Vol. 142, No. 50 — December 13, 2008

COPYRIGHT BOARD

FILE: Retransmission 2004-2008

Statements of Royalties to Be Collected for the Retransmission of Distant Television and Radio Signals, in Canada, for the years 2004 to 2008

In accordance with subsection 73(3) of the Copyright Act, the Copyright Board has certified and hereby publishes the statements of royalties to be collected for the retransmission of distant television and radio signals, in Canada, for the years 2004 to 2008.

Ottawa, December 13, 2008

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; 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 a LPTV or 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; 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.

DTH

6. Until March 7, 2004, the royalty for a DTH shall be payable monthly for each premises 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, after March 7, 2004, a DTH) 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 payable under subsection (1) shall be based on the total number of premises served by the system in its service area on the last day of any given month.

(3) The rate of the royalty payable for a cable retransmission system (including a master antenna system) 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 its service area shall be the greater of the rate applicable to the system paying the royalties or the rate 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 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:

Francophone Markets

10. (1) Subject to subsection 10(3), royalties payable under section 7 for a cable retransmission system located in a Francophone market or for premises receiving scrambled signals from a MDS 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 or MDS 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

(i) Bathurst, Campbellton, Dalhousie, Edmundston, Kedgwick or Shediac, New Brunswick,

(ii) Cochrane, Fauquier-Strickland, Hawkesbury, Hearst, Hornepayne, Kapuskasing, Mattice-Val Côté, Opasatika or Smooth Rock Falls, Ontario, or

(iii) Gravelbourg, Saskatchewan; or

(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 of the system’s service area, according to the most recent population figures published by Statistics Canada.

(3) Subsection (1) does not apply to premises which receive an English language signal or service, other than a pay-per-view or video on demand service, that is provided on a stand-alone basis or in a package that includes only English language signals or services.

(4) Royalties payable under sections 6 or 7 for a DTH in respect of premises which receive a French language basic service shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under section 9, unless the premises also receive

(a) signals or services included in the English language basic service that are not included in the French language basic service; or

(b) a basic service intended for bilingual subscribers.

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 per cent 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: by 75 per cent;

(b) rooms in hotels: by 40 per cent; and

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

Allocation of the Retransmission Royalty

15. (1) For the year 2004, a retransmitter shall pay to the collective societies the following portions of the royalty:

1. BBC: 2.67 per cent

2. CBRA: 6.09 per cent

3. CCC: 57.19 per cent

4. CRC: 12.03 per cent

5. CRRA: 15.87 per cent

6. FWS: 1.44 per cent

7. MLB : 1.61 per cent

8. SOCAN : 3.10 per cent

(2) For the years 2005 to 2008, a retransmitter shall pay to the collective societies the following portions of the royalty:

1. BBC: 2.67 per cent

2. CBRA: 6.09 per cent

3. CCC: 56.37 per cent

4. CRC: 12.03 per cent

5. CRRA: 15.87 per cent

6. DRTVC: 0.82 per cent

7. FWS: 1.44 per cent

8. MLB : 1.61 per cent

9. SOCAN : 3.10 per cent

ADMINISTRATIVE PROVISIONS

Reporting Requirements: General

16. Subject to sections 17 to 23, 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,

(i) the name of a corporation and a mention of its jurisdiction of incorporation,

(ii) the name of the proprietor of an individual proprietorship, or

(iii) the names of the principal officers of all other retransmitters,

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) a copy of any current map of a service area in which the system is located which is on file with the CRTC, or, if there is no such map, upon request, a current map of its service area, unless such a filed map or other map has already been provided to the collective society;

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

(h) the number of premises 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

(i) the name or call letters,

(ii) any network affiliation,

(iii) if the signal is a repeater, the call letters and any network affiliation of the mother signal,

(iv) any other name by which the service or signal may be commonly known, and

(v) an indication of whether the service or signal is offered on the basic or discretionary tier; and

(k) for each service or signal distributed

(i) the number of premises of each type receiving the service or signal, and

(ii) the number of premises of each type receiving the signal as distant,

provided that if the retransmitter claims a discount pursuant to section 10, the information shall be provided separately for premises served to which the discount applies.

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 service 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 service area;

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

(i) the date the system was included in the unit,

(ii) the names of all the systems included in the unit,

(iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and

(iv) the nature of the control exercised by these persons; and

(d) whether the small retransmission system is licensed by the CRTC, and if it is not, the date of cancellation of its licence, or the date the system began operations as a system exempt from the CRTC’s licensing requirements, whichever first occurred.

Reporting Requirements: LPTVs and MDSs

18. (1) A retransmitter who operates a LPTV or 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.

(2) A retransmitter who operates any other LPTV or 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.

