COPYRIGHT BOARD

FILE: Public Performance of Musical Works 1999

Statement of Proposed Royalties to Be Collected for the Public Performance or the Communication to the Public by Telecommunication, in Canada, of Musical or Dramatico-Musical Works

In accordance with subsection 67.1(5) of the Copyright Act, the Copyright Board publishes the statement of royalties filed by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) on March 31, 1998, with respect to royalties that it proposes to collect, effective on January 1, 1999, for the public performance or the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works.

And in accordance with the provisions of the same subsection, the Board hereby gives notice that all prospective users or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than August 12, 1998.

Ottawa, June 13, 1998

CLAUDE MAJEAU
Secretary to the Board
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)

STATEMENT OF ROYALTIES WHICH MAY BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)

in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire.

GENERAL PROVISIONS

All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

As used in these tariffs, the terms "licence" and "licence to perform" mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, as the context may require.

Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence, and any amount not paid by the due date shall bear interest calculated monthly on the last day of each month, at the Bank Rate effective on that day (as published by the Bank of Canada), plus one per cent.

Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days notice in writing.

Tariff No. 1

RADIO

A. Commercial Radio

For a monthly licence to perform, at any time and as often as desired in 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a commercial radio station, the fee payable shall be a percentage of the station's gross income for the second month before the month for which the licence is issued.

For a station that

(a) has broadcast works in SOCAN's repertoire for less than 20 per cent of its total broadcast time in the second month before the month for which the licence is issued, and

(b) keeps and makes available to SOCAN complete recordings of its last 90 broadcast days the percentage shall be 2.19 per cent.

For any other station, the percentage shall be 5 per cent.

For the purpose of establishing the rate applicable to a station, no account shall be taken of production music (i.e. music used in interstitial programming such as commercials, public service announcements and jingles).

"Gross income" means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by the station's operator, excluding the following:

(a) income accruing from investments, rents or any other business unrelated to the station's broadcasting activities. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the station's broadcasting services and facilities or which results in their being used shall be included in the "gross income".

(b) amounts received for the production of a program that is commissioned by someone other than the licensee and which becomes the property of that person.

(c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the licensee can establish that the station was also paid normal fees for station time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties.

(d) amounts received by an originating station acting on behalf of a group of stations, which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station subsequently pays out to the other stations participating in the broadcast. These amounts paid to each participating station are part of that station's "gross income".

No later than the day before the first day of the month for which the licence is issued, the licensee shall pay the fee, and report the station's gross income for the second month before the month for which the licence is issued.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 1.A does not apply to the use of music covered under Tariff 22.

B. Non-Commercial Radio other than the Canadian Broadcasting Corporation

For a licence to perform, at any time and as often as desired in 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a non-commercial AM or FM radio station other than a station of the Canadian Broadcasting Corporation, the fee payable shall be 1.9 per cent of the station's gross operating costs in 1999.

No later than January 31, 1999, the licensee shall pay the estimated fee owing for 1999. The payment shall be accompanied by a report of the station's actual gross operating costs in 1998. The fee shall be subject to adjustment when the actual gross operating costs in 1999 have been determined and reported to SOCAN.

If broadcasting takes place for less than the entire year, an application must be made for a licence by the end of the first month of broadcasting on the form to be supplied by SOCAN and together with the application form the station shall forward its remittance for the estimated fee payable.

For the purpose of this tariff item, "non-commercial AM or FM radio station" shall include any station which is non-profit or not-for-profit, whether or not any part of its operating expenses is funded by advertising revenues.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 1.B does not apply to the use of music covered under Tariff 22.

Tariff No. 2

TELEVISION

A. Commercial Stations

For a monthly licence to perform, at any time and as often as desired in 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a broadcast television station, the fee payable shall be 2.1 per cent of the station's gross income for the second month before the month for which the licence is issued.

"Gross income" means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by the station's operator, excluding the following:

(a) income accruing from investments, rents or any other business unrelated to the station's broadcasting activities. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the station's broadcasting services and facilities or which results in their being used shall be included in the "gross income".

(b) amounts received for the production of a program that is commissioned by someone other than the licensee and which becomes the property of that person.

(c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the licensee can establish that the station was also paid normal fees for station time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties.

(d) amounts received by an originating station acting on behalf of a group of stations, which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station pays out to the other stations participating in the broadcast. These amounts paid to each participating station are part of that station's "gross income".

No later than the day before the first day of the month for which the licence is issued, the licensee shall pay the fee, and report the station's gross income for the second month before the month for which the licence is issued.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Television stations owned and operated by the Canadian Broadcasting Corporation or licensed under a different tariff are not subject to this tariff.

