Michele Le Tourneau
Northern News Services

NNSL (Mar 29/99) - Recently, in Ottawa, the RCMP held a press conference regarding illegal digital satellite or direct-to-home TV systems.

"What we did here in Ottawa last week is that the Federal Enforcement Section -- which is mandated with investigating in the Ottawa area -- went ahead with a plan, a sort of consumer-awareness approach," explained Cpl. Marc Richer, with the A Division, media relations in Ottawa.

"We had a press conference and the first step was to advise consumers that if they're out buying a dish system to beware that some retailers might be offering one of two Canadian systems -- or they might be offering them an American or other foreign system, and that those (not Canadian) systems are, in fact, illegal in Canada."

Asked if the practice of buying and using illegal systems was happening around the North, Richer said, "Undoubtedly, it's happening all across the country."

In a nut shell, the Radio Communications Act states that it is illegal to buy these systems unless they come from one of two Canadian distributors in operation now.

"Bell Expressvu or StarChoice -- those are the only two authorized distributors in Canada," said Richer.

"The Radio Communications Act is very clear on what is and what is not legal in Canada. There was a court challenge a while back and there's a federal court of appeals ruling, from 1997, I think, which upholds what the Radio Communications Act says. That is that if it's not a signal that is broadcast by a Canadian distributor such as -- obviously I don't know that they mention specifically Bell Expressvu or StarChoice -- but if it's not from a Canadian distributor then it is illegal."

Richer explained that in the Ottawa area, some confusion arose, which was the reason for the press conference and the dissemination of the information across the country.

"What was happening here was the notion that if retailers were pressed by consumers or even by our investigators they'd say, 'well, it's a grey issue,'" said Richer.

"Well, it is not a grey issue. That's another part of the reason why we did the press conference. It's white or it's black. There is no grey issue."

Part of the problem lies in the fact that the Americans were quick to develop and distribute the systems.

"Because of the way the Canadian systems came on line -- it took quite a while -- the Americans were way ahead of us, and people were buying them up because there was no other alternative. I guess if you do a bit of research I think the Canadian distributors have been on line for -- I don't know if it's been three years yet," Richer explained.

Consumers being what they are, said Richer, they're always looking out for whatever's out there. They had access to these mostly American systems and they bought them.

"So what we're saying, in essence, and that's strictly a position from the RCMP Federal Enforcement Section in the Ottawa area, is they will not necessarily turn a blind eye... But we didn't do this to have everybody call us and snitch on his neighbour."

Richer emphasized that it is a consumer-beware approach.

"We're informing the public of the consequences of having these systems," he said.

According to Richer, if an American provider finds out that you are running a system of their's in Canada, they could actually send an electronic countermeasure through the satellite to destroy your system.

"That has occurred in the past," he said. "The other thing is -- ask questions when you are at the retailer. If he's offering you two choices and if the two choices are not the two Canadian systems, you're entitled to ask questions. In most cases you're going to be asked to provide an address in the States. You're going to have to pay in US funds."

Richer also made the point that there won't be warranty service, or other services, available to a Canadian from an American distributor.

"Even the Americans realize that they cannot distribute their signals here. So basically you're going to be left out in the cold. And out of pocket for your expense and so on."

The penalties, under the Radio Communications Act, are fines of up to $5,000 and/or up to 12 months in prison, while businesses face up to $25,000 in fines.