by the System

(Please indicate A over B) (see footnote 14)

       
       
       
       
       
       
       
       
       
       
       
       

FORM 5 (TELEVISION)

REPORT FOR CABLE RETRANSMISSION SYSTEMS OPERATING IN A FRANCOPHONE MARKET AND SCRAMBLED MDS TRANSMITTERS LOCATED IN A FRANCOPHONE MARKET
(Television Tariff, sections 9 and 21)

NAME OF SYSTEM:

 

Cable retransmission systems located in the Province of Quebec need not complete this form.

I. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — CABLE RETRANSMISSION SYSTEM

For each city, town or municipality wholly or partly within the system’s service area, provide the following information.

NOTE: The population for the whole city, town or municipality must be used in column (C), even if the cable retransmission system’s service area includes only part of that city, town or municipality.

If the total of column (B) is more than 50 per cent of the total of column (C), the system is in a Francophone market.

If the cable retransmission system is in the Province of Quebec, or if the total of column (B) is more than 50 per cent of the total of column (C), the cable retransmission system is in a Francophone market.

Cable retransmission systems whose service area includes all or part of any of the localities listed in paragraph 9(2)(b) of the Television Tariff are only required to complete column (A).

(A) Name of the City, Town or Municipality

(B) Population Claiming French as Their Mother Tongue According to the Most Recent Statistics Canada Figures

(C) Total Population According to the Most Recent Statistics Canada Figures

(D) Total Number of Premises in Each System in the City, Town or Municipality

(E) Number of Premises out of the Total in (D) that are Ineligible for the Francophone Market Discount Pursuant to Subsection 9(3) of the Television Tariff

         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

II. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — SCRAMBLED MDS

If eligibility for the Francophone market discount is claimed with respect to premises receiving distant signals from any transmitter operated by this system, please complete this table for each such transmitter. For each transmitter which is eligible under paragraph 9(2)(a) or (b) of the Television Tariff, complete only (A), (D) and (E). For each transmitter which is eligible under paragraph 9(2)(c) of the Television Tariff, complete (A), (B), (C), (D) and (E).

If the total of (B) is more than 50 per cent of (C), the premises served by this transmitter are deemed to be located in a Francophone market.

(A) Name of the City, Town or Municipality and Province Where this Transmitter is Located

(B) Population of that City, Town or Municipality Claiming French as Their Mother Tongue, According to the Most Recent Statistics Canada Figures

(C) Population of that City, Town or Municipality, According to the Most Recent Statistics Canada Figures

(D) Total Number of Premises in Each System in the City, Town or Municipality

(E) Number of Premises out of the Total in (D) that are Ineligible for the Francophone Market Discount Pursuant to Subsection 9(3) of the Television Tariff

         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

FORM 6 (TELEVISION)

SYSTEMS REPORTED BY THE SAME RETRANSMITTER
(Television Tariff, section 22)

Name of the System
(as reported on Form 1 for that System)

Service Area

   
   
   
   
   
   
   
   
   

FORM 7 (TELEVISION)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Television Tariff, subsection 26(1))

A COLLECTIVE SOCIETY IS ENTITLED TO ASK THAT THIS FORM BE COMPLETED IF THERE ARE BUILDINGS CONTAINING PREMISES FOR WHICH YOU CLAIM A DISCOUNT UNDER SECTION 13 OF THE TARIFF (ROOMS IN HOTELS, HEALTH INSTITUTIONS AND EDUCATIONAL INSTITUTIONS).

Please give the address of each building containing premises of the type indicated, as well as the number of premises served in each building.

NAME OF SYSTEM: _________________________________

DATE AS OF WHICH THE REPORT IS BEING MADE: _______________________________

HOTEL ROOMS (this includes motel rooms)

Address

Number of Rooms Served

   
   
   

PREMISES IN HEALTH INSTITUTIONS

Address

Number of Rooms Served

   
   
   

PREMISES IN EDUCATIONAL INSTITUTIONS

Address

Number of Rooms Served

   
   
   

FORM 8 (TELEVISION)

REPORT OF RESIDENTIAL PREMISES IN EACH POSTAL CODE AREA AS OF ____________________ (Television Tariff, section 26)

A. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPH 26(2)(a) TO ASK FOR THE FOLLOWING FORM TO BE COMPLETED FOR A CABLE SYSTEM ONLY IF IT HAS BEEN 12 MONTHS SINCE THE LAST TIME IT ASKED FOR SUCH A FORM TO BE FILLED WITH RESPECT TO THAT SYSTEM.

NAME OF SYSTEM: _____________________________________________________

Postal Code

Number of Residential Premises Served by the System Within the Postal Code

Postal Code

Number of Residential Premises Served by the System Within the Postal Code

Postal Code

Number of Residential Premises Served by the System Within the Postal Code

           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

B. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPH 26(2)(b) TO ASK FOR THE FOLLOWING FORM TO BE COMPLETED FOR A CABLE SYSTEM ONLY IF IT HAS BEEN 12 MONTHS SINCE THE LAST TIME IT ASKED FOR SUCH A FORM TO BE FILLED IN WITH RESPECT TO THAT SYSTEM. A SEPARATE COPY OF THIS FORM 8B IS REQUIRED FOR EACH SIGNAL FOR WHICH THIS FORM IS REQUESTED.