Tariff 2.A does not apply to the use of music covered under Tariff 22.

B. Ontario Educational Communications Authority

For a licence to perform, at any time and as often as desired in 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a station operated by the Ontario Educational Communications Authority, the annual fee shall be $300,080 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of 1999.

Tariff 2.B does not apply to the use of music covered under Tariff 22.

C. Société de télédiffusion du Québec

For a licence to perform, at any time and as often as desired in 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a station operated by the Société de télédiffusion du Québec, the annual fee shall be $234,080 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of 1999.

Tariff 2.C does not apply to the use of music covered under Tariff 22.

E. CTV Television Network Ltd.

For a monthly licence to CTV Television Network Ltd. to communicate to the public by telecommunication, at any time and as often as desired in 1999, for private or domestic use only, any or all of the works in SOCAN's repertoire in all over-the-air broadcasts of network programs by means of the television network undertaking operated by CTV, the fee payable shall be equal to 2.1 per cent of the net amount paid (as defined herein) for the second month before the month for which the licence is issued.

"Net amount paid" means the gross amount paid by all persons or entities contracting for, or making use of any or all of the services or facilities provided by CTV less those amounts remitted to and forming part of the gross amounts paid to television stations within the meaning of Tariff No. 2.A.

No later than the day before the first day of the month for which the licence is issued, the licensee shall pay the fee, and report the net amount paid for the second month before the month for which the licence is issued.

SOCAN shall have the right to audit the licensee's books and records on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 2.E does not apply to the use of music covered under Tariff 17 or Tariff 22.

Tariff No. 3

CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS

A. Live Music

For a licence to perform, by means of performers in person, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 3 per cent of the compensation for entertainment in 1999, with a minimum licence fee of $80 per year.

"Compensation for entertainment" means the total amounts paid by the licensee to, plus any other compensation received by musicians, singers and all other performers, for entertainment of which live music forms part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than January 31, 1999, the licensee shall pay to SOCAN the estimated fee owing for 1999. If any music was performed as part of entertainment in 1998, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in 1998, the licensee shall file a report estimating the expected compensation for entertainment during 1999 and pay according to that report.

No later than January 31, 2000, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during 1999 and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

B. Recorded Music Accompanying Live Entertainment

For a licence to perform, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, as an integral part of live entertainment in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 2 per cent of the compensation for entertainment in 1999, with a minimum licence fee of $60 per year.

"Compensation for entertainment" means the total amounts paid by the licensee to, plus any other compensation received by all performers, for entertainment of which recorded music forms an integral part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than January 31, 1999, the licensee shall pay to SOCAN the estimated fee owing for 1999. If any music was performed as part of entertainment in 1998, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in 1998, the licensee shall file a report estimating the expected compensation for entertainment during 1999 and pay according to that report.

No later than January 31, 2000, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during 1999 and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

Tariff 3.B does not apply to the use of music covered under Tariff 3.C

C. Adult Entertainment Clubs

For a licence to perform, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in an adult entertainment club, the fee payable by the establishment shall be 4.2¢ per day, multiplied by the capacity (seating and standing) authorized under the establishment's liquor licence or any other document issued by a competent authority for this type of establishment.

"Day" means any period between 6:00 a.m. on one day and 6:00 a.m. the following day during which the establishment operates as an adult entertainment club.

No later than January 31, 1999, the licensee shall file a report estimating the amount of royalties and send to SOCAN the report and the estimated fee.

No later than January 31, 2000, the licensee shall file with SOCAN a report indicating the number of seats in the establishment, as well as the number of days it operated as an adult entertainment club during 1999, and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

Tariff No. 4

LIVE PERFORMANCES AT THEATRES OR
OTHER PLACES OF ENTERTAINMENT

A. Popular Music Concerts

[NOTE: Tariff 4.A, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

B. Classical Music Concerts

1. Per concert licence

[NOTE: Tariff 4.B.1, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

2. Annual licence for orchestras

[NOTE: Tariff 4.B.2, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997. A subsequent agreement between SOCAN and the Association of Canadian Orchestras is presently the subject of consideration by the Copyright Board.]

