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| Last Revised: 2007/01/04 |
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| Document Number: MDAE-475NRN |
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| Status: External Under Review |
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Direct-to-Home Satellite - Laws and Enforcement
What laws cover owning and operating direct-to-home satellite equipment and are they being enforced?
The rules for owning and operating direct-to-home satellite equipment are set out in the Radiocommunication Act.
Paragraph 9(1)(c) of the Radiocommunication Act says that no person shall decode an encrypted subscription programming signal or encrypted network feed except with permission from a lawful distributor of the signal or feed. In April 2002, the Supreme Court of Canada upheld paragraph 9(1)(c) after a court challenge.
Paragraph 10(1)(b) says that no one may manufacture, import, distribute, lease, offer for sale, sell, install, modify, operate or possess any equipment that could be used to decode a signal or feed.
The only lawful Canadian distributors of satellite television encrypted subscription programming signals are Bell ExpressVu and Star Choice.
It should be noted that some devices that are used in conjunction with satellite receivers to pirate satellite signals can cause interference to safety-related radiocommunication services (such as police and aircraft communication systems).
If a service that is offered is direct-to-home (DTH) broadcasting utilizing encrypted or scrambled subscription programming and it is not Bell ExpressVu or Star Choice, then it is prohibited in Canada whether or not the broadcasting is of an educational or business nature. The unauthorized decoding provisions in the Radiocommunication Act do not apply to unencrypted or "in-the-clear" signals, popularly known as free-to-air (FTA) signals. Currently, there are dozens of FTA programming channels, available in a variety of languages and from various satellites, that consumers may legally view without a subscription.
Law enforcement officials, including the Royal Canadian Mounted Police (RCMP), are targeting dealers and distributors of prohibited equipment. However, anyone who contravenes paragraph 9(1)(c) or 10(1)(b) or who causes interference to safety services may be charged and prosecuted under the Radiocommunication Act. To report such activities, you may contact your regional detachment of the RCMP (http://www.rcmp.ca/contact/faq_rptcrime_e.htm#1).
For more information, please visit the Canadian Direct-to-Home (DTH) Satellite Broadcasting section of the Spectrum Management and Telecommunications Website at: http://strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/h_sf05562e.html or the Interference to Public Safety Radiocommunication Systems from Pirate Devices used in Direct-to-Home (DTH) Satellite Equipment section at: http://strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/h_sf05659e.html.
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