Supplement, Vol. 134, No. 27 — July 1, 2000

COPYRIGHT BOARD

FILE: Retransmission 2001-2003

Statements of Proposed Royalties to be Collected for the Retransmission of Distant Radio and Television Signals, in Canada, in 2001, 2002 and 2003

In accordance with subsection 72(1) of the Copyright Act, the Copyright Board hereby publishes the statements of proposed royalties filed by the following collective societies on March 31, 2000, with respect to the royalties they propose to collect, effective January 1, 2001, for the retransmission of distant radio and television signals in Canada.

For television signals, the following collective societies:

— Border Broadcasters, Inc.

— Canadian Broadcasters Rights Agency Inc.

— Canadian Retransmission Collective

— Canadian Retransmission Right Association

— Copyright Collective of Canada

— FWS Joint Sports Claimants, Inc.

— Major League Baseball Collective of Canada, Inc.

— Society of Composers, Authors and Music Publishers of Canada

For radio signals, the following collective societies:

— Canadian Broadcasters Rights Agency Inc.

— Canadian Retransmission Right Association

— Society of Composers, Authors and Music Publishers of Canada

In accordance with the provisions of the same subsection, the Board hereby gives notice that all prospective retransmitters or their representatives who wish to object to the statements may file written objections with the Board, at the address indicated below, within 60 days of the present publication, that is no later than August 30, 2000.

Ottawa, July 1, 2000

CLAUDE MAJEAU
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)
cb-cda@smtp.gc.ca (Electronic mail)

STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT TELEVISION SIGNALS, IN CANADA, DURING 2001, 2002 AND 2003

This Statement of Royalties is submitted on behalf of the collective societies listed in Appendix A (hereinafter collectively called "collective societies").

The collective societies submit this tariff on a joint basis.

Short Title

This tariff may be cited as the Television Retransmission Tariff, 2001-2003.

Definitions

2. In this tariff,

"CRTC" means the Canadian Radio-television and Telecommunications Commission; (CRTC)

"distant signal" has the meaning attributed to it in paragraph 3(b) of the Local Signal and Distant Signal Regulations, SOR/89-254, (Canada Gazette, Part II, Vol. 123, page 2579) which reads:

" 'distant signal' means a signal that is not a local signal."; (signal éloigné)

"licence" has the meaning attributed to it in section 2 of the Definition of Small Retransmission Systems Regulations, SOR/89-255, (Canada Gazette, Part II, Vol. 123, page 2588) as amended by SOR/94-754 (Canada Gazette, Part II, Vol. 128, page 4091), which reads:

" '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 retransmitted by cable or Hertzian waves;" (licence)

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

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

"local signal" has the meaning attributed to it in paragraph 3(a) of the Local Signal and Distant Signal Regulations, and corresponds to a signal received in premises (or, in the case of a terrestrial retransmission system utilizing Hertzian waves, at the site of the transmitter) located within a television station's area of transmission (as defined in section 2 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 1990); (TVFP)

"MDS" means a multichannel multipoint distribution system and includes all transmitters which retransmit to subscribers of that system at least one signal either directly or indirectly derived from a common headend or some other common facility; (SDM)

"network" means the Société Radio-Canada, the Canadian Broadcasting Corporation, the CTV Television Network, the Réseau de télévision TVA, the Réseau de télévision Quatre Saisons, the ABC Network, the CBS Network, the NBC 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, which reads:

" 'premises' means

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

"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" has the meaning attributed to it 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, for the purpose of subsection 70.64(1)(see footnote 1) of the Copyright Act, '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 licensed 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 licensed areas are each less than 5 km distant, at some point, from at least one other among them, and those licensed areas would constitute a series of contiguous licensed 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 located within the licensed area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that licensed area; (petit système de retransmission)

"TVRO" means a Television Receive Only Earth Station designed for the reception of signals transmitted by satellite; (TVRO)

"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;

(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 an LPTV whose signals are not scrambled or an 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;

(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.

DTH Systems

6. The royalty for a DTH system shall be payable monthly for each TVRO it serves on the last day of any given month, and shall be due on the last day of the following month.

Other Retransmission Systems

7. (1) The royalty for any other retransmission system (including a scrambled MDS) 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 no later than the last day of the following month.

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

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

(a) the rate of royalty applicable to the number of premises served by it; and

(b) the rate of royalty applicable to the other cable retransmission system.

Unauthorized Reception of Retransmitted Signals

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

Rates

9. Royalties payable under sections 6 or 7 shall be calculated as follows:

Number of premises or TVROs	Monthly rate for each premises or TVRO receiving one or more distant signals
up to 1,500	20 cents
1,501-2,000	25 cents
2,001-2,500	30 cents
2,501-3,000	35 cents
3,001-3,500	40 cents
3,501-4,000	45 cents
4,001-4,500	50 cents
4,501-5,000	55 cents
5,001-5,500	60 cents
5,501-6,000	65 cents
6,001 and over	70 cents

Francophone Markets

10. (1) Royalties payable under section 7 for a cable retransmission system located in a Francophone market and in respect of premises receiving scrambled signals from an MDS transmitter located in a Francophone market shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under section 9.

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

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

(b) the system's licensed area encompasses, in whole or in part, the cities, towns or municipalities of

(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 by the system's licensed area, according to the most recent population figures published by Statistics Canada.

(3) An MDS transmitter shall be deemed to be located in a Francophone market if it is located:

(a) in the Province of Quebec;

(b) in any of the cities, towns or municipalities described in paragraph 2(b); or

(c) in any city, town or municipality in which the population of French mother tongue represents more than 50 per cent of the total population of such cities, towns or municipalities according to the most recent population figures published by Statistics Canada.