Reporting Requirements: DTH

19. A retransmitter who operates a DTH 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.

Additional Reporting Requirements: MATV Systems

20. 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 shall indicate whether or not it is licensed by the CRTC.

Additional Reporting Requirements: Cable Retransmission Systems (other than Small Retransmission Systems) Located in the Service Area of Another Cable Retransmission System

21. A retransmitter who operates a cable retransmission system, other than a small retransmission system, 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 its service area shall provide, in addition to the information required under section 16, the name of that other cable retransmission system.

Additional Reporting Requirements: Francophone Markets

22. A retransmitter who operates a cable retransmission system or a MDS 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 20,

(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 service 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 service 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.

Additional Reporting Requirements: Multi-System Operators

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

Reporting Dates

24. (1) The information required under sections 16 to 23 shall be supplied as of December 31 of each 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 23 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

25. The information required under sections 16 to 23 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

26. 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

27. (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) A retransmitter shall provide a collective society, upon request, with a list of the postal codes within a system’s service area, together with

(a) the number of residential premises served in each such postal code; and

(b) the number of residential premises in each postal code that receive each signal, provided that the collective society has not made such a request with regard to the system for at least 12 months.

28. (1) Subject to the provisions of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, a retransmitter shall keep and preserve until December 31, 2014, 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 the records referred to in subsection (1) at any time until December 31, 2014, 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

29. (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 required by 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

30. (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

31. (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 32 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 a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Addresses for Notices, etc.

32. (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 24(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

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

(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 fax shall be presumed to have been received the day it is transmitted.

Appointment of Designate

34. (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.

Transitional Provisions

35. In this part of the tariff, “additional royalties” means the royalties a retransmitter owes as a result of a difference between the rates set in this tariff and the interim rates approved by the Copyright Board on December 22, 2003.

36. A payment that a collective society received before January 1, 2009 and that was allocated pursuant to section 15 of the interim television retransmission tariff approved on December 22, 2003 shall be deemed to have been properly allocated pursuant to this tariff.

37. A retransmitter shall allocate additional royalties according to the following grid:

38. (1) No later than February 28, 2009, a retransmitter who owes additional royalties shall provide to each collective society a statement of additional royalties, together with the payment of any additional royalties owed.

(2) Royalties paid pursuant to paragraph (1) shall not bear any interest.

39. FWS shall refund any overpayment no later than 60 days after it receives a retransmitter’s statement of additional royalties.

40. No later than June 30, 2009, a collective society may file with the Board a motion requesting that the Board determine

(a) which collective societies are entitled to an adjustment as a result of the differences between the allocations set out in the interim television retransmission tariff and this tariff with respect to payments received before January 1, 2009;

(b) which collective societies have received more than they were entitled to; and

(c) the amounts collective societies identified pursuant to paragraph (a) should receive from those identified pursuant to paragraph (b).

APPENDIX A: COLLECTIVE SOCIETIES

TELEVISION TARIFF2004-2008

Border Broadcasters, Inc. (BBC)
c/o Ms. Marcie Smith
P.O. Box 2469A
Station A
Toronto, Ontario
M5W 2K6
248-344-2997 (telephone)
248-596-1103 (fax)

Canadian Broadcasters Rights Agency Inc. (CBRA)
P.O. Box 459
Winchester, Ontario
K0C 2K0
613-774-6288 (telephone)
613-774-6289 (fax)

Canadian Retransmission Collective (CRC)
74 The Esplanade
Toronto, Ontario
M5E 1A9
416-304-0290 (telephone)
416-304-0496 (fax)

Canadian Retransmission Right Association (CRRA)
c/o Canadian Broadcasting Corporation
181 Queen Street
P.O. Box 3220
Station C
Ottawa, Ontario
K1Y 1E4
613-288-6276 (telephone)
613-288-6279 (fax)

Copyright Collective of Canada (CCC)
22 St. Clair Avenue E
Suite 1603
Toronto, Ontario
M4T 2S4
416-961-1888 (telephone)
416-968-1016 (fax)

Direct Response Television Collective Inc. (DRTVC)
c/o Lewis Birnberg Hanet, LLP
693 Queen Street E
Suite 105
Toronto, Ontario
M4M 1G6
647-259-0950 (telephone)
416-865-1018 (fax)

FWS Joint Sports Claimants Inc. (FWS)
c/o Piasetzki & Nenniger
Barristers and Solicitors
120 Adelaide Street W
Suite 2308
Toronto, Ontario
M5H 1T1
416-955-0050 (telephone)
416-955-0053 (fax)

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 (fax)

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 (fax)

APPENDIX B

TELEVISION FORMS

Form 1: General Information

Form 2: Small Retransmission Systems Declaration

Form 3: Information about Premises Served — Royalty Calculation

Form 4: Television 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 8: Report of Residential Premises in Each Postal Code

GENERAL INFORMATION
(Television Tariff, sections 16, 18, 19, 20, 21)

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.: _____________________

Email: ________________________

8) 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 UNSCRAMBLED MDS.)