3. Annual licence for presenting organizations

[NOTE: Tariff 4.B.3, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

Tariff No. 5

EXHIBITIONS AND FAIRS

A. For a licence to perform, at any time and as often as desired, any or all of the works in SOCAN's repertoire at an exhibition or fair held in 1999, the fee is calculated as follows:

(a) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair does not exceed 75,000 persons:

Total Attendance	Fee Payable per Day
Up to 25,000 persons	$12.25
25,001 à 50,000 persons	$24.65
50,001 à 75,000 persons	$61.50

(b) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair exceeds 75,000 persons:

Total Attendance	Fee Payable per Person
For the first 100,000 persons	1.02 ¢
For the next 100,000 persons	0.45 ¢
For the next 300,000 persons	0.33 ¢
All additional persons	0.25 ¢

In the case of an exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the current year. The licensee shall submit with the licence fee the figures for actual attendance for the previous year and the duration, in days, of the exhibition or fair.

In all other cases, the licensee shall, within 30 days of an exhibition's or fair's closing, report its attendance and duration and submit the fee based on those figures.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

A licence issued under Tariff No. 5.A does not authorize performances of music at concerts for which an additional admission charge is made; for such concerts Tariff No. 5.B applies.

B. (Where an additional admission charge is made for attendance at musical concerts)

[NOTE: Tariff 5.B, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

Tariff No. 6

MOTION PICTURE THEATRES

For a licence to perform, at any time and as often as desired in 1999, 2000, 2001, 2002 and 2003, any or all of the works in SOCAN's repertoire, covering the operations of a motion picture theatre or any establishment exhibiting motion pictures at any time during the year, the fee is as follows:

Year	Rate per Seat per Annum	Minimum Fee
1999	$1.04	$104.00
2000	$1.08	$108.00
2001	$1.11	$111.00
2002	$1.14	$114.00
2003	$1.17	$117.00

The seating capacity of drive-in theatres is deemed to be three times the maximum number of automobiles which may be accommodated at any one time.

Theatres operating three days or less per week shall pay one half of the above rates.

For theatres operating for less than 12 months in each year, the fee payable shall be reduced by one-twelfth for each full month during the year in which no operations occur.

A licence obtained under this tariff does not authorize any concert or other performance of music when the exhibition of one or more films is not an integral part of the program. The fees for those performances shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 7

SKATING RINKS

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music, in connection with roller or ice skating, the fee is as follows:

(a) Where an admission fee is charged: 1.2 per cent of the gross receipts from admissions exclusive of sales and amusement taxes, subject to a minimum annual fee of $99.75.

(b) Where no admission fee is charged: an annual fee of $99.75.

The licensee shall estimate the fee payable for 1999 based on the total gross receipts from admissions exclusive of sales and amusement taxes for 1998 and shall pay such estimated fee to SOCAN on or before January 31, 1999. Payment of the fee shall be accompanied by a report of the gross receipts for 1998.

If the gross receipts reported for 1998 were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts from admissions for the entire year 1999.

On or before January 31, 2000, a report shall be made of the actual gross receipts from admissions during the calendar year 1999, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts from admission charges shall be paid to SOCAN. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 8

RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, at receptions, conventions, assemblies and fashion shows, where the performances have not been contracted for by a licensee of SOCAN, the operator of the premises shall pay in advance for each event at such reception, convention or assembly or for each day on which such fashion show is held, as follows:

Without Dancing $28.75

With Dancing $57.55

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 9

SPORTS EVENTS

[NOTE: Tariff 9, as proposed by SOCAN for the years 1998, 1999 and 2000, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

Tariff No. 10

PARKS, STREETS AND OTHER PUBLIC AREAS

A. Strolling Musicians and Buskers; Recorded Music

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, by strolling musicians or buskers, or by means of recorded music, in parks, streets, or other public areas, the fee is as follows:

$31.13 for each day on which music is performed, subject to a maximum fee of $213.19 in any three-month period.

For concert performances in parks, streets or other public areas, Tariff No. 4 shall apply.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Marching Bands

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, by marching bands participating in parades, the fee is as follows:

$8.40 for each marching band participating in the parade, with a minimum fee of $31.13 per day.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 11

CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS; COMEDY SHOWS AND MAGIC SHOWS

A. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music at circuses, ice shows, fireworks displays, sound and light shows and similar events, the fee payable per event is as follows:

1.6 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, with a minimum fee of $59.15.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Comedy Shows and Magic Shows

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music in conjunction with events where the primary focus is on comedians or magicians and the use of music is incidental, the fee payable per event is $35. However, where the comedy act or magic show is primarily a musical act, Tariff 4.A applies.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12

THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS; PARAMOUNT CANADA'S WONDERLAND AND SIMILAR OPERATIONS

A. Theme Parks, Ontario Place Corporation and Similar Operations

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, at theme parks, Ontario Place Corporation and similar operations, the fee payable shall be:

(a) $2.30 per 1,000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1,000;

PLUS

(b) 1.5 per cent of "live music entertainment costs".

