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Definition of Small Retransmission Systems Regulations (SOR /89-255)

 https://laws.justice.gc.ca/eng/regulations/SOR-89-255/FullText.

(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 retransmission system are located. (zone de service)

Definition of “Small Retransmission Systems” Regulations

SOR/89-255

(as amended up to May 17, 2005)

Registration 1989-05-09

Definition of “Small Retransmission Systems” Regulations

P.C. 1989-826 1989-05-09

Her Excellency the Governor General in Council, on the recommendation of the

Minister of Consumer and Corporate Affairs and the Minister of Communications,

pursuant to subsection 70.64(2)* of the Copyright Act, is pleased hereby to make

the annexed Regulations defining small retransmission systems for the purpose of

subsection 70.64(1) of the Copyright Act.

*S.C. 1988, c. 65, s. 65

1 [Repealed, SOR/2005-147, s. 2]

Definitions 2 In these Regulations,

licence [Repealed, SOR/2005-147, s. 3]

licensed area [Repealed, SOR/2005-147, s. 3]

premises means

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

Small Retransmission System 3 (1) Subject to subsections (2) to (4) and section 4, small retransmission system

means a cable retransmission system, or a terrestrial retransmission system utilizing

Hertzian waves, that retransmits a signal, with or without a fee, to not more than

2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable retransmission system is

included in the same unit as one or more other cable retransmission systems, the

number of premises to which the cable retransmission system retransmits a signal is

deemed to be equal to the total number of premises to which all cable retransmission

systems included in that unit retransmit a signal.

(3) For the purpose of subsection (2), a cable retransmission system is included in

the same unit as one or more other cable retransmission systems where

(a) they are owned or directly or indirectly controlled by the same person or group

of persons; and

(b) their service areas are each less than 5 km distant, at some point, from at

least one other among them, and those service areas would constitute a series of

contiguous service areas, in a linear or non-linear configuration, were it not for

that distance.

(4) Subsection (2) does not apply to a cable retransmission system that was included

in a unit on December 31, 1993.

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

4 The definition set out in subsection 3(1) does not include a cable retransmission

system that is a master antenna system if it is located within the service area of

another cable retransmission system that retransmits a signal, with or without a fee,

to more than 2,000 premises in that service area.

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