Decisions

Interim tariff for the retransmission of distant television signals, 2019-2023

Reasons for decision

[1] On December 28, 2018, the Board certified the Interim Tariff for the Retransmission of Distant Television and Radio Signals, 2019-2023. In particular, the decision extends the application of the Radio Retransmission Tariff, 2014-2018 until the final tariff is certified for the years 2019 to 2023. The decision also extends the application of the Television Retransmission Tariff, 2009-2013 until the final tariff is certified for the years 2019 to 2023, except for the royalty rates which are set at their most current level, namely the 2016-2018 royalty rates as determined in the Board’s decision of December 18, 2018 on the quantum of the Tariff for the Retransmission of Distant Television Signals, 2014-2018.

[2] On January 25, 2019, the television collective societies (Border Broadcasters, Inc. (BBI); Canadian Broadcasters Rights Agency (CBRA); Copyright Collective of Canada (CCC); Canadian Retransmission Collective (CRC); Canadian Retransmission Right Association (CRRA); Direct Response Television Collective Inc. (DRTVC); FWS Joint Sports Claimants Inc. (FWS); Major League Baseball Collective of Canada, Inc. (MLB); Society of Composers, Authors and Music Publishers of Canada (SOCAN)) informed the Board that they have reached a tentative agreement regarding the issue of royalty allocation for the remaining unresolved years of the Tariff for the Retransmission of Distant Television Signals, 2014-2018.

[3] On January 31, 2019, the collectives advised the Board that they have all confirmed their agreement to the new allocations and requested that the Interim Television Retransmission Tariff, 2019-2023 be revised to reflect the newly agreed to royalty allocations. The collectives added that the request was made with the consent of the Objectors. [1]

[4] In light of the agreement regarding royalty allocations, the application to vary the Interim Television Retransmission Tariff, 2019-2023 is granted. The interim tariff is amended as follows.

[5] Section 14 of the interim television tariff is replaced by the following:

14. A retransmitter shall pay to the collective societies the following portions of the royalty:

[6] In Appendix B of the interim television tariff, “Column B” of “D) Royalty Share of Each Collective Society” of Form 2 (Television) and “Column B” of the last table of Form 3 (Television) are replaced by the following:

Gilles McDougall

Secretary General