9) 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 MATV SYSTEM: please provide the address where the system 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: ______ ______

(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 as well as the date when the most recent map was filed.

10) 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: ____________

UNLICENSED SYSTEMS

If the system is not licensed by the CRTC:

(a) Under what exemption order does the system operate?
PN # __________________, and

(b) On what date did the system begin operating as an exempt system?

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.

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 service 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 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.

D) ROYALTY SHARE OF EACH COLLECTIVE SOCIETY

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

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.

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: ______________

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.

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.

———

 ¹ See sections 7 to 10 of the tariff. 2. Generally speaking, the rate for cable retransmission systems is based on the total number of premises of all types served within the service area in which the system is located, whether or not these premises receive a distant television signal. Please consult the relevant provisions of the tariff to ensure that you use the correct rate.

 ² The number in line 3 should be the same as the total of lines 5, 7, 9, 11, 13 and 15.

 ³ See paragraph 13(1)(a) of the tariff.

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

 ⁵ See section 12 of the tariff.

 ⁶ See paragraph 13(2)(a) of the tariff.

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

 ⁸ The number in line 21 should be the same as the total of lines 22, 24 and 26.

 ⁹ See paragraph 13(1)(a) of the tariff.

¹⁰  See paragraph 13(1)(b) of the tariff.

¹¹ 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:

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

FORM 4 (TELEVISION)

TELEVISION SERVICE INFORMATION AS OF ________ (relevant date) (Television Tariff, paragraphs 16(j), (k))

PLEASE PROVIDE THE FOLLOWING INFORMATION FOR ALL TELEVISION BROADCAST SIGNALS (INCLUDING SUPERSTATIONS) SUPPLIED TO SUBSCRIBERS.

———

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

FORM 5 (TELEVISION)

REPORT FOR CABLE RETRANSMISSION SYSTEMS OPERATING IN A FRANCOPHONE MARKET AND SCRAMBLED MDS TRANSMITTERS LOCATED IN A FRANCOPHONE MARKET
(Television Tariff, sections 10 and 22)

NAME OF SYSTEM:

I. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — CABLE RETRANSMISSION SYSTEM

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

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

If the cable retransmission system is in the Province of Quebec, or 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.

Cable retransmission systems whose service 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).

II. ELIGIBILITY FOR FRANCOPHONE 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
subparagraph 10(2)(a) or (b) of the Television Tariff, complete only (A), (D) and (E). For each transmitter which is eligible under
subparagraph 10(2)(c) of the Television Tariff, complete (A), (B), (C), (D) and (E).

If the total of (B) is more than 50 per cent of (C), 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 23)

FORM 7 (TELEVISION)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Television Tariff, subsection 27(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)

PREMISES IN HEALTH INSTITUTIONS

PREMISES IN EDUCATIONAL INSTITUTIONS

FORM 8 (TELEVISION)

REPORT OF RESIDENTIAL PREMISES IN EACH POSTAL CODE AREA AS OF ____________________
(Television Tariff, section 27)

A. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPH 27(2)(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 WITH RESPECT TO THAT SYSTEM.

NAME OF SYSTEM: _____________________________________

B. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPH 27(2)(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: _______________________________________

C. A COLLECTIVE SOCIETY IS ENTITLED UNDER PARAGRAPHS 16(j) AND (k) AND SUBSECTION 27(2) 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.

NAME OF SYSTEM: ________________________________________

PLEASE COMPLETE THE FOLLOWING TABLE FOR THE PRECEDING SIGNAL COMBINATION

STATEMENT OF ROYALTIES TO BE COLLECTED FOR
THE RETRANSMISSION OF DISTANT RADIO SIGNALS,
IN CANADA, FOR THE YEARS 2004 TO 2008

Short Title

1. This tariff may be cited as the Radio Retransmission Tariff, 2004-2008.

Definitions

2. (1) Subject to subsections (2) and (3), in this tariff,

“CRTC” means the Canadian Radio-television and Telecommunications Commission; (« CRTC »)

“distant signal” has the meaning attributed to it in subsection 2(2) of the Definition of Local Signal and Distant Signal Regulations, SOR/89-254, as amended by SOR/2004-33, which reads:

“ For the purposes of subsection 31(2) of the Copyright Act, ‘distant signal’ means a signal that is not a local signal.”; (« signal éloigné »)