NAME OF SYSTEM: _____________________________________________________

Call letters and network of signal: _________________________________________

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

C. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPHS 15(j) AND (k) AND SUBSECTION 26(2) TO ASK FOR THE FOLLOWING FORM TO BE COMPLETED FOR EACHCOMBINATION OF DISTANT SIGNALS FOR WHICH A DIFFERENT TELEVISION RETRANSMISSION ROYALTY IS PAYABLE WITH RESPECT TO THE RESIDENTIAL PREMISES RECEIVING DISTANT SIGNALS FROM A CABLE SYSTEM OR FROM ANY TRANSMITTER OF A SCRAMBLED MDS ONLY IF IT HAS BEEN 12 MONTHS SINCE THE LAST TIME IT ASKED FOR SUCH A FORM TO BE FILLED IN WITH RESPECT TO THAT SYSTEM OR TRANSMITTER, AS THE CASE MAY BE.

NAME OF SYSTEM: _____________________________________________________

DISTANT SIGNALS IN THIS PACKAGE

SIGNAL CATEGORY (CHECK ALL APPLICABLE)

Call Letters

Network Affiliation

TVA Signal

Duplicate Network

Discretionary

Partly Distant

           
           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

PLEASE COMPLETE THE FOLLOWING TABLE FOR THE PRECEDING SIGNAL COMBINATION.

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

Postal Code

Number of Residential Premises Receiving this Signal Within the Postal Code

           
           
           
           
           
           
           
           
           
           
           
           
           
           
           

STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT RADIO SIGNALS, IN CANADA, FOR THE YEARS 2009 TO 2013

Short Title

1. This tariff may be cited as the Radio Retransmission Tariff, 2009-2013.

Definitions

2. In this tariff,

“CRTC” means the Canadian Radio-television and Telecommunications Commission; (« CRTC »)

“distant signal” has the meaning attributed to it in subsection 2(2) of the Local Signal and Distant Signal Regulations, SOR/89-254, as amended by SOR/2004-33, which reads:

“For the purposes of subsection 31(2) of the Copyright Act, ‘distant signal’ means a signal that is not a local signal.”; (« signal éloigné »)

“DTH” means a direct-to-home satellite system; (« SRD »)

“local signal” has the meaning attributed to it in subsection 2(1) of the Local Signal and Distant Signal Regulations, and corresponds to a signal received in premises located within a terrestrial radio station’s area of transmission (as defined in section 1 of the Regulations); (« signal local »)

“LPTV” means a Low Power Television Station or a Very Low Power Television Station (as defined in sections E and G of Part ⅠV of the Broadcasting Procedures and Rules of Industry Canada effective April 1997); (« TVFP »)

“MDS” means a multichannel multipoint distribution system; (« SDM »)

“premises” has the meaning attributed to it in section 2 of the Definition of “Small Retransmission Systems” Regulations, SOR/89-255, as amended by SOR/94-754 and SOR/2005-147, which reads:

“‘premises’ means

  • (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence; or

  • (b) a room in a commercial or institutional building.”; (« local »)

“retransmitter” has the meaning attributed to it in section 31 of the Copyright Act, R.S., 1985, c. C-42 as amended, and includes a person who operates a cable retransmission system (including a master antenna system), a LPTV, a MDS or a DTH; (« retransmetteur »)

“service area” has the meaning attributed to it in section 2 of the Definition of “Small Retransmission Systems” Regulations, which reads:

“‘service area’ means an area in which premises served in accordance with the laws and regulations of Canada by a retransmission system are located.”; (« zone de service »)

“signal” has the meaning attributed to it in subsection 31(1) of the Copyright Act, which reads:

“‘signal’ means a signal that carries a literary, dramatic, musical or artistic work and is transmitted for free reception by the public by a terrestrial radio or terrestrial television station.”,

but, for the purposes of this tariff, this meaning is restricted to a radio signal only; (« signal »)

“small retransmission system” means a small retransmission system as defined in sections 3 and 4 of the Definition of “Small Retransmission Systems” Regulations, which read:

“3. (1) Subject to subsections (2) to (4) and section 4, ‘small retransmission system’ means a cable retransmission system, or a terrestrial retransmission system utilizing Hertzian waves, that retransmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable retransmission system is included in the same unit as one or more other cable retransmission systems, the number of premises to which the cable retransmission system retransmits a signal is deemed to be equal to the total number of premises to which all cable retransmission systems included in that unit retransmit a signal.

(3) For the purpose of subsection (2), a cable retransmission system is included in the same unit as one or more other cable retransmission systems where

  • (a) they are owned or directly or indirectly controlled by the same person or group of persons; and

  • (b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for that distance.

(4) Subsection (2) does not apply to a cable retransmission system that was included in a unit on December 31, 1993.

