Canada Gazette, Part I, Volume 153, Number 31: COPYRIGHT BOARD

August 3, 2019

COPYRIGHT BOARD

Statement of Royalties to Be Collected for the Retransmission of Distant Television Signals

In accordance with section 70.1 (formerly subsection 73(3)) of the Copyright Act, the Copyright Board has approved and hereby publishes the statement of royalties to be collected for the retransmission of distant television signals, in Canada, for the years 2014 to 2018.

Ottawa, August 3, 2019

Gilles McDougall
Secretary General

56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613‑952‑8624 (telephone)
613‑952‑8630 (fax)
gilles.mcdougall@cb-cda.gc.ca (email)

STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT TELEVISION SIGNALS IN CANADA, 2014-2018

Short Title

1. This tariff may be cited as the Television Retransmission Tariff, 2014-2018.

Definitions

2. In this tariff,

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

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

(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 an LPTV or MDS whose signals are not scrambled shall be $100 a year and shall be due

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 for each year shall be calculated as follows:

Number of premises Monthly rate for each premises receiving one or more distant signals (dollars)

2014

2015

2016-2018

Up to 1,500

0.49

0.57

0.60

1,501–2,000

0.54

0.62

0.65

2,001–2,500

0.60

0.68

0.71

2,501–3,000

0.66

0.74

0.77

3,001–3,500

0.71

0.79

0.82

3,501–4,000

0.77

0.85

0.88

4,001–4,500

0.83

0.91

0.94

4,501–5,000

0.89

0.97

1.00

5,001–5,500

0.94

1.02

1.05

5,501–6,000

1.00

1.08

1.11

6,001 and over

1.06

1.14

1.17

Francophone Markets

9. (1) Royalties payable under section 6 for a cable retransmission system located in a Francophone market and in respect of premises receiving scrambled signals from an MDS retransmission system 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 an MDS retransmission system is deemed to be located in a Francophone market if

(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

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

Discount for “Duplicate” Network Distant Signal

12. (1) Subject to subsection (2), the royalty payable under section 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

(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

Discount for Certain Non-Residential Premises

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

Allocation of the Retransmission Royalty

14. (1) For the years 2014 and 2015, a retransmitter shall pay to the collective societies the following portions of the royalty:

BBI

0.96%

CBRA

13.50%

CCC

53.38%

CRC

14.85%

CRRA

9.76%

DRTVC

0.70%

FWS

3.25%

MLB

0.80%

SOCAN

2.80%

(2) For the years 2016 to 2018, a retransmitter shall pay to the collective societies the following portions of the royalty:

BBI

1.13%

CBRA

10.72%

CCC

54.13%

CRC

16.10%

CRRA

10.65%

DRTVC

0.64%

FWS

3.68%

MLB

0.15%

SOCAN

2.80%

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:

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:

Reporting Requirements: LPTVs and MDSs

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

(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: Master Antenna 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 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 (including a master antenna system but excluding 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 such other cable retransmission system.

Additional Reporting Requirements: Francophone Markets

21. A retransmitter who operates a cable retransmission system or an 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,

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) If the retransmitter has filed a map with the CRTC of the service area within which the system is located, the retransmitter shall provide to a collective society upon request a copy of the most recent map so filed.

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

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

27. (1) Subject to the provisions of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, a retransmitter shall keep and preserve until December 31, 2024, 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, 2024, 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)

(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

Delivery of Notices and Payments

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

(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 email or by fax 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

35. (1) The table of interest rates shall apply for all payments of additional royalties made on or before the settlement date; thereafter, payments of additional royalties shall be treated as late and subject to section 30 of this tariff.

(2) Additional royalties shall bear interest from the date that the additional royalties would have been due had this tariff been approved prior to January 1, 2014, to the date of the payment of the additional royalties. Interest shall be calculated daily, at an annual interest rate equal to the Bank Rate, as amended from time-to-time, on the last day of the previous month. Interest shall not compound.

(3) The interest rates in the table of interest rates are the Bank Rates published on the last Wednesday of each month at the time of approval of this tariff. The interest rates for June 2019 to the settlement date will be published on the Bank of Canada website.

