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A 9.1(1)(h) order (previously known as a 9(1)(h) order) is an order issued by the Canadian Radio-television and Telecommunications Commission (CRTC) pursuant to section 9.1(1)(h) of Canada's Broadcasting Act. It requires that a particular Canadian television channel is must-carry and distributed by all (or a particular subset of) cable, satellite, IPTV, or similar subscription-based television service providers in Canada. In most (but not all) cases, the order requires that the channel be included in the analogue and/or digital basic service, making it available to all subscribers of that TV service provider. A channel subject to such an order, particularly those subject to mandatory carriage on the basic service, was sometimes known as an 9(1)(h) service.

A 9.1(1)(h) order may be applied to specialty channels, licensed television networks, or other types of CRTC-licensed television services. Designation as a 9.1(1)(h) service is independent of the Category A, B, and C designations applied to specialty channels, though in most cases, specialty channels subject to 9.1(1)(h) orders were also Category A services.

Background

Section 9.1(1)(h) of Canada's Broadcasting Act states:

9.1 (1) The Commission may, in furtherance of its objects,

(h) a requirement for a person carrying on a distribution undertaking to carry, on the terms and conditions that the Commission considers appropriate, programming services, specified by the Commission, that are provided by a broadcasting undertaking;

The CRTC uses the powers granted by this section to issue must-carry orders, which compels all Canadian television service providers to make specified television channels available to their subscribers, sometimes subject to various conditions (such as region or packaging). Most of these orders relate to channels that must be carried on analogue and/or digital basic services; in these cases, the orders also mandate per-subscriber wholesale rates to be paid to the operators of each of these channels.

In its 2013 review of applications for mandatory carriage under 9(1)(h), the CRTC stated that it only approves mandatory carriage for channels which "make exceptional contributions to meeting the objectives of the Act. These objectives notably include reflecting the ethno-cultural and linguistic diversity of Canada, including the special place of Aboriginal peoples in Canadian society and the needs of official language minority communities; allowing Canadians living with disabilities to participate more fully in the Canadian broadcasting system; and supporting Canada’s democratic life and institutions and its regions, including the North."

The Canadian Broadcasting Corporation's broadcast television networks, CBC Television and Ici Radio-Canada Télé, are also required to be carried in the basic package of all television providers nationwide. Local service providers are also required to offer any local television stations with over-the-air coverage in their service area, as well as the designated provincial education channel(s) and/or legislature channel, if applicable. However, these requirements are codified in the CRTC's Broadcast Distribution Regulations, and are not subject to an explicit mandatory-carriage order. Specialty channels owned by the CBC are not subject to mandatory carriage under the Broadcast Distribution Regulations, but may be subject to 9.1 (1)(h) orders, and to the mandatory distribution rules for all specialty channels.

Current services

Mandatory carriage (must-carry)

1. If the channel is also offered outside of the scope of the applicable 9(1)(h) order, this fee does not apply, and any fee charged is not regulated by the CRTC.
2. ^ These orders are intended to ensure that official-language minority communities have access to news in their language. In the corresponding majority-language markets, these channels are not required to be carried on digital basic, but are subject to mandatory distribution (see below).
3. Omni Regional is a national specialty channel with four regional feeds, which respectively mirror three of the existing Omni Television terrestrial services as well as Quebec affiliate ICI. In markets where a local Omni station or affiliate broadcasts identical programming to the applicable Omni Regional feed, the CRTC has allowed providers (upon request) an exception to the local station carriage rules, such that the provider is only required to carry the Omni Regional feed.

Mandatory distribution (must-offer)

Note that Category A services are also considered "must-offer" services under the Broadcast Distribution Regulations for services in the majority language of the market where the provider operates, and in all cases for satellite providers, and thus do not require a separate 9.1(1)(h) order. (The 9(1)(h) order for Ici ARTV, a French-language Category A service, only relates to its carriage in anglophone markets, which is not mandatory under those regulations.)

Former services

• Avis de Recherche – The channel was granted mandatory distribution within Quebec in 2007, confirmed in a separate decision in 2008. A renewal of the 9(1)(h) order was denied in 2013; Avis de Recherche continues to operate as a discretionary service.
• Sun News Network – Like other national news channels, it was subject to the same mandatory distribution order as the other national news channels (inclusion in "the best available discretionary package consistent with their genre and programming") from March 2014 until the channel's shutdown on February 13, 2015.