4. The definition set out in subsection 3(1) does not include a cable retransmission system that is a master antenna system if it is located within the service area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that service area.”; (« petit système de retransmission »)

“year” means a calendar year. (« année »)

Application

3. This tariff applies to the retransmission of one or more distant signals that carry any work owned or controlled by any collective society listed in Appendix A.

THE TARIFF

Small Retransmission Systems

4. (1) The royalty for a small retransmission system shall be $12.50 a year and shall be due

  • (a) for systems retransmitting a distant signal on December 31 of the previous year, on January 31 of that year; and

  • (b) for all other systems, on the last day of the month after the month in which a distant signal is first retransmitted in that year.

(2) A system shall be deemed to be a small retransmission system for a given year if

  • (a) on December 31 of the previous year, the system retransmitted a distant signal and was a small retransmission system;

  • (b) the system did not retransmit a distant signal on December 31 of the previous year and is a small retransmission system on the last day of the month in which it first retransmits a distant signal in the year; or

  • (c) the average number of premises, determined in accordance with the Definition of “Small Retransmission Systems” Regulations, the system served or was deemed to serve on the last day of each month of the previous year during which it retransmitted a distant signal was no more than 2,000.

(3) For the purposes of paragraph (2)(c), where a system was included in a unit on December 31 of the previous year and not on December 31, 1993, only those months during which the systems included in the unit were the same as on December 31 of the previous year shall be used.

Unscrambled LPTVs and Unscrambled MDSs

5. The royalty for a LPTV or MDS whose signals are not scrambled shall be $12.50 a year and shall be due

  • (a) for systems retransmitting a distant signal on December 31 of the previous year, on January 31 of that year; and

  • (b) for all other systems, on the last day of the month after the month in which a distant signal is first retransmitted in that year.

Other Retransmission Systems

6. (1) Subject to subsection (2), the royalty for any other retransmission system shall be 12¢ per year for each premises served by the system on the later of December 31 of the previous year or the last day of the month in which it first retransmits a distant signal in the year, and shall be due

  • (a) for systems retransmitting a distant signal on December 31 of the previous year, on January 31 of that year; and

  • (b) for all other systems, on the last day of the month after the month in which a distant signal is first retransmitted in that year.

(2) The rate of the royalty payable for a cable retransmission system (including a master antenna system) located within the service area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in its service area shall be the same as that of the other retransmission system.

Unauthorized Reception of Retransmitted Signals

7. In determining the amount of royalties payable by a retransmitter, no account shall be taken of premises receiving a signal without the direct or indirect authority of the retransmitter.

Francophone Markets

8. (1) Subject to subsection (3), royalties payable under section 6 for a cable retransmission system located in a Francophone market or for premises receiving scrambled signals from a MDS located in a Francophone market shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under that section.

(2) A cable retransmission system or MDS is deemed to be located in a Francophone market if

  • (a) the system is located in the Province of Quebec;

  • (b) the system’s service area encompasses, in whole or in part, the cities, towns or municipalities of

    • (i) Bathurst, Campbellton, Dalhousie, Edmundston, Kedgwick or Shediac, New Brunswick,

    • (ii) Cochrane, Fauquier-Strickland, Hawkesbury, Hearst, Hornepayne, Kapuskasing, Mattice-Val Côté, Opasatika or Smooth Rock Falls, Ontario, or

    • (iii) Gravelbourg, Saskatchewan; or

  • (c) the population of French mother tongue represents more than 50 per cent of the total population of all cities, towns or municipalities, encompassed in whole or in part of the system’s service area, according to the most recent population figures published by Statistics Canada.

(3) Subsection (1) does not apply to premises which receive an English-language signal or service, other than a pay-per-view or video-on-demand service, that is provided on a stand-alone basis or in a package that includes only English-language signals or services.

(4) Royalties payable under section 6 for a DTH in respect of premises which receive a French-language basic service shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under that section, unless the premises also receive

  • (a) signals or services offered in the English-language basic service that are not included in the French-language basic service; or

  • (b) a basic service intended for bilingual subscribers.

Discount for Certain Non-Residential Premises

9. The royalty payable for the following types of premises shall be reduced as follows:

  • (a) rooms in hospitals, nursing homes and other health care facilities: by 75 per cent;

  • (b) rooms in hotels: by 40 per cent; and

  • (c) rooms in schools and other educational institutions: by 75 per cent.

Allocation of the Retransmission Royalty

10. A retransmitter shall pay to the collective societies the following portions of the royalty:

  1. CBRA: 38.635 per cent
  2. CRRA: 11.365 per cent
  3. SOCAN: 50 per cent

ADMINISTRATIVE PROVISIONS

Reporting Requirements: General

11. Subject to sections 12 to 18, every retransmitter shall provide each collective society with the following information in respect of each retransmission system it operates:

  • (a) the name of the retransmitter, that is,

    • (i) the name of a corporation and a mention of its jurisdiction of incorporation,

    • (ii) the name of the proprietor of an individual proprietorship, or

    • (iii) the names of the principal officers of all other retransmitters,

  • together with any trade name (other than the above) under which it carries on business;

  • (b) the address of the retransmitter’s principal place of business;

  • (c) the retransmitter’s address (including any fax number and email address) for the purposes of notice;