When a Signal Is Partially Distant

11. 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

12. The royalty payable under section 7 for premises receiving only a TVA distant signal shall be reduced by 95 percent 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

13. (1) Subject to subsection (2), the royalty payable under sections 7 or 10 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 7 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 12 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

14. 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: 75 per cent;

(b) rooms in hotels: 40 per cent;

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

Allocation of the Retransmission Royalty

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

(To be determined by the Copyright Board)

ADMINISTRATIVE PROVISIONS

Reporting Requirements: General

16. Subject to sections 17 to 24, 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,

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 telecopier number) 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) if the retransmitter has filed a map with the CRTC of the licensed area within which the system is located, if that map has not already been provided to the collective society, the date when the most recent map was so filed;

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

(h) the number of premises or TVROs 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:

(k) for each service or signal distributed:

Additional Reporting Requirements: Small Retransmission Systems

17. A retransmitter who operates a small retransmission system shall provide, in addition to the information required under section 16, 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 licensed 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 licensed area;

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

Reporting Requirements: Unscrambled LPTVs and Unscrambled MDSs

18. 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:

(a) the information referred to in paragraphs (a) to (c), (g) and (j) of section 16; and

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

Reporting Requirements: DTH Systems

19. A retransmitter who operates a DTH system 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 16.

Reporting Requirements: Scrambled LPTVs and Scrambled MDSs

20. A retransmitter who operates a scrambled LPTV or scrambled 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 16. A retransmitter who operates a scrambled MDS shall also provide, for each transmitter forming part of the MDS, the information set out in paragraphs (g) to (k) and a description of each transmitter's location (i.e. its latitude and longitude to the nearest second) and of the area in which it serves premises.

Additional Reporting Requirement: MATV Systems

21. A retransmitter who operates a master antenna system shall provide, in addition to the information required under section 16 or 17, 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 Requirement: Cable Retransmission Systems (other than Small Retransmission Systems) Located in the Licensed Area of Another Cable Retransmission System

22. A retransmitter who operates a cable retransmission system (including a master antenna system but excluding a small retransmission system) located within the licensed area of another cable retransmission system that retransmits a signal with or without a fee, to more than 2,000 premises in its licensed area shall provide, in addition to the information required under section 16, the name of such other cable retransmission system.

Additional Reporting Requirement: Francophone Markets

23. (1) A retransmitter who operates a cable retransmission system 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 16 or 21,

(a) the name of the city, town or municipality listed in paragraph 10(2)(b) which is encompassed in whole or in part in the licensed 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 licensed 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.

(2) A retransmitter who operates a scrambled MDS, which serves premises from a transmitter located in a Francophone market, shall provide, in addition to the information required under section 20

(a) the name of the city, town or municipality listed in paragraph 10(2)(b) in which the transmitter is located, or

(b) the name of the city, town or municipality in which the transmitter is located, with its total population and its population of French mother tongue, according to the most recent population figures published by Statistics Canada.

Additional Reporting Requirement: Multi-System Operators

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

Reporting Dates

25. (1) The information required under sections 16 to 24 shall be supplied as of December 31 of every year and shall be provided by January 31 of the following year.

(2) A retransmitter shall update the information provided in accordance with sections 16 to 24 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

26. The information required under sections 16 to 24 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

27. 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

28. (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 14.

(2) If the retransmitter has filed a map with the CRTC of the licensed 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) A retransmitter who operates a cable retransmission system shall provide a collective society, upon request, with

(a) a list of the postal codes within the licensed area of the cable retransmission system, as well as the number of residential premises served in the area of each postal code, provided that the collective society has not made such a request with regard to the system for at least 12 months;

(b) where a retransmitter claims that a signal is less than 100% distant in any part of the licensed area of the cable retransmission system, the postal codes in which the signal is received by premises served by that system and the postal codes in which the signal is claimed to be a distant signal, and the number of residential premises receiving that signal in each such postal code, provided that the collective society has not made such a request of that retransmitter with regard to that signal and that system for at least 12 months; and

(c) where a retransmitter claims that more than one tariff rate applies to residential premises served by it in the licensed area of the cable retransmission system, the number of residential premises receiving each combination of distant signals that is actually received in each postal code, provided that the collective society has not made such a request of that retransmitter with regard to that system for at least 12 months.

(4) A retransmitter who operates a scrambled MDS, and who claims that more than one tariff rate applies to residential premises served from any of that system's transmitters, shall provide a collective society, upon request, for each such transmitter, the number of residential premises receiving each distant signal and each combination of distant signals that is actually received in each postal code, provided that the collective society has not made such a request of that retransmitter with regard to that system for at least 12 months.

29. (1) A retransmitter shall keep and preserve until December 31, 2009, 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 these records at any time until December 31, 2009, 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

30. (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 any other collective society;

(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 ordered by law or by a court of 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

31. (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

32. (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 33 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 the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada) plus one per cent. Interest shall not compound.

Addresses for Notices, etc.

33. (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 16(d) or subsection 25(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

34. (1) A notice may be delivered by hand, by postage paid mail, by telegram or by telecopier.

(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 telegram or by telecopier shall be presumed to have been received the day it is transmitted.

Appointment of Designate

35. (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.

Categories of Works Claimed by Each Collective Society and Percentage of the Overall Royalties to which Each Collective Society Claims to Be Entitled

36. (1) The royalties stated in this Statement of Royalties are the aggregate royalties which retransmitters are obligated to pay to all the collective societies.

(2) Set out in Appendix C is a list of the category of works in respect of which each collective society asserts that it is entitled to collect royalties and the percentage of the overall royalties to which each collective society claims to be entitled. The inclusion of any category of works and the claim to any percentage of Appendix C is without prejudice to the right of any other collective society to challenge the entitlement of the relevant collective society to assert a claim to the relevant category of works either in whole or in part or its entitlement to the relevant percentage or any part thereof.

