GATINEAU – Broadcast distributors and programmers are divided over rules governing television service provision in Quebec and official minority language communities across the country. Some say current rules are doing a fine job, while others argue changes are needed to ensure a diversity of programming for these two markets in their submissions to the CRTC’s TV Policy Review.
In the official notice (BNC 2014-190), the Commission noted market forces alone won’t ensure the provision of “an adequate number of services to OLMCs,” and that it has instituted several measures, including minority language programming access rights and genre protection, to address this. It wonders though if more needs to be done to ensure French language viewers both in Quebec and in the rest of Canada can access services that are relevant to them.
Some argue that the current state of affairs is fine in addressing the needs of OLMCs. For example, Bell Canada and Cogeco Cable says in their respective interventions that these communities are already being well served by a diverse range of programming. Both point to existing rules and the various conditions of licence (CoLs) imposed on broadcasters and distributors.
“We believe that OLMCs have appropriate access to a diversity of programming services in their language, and no new regulatory measures are needed,” says Bell in its submission. “As an example, the numerous COLs pertaining to OLMCs that form part of the CBC's most recent licence renewal as well as the funding for OLMC producers as a result of the BCE-Astral transaction demonstrate that the needs of OLMCs are and will be met,” argues Bell.
Cogeco adds that in addition to the minority language programming access rules, it offers francophone customers in its Ontario systems access to theme packs that include 26 additional francophone services. As well, the Commission also recently approved a 9(1)(h) order for new French channel TV5/UNIS and the Legislative Assemblies of Nunavut and the Northwest Territories for mandatory distribution last August.
“No additional regulatory measures are needed to ensure access to a diversity of programming services by OLMCs.” Cogeco Inc.
“Considering the above, Cogeco is of the view that no additional regulatory measures are needed to ensure access to a diversity of programming services by OLMCs,” it writes.
Others aren’t so sure. TV5 Quebec says carriage rules for specialty services for OLMCs need to change to give independent content providers greater distribution opportunities. It argues that rather than a ratio of one French language service for every 10 Canadian English language services, TV5 Quebec says it should be changed to one French service for every 10 services, including Canadian and foreign.
This, says the company, will ensure OLMCs receive an increasing diversity of programming in French.
Quebec market genre protection
The specialty channel’s submission also proposes some changes to genre protection rules. The company says that should the Commission decide to eliminate this provision, it should impose additional measures to ensure independent programmers aren’t squeezed off the dial. It suggests the CRTC adopt the following rule: for every Vertically Integrated company owned discretionary service – specialty or pay Category A, B and C – distributed by the VI company, it must distribute at least two Category A, B or C services owned by another company, of which one must be an independent service.
Bell, Corus and Vidéotron also addressed genre protection in the French market in their interventions. Bell and Corus believe that the Quebec market is too small to handle a removal of genre exclusivity and therefore argue it should remain (although for slightly different reasons), while Quebecor Media-owned Vidéotron wants it eliminated, just as the VI companies in English Canada do.
Corus says removing genre protection for French language services would have significant negative consequences on the drama genre because the two VI companies – Bell and Vidéotron – would launch competing services and creating “a bidding war for this content.” Corus owns French language specialties, Series+, Historia and Télétoon.
“The potential loss of genre protection and carriage rights for Category A services could put the existing services in jeopardy.” – Bell Canada
For its part, Bell says because Vidéotron owns a considerable content business as well as having 54% of all cable TV customers in Quebec, “the potential loss of genre protection and carriage rights for Category A services could put the existing services in jeopardy, while similar services could be launched by Québecor in their stead, to the detriment of competitors and Canadian consumers.” Genre protection should remain in effect until no one distributor has more than 40% market share, it adds.
Videotron argues that removing genre protection will force Category A services to produce more compelling and differentiated programming that will attract audiences. This will not only provide more consumer choice but also allow the entry of new services into the market, it adds.
The Quebec-based media company also wants some changes to the way its broadcast station TVA is carried in HD on Bell TV over satellite. It says a single TVA HD station (Montreal) is being carried compared to seven HD Radio-Canada stations, including three in Quebec. This is having a negative impact on advertising revenue, says Vidéotron, noting that more and more advertisers want to see their ads on HD and since only one TVA station is carried in HD on Bell, it’s becoming more difficult to retain these advertisers.
The Commission must step in on this matter to ensure that carriage of local TV stations in HD on satellite isn’t left the arbitrary decisions of the distributor, reads the submission.
This is the eighth story from our ongoing, summer-long breakdown of the official submissions made to the CRTC for it's Let's Talk TV, TV Policy Review. The first seven are linked below.
Genres have long been monkeyed around with. Do they still need protection?
Is basic bloated? Does it need a diet?
Pick and pay in Canada strikes out with U.S. media heavyweights
U.S. border stations want to use Let's Talk TV to wrest cash from Canadian BDUs
Should Yankee go home? The changing role of U.S. channels in the Canadian broadcasting system
No “Netflix Tax”, company warns CRTC
Snap Judgements: Everyone wants more choice – tied to a lot of ifs, ands, buts…