  • (d) the name and address of any other retransmitter who receives a distant signal from the retransmitter, and the list of all signals retransmitted to that other retransmitter;

  • (e) a precise description of the system’s service area;

  • (f) a copy of any current map of a service area in which the system is located which is on file with the CRTC, or, if there is no such map, upon request, a current map of its service area, unless such a filed map or other map has already been provided to the collective society;

  • (g) the monthly fee charged by the retransmitter for basic service;

  • (h) the number of premises of each type served, divided into residential, health care, hotels, educational institutions and others;

  • (i) the number of premises of each type authorized to have more than one outlet for the retransmitted signals;

  • (j) where possible, the number of premises of each type authorized to have more than two outlets;

  • (k) for each service or signal distributed

    • (i) the name or call letters,

    • (ii) the frequency band,

    • (iii) any network affiliation,

    • (iv) if the signal is a repeater, the call letters of the mother signal, and

    • (v) the number of premises of each type receiving the service or signal,

    provided that if the retransmitter claims a discount pursuant to section 8, the information shall be provided separately for premises served to which the discount applies.

Additional Reporting Requirements: Small Retransmission Systems

12. A retransmitter who operates a small retransmission system shall provide, in addition to the information required under section 11, the following information:

  • (a) if the small retransmission system qualifies as such by virtue of paragraph 4(2)(c), the number of premises, determined in accordance with the Definition of “Small Retransmission Systems” Regulations and section 4, the system served or was deemed to serve on the last day of each month of the previous year during which it retransmitted a distant signal;

  • (b) if the small retransmission system is a master antenna system and is located within the service area of another cable retransmission system, the name of that other system and a statement to the effect that the other system retransmits a signal, with or without a fee, to no more than 2,000 premises in its service area;

  • (c) if the small retransmission system is included in a unit within the meaning of the Definition of “Small Retransmission Systems” Regulations,

    • (i) the date the system was included in the unit,

    • (ii) the names of all the systems included in the unit,

    • (iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and

    • (iv) the nature of the control exercised by these persons; and

  • (d) whether the small retransmission system is licensed by the CRTC, and if it is not, the date of cancellation of its licence, or the date the system began operations as a system exempt from the CRTC’s licensing requirements, whichever first occurred.

Reporting Requirements: LPTVs and MDSs

13. (1) A retransmitter who operates a LPTV or MDS whose signals are not scrambled shall provide each collective society with the following information in respect of each LPTV or MDS it operates:

  • (a) the information referred to in paragraphs (a) to (c) and (k) of section 11; and

  • (b) a description of the location of the LPTV or MDS.

(2) A retransmitter who operates any other LPTV or MDS shall provide each collective society, in respect of each system it operates, the information referred to in paragraphs (a) to (d) and (g) to (k) of section 11.

Reporting Requirements: DTH

14. A retransmitter who operates a DTH shall provide each collective society, in respect of each such system it operates, the information referred to in paragraphs (a) to (d) and (g) to (k) of section 11.

Additional Reporting Requirements: MATV Systems

15. A retransmitter who operates a master antenna system shall provide, in addition to the information required under section 11 or 12, the address where its transmitter is located, and the address of any other building in which premises served by it are located, and shall indicate whether or not it is licensed by the CRTC.

Additional Reporting Requirements: Cable Retransmission Systems (other than Small Retransmission Systems) Located in the Service Area of Another Cable Retransmission System

16. A retransmitter who operates a cable retransmission system, other than a small retransmission system, located within the service area of another cable retransmission system that retransmits a signal with or without a fee to more than 2,000 premises in its service area shall provide, in addition to the information required under section 11, the name of that other cable retransmission system.

Additional Reporting Requirements: Francophone Markets

17. (1) A retransmitter who operates a cable retransmission system or a MDS located in a Francophone market, other than a system located in the Province of Quebec, shall provide, in addition to the information required under section 11, 15 and 16,

  • (a) the name of the city, town or municipality listed in paragraph 8(2)(b) which is encompassed in whole or in part in the service area of the system; or

  • (b) a list of all the cities, towns and municipalities encompassed in whole or in part by the system’s service area, specifying for each its total population and its population of French mother tongue, according to the most recent population figures published by Statistics Canada.

Additional Reporting Requirements: Multi-System Operators

18. A retransmitter who operates more than one retransmission system shall provide a list of all the retransmission systems operated by that retransmitter.

Reporting Dates

19. The information required under sections 11 to 18 shall be supplied as of December 31 of every year and shall be provided by January 31 of the following year.

Forms

20. The information required under sections 11 to 18 shall be provided on the forms contained in Appendix B, or in any other format that is agreed upon by the collective society and the retransmitter.

Errors

21. A retransmitter who discovers an error in any information provided to a collective society shall promptly provide the correct information.

Supplementary Information, Records and Audits

22. A retransmitter shall provide a collective society, upon request, with the address and number of premises contained in each building within a given system for which the retransmitter claims a discount pursuant to section 9.

23. (1) A retransmitter shall keep and preserve until December 31, 2019, records from which a collective society can readily ascertain the amounts payable and the information required under this tariff.