"Live music entertainment costs" means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee's behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30, 1999, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for 1999, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1, 1999.

No later than the earliest of 30 days of the close of the season and January 31, 2000, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for 1999. SOCAN will then calculate the fee and submit a statement of adjustments.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12.A does not apply to performances covered under Tariffs No. 4 or No. 5.

B. Paramount Canada's Wonderland Inc. and Similar Operations

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire at Paramount Canada's Wonderland and similar operations, the fee payable shall be:

(a) $5 per 1,000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1,000;

PLUS

(b) 1.5 per cent of "live music entertainment costs".

"Live music entertainment costs" means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee's behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30, 1999, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for 1999, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1, 1999.

No later than the earliest of 30 days of the close of the season and January 31, 2000, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for 1999. SOCAN will then calculate the fee and submit a statement of adjustments.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12.B does not apply to performances covered under Tariffs No. 4 or No. 5.

Tariff No. 13

PUBLIC CONVEYANCES

A. Aircraft

For a licence to perform in an aircraft, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, the fee payable for each aircraft shall be:

1.	Take Off and Landing Music	amount
	Seating Capacity Fee per Calendar Quarter
	0 to 100	$ 40.50
	101 to 160	$ 51.30
	161 to 250	$ 60.00
	251 or more	$ 82.50

2.	Inflight Music	amount
	Seating Capacity Fee per Calendar Quarter
	0 to 100	$162.00
	101 to 160	$205.20
	161 to 250	$240.00
	251 or more	$330.00

3.	Music as Part of Audio Visual Presentations	amount
	Seating Capacity Fee per Calendar Quarter
	0 to 100	$202.50
	101 to 160	$256.50
	161 to 250	$300.00
	251 or more	$412.50

The fees under this tariff shall be payable on March 31, June 30, September 30, and December 31.

Where fees are paid under Tariff No. 13.A.2, no fees shall be payable under Tariff No. 13.A.1.

Where fees are paid under Tariff No. 13.A.3, no fees shall be payable under Tariff No. 13.A.1 or Tariff No. 13.A.2.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Passenger Ships

For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, the fee payable for each passenger ship shall be:

$1 per person per year based on the passenger capacity of the ship, with a minimum fee of $60.

For passenger ships operating for less than 12 months in each year, the fee payable shall be reduced by one-twelfth for each full month during the year in which no operations occur.

On or before January 31, 1999, the licensee shall report the capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

C. Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships

For a licence to perform in railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, the fee payable shall be:

$1 per person per year based on the passenger capacity of the car, bus or other public conveyance, with a minimum fee of $60.

On or before January 31, 1999, the licensee shall report the capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 14

PERFORMANCE OF AN INDIVIDUAL WORK

For the performance, in 1999, of an individual work or an excerpt therefrom by a performer or contrivance at any single event when that work is the sole work performed from the repertoire of SOCAN, the fee payable shall be as follows:

When the performance of the work does not last more than three minutes:

Potential Audience	Musical Group or Orchestra with or without Vocal Accompaniment	Single Instrument with or without Vocal Accompaniment
500 or less	$ 5.20	$ 2.65
501 to 1,000	$ 6.10	$ 4.00
1,001 to 5,000	$ 13.00	$ 6.50
5,001 to 10,000	$ 18.15	$ 9.10
10,001 to 15,000	$ 23.35	$11.70
15,001 to 20,000	$ 28.50	$14.25
20,001 to 25,000	$ 33.65	$16.85
25,001 to 50,000	$ 38.95	$17.00
50,001 to 100,000	$ 44.20	$22.10
100,001 to 200,000	$ 57.70	$25.90
200,001 to 300,000	$ 64.85	$32.40
300,001 to 400,000	$ 77.75	$38.85
400,001 to 500,000	$ 90.80	$45.40
500,001 to 600,000	$103.75	$51.80
600,001 to 800,000	$116.65	$57.95
800,001 or more	$129.60	$64.85

When the performance of a work lasts more than three minutes, the above rates are increased as follows:

duration	Increase (%)
Over 3 and not more than 7 minutes	75
Over 7 and not more than 15 minutes	125
Over 15 and not more than 30 minutes	200
Over 30 and not more than 60 minutes	300
Over 60 and not more than 90 minutes	400
Over 90 and not more than 120 minutes	500

If more than one work from SOCAN's repertoire is performed during any particular event, the fees shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 15

BACKGROUND MUSIC IN ESTABLISHMENTS NOT COVERED BY TARIFF NO. 16

A. Background Music

For a licence to perform, by means of recorded music, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in an establishment not covered by Tariff No. 16, the annual fee shall be $1.18 per square metre (10.96¢ per square foot), payable no later than January 31, 1999.

