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Definition of “Small Cable Transmission System” Regulations

SOR/94-755

(as amended up to April 23, 2014)

COPYRIGHT ACT

Registration 1994-12-06

Definition of “Small Cable Transmission System” Regulations

P.C. 1994-2010 1994-12-06

His Excellency the Governor General in Council, on the recommendation of the Minister of Industry, Science and Technology and the Minister of Communications, pursuant to subsection 67.2(1.2)Footnote * of the Copyright Act, is pleased hereby to make the annexed Regulations defining “small cable transmission system” for the purpose of subsection 67.2(1.1) of the Copyright Act.

Return to footnote *S.C. 1993, c. 23, s. 4(1) 1 [Repealed, SOR/2005-148, s. 2]

Interpretation 2 In these Regulations,

licence[Repealed, SOR/2005-148, s. 3]

licensed area[Repealed, SOR/2005-148, s. 3]

premises means

(a) a dwelling, including a single-unit residence or a single unit within a multiple- unit residence, or

(b) a room in a commercial or institutional building. (local)

service area means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located. (zone de service)

SOR/2005-148, s. 3

Small Cable Transmission System 3 (1) Subject to subsections (2) to (4) and section 4, small cable transmission system means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

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

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

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

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

(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.

SOR/2005-148, s. 4 SOR/2014-80, s. 2(F)

Previous Version

4 The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system if it is located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that service area. SOR/2005-148, s. 5