(2) A collective society may audit the records referred to in subsection (1) at any time until December 31, 2019, on reasonable notice and during normal business hours, provided that the collective society has not audited the system for at least 12 months.

(3) The collective society shall, upon receipt, supply the retransmitter and all other collective societies with a copy of the report of any audit.

(4) If the audit of a retransmission system discloses that royalties due to the collective society for that system have been understated in any month by more than 20 per cent, the retransmitter shall pay the reasonable costs of the audit of the system within 30 days of the demand for payment being made.

Confidentiality

24. (1) Subject to subsections (2) and (3), a collective society and its royalty claimants shall treat in confidence information received from a retransmitter pursuant to this tariff, unless the retransmitter consents in writing to the information being treated otherwise.

(2) A collective society may share information referred to in subsection (1)

  • (a) with a collective society listed in Appendix A;

  • (b) with the Board;

  • (c) in connection with proceedings before the Board, if it has first provided the retransmitter with a reasonable opportunity to obtain a confidentiality order;

  • (d) to the extent required to effect the distribution of royalties, with its royalty claimants; or

  • (e) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the retransmitter, who is not under an apparent duty of confidentiality to the retransmitter.

Adjustments

25. (1) Subject to subsection (2), adjustments in the amount of royalties owed by a retransmitter (including adjustments as a result of excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the retransmitter’s next royalty payment is due.

(2) A retransmitter may deduct any amount owed to it from its next royalty payments until no money remains owed to it.

Interest on Late Payments

26. (1) Any amount not received by the due date shall bear interest from that date until the date the amount is received.

(2) Any amount found to be owing, through an audit or otherwise, shall bear interest from the date it was due until the date the amount is received.

(3) Any amount that cannot be delivered at the address referred to in section 27 shall bear interest from the date when the person owing the amount receives notice of the new address to which it should be delivered until the date the amount is received.

(4) Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Addresses for Notices, etc.

27. (1) Anything that a retransmitter sends to a collective society shall be sent to the address listed in Appendix A, or to any other address of which the retransmitter has been notified.

(2) Anything that a collective society sends to a retransmitter shall be sent to

  • (a) the address provided to the collective society in accordance with paragraph 11(d); or

  • (b) where no such address has been provided, to any other address where the retransmitter can be reached.

Delivery of Notices and Payments

28. (1) A notice may be delivered by hand, by postage-paid mail, by fax or by email.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by fax or by email shall be presumed to have been received the day it is transmitted.

Appointment of Designate

29. (1) Any person that a collective society designates to receive a payment or notice shall have an address in Canada.

(2) A collective society shall notify a retransmitter at least 60 days in advance of such a designation or of any change therein.

APPENDIX A: COLLECTIVE SOCIETIES

RADIO TARIFF 2009-2013

Canadian Broadcasters Rights Agency Inc. until and including December 31, 2010, and thereafter Canadian Broadcasters Rights Agency (CBRA)
4115 Canyon Walk Drive
Ottawa, Ontario
K1V 1P8
613-822-1112 (telephone)
613-822-7588 (fax)

Canadian Retransmission Right Association (CRRA)
c/o Canadian Broadcasting Corporation
181 Queen Street
P.O. Box 3220, Station C
Ottawa, Ontario
K1Y 1E4
613-288-6276 (telephone)
613-288-6279 (fax)

Society of Composers, Authors and Music Publishers of Canada (SOCAN)
41 Valleybrook Drive
Toronto, Ontario
M3B 2S6
416-445-8700 (telephone)
416-445-7198 (fax)

APPENDIX B

RADIO FORMS

  • Form 1:  General Information
  • Form 2:  Small Retransmission Systems Declaration
  • Form 3:  Information About Premises Served and Royalty Calculation
  • Form 4:  Radio Service Information
  • Form 5:  Report for Systems Operating in a Francophone Market
  • Form 6:  Systems Reported by the Same Retransmitter
  • Form 7:  Report of Premises Entitled to a Discount

FORM 1 (RADIO)

GENERAL INFORMATION
(Radio Tariff, sections 11, 13, 14, 15, 16)

1) Name of the system: ___________________________________________

2) Type of system: PLEASE CHECK WHERE APPROPRIATE

____ SMALL SYSTEM;

____ SCRAMBLED LPTV;

____ UNSCRAMBLED MDS;

____ MATV SYSTEM;

____ DTH;

____ SCRAMBLED MDS;

____ UNSCRAMBLED LPTV;

____ CABLE SYSTEM;

____ OTHER (PLEASE SPECIFY) ___________________________

3) Name of the retransmitter:

(a) if the retransmitter is a CORPORATION, please give

its name: ____________________________________________

its jurisdiction of incorporation: _________________________

the names and titles of its principal officers:

NAME

_____________________________________________

_____________________________________________

_____________________________________________

TITLE

_____________________________________________

_____________________________________________

_____________________________________________

(b) if the retransmitter is an INDIVIDUAL, please give the name of the individual:

__________________________________

(c) if the retransmitter is anything else, please give the names of all owners of the enterprise and set out its legal nature (e.g. partnership, joint venture, etc.):

Legal nature: ________________________________________________

NAME

_____________________________________________

_____________________________________________

_____________________________________________

TITLE (if any)

_____________________________________________

_____________________________________________

_____________________________________________

4) Other trade name(s) under which the retransmitter does business:

______________________________________________

5) Address of the retransmitter’s principal place of business:

Street Address: _______________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

6) Address where you wish to receive notices (if different from above):

Street Address: _______________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

7) Contact person for this system:

Name: __________________________________

Title: _______________________________________________

Tel. No.: ______________________

Fax No.: __________________________

Email: ________________________

8) If other retransmitters receive one or more distant radio signals from the system, please attach a list showing their names and addresses, as well as the call letters of the signals they receive.

