Definition of “Small Retransmission Systems” Regulations

SOR/89-255COPYRIGHT ACT
Registration 1989-05-09
Definition of “Small Retransmission Systems” Regulations
P.C. 1989-826 1989-05-09Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs and the Minister of Communications, pursuant to subsection 70.64(2)Footnote * of the Copyright Act, is pleased hereby to make the annexed Regulations defining small retransmission systems for the purpose of subsection 70.64(1) of the Copyright Act.
Return to footnote *S.C. 1988, c. 65, s. 651 [Repealed, SOR/2005-147, s. 2]

Definitions

2 In these Regulations,

licence
licence[Repealed, SOR/2005-147, s. 3]
licensed area
licensed area[Repealed, SOR/2005-147, s. 3]
premises

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
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)

SOR/94-754, s. 1;
SOR/2005-147, s. 3.

Small Retransmission System

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.

SOR/94-754, s. 1;
SOR/2005-147, s. 4.

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.

SOR/94-754, s. 1;
SOR/2005-147, s. 5.