Possible Amendments to the Definition of "Small Cable Transmission System" Regulations (SOR/94-755)

Note: This draft document is for working purposes only. It has not been prepared by the Department of Justice.

Regulations Defining "Small Cable Transmission System" for the Purpose of Subsection 67.2(1.1) 68.1(4) of the Copyright Act

Short Title

1. These Regulations may be cited as the Definition of "Small Cable Transmission System" Regulations.

Interpretation

2. In these Regulations,

"licence" means a licence issued under paragraph 9(1)(b) of the Broadcasting Act authorizing the licensee to carry on a broadcasting receiving undertaking that distributes programming services to premises by means of signals that are transmitted by cable; (licence)

"licensed area" means the area within which a licensee is authorised, under its licence, to provide services; (zone de desserte)

"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)

"service area" means an area in which premises lawfully served by the cable transmission system are located.

Small Cable Transmission System

3. (1) Subject to subsections (2) to (4) and section 4, for the purpose of subsection 67.2(1.1) 68.1(4) of the Copyright Act, "small cable transmission system" means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same licensed service area.

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

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

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

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

(4) Subsection (2) does not apply to a cable transmission 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 transmission system that is a master antenna system located within the licensed service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that licensed service area.