Part INoticeVolume 158, Number 2Published: January 13, 2024

Television Retransmission Tariff 2014–2018

Canada Gazette, Part I, Volume 158, Number 2: SUPPLEMENT

COPYRIGHT BOARD

Key facts

Published
January 13, 2024
Comment deadline
Unclear
Effective date
Unclear

Summary#

The Copyright Board published the Television Retransmission Tariff, 2014-2018, which sets the fees, discounts, reporting rules and audit requirements for retransmitting distant television signals in Canada for the years covered. It fixes a flat fee for very small systems and per-premises monthly rates for larger systems, and spells out how the money is split among listed copyright collectives.

What it does#

  • Defines which retransmitters the tariff covers (cable systems, master antenna systems, DTH, MDS, LPTV and similar systems) and applies when they carry one or more distant television signals.
  • Fixes a flat royalty of $100 per year for:
    • a "small retransmission system" (systems serving up to 2,000 premises), and
    • unscrambled LPTV or unscrambled MDS transmitters.
  • For other systems, sets monthly per-premises rates based on how many premises the system serves:
    • For 2014 the monthly range is $0.49 to $1.06 per premises.
    • For 2015–2018 the monthly range is $0.55 to $1.12 per premises.
  • Provides discounts and special rules, including:
    • Francophone market discount: 50% off the rate for cable systems and certain MDS signals in qualifying Francophone areas.
    • TVA-only signal discount: 95% reduction where the TVA distant signal is carried to meet a CRTC order and the system is not in a Francophone market.
    • “Duplicate” network discounts: 75% reduction for premises receiving only one duplicated network distant signal, 50% for two or more duplicated signals (different percentages apply where TVA is also involved).
    • Non-residential discounts: rooms in hospitals/schools 75% off, hotel rooms 40% off.
  • Specifies reporting, record-keeping and audit rules:
    • Retransmitters must report system information as of December 31 each year and provide it by January 31 of the following year.
    • Records must be kept and made available for audit through December 31, 2024; collective societies may audit with reasonable notice.
  • Sets how royalties are allocated among the collective societies (examples):
    • For 2014–2015: Copyright Collective of Canada (CCC) 53.38%, Canadian Broadcasters Rights Agency (CBRA) 13.50%, Canadian Retransmission Collective (CRC) 14.85%, Canadian Retransmission Right Association (CRRA) 9.76%, SOCAN 2.80%, etc.
    • For 2016–2018: CCC 54.13%, CRC 16.10%, CRRA 10.65%, CBRA 10.72%, SOCAN 2.80%, etc.
  • Includes transitional rules about “additional royalties” and reallocation of amounts between collectives, with a settlement deadline of March 31, 2024 and reallocation payments due no later than June 30, 2024.
  • Late payments and adjustments incur interest. Interest on late payments is calculated at 1% above the Bank Rate (effective on the last day of the previous month) and does not compound. The tariff also spells out interest rules for additional royalties.

Who's affected#

  • Retransmitters who carry distant television signals, including:
    • cable companies and cable retransmission systems,
    • master antenna systems,
    • direct-to-home satellite operators (DTH),
    • multichannel multipoint distribution systems (MDS),
    • low-power television stations (LPTV),
    • small local retransmission systems (those serving up to 2,000 premises).
  • The collective societies that receive royalty shares listed in the tariff, including:
    • Copyright Collective of Canada (CCC),
    • Canadian Retransmission Collective (CRC),
    • Canadian Retransmission Right Association (CRRA),
    • Canadian Broadcasters Rights Agency (CBRA),
    • Border Broadcasters Inc. (BBI),
    • Direct Response Television Collective Inc. (DRTVC),
    • FWS Joint Sports Claimants Inc. (FWS),
    • Major League Baseball Collective of Canada Inc. (MLB),
    • SOCAN.
  • It is not specified in the tariff text whether retransmitters will pass any increased costs on to subscribers. The document focuses on fees, reporting and allocation, not on consumer pricing.

Why it matters#

  • The tariff sets the legal price and paperwork rules for retransmitting distant TV signals in Canada for the covered years. That affects the operating cost and compliance burden for small local systems and larger retransmitters alike.
  • The discounts (Francophone markets, TVA, duplicate signals, and non-residential premises) can substantially reduce the fees payable in certain circumstances.
  • The allocation rules determine how the collected royalties are split among copyright holders, so they affect the revenue flows to the named collectives and their members.
  • The reporting, record-keeping and audit rules create clear administrative obligations and deadlines (e.g., January 31 reporting, record retention to December 31, 2024).

Key topics

Copyright ActDefinition of Local Signal and Distant Signal RegulationsDefinition of "Small Retransmission Systems" RegulationsTelevision Retransmission Tariff, 2014-2018Copyright BoardCanadian Radio-television and Telecommunications Commission (CRTC)cable retransmission systemDTHMDSLPTVTVAFrancophone market discountCopyright Collective of Canada (CCC)Canadian Retransmission Collective (CRC)SOCAN

Source: Canada Gazette

Official source