Proposed Tariffs

PROPOSED TARIFF Filed with the Copyright Board by SOCAN on 2022-10-15 pursuant to subsection 67(1) of the Copyright Act

Proposed Tariff Title: Radio Retransmission Tariff, 2024-2028 For the communication to the public by telecommunication of musical or dramatico-musical works. Proposed Short Title: Radio Retransmission Tariff, 2024-2028 Effective Period: 2024-01-01 – 2028-12-31 STATEMENT OF ROYALTIES TO BE COLLECTED FOR THE RETRANSMISSION OF DISTANT RADIO SIGNALS IN CANADA, FOR THE YEARS 2024-2028

This Statement of Royalties is submitted on behalf of the collective societies listed in Appendix A (hereinafter collectively called “collective societies”). The collective societies submit this tariff on a joint basis. Short Title 1. This tariff may be cited as the Radio Retransmission Tariff, 2024-2028. Definitions 2. In this tariff, “broadcaster compilations” means all compilations created by broadcasters of radio programs and musical works carried on the broadcasters’ signals; (« compilations de radiodiffuseur »)

“cable retransmission system” includes, without limitation, a master antenna system and an Internet Protocol Television (IPTV) retransmission system but, for clarity, excludes a new media retransmission system of a “new media retransmitter” as defined in Section 31 of the Copyright Act, R.S., 1985, c. C-42 as amended (the “Copyright Act”); (« système de retransmission par câble »)

“compilation” has the meaning attributed to it in section 2 of the Copyright Act, which reads: “ ‘compilation’ means (a) a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof; or

(b) a work resulting from the selection or arrangement of data.”; (« compilation »)

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

“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 February 2016); (« TVFP »)

“MDS” means a multichannel multipoint distribution system; (« SDM ») “musical works” means all musical and dramatico-musical works; (« œuvres musicales ») “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 ») “radio programs” means all works other than musical works, of any length or kind, or any combination thereof, including, without limitation all spoken word works, radio plays, sports game broadcasts and related commentary, and commercials, and shall be deemed to include any underlying works relating to such works; (« programmes de radio »)

“retransmitter” has the meaning attributed to it in section 31 of the Copyright Act, and includes a person who operates one or more of a cable retransmission system, an LPTV, an 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:

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

“ ‘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 re ­transmission 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 »)

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

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.

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

THE TARIFF Small Retransmission Systems 4. (1) The royalty for a small retransmission system shall be $25.00 per year for all radio programs and musical works, and $12.50 per year for all broadcaster compilations, 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 prev ious 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 an LPTV or an MDS whose signals are not scrambled shall be $25.00 per year for all radio programs and musical works, and $12.50 per year for all broadcaster compilations, 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.

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

Other Retransmission Systems 6. (1) Subject to subsection (2), the royalty for any other retransmission system (including, without limitation a scrambled LPTV or MDS) shall be 20¢ per year for all radio programs and musical works, and 10¢ per year for all broadcaster compilations, for each premises served by the system on the later of December 31 of the previous year or the last day of the month in which it first retransmits a distant signal in the 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) The rate of the royalty payable for a cable 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 be the same as that of the other retransmission system.

Unauthorized Reception of Retransmitted Signals 7. 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.

Francophone Markets 8. (1) Subject to subsection (3), royalties payable under section 6 for a cable retransmission system located in a Francophone market or for premises receiving scrambled signals from an LPTV or MDS located in a Francophone market shall be calculated at a rate equal to 50 per cent of the rate otherwise payable under that section.

(2) A cable retransmission system or an LPTV or an 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

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

(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 section 6 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 that section, 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. Discount for Certain Non-Residential Premises 9. 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; (c) rooms in schools and other educational institutions: by 75 per cent. Allocation of the Retransmission Royalty 10. A retransmitter shall pay to the collective societies (a) the following portions of the royalties payable for all radio programs and musical works: 1. CBRA: [To be determined as provided for in Section 30 and Appendix C] 2. CRRA: “ 3. FWS: “ 4. SOCAN: “.

(b) the following portions of the royalties payable for broadcaster compilations: 1. CBRA: [To be determined as provided for in Section 30 and Appendix C] 2. CRRA: “.

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

ADMINISTRATIVE PROVISIONS Reporting Requirements: General 11. Subject to sections 12 to 18, 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 fax number and email address) for the purposes of notice;

(d) the name and address of any other retransmitter that 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, un less 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 authorized to have more than one outlet for the retransmitted signals;

(j) where possible, the number of premises of each type authorized to have more than two outlets; and

(k) for each service or signal distributed (i) the name or call letters,

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

(ii) the frequency band, (iii) any network affiliation, (iv) if the signal is a repeater, the call letters of the mother signal, and (v) the number of premises of each type receiving the service or signal, provided that if the retransmitter claims a discount pursuant to section 8, the information shall be provided separately for premises served to which the discount applies.

Additional Reporting Requirements: Small Retransmission Systems 12. A retransmitter who operates a small retransmission system shall provide, in addition to the information required under section 11, 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.

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

Reporting Requirements: LPTVs and MDSs 13. (1) A retransmitter who operates an LPTV whose signals are not scrambled or an 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) and (k) of section 11; 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 11.

Reporting Requirements: DTH 14. 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 11.

Additional Reporting Requirements: MATV Systems 15. A retransmitter who operates a master antenna system shall provide, in addition to the information required under section 11 or 12, 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

16. A retransmitter who operates a cable retransmission system (excluding 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 11, the name of that other cable retransmission system.

Additional Reporting Requirements: Francophone Markets 17. A retransmitter who operates a cable retransmission system or a scrambled LPTV or 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 11, 15 and 16,

(a) the name of the city, town or municipality listed in paragraph 8(2)(b) which is encompassed in whole or in part in the service area of the system; or

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

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

Reporting Dates 19. The information required under sections 11 to 18 shall be supplied as of December 31 of every year and shall be provided by January 31 of the following year.

Forms 20. The information required under sections 11 to 18 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 21. 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 22. 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 9.

23. (1) Subject to the provisions of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5, as amended by the Digital Privacy Act, S.C. 2015, c.5, a retransmitter shall keep and preserve until December 31, 2034, 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, 2034, 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

Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 18, 2022.

pay the reasonable costs of the audit of the system within 30 days of the demand for payment being made.

Confidentiality 24. (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.