“DTH” means a direct-to-home satellite system; (« SRD »)

“local signal” has the meaning attributed to it in subsection 2(1) of the Definition of Local Signal and Distant Signal Regulations, and corresponds to a signal received in premises located within a terrestrial radio station’s area of transmission (as defined in section 1 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 1997); (« TVFP »)

“MDS” means a multichannel multipoint distribution system; (« SDM »)

“premises” has the meaning attributed to it in section 2 of the Definition of “Small Retransmission Systems” Regulations, SOR/89-255, as amended by SOR/94-754 and SOR/2005-147, 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 »)

“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), a LPTV, a MDS or a DTH; (« retransmetteur »)

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

“ ‘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 »)

“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, except section 8, this meaning is restricted to a radio signal only; (« signal »)

“small retransmission system” means a small retransmission system as defined 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, ‘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.

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.”; (« petit système de retransmission »)

“year” means a calendar year. (« année »)

(2) Notwithstanding subsection (1), the following definitions apply to this tariff until March 7, 2004:

“distant signal” has the meaning attributed to it in paragraph 3(b) of the Local Signal and Distant Signal Regulations, SOR/89-254, which reads:

“ ‘distant signal’ means a signal that is not a local signal.”; (« signal éloigné »)

“local signal” has the meaning attributed to it in subsection 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 radio station’s area of transmission (as defined in section 2 of the Regulations). (« signal local »)

(3) Notwithstanding subsection (1), the following definitions apply to this tariff until May 16, 2005:

“licence” has the meaning attributed to it in section 2 of the Definition of Small Retransmission Systems Regulations, SOR/89-255, as amended by SOR/94-754, 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 »)

“service area” has the meaning attributed to licensed area 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 service »)

“small retransmission system” means

(A) a small retransmission system as defined in sections 3 and 4 of the Definition of Small Retransmission Systems Regulations, which read:

GENERAL INFORMATION
(Radio Tariff, sections 11, 13, 14, 15, 16)

1) Name of the system: _____________________

2) Type of system: PLEASE CHECK WHERE APPROPRIATE

____ SMALL SYSTEM;

____ MATV SYSTEM;

____ UNSCRAMBLED LPTV;

____ SCRAMBLED LPTV;

____ DTH;

____ CABLE SYSTEM;

____ UNSCRAMBLED MDS;

____ SCRAMBLED MDS;

____ 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:

(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: __________________________________

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: ____________________

Email: ________________________

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) SERVICE AREA OR LOCATION (NO ANSWER IS REQUIRED IN THE CASE OF A DTH.)

(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.

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: __ __

(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, as well as the date when the most recent map was filed.

10) 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 (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: _________

UNLICENSED SYSTEMS

If the system is not licensed by the CRTC:

(a) Under what exemption order does the system operate?
PN # ____________, and

(b) On what date did the system begin operating as an exempt system?

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.

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 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 service 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.

D) ROYALTY SHARE OF EACH COLLECTIVE SOCIETY

38.635 per cent of the royalty is payable to CBRA, 11.365 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.

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: ___________

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 LPTVS 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: ___________________

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.

38.635 per cent of the royalty is payable to CBRA, 11.365 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, paragraph 11(k))

PLEASE PROVIDE THE FOLLOWING INFORMATION FOR ALL RADIO SERVICES SUPPLIED TO SUBSCRIBERS, WHETHER OR NOT THEY ARE BROADCAST SERVICES.

^________

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 CABLE RETRANSMISSION SYSTEMS OPERATING IN A FRANCOPHONE MARKET AND SCRAMBLED MDS TRANSMITTERS LOCATED IN A FRANCOPHONE MARKET
(Radio Tariff, sections 8 and 17)

NAME OF SYSTEM:

I. ELIGIBILITY FOR FRANCOPHONE MARKET DISCOUNT — CABLE RETRANSMISSION SYSTEM

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

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

If the cable retransmission system is in the Province of Quebec, or 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.

Cable retransmission systems whose service 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).

II. ELIGIBILITY FOR FRANCOPHONE 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 subparagraph 8(2)(a) or (b) of the Radio Tariff, complete only (A), (D) and (E). For each transmitter which is eligible under subparagraph 8(2)(c) of the Radio Tariff, complete (A), (B), (C), (D) and (E).

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

FORM 6 (RADIO)

SYSTEMS REPORTED BY THE SAME RETRANSMITTER
(Radio Tariff, section 18)

FORM 7 (RADIO)

REPORT OF PREMISES ENTITLED TO A DISCOUNT
(Radio Tariff, section 22)

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)

PREMISES IN HEALTH INSTITUTIONS

PREMISES IN EDUCATIONAL INSTITUTIONS