GATINEAU – Earlier this week, the CBC attempted to give the CRTC a little advice before the Regulator releases its public notice announcing the September hearing into an overhaul of the regulation of the TV business in Canada this coming Monday.
As reported by Cartt.ca, this past Monday the CBC offered up a proposed new distribution order which would govern new fee-for-carriage negotiations between broadcasters and cable and satellite companies (actually, the broadcasters are trying to “re-brand” the fee-for-carriage battle to one entitled value for signal, but we digress…)
Together, Shaw Communications, Telus, Rogers Communications, Cogeco and Bell Canada told the Commission it should ignore the CBC’s document altogether.
The letter co-signed by the regulatory heads of each company says they are “strongly opposed to the addition of the CBC letter and the proposed distribution order to the Notice of Consultation scheduled to be issued by the CRTC on 6 July 2009.
“Despite the CBC’s statement that its intention is to ‘ensure transparency and facilitate the efficient conduct of the upcoming proceeding,’ acceptance of this letter, would, in fact, have the opposite effect,” write the BDUs.
“Allowing parties to make substantive submissions in advance of the publication of a public notice, and adopting these proposals as part of the public notice, would be a serious procedural error. In fact, it would signal to all parties that, going forward, the Commission will accept submissions from certain parties in advance of the publication of a public notice.
“This would only add to the increasing frustration felt by the industry with the lack of transparency and predictability in CRTC proceedings and it would undermine any industry confidence in the fairness of the Commission’s decision-making,” continues the letter.
“Further, the CBC’s proposal reflects the view that the CRTC has already pre-determined that BDUs will be required to pay a new value for signal subsidy to broadcasters. This is highly objectionable to BDUs as it ignores the value for distribution and reinforces that no meaningful, transparent or fair public process or carriage negotiations can occur.
“The CBC’s attempt to avoid proper procedure should not be encouraged or condoned. Like every other intervener, CBC will have the opportunity to make submissions and proposals once the CRTC publishes the Notice of Consultation on 6 July 2009,” it concludes.
– Greg O’Brien
