(1) The definitions in this subsection apply in subsections (2) and (5). commercial time means any period of two minutes or less during which a broadcaster normally presents commercial messages, public service announcements or station or network identification. ( temps commercial ) program time means any period longer than two minutes during which a broadcaster does not normally present commercial messages, public service announcements or station or network identification. ( durée de l’émission ) Notice of preference by party (2) Each registered party and each eligible party entitled to purchase broadcasting time under this Act shall, not later than 10 days after the issue of the writs for a general election, send a notice in writing to each broadcaster and each network operator from whom it intends to purchase broadcasting time, setting out its preference as to the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned is to be made available, but at no time shall that party obtain broadcasting time before the 5th day after the notice is received by the broadcaster or network operator. Consultation to reach agreement (3) Every broadcaster or network operator who receives a notice under subsection (2) shall, within two days after its receipt, consult with representatives of the registered party or eligible party that sent the notice for the purpose of reaching an agreement on the requests contained in it. When no agreement (4) If no agreement is reached under subsection (3) within two days after the commencement of the consultation required by that subsection, the matter shall be referred to the Broadcasting Arbitrator who shall decide on the requests without delay and give notice of his or her decision to the broadcaster or network operator and to the representatives of the registered party or eligible party that made the requests. Factors in decision (5) In making a decision under subsection (4), the Broadcasting Arbitrator shall take into account the following principles: (a) that each registered party and each eligible party should have the freedom and flexibility to determine the proportion of commercial time and program time to be made available to it and the days on which and the hours during which that time as so proportioned should be made available; and (b) that any broadcasting time to be made available to a registered party or eligible party should be made available fairly throughout prime time. Decision binding (6) A decision of the Broadcasting Arbitrator under subsection (4) is final and binding on the registered party or eligible party, as the case may be, and the broadcaster or network operator.
§ CEA s. 344Definitions
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