(4) The table of interest rates is

 

2014

2015

2016

2017

2018

2019

January

1.25

1.00

0.75

0.75

1.50

2.00

February

1.25

1.00

0.75

0.75

1.50

2.00

March

1.25

1.00

0.75

0.75

1.50

2.00

April

1.25

1.00

0.75

0.75

1.50

2.00

May

1.25

1.00

0.75

0.75

1.50

2.00

June

1.25

1.00

0.75

0.75

1.50

TBA

July

1.25

0.75

0.75

1.00

1.75

TBA

August

1.25

0.75

0.75

1.00

1.75

TBA

September

1.25

0.75

0.75

1.25

1.75

TBA

October

1.25

0.75

0.75

1.25

2.00

 

November

1.25

0.75

0.75

1.25

2.00

 

December

1.25

0.75

0.75

1.25

2.00

 

36. (1) Additional royalties shall be paid on or before the settlement date, together with the interest provided for in section 35.

(2) Reports required under sections 15 through 24 of this tariff related to the additional royalties are due on or before the settlement date.

(3) All additional royalties and interest, and any other royalty or adjustment paid or deducted by or before the settlement date, shall be paid according to the old allocation.

(4) Notwithstanding subsection (3) of this section, all additional royalties not paid by the settlement date, and associated interest, shall be paid according to the allocations in section 14 of this tariff.

37. (1) After having consulted all the Collectives, based on a mutually agreed-upon date or dates (“reallocation dates”), CRC shall provide to the Collectives a final statement indicating the amounts due to a receiving collective as a result of the difference between the new allocation and the old allocation.

(2) The amounts in subsection (1) shall be calculated in two steps as follows: (step 1) for 2016 through 2018, paying collectives will make reallocation payments to receiving collectives in respect of royalties paid by retransmitters using the rates set out in the Interim Tariff, based on the difference between the old allocation and the new allocation, together with simple interest calculated from the original due date of the relevant royalties under the Interim Tariff, to the agreed reallocation date of the payment, and; (step 2) for 2016 through 2018, paying collectives will make further reallocation payments to receiving collectives in respect of additional royalties and associated interest paid by retransmitters by or before the settlement date, based on the difference between the old allocation and the new allocation, together with simple interest calculated from the payment date of the additional royalties and interest by the retransmitter to the agreed-upon reallocation date of the payment. For the purposes of the interest calculations, the calculation rules set out in section 35 relating to interest on additional royalties shall apply, as will the interest rates provided for in section 35(4) and 35(3) of this tariff.

(3) All payments to be made pursuant to the final statements referred to in subsection (1) are due by the reallocation dates, which shall not be later than January 31, 2020.

(4) Any required payments not made by the reallocation dates shall be treated as late and subject to payment of interest in accordance with section 30 of this tariff.

APPENDIX A: COLLECTIVE SOCIETIES

TELEVISION TARIFF 2014-2018

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)
bbimsmith@yahoo.com (email)

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 (CBRA)
4115 Canyon Walk Drive
Ottawa, Ontario
K1V 1P8
613‑822‑1112 (telephone)
613‑822‑7588 (fax)
Erin_cbra@rogers.com (email)

FWS Joint Sports Claimants Inc. (FWS)
c/o Piasetzki Nenniger Kvas LLP
Barristers and Solicitors
120 Adelaide Street W
Suite 2308
Toronto, Ontario
M5H 1T1
416‑955‑0050 (telephone)
416‑955‑0053 (fax)
gpiasetzki@pnklaw.ca (email)

Canadian Retransmission Collective (CRC)
74 The Esplanade
Toronto, Ontario
M5E 1A9
416‑304‑0290 (telephone)
416‑304‑0496 (fax)
info@crc-scrc.ca (email)

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)
crra@cbc.ca (email)

Society of Composers, Authors and Music Publishers of Canada (SOCAN)
41 Valleybrook Drive
Toronto, Ontario
M3B 2S6
416‑445‑8700 (telephone)
416‑442‑3829 (fax)
licence@socan.ca (email)

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

APPENDIX B

FORMS — TELEVISION

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

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;

SCRAMBLED MDS;

UNSCRAMBLED LPTV;

CABLE SYSTEM;

OTHER (PLEASE SPECIFY)

3) Name of the retransmitter:

NAME

TITLE

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 the retransmitter has filed with the CRTC a map of the service area within which the system is located, please provide the date when the most recent map was filed.

9) 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.)

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

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

11) 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) 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) IF A MASTER ANTENNA SYSTEM IS NOT LOCATED WITHIN THE SERVICE AREA OF ANOTHER CABLE RETRANSMISSION SYSTEM, please also complete the following declaration:

I confirm that (system name) is not located within the service area
of any other cable retransmission system.

