Vol. 147, No. 14 — July 3, 2013

Registration

SOR/2013-137 June 18, 2013

BROADCASTING ACT

Regulations Amending the Broadcasting Distribution Regulations

Whereas, pursuant to subsection 10(3) of the Broadcasting Act (see footnote a), a copy of the proposed Regulations Amending the Broadcasting Distribution Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on January 5, 2013, and a reasonable opportunity was given to licensees and other interested persons to make representations to the Canadian Radio-television and Telecommunications Commission with respect to the proposed Regulations;

Therefore, the Canadian Radio-television and Telecommunications Commission, pursuant to subsection 10(1) of the Broadcasting Act (see footnote b), makes the annexed Regulations Amending the Broadcasting Distribution Regulations.

Gatineau, Quebec, June 17, 2013

JOHN TRAVERSY
Secretary General
Canadian Radio-television and
Telecommunications Commission

REGULATIONS AMENDING THE BROADCASTING DISTRIBUTION REGULATIONS

AMENDMENTS

1. Section 1 of the Broadcasting Distribution Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“exempt Category B service” means a programming service that is offered by an exempt programming undertaking of the class defined by the criteria that are set out in the order entitled Exemption order respecting certain programming undertakings that would otherwise be eligible to be operated as Category B services, made by the Commission under subsection 9(4) of the Act and set out in Appendix 1 to Broadcasting Order CRTC 2012-689, dated December 19, 2012. (service de catégorie B exempté)

2. Section 5 of the Regulations is replaced by the following:

5. Except as otherwise provided under a condition of its licence or these Regulations, no licensee shall provide a subscriber with any programming services, other than pay-per-view services, video-on-demand services or the programming services of exempt programming undertakings excluding exempt Category B services, without also providing the basic service of the licensee.

3. (1) The portion of subsection 19(2) of the Regulations before paragraph (a) is replaced by the following:

(2) In addition to the meaning assigned by section 1, for the purposes of subsections (3) and (3.1), a Category B service includes

(2) Section 19 of the Regulations is amended by adding the following after subsection (5):

(6) Subsection (5) does not apply in respect of the distribution of an exempt Category B service by a related exempt programming undertaking.

4. Subsections 26(1) and (2) of the Regulations are replaced by the following:

26. (1) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee may distribute, on a stand-alone basis, a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service, a religious exempt Category B service or a religious authorized non-Canadian programming service.

(2) Except as otherwise provided in subsection (3) or under a condition of its licence, a licensee shall not distribute a single point-of-view religious pay television service, a limited point-of-view religious pay television service, a religious specialty service, a religious exempt Category B service or a religious authorized non-Canadian programming service in a package of programming services unless the other services in the package are one or more of those types of services.

COMING INTO FORCE

5. These Regulations come into force on the day on which they are registered.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

The purpose of these amendments is to ensure that certain provisions governing the distribution of programming services by broadcasting distribution undertakings (BDUs) apply to exempt Category B services.