(NO ANSWER IS REQUIRED IN THE CASE OF AN UNSCRAMBLED LPTV OR AN UNSCRAMBLED MDS.)

9) SERVICE AREA OR LOCATION

(NO ANSWER IS REQUIRED IN THE CASE OF A DTH.)

(a) IN THE CASE OF AN UNSCRAMBLED LPTV OR AN UNSCRAMBLED MDS: please provide a description of the location of the LPTV or the MDS.

(b) IN THE CASE OF A MATV SYSTEM: please provide the address where the system is located.

Street Address: _________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

Please also provide the address of any other building which is served by the MATV system.

Street Address: _________________________________________

City: __________________________

Province: ___________________

Postal Code: _______ _______

(c) IN THE CASE OF ANY OTHER SYSTEM: please provide a precise description of the area served by the system. Please also provide a copy of any map filed with the CRTC describing or containing that area that was not previously provided to the collective, as well as the date when the most recent map was filed.

10) Basic monthly fee charged within the system, net of taxes: _______________

(NO ANSWER REQUIRED IN THE CASE OF AN UNSCRAMBLED LPTV OR UNSCRAMBLED MDS.)

FORM 2 (RADIO)

SMALL RETRANSMISSION SYSTEMS DECLARATION
(Radio Tariff, section 12)

THIS FORM IS TO BE COMPLETED ONLY FOR SMALL RETRANSMISSION SYSTEMS. PLEASE SEE SECTIONS 2 AND 4 OF THE RADIO RETRANSMISSION TARIFF FOR THE DEFINITION OF SMALL RETRANSMISSION SYSTEM.

NAME OF THE SYSTEM: ________________________________________

YEAR FOR WHICH THIS FORM APPLIES: ____________

UNLICENSED SYSTEMS

If the system is not licensed by the CRTC:

(a) Under what exemption order does the system operate? PN # ____________, and

(b) On what date did the system begin operating as an exempt system? ____________

A) GENERAL

PLEASE ANSWER THE QUESTIONS THAT APPLY TO THIS RETRANSMISSION SYSTEM.

1. Did the system retransmit a distant signal on December 31 of the previous year?

____________

If NO, do not answer questions 2 through 6 and answer question 7.

2. Was the system included in a unit on December 31, 1993? ____________

If YES, do not answer question 3 and go to question 4.

3. Was the system included in a unit on December 31 of the previous year? ____________

If YES, do not answer question 4 and go to question 5.

4. On December 31 of the previous year, did the system serve 2,000 premises or less?

____________

If YES, indicate that number: ____________. Do not answer questions 5 to 7.

If NO, do not answer question 5. Complete the table in question 6 by using the number of premises served by the system on the last day of each month of the previous year during which the system retransmitted a distant signal. Do not answer question 7.

5. On December 31 of the previous year, did the unit serve 2,000 premises or less?

____________

If YES, indicate the number: ____________. Do not answer questions 6 and 7.

If NO, complete the table in question 6 by using the number of premises served by all cable retransmission systems in the unit on the last day of each month of the previous year in which (a) the composition of the unit was the same as on December 31, AND (b) the system retransmitted a distant signal. Do not answer question 7.

6. Please complete the following table if you answered NO to question 4 or to question 5.

As of the last day of each month
during the previous year

Number of premises served

January

 

February

 

March

 

April

 

May

 

June

 

July

 

August

 

September

 

October

 

November

 

December

 

Total

 

Average
(Divide total by the number of months for
which information is required to be provided)

 

7. Answer this question only if you answered NO to question 1.

Was the system included in a unit on the last day of the first month in which it retransmitted a distant signal this year? ____________

If YES, how many premises were served by all cable retransmission systems in the unit
on that day? ____________

If NO, how many premises did the system serve on that day? ____________

A SYSTEM IS A SMALL RETRANSMISSION SYSTEM IF YOU ANSWERED YES TO QUESTIONS 4 OR 5, IF THE AVERAGE IN QUESTION 6 IS 2,000 OR LESS, OR IF THE NUMBER OF PREMISES SERVED INDICATED IN ANSWER TO QUESTION 7 IS 2,000 OR LESS.

B) IF THE SYSTEM IS A MASTER ANTENNA SYSTEM LOCATED WITHIN THE SERVICE AREA OF ANOTHER CABLE RETRANSMISSION SYSTEM, please also complete the following declaration:

I confirm that _____________________________________ (system name) is

located within the service area

of ______________________________ (name of cable retransmission system) which as of

________________________________ (relevant date) served no more than

2,000 premises in its service area.