If no music is performed in January of the first year of operation, the fee shall be pro-rated on a monthly basis, calculated from the month in which music was first performed, and shall be paid within 30 days of the date on which music was first performed.

Seasonal establishments operating less than six months per year pay half the above rate.

In all cases, a minimum fee of $90.38 shall apply. The payment shall be accompanied by a report showing the area of the establishment.

This tariff does not cover the use of music expressly covered in Tariff Nos. 9 (Sports Events), 13 (Public Conveyances), 18 (Recorded Music for Dancing) and 19 (Fitness Activities; Dance Instruction).

Pursuant to subsection 69(2) of the Copyright Act, no royalties are collectable from the owner or user of a radio receiving set in respect of public performances effected by means of that radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Telephone Music on Hold

For a licence to communicate to the public by telecommunication over a telephone on hold, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in an establishment not covered by Tariff No. 16, the fee shall be:

$90.38 for one trunk line, plus $2 for each additional trunk line.

For the purposes of this tariff, "trunk line" means a telephone line linking the licensee's telephone switching equipment to the public telephone system and over which music is provided to a caller while on hold.

No later than January 31, 1999, the licensee shall pay the applicable fee to SOCAN and report the number of trunk lines.

Where fees are paid under Tariff No. 16, no fees shall be payable under Tariff No. 15.B.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 16

BACKGROUND MUSIC SUPPLIERS

This tariff shall apply to licences for the performance in public or the communication to the public by telecommunication, at any time and as often as desired in 1999, of any or all of the works in SOCAN's repertoire, in connection with the supply of a background music service.

This tariff applies only if the music supplier undertakes to remit to SOCAN the license fees set out in this tariff, together with all the information requested under the terms of this tariff.

Royalties paid pursuant to this tariff clear not only the right for the public performance effected by the service's subscriber, but also, where applicable, the right for the communication to the public by telecommunication effected by the service when it transmits a signal to its subscribers.

This tariff does not cover the use of music expressly covered in Tariff Nos. 3.B (Recorded Music Accompanying Live Entertainment), 3.C (Adult Entertainment Clubs), 9 (Sports Events), 13 (Public Conveyances), 17 (Transmission of Pay, Specialty and Other Cable Services), 18 (Recorded Music for Dancing) or 19 (Fitness Activities; Dance Instruction). The fee is established according to whether the subscriber to the music service occupies industrial premises or other premises.

A. Industrial Premises

For the purposes of this tariff, "industrial premises" includes all premises used in the manufacturing, assembly or production of goods of any kind, as well as offices and other business premises to which the general public is not routinely admitted.

The fee for industrial premises shall be 4.75 per cent of the total amount paid by the subscriber for background music, including telephone music on hold, subject to a minimum annual fee of $48 for each premises, net of any amount paid for equipment provided to the subscriber.

B. Other Premises

The fee for other premises shall be 7.5 per cent of the amount paid by the subscriber for background music, including telephone music on hold, net of any amount paid for equipment provided to the subscriber.

A minimum annual fee of $48 is payable for each separate tenancy. The annual minimum fee for premises with no more than five permanent employees and for which the charge for the music service does not exceed $10 per month is reduced to $20.

Provisions Applicable to All Premises Covered in This Tariff

In any multiple tenancy building, each separate tenancy to which the music service is supplied, pursuant to a contract between the supplier and that tenancy, shall be subject to the minimum rate as set out above.

The fees shall be paid each month. Within 10 days of the end of a month, the supplier shall send the payment for that month, together with a report for that month.

A supplier who pays fees and files all reports by the due date shall be entitled to the following reductions in the minimum fee payable for each premises:

Number of Premises Applicable Minimum Fee
3 to 10 $45.60
11 to 50 $43.20
51 to 100 $40.80
101 to 200 $38.40
201 to 500 $36.00
501 to 1,000 $33.60

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 17

TRANSMISSION OF PAY, SPECIALTY AND OTHER CABLE SERVICES

A. Television

Definitions

1. In this tariff,

"licensed area" has the meaning attributed to it in section 2 of the Definition of "Small Cable Transmission System" Regulations, SOR/94-755, (Canada Gazette, Part II, Vol. 128, page 4096), which reads:

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

"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 Broadcast Procedures and Rules of the Department of Communications effective February 1989); (TVFP)

"premises" has the meaning attributed to it in section 2 of the Definition of "Small Cable Transmission System" Regulations, SOR/94-755, (Canada Gazette, Part II, Vol. 128, page 4096) which reads:

'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)"

"signal" means a television signal, other than a signal within the meaning of subsection 28.01(1) of the Act retransmitted in accordance with subsection 28.01(2) of the Act. "Signal" includes the signals of Canadian pay and specialty services, American specialty services, community channels, and other programming and non-programming services; (signal)

"small transmission system" means

(A) a small cable transmission system as defined in sections 3 and 4 of the Definition of "Small Cable Transmission System" Regulations, which reads:

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

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

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

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

(b) their licensed 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 the distance.