Miscellaneous

37. If required as a result of the date when the Statement of Royalties is certified by the Copyright Board, the Statement of Royalties shall contain such transitional provisions as the Copyright Board may consider to be appropriate. If appropriate, each collective society reserves the right to apply to the Copyright Board under section 66.51 of the Copyright Act for an Interim Decision that royalties shall continue to be payable pending such certification after December 31, 2000 on such terms as the Copyright Board considers appropriate and without prejudice to the ultimate certification by the Copyright Board of the Statement of Royalties.

APPENDIX A: COLLECTIVE SOCIETIES TELEVISION TARIFF

APPENDIX A: COLLECTIVE SOCIETIES TELEVISION TARIF
Border Broadcasters, Inc. (BBC) c/o Ms. Marcie Smith P.O. Box 2469A, Station A Toronto, Ontario M5W 2K6 (810) 827-9391 (Telephone) (810) 344-9346 (Facsimile)	Copyright Collective of Canada (CCC) 22 St. Clair Avenue East Suite 1603 Toronto, Ontario M4T 2S4 (416) 961-1888 (Telephone) (416) 968-1016 (Facsimile)
Canadian Broadcasters Rights Agency Inc. (CBRA) 155 Queen Street Suite 1301 Ottawa, Ontario K1P 6L1 (613) 232-4370 (Telephone) (613) 236-9241 (Facsimile)	FWS Joint Sports Claimants Inc. (FWS) c/o Piasetzki & Nenniger Barristers and Solicitors 120 Adelaide Street West Suite 2308 Toronto, Ontario M5H 1T1 (416) 955-0050 (Telephone) (416) 955-0053 (Facsimile)
Canadian Retransmission Collective (CRC) 20 Toronto Street, Suite 830 Toronto, Ontario M5C 2B8 (416) 304-0290 (Telephone) (416) 304-0496 (Facsimile)	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 (Facsimile)
Canadian Retransmission Right Association (CRRA) c/o Canadian Broadcasting Corporation 250 Lanark Avenue Ottawa, Ontario K1Z 6R5 (613) 724-5373 (Telephone) (613) 724-5453 (Facsimile)	Society of Composers, Authors and Music Publishers of Canada (SOCAN) 41 Valleybrook Drive Don Mills, Ontario M3B 2S6 (416) 445-8700 (Telephone) (416) 445-7108 (Facsimile)

APPENDIX B

TELEVISION FORMS

Form	description
Form 1:	General Information
Form 2:	Small Retransmission Systems Declaration
Form 3:	Information about Premises Served — Royalty Calculation
Form 4:	Television Service Information (n/a to scrambled MDSs)
Form 4A:	Television Service Information (scrambled MDSs)
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 16, 18, 19, 20, 21, 22)

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.: __________________________

E-mail: ________________________

8) If the retransmitter has filed with the CRTC a map of the licensed 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 AN UNSCRAMBLED MDS.)

10) 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 SCRAMBLED MATV SYSTEM: please provide the address where the transmitter 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: _______ _______

If more than one building is served please attach a list giving the addresses of any other building(s).

(c) IN THE CASE OF A SCRAMBLED MDS: please attach a list showing the municipalities, province and postal code of each transmitter forming part of 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 17)

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: ____________

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 licensed 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 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.

	Residen- tial Units	Health Care Facilities	Hotels	Educa- tional Institu- tions	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 1
BBC					n/a
CBRA			n/a
CCC			n/a
CRC			n/a
CRRA			n/a
FWS			n/a
MLB			n/a
SOCAN			n/a
TOTAL

^* To be determined by the Copyright Board

¹ Column C - Column D + Column E + Column F

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

THE INFORMATION PROVIDED IN RESPECT OF A SCRAMBLED MDS SHALL TAKE INTO ACCOUNT ALL TRANSMITTERS OPERATED BY IT.

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.

number	Type of Premises	Residential Units	Health Care Facilities	Hotels
1	Number of premises or TVROs served
2	Retransmission royalty rate per premises applicable to the system1
	NON-FRANCOPHONE MARKET PREMISES
3	Number of premises for which Francophone market discount is NOT claimed
4	Number of premises or TVROs receiving at least one distant television signal2
5	Number of premises or TVROs receiving at least one unduplicated distant television signal other than the TVA signal3
6	Gross royalty for premises or TVROs reported in line 5 [line 2 × line 5]
7	Number of premises receiving only one distant television signal, which is also duplicated4
8	Gross royalty for premises reported in line 7 [line 2 × line 7 × 25%]
9	Number of premises receiving more than one distant television signal, all of which are duplicates5
10	Gross royalty for premises reported in line 9 [line 2 × line 9 × 50%]
11	Number of premises receiving TVA as their only distant television signal6
12	Gross royalty for premises reported in line 11 [line 2 × line 11 × 5%]
13	Number of premises receiving as their only distant television signals TVA and one duplicated signal7
14	Gross royalty for premises reported in line 13 [line 2 × line 13 × 30%]
15	Number of premises receiving as their only distant television signals TVA and more than one duplicated signal8
16	Gross royalty for premises reported in line 15 [line 2 × line 15 × 55%]
17	TOTAL gross royalty amount [line 6 + line 8 + line 10 + line 12 + line 14 + line 16]
18	Adjustment factor for certain types of premises	1	0.25	0.6
19	Royalty Amount — Non-Francophone Market Premises [line 17 × line 18]
	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 signal9
22	Number of Francophone market premises receiving at least one unduplicated distant television signal
23	Gross royalty for premises reported in line 21 [line 21 × line 4 × 50%]
24	Number of Francophone market premises receiving only one distant television signal, which is also duplicated10
25	Gross royalty for premises reported in line 23 [line 2 × line 23 × 25% × 50%]
26	Number of premises receiving more than one distant television signal, all of which are duplicates11
27	Gross royalty for premises reported in line 25 [line 2 × line 25 × 50% × 50%]
28	TOTAL gross royalty amount [line 22 + line 24 + line 26]
29	Adjustment factor for certain types of premises	1	0.25	0.6
30	Royalty Amount — Francophone Market Premises [line 28 × line 29]
31	Total Royalty Amount12 [line 19 + line 30]