______________________________________________________________________

(Signature)

______________________________________________________________________

(Name and Title)

Date: __________________________________

C) INFORMATION ABOUT PREMISES SERVED

Please provide the following information as of (i) December 31 of the previous year, if the system retransmitted a distant radio signal on that day, or (ii) the last day of the month in which the system first retransmitted a distant radio signal in THIS year, if the system did not retransmit a distant radio signal on December 31 of the previous year.

Residential Units

Health Care Facilities

Hotels

Educational Institutions

Others

All Premises

Numbers of premises served

           

Number of premises receiving at least one distant radio signal

           

D) ROYALTY SHARE OF EACH COLLECTIVE SOCIETY

38.635 per cent of the royalty is payable to CBRA, 11.365 per cent to CRRA and 50 per cent to SOCAN. These amounts are net of any interest that may be owed on late payments, as well as of any applicable federal or provincial taxes, including GST/HST/QST.

E) INFORMATION ABOUT THE UNIT

1. Please complete this table if you answered YES to question 2, i.e. if the system was in a unit on December 31, 1993.

Names of all the retransmission systems in the unit on December 31, 1993

Names of the persons (including corporations) or groups of persons who own or who directly or indirectly control the systems included in the unit

Explain the nature of the control exercised (e.g. the percentage of voting shares directly or indirectly held by the persons exercising the control or by the members of the controlling group)

     
     
     
     
     
     

2. Please complete this table if you answered YES to questions 2, 3, or 7.

If the system was part of a unit on December 31 of the previous year, please provide the information as of that date. If not, please state the date on which the system became part of a unit and provide the information as of the last day of that month.

Date as of which the information is being provided: ____________________________

Names of all the retransmission systems in the unit

Names of the persons (including corporations) or groups of persons who own or who directly or indirectly control the systems included in the unit

Explain the nature of the control exercised (e.g. the percentage of voting shares directly or indirectly held by the persons exercising the control or by the members of the controlling group)

     
     
     
     
     
     

FORM 3 (RADIO)

INFORMATION ABOUT PREMISES SERVED
ROYALTY CALCULATION FOR _______________________ (relevant date)

IF YOU CARRY AT LEAST ONE DISTANT RADIO SIGNAL, PLEASE USE THIS FORM TO CALCULATE THE ROYALTY OWED.

UNSCRAMBLED LPTVSs AND UNSCRAMBLED MDSs PAY A FLAT RATE OF $12.50 PER YEAR, AND NEED NOT CALCULATE THEIR ROYALTIES.

ALL SYSTEMS, WHETHER OR NOT THEY CARRY A DISTANT RADIO SIGNAL, ARE REQUESTED TO COMPLETE LINES 1, 7, 8 AND 9. SMALL RETRANSMISSION SYSTEMS SHOULD USE FORM 2.

NAME OF THE SYSTEM: _______________________________________

Type of Premises

Residential Units

Health Care Facilities

Hotels

Educational Institutions

Others

All Premises

1

Number of premises served as of December 31 of the previous year

           

2

Retransmission royalty rate per premises

12¢

12¢

12¢

12¢

12¢

n/a

3

Gross royalty amount
[line 1 ´ line 2]

         

n/a

4

Adjustment factor for certain types of premises

1

0.25

0.6

0.25

1

n/a

5

Number of premises for which the Francophone market discount is being claimed

         

n/a

6

Net royalty amount [line 3 ´ line 4 – (line 5 ´ 50%)]

           

7

Number of premises authorized to receive radio signals

           

8

Number of premises authorized to have more than one outlet

           

9

Number of premises authorized to have more than two outlets (if known)

           

The royalty payable is based on the total number of premises of all types served, whether or not these premises receive a distant radio signal, and whether or not subscribers subscribe to the radio service.

The total amount of royalty owed is the total of the amounts listed in line 6.

38.635 per cent of the royalty is payable to CBRA, 11.365 per cent to CRRA and 50 per cent to SOCAN. These amounts are net of any interest that may be owed on late payments, as well as of any applicable federal or provincial taxes, including the GST/HST/QST.

FORM 4 (RADIO)

RADIO SERVICE INFORMATION AS OF _________________________________ (relevant date) (Radio Tariff, paragraph 11(k))

PLEASE PROVIDE THE FOLLOWING INFORMATION FOR ALL RADIO SERVICES SUPPLIED TO SUBSCRIBERS, WHETHER OR NOT THEY ARE BROADCAST SERVICES.

Call Letters/Name of the Signal or Service

Call Letters of Mother Signal (if signal carried is a repeater)

Frequency Band

Network Affiliation

Any Other Name Under Which the Signal is Known

City and Province or State Where Signal Originated

Is the Signal Distant (D), Partially Distant (PD), Local (L) or “Unknown” (U)? (see footnote 15)

             
             
             
             
             
             
             
             
             

FORM 5 (RADIO)

REPORT FOR CABLE RETRANSMISSION SYSTEMS OPERATING IN A FRANCOPHONE MARKET AND SCRAMBLED MDS TRANSMITTERS LOCATED IN A FRANCOPHONE MARKET
(Radio Tariff, sections 8 and 17)

NAME OF SYSTEM:

 

I. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — CABLE RETRANSMISSION SYSTEM

For each city, town or municipality wholly or partly within the system’s service area, provide the following information.

