OTTAWA-GATINEAU – The CRTC today denied Shaw Communications’ request to add USA Network to the list of eligible foreign satellite services for digital distribution.
Shaw asked for the new addition in January, saying the general interest cable channel available to 90 million in the States, would be attractive to customers.
Shaw also wanted Commission to alter its approach to adding non-Canadian services to the digital lists. The company wants the Commission to automatically approve the addition of all general interest non-Canadian services, and that it permit broadcasting distribution undertakings (BDUs) to distribute services on the eligible lists on either an analog or digital basis.
Rogers Cable, Bell Canada, and the Canadian Cable Systems Alliance all supported Shaw’s application.
None of this was exactly music to the ears of Canadian broadcasters, who objected strenuously.
In March, the CRTC called for comments on adding the channel and of the changes Shaw requested and the main question (as always) was genre protection. That is, is USA Network competitive with existing Canadian services, many of which purchase and air USA Network programming, such as The 4400, which airs on Space. Which could mean a lot of dead air on USA if carried in Canada, since Canadian ‘casters own the rights to the shows here.
While USA has a few original series’, most of its schedule is filled with movies and reruns like JAG, Walker Texas Ranger and some of the Law and Orders.
However, the Commission set aside most of the arguments made by broadcasters and didn’t find that USA competed enough with most Canadian specialties. Except for category 1 digital specialty Mystery, that is, which is owned by CanWest Global.
“A review of the programming schedules for both USA Network and Mystery TV indicates there is a considerable overlap in the types of programming that the two services offer,” reads today’s decision.,
“In light of the above, the Commission is of the view that there is sufficient overlap between USA Network and Mystery TV with respect to program genres in general, and programming in the crime drama category in particular, for it to conclude that USA Network would be competitive with Mystery TV.”
As for changing the way new foreign services are added to the approved list and under what conditions, that will be looked at under the broadcast distribution undertaking regulatory framework public hearing in January.
– Greg O’Brien