number	Type of Premises	Educational Institutions	Others	All Premises
1	Number of premises or TVROs served
2	Retransmission royalty rate per premises applicable to the system1			n/a
	NON-FRANCOPHONE MARKET PREMISES
3	Number of premises for which Francophone market discount is NOT claimed
4	Number of premises or TVROs receiving at least one distant television signal2
5	Number of premises or TVROs receiving at least one unduplicated distant television signal other than the TVA signal3
6	Gross royalty for premises or TVROs reported in line 5 [line 2 × line 5]			n/a
7	Number of premises receiving only one distant television signal, which is also duplicated4
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 duplicates5
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 signal6
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 signal7
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 signal8
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	0.25	1	n/a
19	Royalty Amount — Non-Francophone Market Premises [line 17 × line 18]
	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 signal9
22	Number of Francophone market premises receiving at least one unduplicated distant television signal
23	Gross royalty for premises reported in line 21 [line 21 × line 4 × 50%]			n/a
24	Number of Francophone market premises receiving only one distant television signal, which is also duplicated10
25	Gross royalty for premises reported in line 23 [line 2 × line 23 × 25% × 50%]			n/a
26	Number of premises receiving more than one distant television signal, all of which are duplicates11
27	Gross royalty for premises reported in line 25 [line 2 × line 25 × 50% × 50%]			n/a
28	TOTAL gross royalty amount [line 22 + line 24 + line 26]			n/a
29	Adjustment factor for certain types of premises	0.25	1	n/a
30	Royalty Amount — Francophone Market Premises [line 28 × line 29]
31	Total Royalty Amount12 [line 19 + line 30]

———

¹ See sections 7 to 10 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 licensed service area in which the system is located, whether or not these premises receive a distant television signal, and the rate for scrambled MDSs is based on the total number of premises of all types served by all the transmitters that form part of the system. Please consult the relevant provisions of the tariff to ensure that you use the correct rate.

² If the system is a DTH, please copy in line 4 the number found in line 1. In all other cases, the number in line 3 should be the same as the total of lines 5, 7, 9, 11, 13 and 15.

³ If the system is a DTH, please copy in line 5 the number found in line 1.

⁴ See paragraph 13(1)(a) of the tariff.

⁵ See paragraph 13(1)(b) of the tariff.

⁶ See section 12 of the tariff.

⁷ See paragraph 13(2)(a) of the tariff.

⁸ See paragraph 13(2)(b) of the tariff.

⁹ The number in line 21 should be the same as the total of lines 22, 24 and 26.
¹⁰ See paragraph 13(1)(a) of the tariff.
¹¹ See paragraph 13(1)(b) of the tariff.
¹² The total amount of royalty owed is the total of the amounts listed in line 31.

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 (7%)	Column G Total 1
BBC				n/a
CBRA			n/a
CCC			n/a
CRC			n/a
CRRA			n/a
FWS			n/a
MLB			n/a
SOCAN			n/a
TOTAL

^* To be determined by the Copyright Board.

¹ Column C - Column D + Column E + Column F

FORM 4 (TELEVISION)

TELEVISION SERVICE INFORMATION AS OF _________ (relevant date) (Television Tariff, par. 16(j), (k))

SCRAMBLED MDSS SHOULD NOT COMPLETE THIS FORM BUT SHOULD COMPLETE FORM 4A

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

Call Letters/ Name of Signal	Basic (B) or Discretionary (D) Service?	A) Number of Premises/ TVROs Receiving the Signal as Distant	B) Number of Premises/ TVROs Served by the System	(Please indicate A over B)1

———

¹ This information is not required for an unscrambled LPTV or an unscrambled MDS.

FORM 4A (TELEVISION)

TELEVISION SERVICE INFORMATION AS OF _____________(relevant date)
(Television Tariff, section 20)

COMPLETE A SEPARATE COPY OF THIS FORM FOR EACH TRANSMITTER WHICH IS TRANSMITTING TERRESTRIAL TELEVISION SIGNALS TO SUBSCRIBERS OF SCRAMBLED MDSs.

Location of Transmitter
Municipality:
Province:	Postal Code:
Position of this transmitter to the nearest second - latitude and longitude:
Is this transmitter located in a Francophone market? (See s.10 cf Tariff.)	(Yes or no)
Signal Carriage	Number of Premises Served and Receiving this Signal from this Transmitter

Call Letters	Call Letters of "Mother Signal" if this Signal Is a Repeater	Network Affiliation	Any Other Name by which this Signal Is Known	City and Province or State Where this Signal Originated

Indicate Whether this Signal is Distant (D) or Local (L) Relative to this Transmitter	Residen- tial Units	Hotel Rooms	Rooms in Health Care Facilities	Rooms in Educa- tional Institu- tions	Rooms in Other Types of Premises

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 23)

NAME OF SYSTEM:

Cable retransmission systems located in the Province of Quebec and scrambled MDSs in respect of transmitters 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 licensed area, please provide the following information.

Cable retransmission systems whose licensed area includes all or part of any of the localities listed in paragraph 10(2)(b) of the Television Tariff are only required to complete column A.

NOTE: The population for the whole city, town or municipality must be used in column (C), even if the cable retransmission system's licensed 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 cable retransmission 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

II. ELIGIBILITY FOR FRANCOHONE 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 10(3)(a) or (b), complete only A. For each transmitter which is eligible under 10(3)(c), complete A, B and C.

A. The name of the city, town or municipality and province where this transmitter is located.

B. The population of that city, town or municipality, according to the most recent population figures published by Statistics Canada.

C. The population of that city, town or municipality for whom French is their mother tongue, according to the most recent population figures published by Statistics Canada.