NOTE: The population for the whole city, town or municipality must be used in column (C), even if the cable retransmission system’s service area includes only part of that city, town or municipality.

If the total of column (B) is more than 50 per cent of the total of column (C), the system is in a Francophone market.

If the cable retransmission system is in the Province of Quebec, or if the total of column (B) is more than 50 per cent of the total of column (C), the cable retransmission system is in a Francophone market.

Cable retransmission systems whose service area includes all or part of any of the localities listed in paragraph 8(2)(b) of the Radio Tariff are only required to complete column (A).

(A) Name of the City, Town or Municipality

(B) Population Claiming French as Their Mother Tongue According to the Most Recent Statistics Canada Figures

(C) Total Population According to the Most Recent Statistics Canada Figures

(D) Total Number of Premises in Each System in the City, Town or Municipality

(E) Number of Premises out of the Total in (D) that are Ineligible for the Francophone Market Discount Pursuant to Subsection 8(3) of the Radio Tariff

         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

II. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — SCRAMBLED MDS

If eligibility for the Francophone market discount is claimed with respect to premises receiving distant signals from any transmitter operated by this system, please complete this table for each such transmitter. For each transmitter which is eligible under paragraph 8(2)(a) or (b) of the Radio Tariff, complete only (A), (D) and (E). For each transmitter which is eligible under paragraph 8(2)(c) of the Radio Tariff, complete (A), (B), (C), (D) and (E).

If the total of (B) is more than 50 per cent of (C), the premises served by this transmitter are deemed to be located in a Francophone market.

(A) Name of the City, Town or Municipality and Province Where this Transmitter is Located

(B) Population of that City, Town or Municipality Claiming French as Their Mother Tongue, According to the Most Recent Statistics Canada Figures

(C) Population of that City, Town or Municipality, According to the Most Recent Statistics Canada Figures

(D) Total Number of Premises in Each System in the City, Town or Municipality

(E) Number of Premises out of the Total in (D) that are Ineligible for the Francophone Market Discount Pursuant to Subsection 8(3) of the Radio Tariff

         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

FORM 6 (RADIO)

SYSTEMS REPORTED BY THE SAME RETRANSMITTER
(Radio Tariff, section 19)

Name of the System
(as reported on Form 1 for that System)

Service Area

   
   
   
   
   
   
   
   
   

FORM 7 (RADIO)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Radio Tariff, section 22)

A COLLECTIVE SOCIETY IS ENTITLED TO ASK THAT THIS FORM BE COMPLETED IF THERE ARE BUILDINGS CONTAINING PREMISES FOR WHICH YOU CLAIM A DISCOUNT UNDER SECTION 9 OF THE TARIFF (ROOMS IN HOTELS, HEALTH INSTITUTIONS AND EDUCATIONAL INSTITUTIONS).

Please give the address of each building containing premises of the type indicated, as well as the number of premises served in each building.

NAME OF SYSTEM: ______________________________________

DATE AS OF WHICH THE REPORT IS BEING MADE: _______________________________

HOTEL ROOMS (this includes motel rooms)

Address

Number of Rooms Served

   
   
   

PREMISES IN HEALTH INSTITUTIONS

Address

Number of Rooms Served

   
   
   

PREMISES IN EDUCATIONAL INSTITUTIONS

Address

Number of Rooms Served

   
   
   
  • Footnote 1
    Column C - Column D + Column E + Column F
  • Footnote 2
    See sections 6 to 9 of the tariff. Generally speaking, the rate for cable retransmission systems is based on the total number of premises of all types served within the service area in which the system is located, whether or not these premises receive a distant television signa. Please consult the relevant provisions of the tariff to ensure that you use the correct rate.
  • Footnote 3
    The number in line 3 should be the same as the total of lines 5, 7, 9, 11, 13 and 15.
  • Footnote 4
    See paragraph 12(1)(a) of the tariff.
  • Footnote 5
    See paragraph 12(1)(b) of the tariff.
  • Footnote 6
    See section 11 of the tariff.
  • Footnote 7
    See paragraph 12(2)(a) of the tariff.
  • Footnote 8
    See paragraph 12(2)(b) of the tariff.
  • Footnote 9
    The number in line 21 should be the same as the total of lines 22, 24 and 26.
  • Footnote 10
    See paragraph 12(1)(a) of the tariff.
  • Footnote 11
    See paragraph 12(1)(b) of the tariff.
  • Footnote 12
    The total amount of royalty owed is the total of the amounts listed in line 31.
  • Footnote 13
    Column C - Column D + Column E + Column F
  • Footnote 14
    This information is not required for an unscrambled LPTV or an unscrambled MDS.
  • Footnote 15
    “Unknown” indicates that a technical analysis is required to determine whether the signal is distant, partially distant or local.