(Signature)

(Name and Title)

Date:

D) 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

           

E) 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
(7%)

Column G
Total table 10 note 1

BBI

1.13

     

n/a

 

CBRA

10.72

 

n/a

     

CCC

54.13

 

n/a

     

CRC

16.10

 

n/a

     

CRRA

10.65

 

n/a

     

DRTVC

0.64

 

n/a

     

FWS

3.68

 

n/a

     

MLB

0.15

 

n/a

     

SOCAN

2.80

 

n/a

     

TOTAL

           

Table 10 note(s)

Table 10 note 1

Column C − Column D + Column E + Column F

Return to table 10 note 1 referrer

F) 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 question 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 LPTV AND UNSCRAMBLED MDS 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 table 13 note 1

         

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 table 13 note 2

           

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 table 13 note 3

           

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 table 13 note 4

           

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 table 13 note 5

           

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 table 13 note 6

           

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 table 13 note 7

           

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 table 13 note 8

           

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 table 13 note 9

           

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 table 13 note 10

           

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 table 13 note 11
[line 19 + line 30]

           

Table 13 note(s)

Table 13 note 1

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 signal. Please consult the relevant provisions of the tariff to ensure that you use the correct rate.

Return to table 13 note 1 referrer

Table 13 note 2

The number in line 3 should be the same as the total of lines 5, 7, 9, 11, 13 and 15.

Return to table 13 note 2 referrer

Table 13 note 3

See paragraph 12(1)(a) of the tariff.

Return to table 13 note 3 referrer

Table 13 note 4

See paragraph 12(1)(b) of the tariff.

Return to table 13 note 4 referrer

Table 13 note 5

See section 11 of the tariff.

Return to table 13 note 5 referrer

Table 13 note 6

See paragraph 12(2)(a) of the tariff.

Return to table 13 note 6 referrer

Table 13 note 7

See paragraph 12(2)(b) of the tariff.

Return to table 13 note 7 referrer

Table 13 note 8

The number in line 21 should be the same as the total of lines 22, 24 and 26.

Return to table 13 note 8 referrer

Table 13 note 9

See paragraph 12(1)(a) of the tariff.

Return to table 13 note 9 referrer

Table 13 note 10

See paragraph 12(1)(b) of the tariff.

Return to table 13 note 10 referrer

Table 13 note 11

The total amount of royalty owed is the total of the amounts listed in line 31.

Return to table 13 note 11 referrer

The share of each collective society for the tariff years 2014-2015 is as follows:

Column A
Collective
Society

Column B
%

Column C
Royalty Amount

Column D
Withholding Tax
(10%)

Column E
Interest

Column F
GST
(7%)

Column G
Total table 14 note 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

           

Table 14 note(s)

Table 14 note 1

Column C − Column D + Column E + Column F

Return to table 14 note 1 referrer

The share of each collective society for the tariff years 2016-2018 is as follows:

Column A
Collective
Society

Column B
%

Column C
Royalty Amount

Column D
Withholding Tax
(10%)

Column E
Interest

Column F
GST
(7%)

Column G
Total table 15 note 1

BBI

1.13

     

n/a

 

CBRA

10.72

 

n/a

     

CCC

54.13

 

n/a

     

CRC

16.10

 

n/a

     

CRRA

10.65

 

n/a

     

DRTVC

0.64

 

n/a

     

FWS

3.68

 

n/a

     

MLB

0.15

 

n/a

     

SOCAN

2.80

 

n/a

     

TOTAL

           

Table 15 note(s)

Table 15 note 1

Column C − Column D + Column E + Column F

Return to table 15 note 1 referrer

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) table 16 note 1

                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 

Table 16 note(s)

Table 16 note 1

This information is not required for an unscrambled LPTV or an unscrambled MDS.

Return to table 16 note 1 referrer

FORM 5 (TELEVISION)

REPORT FOR CABLE RETRANSMISSION SYSTEMS OPERATING IN A FRANCOPHONE MARKET AND SCRAMBLED MDS TRANSMITTERS LOCATED IN A FRANCOPHONE MARKET

(Television Tariff, section 9 and section 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 system’s service area includes only part of that city, town or municipality.

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).

If the 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 system is in a Francophone market.

(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(3)(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 IN 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(3)(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(3) TO ASK FOR THE FOLLOWING FORM TO BE COMPLETED FOR EACH COMBINATION 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