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

FORM 6 (TELEVISION)

SYSTEMS REPORTED BY THE SAME RETRANSMITTER
(Television Tariff, section 24)

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

FORM 7 (TELEVISION)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Television Tariff, subsection 28(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 14 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 28)

A. A COLLECTIVE SOCIETY IS ENTITLED UNDER 28(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 28(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 as a Distant Signal Within the Postal Code	Postal Code	Number of Residential Premises Receiving this Signal as a Distant Signal Within the Postal Code	Postal Code	Number of Residential Premises Receiving this Signal as a Distant Signal Within the Postal Code

C. A COLLECTIVE SOCIETY IS ENTITLED UNDER 28(3)(c) AND 28(4) 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. IN THE CASE OF AN MDS, A SEPARATE COPY OF THIS FORM 8C IS REQUIRED FOR EACH TRANSMITTER FOR WHICH THIS FORM IS REQUESTED.

NAME OF SYSTEM: ____________________

LOCATION OF TRANSMITTER (IF MDS SYSTEM):
_________________________

DISTANT SIGNALS IN THIS PACKAGE
Call Letters	Network Affiliation	SIGNAL CATEGORY (CHECK ALL APPLICABLE)
		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 as a Distant Signal Within the Postal Code	Postal Code	Number of Residential Premises Receiving this Signal as a Distant Signal Within the Postal Code	Postal Code	Number of Residential Premises Receiving this Signal as a Distant Signal Within the Postal Code

APPENDIX C

CATEGORIES OF WORKS CLAIMED TO BE REPRESENTED BY EACH COLLECTIVE SOCIETY AND PERCENTAGE OF OVERALL ROYALTY TO WHICH EACH COLLECTIVE SOCIETY CLAIMS TO BE ENTITLED

Note: Any term used herein which is defined in the prefixed tariff or in Appendix A has the same meaning as if used in the prefixed tariff or in Appendix A.

BORDER BROADCASTERS, INC. (BBC)

Identification: BBC is a company incorporated under the laws of the State of Michigan. It is a collective society within subsection 71(1) of the Copyright Act. Its purpose is to represent by way of assignment, licence, appointment of agent or otherwise (as may be agreed between it and the claimant) the interests of all persons, firms and corporations who are now or may hereafter be entitled to assert a claim for a royalty in respect of the retransmission of certain works by a retransmitter by means of one or more distant signals.

Categories of Works Claimed to be Represented by BBC

All television programs, underlying works and works owned or controlled by BBC in respect of which retransmission royalties may be claimed including, without limiting the generality of the foregoing, the following kinds of works:

(a) television programs owned or produced, in whole or in part, by commercial television stations licensed in the United States except to the extent that the rights to receive royalties for the retransmission of such television programs are owned or controlled by persons represented by a collective society within the meaning of the Copyright Act other than BBC, and any other television programs to the extent that the rights to receive royalties for the retransmission of such programs are owned or controlled, in whole or in part, by commercial television stations licensed in the United States; and

(b) compilations created by a commercial television station licensed in the United States of television programs carried on its signal;

but excluding the following kinds of works:

(c) musical works to the extent that the rights to receive retransmission royalties for the retransmission thereof are not controlled by the producers or copyright owners of the programs in which the musical works are embodied, or by the agents, successors, licensees or assigns of such producers or copyright owners;

(d) television programs which have been certified as Canadian programs by the Canadian Radio-television and Telecommunications Commission, but not including any television program which has not been accorded at least 100 per cent Canadian content credit by the Canadian Radio-television and Telecommunications Commission or which has been recognized to any extent for Canadian content purposes as a result of being dubbed into one of the official languages;

(e) productions which have been certified as certified productions in accordance with regulations made under the Income Tax Act, S.C. 1970-71-72, c. 63, as amended; and

(f) underlying works, where the relevant television program is a work in respect of which BBC has not been authorized to collect retransmission royalties.

Percentage of Overall Royalty Claimed by BBC

BBC claims 6.5 per cent of the balance of the total overall royalty payable by retransmitters in respect of the (BBC's) works as described in (a) above.

CANADIAN BROADCASTERS RIGHTS AGENCY INC. (CBRA)

Identification: CBRA is a company incorporated under the Canada Business Corporations Act. CBRA is a collective society within subsection 71(1) of the Copyright Act.

Categories of Works Claimed to be Represented by CBRA

(a) Any television programs owned or produced, in whole or in part, by Canadian broadcasters, except to the extent that the rights to receive royalties for the retransmission of such television programs are owned or controlled by persons represented by a collective society within the meaning of the Copyright Act other than CBRA, and any other television programs to the extent that the rights to receive royalties for the retransmission of such programs are owned or controlled, in whole or in part, by Canadian broadcasters; and

(b) any compilation created by a Canadian broadcaster.

Percentage of Overall Royalty Claimed by CBRA

CBRA claims 12 per cent of the total royalties payable by retransmitters.

Definition:

"Canadian broadcaster" means a television station or network licensed by the CRTC, or an Educational Authority (other than any such television station, network or Educational Authority represented by a collective society within the meaning of the Copyright Act other than CBRA), and the agents, successors, licensees or assigns of such television stations, networks or Educational Authorities.

CANADIAN RETRANSMISSION COLLECTIVE (CRC)

Identification: CRC is a company incorporated under the Canada Corporations Act. It is a collective society within subsection 71(1) of the Copyright Act. Its purpose is to represent by way of assignment, licence, appointment of agent or otherwise (as may be agreed between it and the claimant) the interests of all persons, firms and corporations who are now or may hereafter be entitled to assert a claim for a royalty in respect of the retransmission of certain television programs by a retransmitter by means of one or more distant signals.