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

4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system located within the licensed area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that licensed area.; and

(B) any system which performs a function comparable to that of a cable transmission system, which uses Hertzian waves to transmit the signals and which otherwise meets the definition set out in paragraph (A); (petit système de transmission)

"transmitter" includes a person who operates a cable system (including a master antenna system), an LPTV system, a multipoint distribution system or a direct-to-home satellite system; (transmetteur)

"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

2. This tariff applies to licences for the communication to the public by telecommunication, at any time and as often as desired during 1999, of any or all of the works in SOCAN's repertoire, in connection with the transmission of a signal.

Small Transmission Systems and Unscrambled Low Power Television Stations

3. (1) The royalty payable by a transmitter for all signals in a small transmission system or in an LPTV system whose signal is not scrambled shall be $10 in 1999, due on the later of January 31, 1999 or the last day of the month after the month in which the system first transmits a signal in 1999.

(2) A system shall be deemed to be a small transmission system in 1999 if

(a) it is a small transmission system on the later of December 31, 1998 or the last day of the month in which it first transmits a signal in 1999; or

(b) the average number of premises, determined in accordance with the Definition of "Small Cable Transmission System" Regulations, the system served or was deemed to serve on the last day of each month during 1998 was no more than 2,000.

Other Transmission Systems

4. The monthly royalty payable by a transmitter for the signals of Canadian pay and American specialty services in a system other than a system referred to in section 3 shall be 2.1 per cent of the transmitter's affiliation payments payable to these services during that month.

5. (1) The monthly royalty payable by a transmitter for all other signals in a system other than a system referred to in section 3 shall be payable for each premises or TVRO the transmitter serves on the last day of that month.

(2) The rate of the royalty payable under subsection (1) for a direct-to-home satellite system shall be based on the total number of TVROs it serves on the last day of any given month.

(3) Subject to subsection (4), the rate of the royalty payable under subsection (1) for a system other than a direct-to-home satellite system shall be based on the total number of premises served in the system's licensed area on the last day of any given month.

(4) The rate of the royalty payable for a master antenna system 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 its licensed area shall be the same as that for the other transmission system.

Rates

6. Royalties payable under section 5 shall be calculated as follows:

Number of Premises/TVROs	Monthly Rate for Each Premises or TVRO
2,001 - 2,500	8.5¢
2,501 - 3,000	10.0¢
3,001 - 3,500	11.1¢
3,501 - 4,000	12.6¢
4,001 - 4,500	13.7¢
4,501 - 5,000	15.2¢
5,001 - 5,500	16.4¢
5,501 - 6,000	17.6¢
6,001 and over	19.0¢

Francophone Markets

7. (1) Royalties payable under section 5 for a system located in a Francophone market shall be calculated at a rate equal to 85 per cent of the rate otherwise payable under section 6.

(2) A 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 service 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 service area, according to the most recent population figures published by Statistics Canada.

Discount for Transmitters Providing No More Than Three Canadian Specialty Services

8. Royalties payable under sections 5 or 7 for a system offering no more than three Canadian specialty services shall be reduced by 50 per cent.

Discount for Certain Non-Residential Premises

9. (1) 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: 50 per cent;

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

(2) Subsection (1) does not apply to the signals of pay-per-view services.

Due Date for Royalties

10. Royalties, other than royalties payable pursuant to section 3, shall be due on the last day of the month following the month for which the royalties are being paid.

Interest on Late Payments

11. Any amount not received by the due date shall bear interest calculated monthly on the last day of each month, at the Bank Rate effective on that day (as published by the Bank of Canada) plus one per cent.

