Signal Theft 

questions & answers

 

Q. What is the DTH grey market?
A. The grey market usually refers to the sale of Direct-to-Home receivers and decoding equipment intended to receive encrypted programming signals from American DTH satellites. It also refers to the sale and purchase of subscriptions to receive encrypted programming signals from American DTH service providers. American DTH service providers do not have the lawful right in Canada to authorize the decoding of their programming.

Q. Why does Canada have rules making the reception of American DTH programming illegal?
A. There are a number of reasons why Canada prohibits unauthorized decoding of encrypted subscription programming signals. A Canadian broadcaster who has purchased distribution rights for programs suffers financial loss if the same program provided on a U.S. satellite signal is decoded in Canada. Also, the subscriber base for Canadian DTH distribution undertakings is significantly diminished if Canadians subscribe to unauthorized American DTH services. The importation of American DTH equipment and the purchase of American subscriptions ultimately threatens jobs and growth in the Canadian broadcasting industry.

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Q. What are the risks to purchasing black market equipment?
A. Anyone who purchases black market equipment is at risk of losing reception at any time because satellite service providers frequently send out electronic counter-measure signals for the intended purpose of disabling illegal equipment. DTH service providers may also implement major upgrades to their encryption systems which would render black market devices useless. Consumers should consider that any modifications made to satellite-receiving equipment in order to install black market devices will typically void the equipment manufacturer's warranty.

Q. What is the penalty for accessing satellites illegally?
A. Sections 326 & 327 of the Criminal Code of Canada state: (326) Every one commits theft who fraudulently, maliciously, or without colour of right uses any telecommunication facility or obtains any telecommunication service, and (327) Every one who, without lawful excuse, the proof of which lies on him/her, manufactures, possesses, sells or offers for sale or distributes any instrument or device or any component thereof, the design of which renders it primarily useful for obtaining the use of any telecommunication facility or service, under circumstances that give rise to a reasonable inference that the device has been used or is or was intended to be used to obtain the use of any telecommunication facility or service without payment of a lawful charge therefore, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

The Radiocommunication Act also makes it a criminal offence to illegally access encrypted cable or satellite signals. Individual offenders are liable to a fine of up to $10,000 for each day the offence is committed or six months in prison, or both. Corporations are liable to a fine of up to $25,000 per day. 

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Q. What has Bell TV done to combat signal theft?
A. Bell TV delivers real value to our customers and we think it's worth preserving. That's why we continue to combat the industry-wide problem of TV signal theft on a number of fronts, including:

• Implementing an effective inventory control system;
• Establishing best practices for Bell TV satellite dealers;
• Utilizing modern technologies to remotely shut down signal thieves;
• Prosecuting illegal satellite dealers;
• Supporting the Canadian Government's efforts for legislative changes;

Q. Why does Bell TV consider signal theft an industry-wide problem?
A. Signal theft affects both cable and satellite television providers and is therefore, considered an industry-wide problem. Moreover, signal theft harms the Canadian broadcasting industry, including producers, artists and broadcasters.

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Q. What is the cost of Signal Theft to Bell TV?
A. The cost to Bell TV specifically as a result of signal theft is difficult to estimate, however, we do know that the overall cost to the Canadian broadcasting system amounts to hundreds of millions of dollars each year. Signal theft results in Canadian artists, actors and broadcasters, as well as satellite and cable service distributors, being deprived of copyright, subscription and other revenues

Q. If Bell TV disables one of its subscriber's receivers, the viewer will no longer receive service. Don't you have the responsibility to provide service to a paying customer?
A. Theft is theft. It is against the law to receive television programming, in whole or in part, without paying for it. Bell TV's customer agreements are clear that we have the right to disable software in Bell TV equipment that is used to receive television programming illegally or without our express authorization.

Q. What will Bell TV do if it disables a receiver that has not been tampered with?
A. Bell TV is using state-of-the-art technology that is considered extremely reliable at targeting only those devices that have been altered illegally. The likelihood of disabling a legitimate receiver is next to impossible.

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Q. What happens if a customer goes to a store with a disabled receiver? Will the store replace it?
A. No, authorized Bell TV dealers will not replace disabled receivers. Instead, customers should call 1 888 759-3474 to arrange for repair.

Note: If a receiver is sent in for repair and is found to have been disabled as a result of using an illegal device or accessory, it will not be repaired as alterations of any kind are not covered by warranty. The customer will be required to pay the full replacement price of the unit if they wish to have it replaced. 

Q. Is Bell TV going to make a special offer to encourage signal thieves to pay for its service as legitimate customers?
A. Bell TV has no plans to introduce a special offer to dissuade subscribers from using their receivers illegally. As it is, we have a number of competitive offers in the market for customers to start enjoying the wide range of programming and services that Bell TV offers.

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Q. If a Bell TV customer wants to become a legitimate customer rather than an illegitimate one, what is required?
A. Customers wishing to receive Bell TV service legitimately should ship their tampered receiver to an authorized Bell TV dealer to be repaired and/or replaced.

Q. Is it legal for Bell TV to disable a customer's receiver?
A. Signal theft is illegal. It is against the law to receive the programming or any portion of the programming without paying for it. The software in each receiver is licensed to and/or owned by Bell TV. If Bell TV has reasonable grounds to believe that a person is receiving unauthorized programming, in whole or in part, or using the software for any other unauthorized purpose, it may take steps to disable or modify this software.

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Q. Is it illegal to use free-to-air (FTA) receivers to decode Bell TV or DishNetwork signals here in Canada?
A. It is illegal to use a FTA receiver, or any other device, for the purpose of receiving and decrypting any portion of our encrypted programming signals. Bell TV does not consent to or authorize the use of any FTA receiver or device to receive and decrypt its service for any purpose, including testing. It is also illegal to receive DishNetwork programming in Canada as they do not have lawful right to broadcast here.

Signal Theft is a criminal offence. If you have information relating to an individual, or individuals, that may be involved in satellite piracy, you can report it to the police, or forward it to signal-theft@bell.ca for investigation. Any information provided will be treated as anonymous and will be kept strictly confidential.

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