References

1. Canadian Radio-television and Telecommunications Commission (2013-08-21). "Broadcasting Notice of Consultation CRTC 2014-190-3". Retrieved 2014-09-01.
2. Branch, Legislative Services (2023-06-22). "Consolidated federal laws of Canada, Broadcasting Act". laws-lois.justice.gc.ca. Retrieved 2023-09-02.
3. ^ Canadian Radio-television and Telecommunications Commission (2013-08-08). "Broadcasting Regulatory Policy CRTC 2013-372: Applications for mandatory distribution on cable and satellite under section 9(1)(h) of the Broadcasting Act". Retrieved 2014-09-01.
4. "Broadcast Distribution Regulations (s. 17)". Justice Laws Website. Department of Justice (Canada). 2014-02-28. Retrieved 2014-07-12.
5. ^ "Appendix 4 to Broadcasting Decision CRTC 2023-245". Canadian Radio-television and Telecommunications Commission (CRTC). 2023-08-08. Retrieved 2023-09-02.
6. "Broadcasting Decision CRTC 2018-340". Canadian Radio-television and Telecommunications Commission. 31 August 2018. Retrieved 11 March 2022.
7. "Broadcasting Order CRTC 2018-321". Canadian Radio-television and Telecommunications Commission. 27 August 2018. Retrieved 11 March 2022.
8. "Broadcasting Order CRTC 2018-322". Canadian Radio-television and Telecommunications Commission. 27 August 2018. Retrieved 11 March 2022.
9. "Broadcasting Order CRTC 2018-320". Canadian Radio-television and Telecommunications Commission. 27 August 2018. Retrieved 11 March 2022.
10. "Broadcasting Decision CRTC 2018-329". Canadian Radio-television and Telecommunications Commission. 29 August 2018. Retrieved 11 March 2022.
11. "Broadcasting Decision CRTC 2018-307". Canadian Radio-television and Telecommunications Commission. 23 August 2018. Retrieved 11 March 2022.
12. ^ Canadian Radio-television and Telecommunications Commission (2012-01-24). "Broadcasting Order CRTC 2009-340-1". Retrieved 2014-09-01.
13. "Broadcasting Decision CRTC 2018-342". Canadian Radio-television and Telecommunications Commission. 31 August 2018. Retrieved 11 March 2022.
14. "Broadcasting Order CRTC 2023-304". Canadian Radio-television and Telecommunications Commission. 2023-08-31. Retrieved 2023-09-02.
15. Canadian Radio-television and Telecommunications Commission (2017-05-15). "Broadcasting Decision CRTC 2017-152 and Broadcasting Order CRTC 2017-153". Retrieved 2018-05-23.
16. "Various broadcasting distribution undertakings – Licence amendments". CRTC. 31 August 2017. Retrieved 2017-09-19.
17. Canadian Radio-television and Telecommunications Commission (2012-04-26). "Broadcasting Decision CRTC 2012-242". Retrieved 2014-09-01.
18. "Broadcasting Decision CRTC 2018-344". Canadian Radio-television and Telecommunications Commission. 31 August 2018. Retrieved 11 March 2022.
19. Canadian Radio-television and Telecommunications Commission (2012-12-19). "Broadcasting Order CRTC 2013-735". Retrieved 2014-09-01.
20. "The News Forum - Distribution pursuant to paragraph 9(1)(h) of the Broadcasting Act". CRTC. 2022-11-01. Retrieved 2022-11-30.
21. "Broadcast Distribution Regulations (s. 17(2))". Justice Laws Website. Department of Justice (Canada). 2014-02-28. Retrieved 2014-09-01.
22. Government of Canada, Canadian Radio-television and Telecommunications Commission (CRTC) (2007-07-24). "ARCHIVED - New digital specialty described video programming undertaking; Licence amendments; Issuance of various mandatory distribution orders". crtc.gc.ca. Retrieved 2024-02-23.
23. Government of Canada, Canadian Radio-television and Telecommunications Commission (CRTC) (2008-01-21). "ARCHIVED - Reconsideration of Broadcasting Decision 2007-246 pursuant to Order in Council P.C. 2007-1604". crtc.gc.ca. Retrieved 2024-02-23.
24. Government of Canada, Canadian Radio-television and Telecommunications Commission (CRTC) (2013-08-08). "ARCHIVED – Applications for mandatory distribution on cable and satellite under section 9(1)(h) of the Broadcasting Act". crtc.gc.ca. Retrieved 2024-02-23.
25. "Sun News Network to go off air Friday morning". Toronto Star. February 13, 2015. Retrieved February 13, 2015.

• Canadian Radio-television and Telecommunications Commission
• Cable television in Canada