Categories of Works Claimed to be Represented by CRC

(a) all television programs recognized as Canadian programs in whole or in part under the regulations or policies of the CRTC from time to time in effect, but not including such programs where such recognition arises solely as a result of the program being dubbed by a Canadian into one of the official languages;

(b) all productions which have been certified as certified productions in accordance with regulations made under the Income Tax Act, S.C. 1970-71-72, c. 63, as from time to time amended, or which are recognized as Canadian programs for the purpose of qualifying for provincial or federal tax credits;

(c) television programs to the extent that they are transmitted by non-commercial television stations licensed in the United States of America and by television stations licensed in countries other than Canada or the United States of America;

(d) all television programs which have been produced predominantly within a country other than the United States of America or its territories by a person other than a U.S. National or a member of the MPAA, where the right to authorize a collective society to collect retransmission royalties has not been vested in a U.S. National or a member of the MPAA;

(e) compilations of television programs in the schedules of non-commercial television stations licensed in the United States of America, of television stations licensed in countries other than Canada and the United States of America, and of television stations owned and operated by an Educational Authority, but excluding the following kinds of works:

(f) any television programs which are produced in whole or in part by a television station or network which is licensed by the CRTC, other than a station or network owned and operated by an Educational Authority, but only to the extent that the rights to receive retransmission royalties for the retransmission of such programs are controlled by such a station or network and have not been assigned to CRC or to a person which has affiliated with CRC;

(g) any television programs which are presentations of games between teams of National Hockey League, National Football League, Canadian Football League, National Collegiate Athletic Association, National Basketball Association or Major League Baseball; and

(h) musical works, but only to the extent that the rights to receive retransmission royalties for the retransmission thereof are not controlled by the producers or copyright owners of the programs in which the musical works are embodied, or by the agents, successors, licensees or assigns of such producers or copyright owners.

Percentage of Overall Royalty Claimed by CRC

CRC claims 20 per cent of the total royalties payable by retransmitters.

Definitions:

"Canadian" means:

"Educational Authority" means a body other than Société de télédiffusion du Québec that is:

(a) an independent corporation, as defined in the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences); or

(b) a provincial authority, as defined in the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences);

"member of the MPAA" means a company or one of its subsidiaries or affiliates which is from time to time a member of the Motion Picture Association of America, Inc.;

"television programs" means all programs carried in a distant signal retransmitted by a retransmitter (including without limitation all audiovisual works), and is deemed to include any underlying works in relation to such programs;

"underlying work" means a work embodied in a television program or from which a television program has been derived;

"U.S. National" means a citizen of the United States of America or a company or other entity controlled in fact by citizens of the United States of America.

CANADIAN RETRANSMISSION RIGHT ASSOCIATION (CRRA)

Identification: CRRA is an association of corporations that carries on the business of collecting, for the benefit of those who authorize it to act on their behalf for that purpose, royalties for the communication of works in the manner described in subsection 31(2) of the Copyright Act.

CRRA is the duly authorized agent of:

Canadian Broadcasting Corporation — Société Radio-Canada
Société de télédiffusion du Québec
ABC, Inc. and its subsidiaries
CBS, Inc. and its subsidiaries
National Broadcasting Company International Limited and its subsidiaries

Categories of Works Claimed to be Represented by CRRA

(a) All television programs owned or produced by any of the above entities; and

(b) any compilations created by any of the above entities.

Percentage of Overall Royalty Claimed by CRRA

CRRA claims 30 per cent of the total royalties payable by retransmitters.

COPYRIGHT COLLECTIVE OF CANADA (CCC)

Identification: CCC is a company incorporated under the Canada Corporations Act. It is a collective society within subsection 71(1) of the Copyright Act. Its purpose is to represent by way of assignment, licence, appointment of agent or otherwise (as may be agreed between it and the claimant) the interests of all persons, firms and corporations who are now or may hereafter be entitled to assert a claim for a royalty in respect of the retransmission of certain television programs by a retransmitter by means of one or more distant signals.

Categories of Works Claimed to be Represented by CCC

All television programs and underlying works in respect of which retransmission royalties may be claimed, except for the following works:

(a) all musical works;

(b) all commercial messages (not including infomercials) appearing at the beginning of or the end of or during a television program;

(c) all television programs which consist of play-by-play coverage (covering the entire game or a substantial part thereof) of National Hockey League, National Football League, Canadian Football League, National Basketball Association or Major League Baseball games;

(d) all television programs to the extent that a television station or network represented by another collective society (whether or not such a network is a network as defined above) owns or controls the right to authorize any collective society to collect retransmission royalties;

(e) all television programs which have been certified as Canadian programs by the CRTC, but not including any television program which has not been accorded at least 100 per cent Canadian content credit by the CRTC or which has been recognized to any extent for Canadian content purposes as a result of being dubbed into one of the official languages;

(f) all productions which have been certified as certified productions in accordance with regulations made under the Income Tax Act, S.C. 1970-71-72, c. 63, as amended, or which are recognized as Canadian programs for the purpose of qualifying for provincial or federal tax credits;

(g) all television programs which have been produced predominantly within a country other than the United States of America or its territories by a person other than a United States national or a member of the MPAA or MPA where the right to authorize a collective society to collect Canadian retransmission royalties has not been vested in a United States national or a member of the MPAA or MPA;

(h) television programs to the extent that they are transmitted by non-commercial television stations licensed in the United States of America or by television stations licensed in countries other than Canada or the United States of America; and

(i) any underlying works embodied in any of the items set out in (a) to (h) hereof inclusive or used for the purpose of producing the same.

Percentage of Overall Royalty Claimed by CCC

CCC claims 75 per cent of the overall royalty payable by retransmitters.