Reporting Requirements: Small Transmission Systems

12. A transmitter who operates a small transmission system shall provide the following information with its payment:

(a) the number of premises served in the system on the later of December 31, 1998, or the last day of the month in which the system first transmitted a signal in 1999;

(b) if the small transmission system qualifies as such by virtue of paragraph 3(2)(b), the number of premises, determined in accordance with the Definition of "Small Cable Transmission System" Regulations, the system served or was deemed to serve on the last day of each month during 1998;

(c) if the small transmission system is a master antenna system and is located within the service area of another cable transmission system, the name of that other system and a statement to the effect that the other system transmits a signal, with or without a fee, to not more than 2,000 premises in its licensed area; and

(d) if the small transmission system is included in a unit within the meaning of the Definition of "Small Cable Transmission System" Regulations

Reporting Requirements: Other Systems

13. A transmitter who operates a system other than a system referred to in section 3 shall provide the following information with its payment:

(a) the number of premises or TVROs served in each system it operates on the last day of the relevant month; and

(b) the amount of affiliation payments payable to each service referred to in section 4 during the relevant month.

Audit

14. SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalty payable by the licensee.

Tariff 17.A does not apply to the use of music covered under Tariff 22.

B. Radio

For a licence to communicate to the public by telecommunication, in 1999, any or all of the works in SOCAN's repertoire, in connection with the transmission of non-broadcast radio services to its subscribers, the transmitter shall pay a fee per calendar month equal to 10 per cent of the gross amount paid to the transmitter by its subscribers for the non-broadcast radio services, subject to a minimum fee of $1 per month per subscriber, payable within 30 days of the end of each month.

The transmitter shall, with each payment of fees, report the names of all non-broadcast radio services that the transmitter transmits, the number of residential subscribers to each such service and the gross amount paid by these subscribers, and the number of commercial subscribers and the gross amount paid by these subscribers.

For purposes of this tariff,

"Subscriber" means:

(a) Except in the case of a transmission by a resale carrier, each single unit residence and each single unit within a multiple unit residence, a room in a hotel, hospital, nursing home or other commercial or institutional building to which one or more signals are transmitted by the licensee, irrespective of whether a charge is made for such service or whether a contract exists with regard to the transmission of such service, but shall not include any of the foregoing receiving a signal without the direct or indirect authority of the transmitter;

(b) In the case of a transmission by a resale carrier, each TVRO to which one or more signals are transmitted by the transmitter, irrespective of whether a charge is made for such service or whether a contract exists with regard to the transmission of such service, but shall not include any TVRO receiving a signal without the direct or indirect authority of the transmitter;

"Non-broadcast radio services" means radio services other than such services carried in signals originally transmitted for free reception by the public by a terrestrial radio station as defined in subsection 28.01(1) of the Copyright Act;

"Transmitter" includes a cable television system, a direct-to-home satellite system, a master antenna system, a resale carrier and a low power television transmitter;

"Resale carrier" means a transmitter transmitting by means of hertzian waves (whether via satellite or otherwise) other than a low power television transmitter;

"Low power television transmitter" means:

(a) A person operating a Low Power Television Station or a Very Low Power Television Station as defined in sections Z and G, respectively, of Part IV of the Broadcast Procedures and Rules of the Department of Communications effective February 1989, as the same may be amended from time to time.

(b) A person operating a multichannel multipoint distribution television broadcasting station.

"TVRO" means a Television Receive Only Earth Station for the receipt of signals transmitted by satellite, whether or not such earth station also receives radio signals.

This tariff shall not apply to music services covered by Tariff No. 16.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 17.B does not apply to the use of music covered under Tariff 22.

Tariff No. 18

RECORDED MUSIC FOR DANCING

[NOTE: Tariff 18, as proposed by SOCAN for the years 1998, 1999, 2000, 2001 and 2002, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

Tariff No. 19

FITNESS ACTIVITIES; DANCE INSTRUCTION

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in conjunction with physical exercises (for example, dancercize, aerobics, body building and similar activities) and dance instruction, the annual fee for each room where the performances take place is the average number of participants per week per room used during the year multiplied by $2.14, with a minimum annual fee of $64.

Payment of this fee shall be made on or before January 31, 1999, accompanied by a report of the estimated average number of participants per week per room used during 1999.

On or before January 31, 2000, a report signed by an authorized representative shall be submitted to SOCAN indicating the actual average number of participants per week per room used during 1999. Any additional fees due on the basis of the report shall be paid to SOCAN. If the fee due is less than the amount paid in advance, the licensee shall be credited with the amount of such overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 20

KARAOKE BARS AND SIMILAR ESTABLISHMENTS

[NOTE: Tariff 20, as proposed by SOCAN for the years 1998, 1999 and 2000, was published by the Copyright Board in the Supplement to the Canada Gazette dated October 18, 1997.]