Definitions:

"member of the MPA" means a company or one of its subsidiaries or affiliates (other than ABC, Inc. and its subsidiaries and CBS, Inc. and its subsidiaries) which is from time to time a member of the Motion Picture Association;

"member of the MPAA" means a company or one of its subsidiaries or affiliates (other than ABC, Inc. and its subsidiaries and CBS, Inc. and its subsidiaries) which is from time to time a member of the Motion Picture Association of America, Inc.;

"underlying work" means a work embodied in a television program or from which a television program or any work embodied in a television program has been derived;

"United States National" means a citizen of the United States of America or a company or other entity controlled in fact by citizens of the United States of America.

FWS JOINT SPORTS CLAIMANTS INC. (FWS)

Identification: FWS is a company incorporated under the Ontario Corporations Act. It is a collective society within subsection 71(1) of the Copyright Act.

Categories of Works Claimed to be Represented by FWS

FWS represents by way of assignment, licence, appointment of agent or otherwise (as has been agreed between FWS and the claimant) the interests of all professional National Hockey League teams, all professional National Basketball Association teams, all professional Canadian Football League teams, and all professional National Football League teams owned by any persons, who are now or may hereafter be entitled to claim a royalty under the Copyright Act in respect of the retransmission of any of their artistic, dramatic, literary or musical works (hereinafter referred to as "Works"), said Works consisting of live or delayed game telecasts, by a retransmitter by means of one or more distant signals.

Percentage of Overall Royalty Claimed by FWS

FWS claims 20 per cent of the overall royalty payable by retransmitters.

MAJOR LEAGUE BASEBALL COLLECTIVE OF CANADA, INC. (MLB)

Identification: MLB is a company incorporated under the Business Corporations Act, 1982 (Ontario), S.O., 1982, c. C-4 (as amended). It is a collective society within subsection 71(1) of the Copyright Act.

Categories of Works Claimed to be Represented by MLB

All distant signal broadcasts of Major League Baseball games.

Percentage of Overall Royalty Claimed by MLB

MLB claims 7.5 per cent of the overall royalty payable by retransmitters.

SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)

Identification: SOCAN is a collective society within subsection 71(1) of the Copyright Act.

Categories of Works Claimed to be Represented by SOCAN

All musical and dramatico-musical works.

Percentage of Overall Royalty Claimed by SOCAN

SOCAN claims 4 per cent of the overall royalty payable by retransmitters.

STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT RADIO SIGNALS, IN CANADA, DURING 2001, 2002 AND 2003

Short Title

1. This tariff may be cited as the Radio Retransmission Tariff 2001-2003.

Definitions

2. In this tariff,

"distant signal" has the meaning attributed to it in paragraph 3(b) of the Local Signal and Distant Signal Regulations, SOR/89-254, (Canada Gazette, Part II, Vol. 123, page 2579) which reads:

" 'distant signal' means a signal that is not a local signal". (signal éloigné)

"licence" has the meaning attributed to it in section 2 of the Definition of Small Retransmission Systems Regulations, SOR/89-255, (Canada Gazette, Part II, Vol. 123, page 2588) as amended by SOR/94-754 (Canada Gazette, Part II, Vol. 128, page 4091), which reads:

" '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 retransmitted by cable or Hertzian waves" (licence)

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

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

"local signal" has the meaning attributed to it in paragraph 3(a) of the Local Signal and Distant Signal Regulations, and corresponds to a signal received in premises (or, in the case of a terrestrial retransmission system utilizing Hertzian waves, at the site of the transmitter) located within a television station's area of transmission (as defined in section 2 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 1990); (TVFP)

"MDS" means a multichannel multipoint distribution system and includes all transmitters which retransmit to subscribers of that system at least one signal either directly or indirectly derived from a common headend or some other common facility; (SDM)

"premises" has the meaning attributed to it in section 2 of the Definition of Small Retransmission Systems Regulations, which reads:

" 'premises' means

"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), an LPTV, an MDS or a direct-to-home satellite system (DTH system); (retransmetteur)

"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" has the meaning attributed to it 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, for the purpose of subsection 70.64(1)(see footnote 2) of the Copyright Act, '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 licensed 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

(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 located within the licensed area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in that licensed area."; (petit système de retransmission)

"TVRO" means a Television Receive Only Earth Station designed for the reception of signals transmitted by satellite; (TVRO)

"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 for 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 an LPTV whose signals are not scrambled or an 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 (including a scrambled MDS) shall be five cents for each premises or TVRO 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 licensed area of another cable retransmission system that retransmits a signal, with or without a fee, to more than 2,000 premises in its licensed 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 is taken of premises or TVROs receiving a signal without the direct or indirect authority of the retransmitter.

Francophone Markets

8. (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 transmitter 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 is deemed to be located in a Francophone market if

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

(b) the system's licensed area encompasses, in whole or in part, the cities, towns or municipalities of

(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 by the system's licensed area, according to the most recent population figures published by Statistics Canada.

(3) An MDS transmitter shall be deemed to be located in a Francophone market if it is located (i) in the Province of Quebec, (ii) in any of the cities, towns or municipalities described in paragraph 2(b), or (iii) in any city, town or municipality in which the population of French mother tongue represents more than 50 per cent of the total population of such cities, towns or municipalities according to the most recent population figures published by Statistics Canada.

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: 75 per cent;

(b) rooms in hotels: 40 per cent;

(c) rooms in schools and other educational institutions: 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: 25 per cent

2. CRRA: 25 per cent

3. SOCAN: 50 per cent

ADMINISTRATIVE PROVISIONS

Reporting Requirements: General

11. Subject to sections 12 to 16, 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,

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 telecopier number) 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 licensed area;

(f) if the retransmitter has filed a map with the CRTC of the licensed area within which the system is located, if that map has not already been provided to the collective society, the date when the most recent map was so filed;

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

(h) the number of premises or TVROs 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:

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 licensed 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 licensed area;

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

Reporting Requirements: Unscrambled LPTVs and Unscrambled MDSs

13. 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:

(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.