Tariff No. 21

RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE OR UNIVERSITY

For a licence to perform, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, in a recreational facility operated by a municipality, school, college or university, during recreational sporting activities, shows or events, including minor hockey, figure skating, roller skating, ice skating, and youth figure skating carnivals, the annual fee shall be $150 for the facility, if the gross revenues generated from admission to these events during the year do not exceed $12,500.

Payment of this fee shall be made on or before January 31, 1999. On or before January 31, 2000, a report shall be submitted to SOCAN confirming that the gross revenues generated from the events covered by this tariff do not exceed $12,500.

A facility paying under this tariff is not required to pay under Tariff Nos. 7, 9 or 11 for the events covered in this tariff.

This tariff does not cover the use of music expressly covered in Tariffs 4 (Concerts), 8 (Receptions, Conventions, etc.), 11.B (Comedy Shows and Magic Shows) or 19 (Fitness Activities; Dance Instruction).

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 22

TRANSMISSION OF MUSICAL WORKS TO SUBSCRIBERS VIA A TELECOMMUNICATIONS SERVICE NOT COVERED UNDER TARIFF NOS. 16 OR 17

[NOTE TO PROSPECTIVE USERS: Tariff 22 was first proposed and filed by SOCAN for the year 1996, and was again filed in the same tariff structure and formula for 1997 and 1998.

Proceedings are now underway before the Copyright Board to examine various objections to the tariff.

Pending the outcome of the Board's examination, SOCAN refiles it for 1999 without change. However, as indicated by SOCAN in responses to initial questions of the Board, SOCAN recognizes that modifications to the tariff may be necessary as a result of the hearings before the Board.

SOCAN reserves the right to propose changes as may be justified as a consequence of the hearing process.

It is SOCAN's intention that the tariff reflect the value of the music to all users in the communication chain. It is also SOCAN's intention that the fees be paid to SOCAN by the entities that provide end users with access to the telecommunication networks, provided, however, that if some or all access providers are determined not to be liable or otherwise do not pay the approved fees, then the tariff should provide for payment of the fees by other appropriate participants in the communication chain.]

For a licence to communicate to the public by telecommunication, in Canada, musical works forming part of SOCAN's repertoire, by a telecommunications service to subscribers by means of one or more computer(s) or other device that is connected to a telecommunications network where the transmission of those works can be accessed by each subscriber independently of any other person having access to the service, the licensee shall pay a monthly fee calculated as follows:

(a) in the case of those telecommunications services that do not earn revenue from advertisements on the service, $0.25 per subscriber.

(b) in the case of those telecommunications services that earn revenue from advertisements on the service, 3.2 per cent of gross revenues, with a minimum fee of $0.25 per subscriber.

"Telecommunications service" includes a service known as a computer on-line service, an electronic bulletin board service (BBS), a network server or a service provider or similar operation that provides for or authorizes the digital encoding, random access and/or storage of musical works or portions of musical works in a digitally encoded form for the transmission of those musical works in digital form via a telecommunications network or that provides access to such a telecommunications network to a subscriber's computer or other device that allows the transmission of material to be accessed by each subscriber independently of any other person having access to the service. "Telecommunications service" shall not include a "music supplier" covered under Tariff 16 or a "transmitter" covered under Tariff 17.

"Subscriber" means a person who accesses or is contractually entitled to access the service provided by the telecommunication service in a given month.

"Gross revenues" includes the total of all amounts paid by subscribers for the right to access the transmissions of musical works and all amounts paid for the preparation, storage or transmission of advertisements on the service.

"Advertisements on the service" includes any sponsorship announcement, trade-mark, commercial message or advertisement displayed, communicated or accessible during connection to or with the service or to which the subscriber's attention is directly or indirectly guided by means of a hypertext link or other means.

The fee shall be paid within 10 days of the end of each month together with a report of the number of subscribers and the gross revenues described above for the relevant month.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 23

HOTEL AND MOTEL ROOM SERVICES NOT COVERED BY TARIFF 17.A OR 17.B

For a licence to communicate to the public by telecommunication, at any time and as often as desired in 1999, any or all of the works in SOCAN's repertoire, as part of hotel and motel room services not covered by Tariff 17.A or 17.B, the fee payable by the establishment shall be 2.1 per cent of the amount paid by guests for the services, with a minimum fee of $1.00 per month per hotel/motel room.

No later than January 31, 1999, the licensee shall pay to SOCAN the estimated fee owing for 1999. The payment shall be based on and accompanied by a report showing the number of hotel/motel rooms in the establishment and an estimate of the amount expected to be paid by guests for the services during 1999.

No later than January 31, 2000, the licensee shall file with SOCAN a report showing the number of hotel/motel rooms in the establishment and the actual amount paid by guests for the services during 1999 and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

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