Reporting Requirements: DTH Systems

14. A retransmitter who operates a DTH system 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.

Reporting Requirements: Scrambled LPTVs and Scrambled MDSs

15. A retransmitter who operates a scrambled LPTV or scrambled 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. A retransmitter who operates a scrambled MDS shall also provide, for each transmitter forming part of the MDS, the information set out in paragraphs (g) to (k) and a description of each transmitter's location (i.e., its latitude and longitude to the nearest second) and of the area in which it serves premises.

Additional Reporting Requirement: MATV Systems

16. 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 indicate whether or not it is licensed by the CRTC.

Additional Reporting Requirement: Cable Retransmission Systems (other than Small Retransmission Systems) Located in the Licensed Area of another Cable Retransmission System

17. A retransmitter who operates a cable retransmission system (including a master antenna system but excluding a small retransmission system) located within the licensed area of another cable retransmission system that retransmits a signal with or without a fee, to more than 2,000 premises in its licensed area shall provide, in addition to the information required under section 11, the name of such other cable retransmission system.

Additional Reporting Requirement: Francophone Markets

18. (1) A retransmitter who operates a cable retransmission system 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 or 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 licensed 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 licensed 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.

(2) A retransmitter who operates a scrambled MDS which serves premises from a transmitter located in a Francophone market shall provide, in addition to the information required under section 15,

(a) the name of the city, town and municipality listed in paragraph 8(2)(b) in which the transmitter is located; or

(b) the name of the city, town or municipality in which the transmitter is located, with its total population and its population of French mother tongue, according to the most recent population figures published by Statistics Canada.

Additional Reporting Requirement: Multi-System Operators

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

Reporting Dates

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

Forms

21. The information required under sections 11 to 19 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

22. 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

23. 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.

24. (1) A retransmitter shall keep and preserve until December 31, 2009, 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 these records at any time until December 31, 2009, 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

25. (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 any other collective society;

(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 ordered by law or by a court of 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

26. (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

27. (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 28 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 the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada) plus one per cent. Interest shall not compound.

Addresses for Notices, etc.

28. (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);

(b) any other address of which the collective society has been notified; or

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

Delivery of Notices and Payments

29. (1) A notice may be delivered by hand, by postage paid mail, by telegram or by telecopier.

(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 telegram or by telecopier shall be presumed to have been received the day it is transmitted.

Appointment of Designate

30. (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

APPENDIX A: COLLECTIVE SOCIETIES RADIO TARIFF
CANADIAN BROADCASTERS RIGHTS AGENCY INC. (CBRA) 155 Queen Street, Suite 1301 Ottawa, Ontario K1P 6L1 (613) 232-4370 (Telephone) (613) 236-9241 (Facsimile)	CANADIAN RETRANSMISSION RIGHT ASSOCIATION c/o Canadian Broadcasting Corporation 250 Lanark Avenue Ottawa, Ontario K1Z 6R5 (613) 724-5373 (Telephone) (613) 724-5453 (Facsimile)
SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN) 41 Valleybrook Drive Don Mills, Ontario M3B 2S6 (416) 445-8700 (Telephone) (416) 445-7198 (Facsimile)

APPENDIX B

RADIO FORMS

form	description
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)

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: __________________________

E-mail: ________________________

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) LICENSED 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 and the name of the cable retransmission system, if any, in whose licensed area the system is located.

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.

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

(NO ANSWER IS 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: ____________

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 LICENSED 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 licensed 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.

	Resi- dential Units	Health Care Facilities	Hotels	Educa- tional Institu- tions	Others	All Premises
Numbers of premises served
Number of premises receiving at least one distant radio signal

D) ROYALTY SHARE OF EACH COLLECTIVE SOCIETY

25 per cent of the royalty is payable to CBRA, 25 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.

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 LPTV AND UNSCRAMBLED MDS 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: ______________________

number	Type of Premises	Residential Units	Health Care Facilities	Hotels
1	Number of premises or TVROs served as of December 31 of the previous year
2	Retransmission royalty rate per premises	5¢	5¢	5¢
3	Gross royalty amount [line 1 × line 2]
4	Adjustment factor for certain types of premises	1	0.25	0.6
5	Discount for systems in Francophone markets: use 0.5 if the system operates in a Francophone market, otherwise use 1
6	Net royalty amount [line 3 × line 4 × line 5]
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)

number	Type of Premises	Educational Institutions	Others	All Premises
1	Number of premises or TVROs served as of December 31 of the previous year
2	Retransmission royalty rate per premises	5¢	5¢	n/a
3	Gross royalty amount [line 1 × line 2]			n/a
4	Adjustment factor for certain types of premises	0.25	1	n/a
5	Discount for systems in Francophone markets: use 0.5 if the system operates in a Francophone market, otherwise use 1			n/a
6	Net royalty amount [line 3 × line 4 × line 5]
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.

25 per cent of the royalty is payable to CBRA, 25 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.

FORM 4 (RADIO)

RADIO SERVICE INFORMATION AS OF ____________ (relevant date)

(Radio Tariff, par. 11(i))

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

Call Letters/Name of the Signal or Service	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)1?

^________

¹ "Unknown" indicates that a technical analysis is required to determine whether the signal is distant, partially distant or local.

FORM 5 (RADIO)

REPORT FOR SYSTEMS OPERATING IN A FRANCOPHONE MARKET

(Radio Tariff, section 15)

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

NOTE: The population for the whole city, town or municipality must be used, even if the system's licensed 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.

Systems located in the Province of Quebec need not complete this form.

Systems whose licensed 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

FORM 6 (RADIO)

SYSTEMS REPORTED BY THE SAME RETRANSMITTER
(Radio Tariff, section 16)

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

FORM 7 (RADIO)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Radio Tariff, section 20)

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

Now subsection 74(1) as a result of an amendment to the Copyright Act by S.C. 1997, c. 24

Footnote 2

Now subsection 74(1) as a result of an amendment to the Copyright Act by S.C. 1997, c. 24

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