CAMBRIDGE, ON – CRTC chair Konrad von Finckenstein is suggesting “a conceptual rethink” of communications regulation in Canada, perhaps with all policy united under one government department.
In a speech at the annual Broadcasting Invitational Summit in Cambridge late last week, von Finckenstein expressed frustration (as he’s done with other speeches during his tenure) with the country’s legislation, regulation and institutions that he says has failed to keep pace with “digital technology, the Internet and vertical integration”.
“Currently, we are operating under three separate and very different Acts”, he said, in reference to the Broadcasting Act, the Radiocommunication Act and the Telecommunications Act. “Wouldn’t it make sense to have a single comprehensive Act to govern all communications?”
According to von Finckenstein, that Act could include:
– a statement of the economic, social and cultural objectives of the communications system;
– a structure for the optimum regulation of the transport of bits, whether by wireline or wireless, and whether the content is voice or data, which von Finckenstein described as “the heart of the Act”;
– a clear delineation of the broad policy choices that are to be left to the government, and the powers to be assigned to an independent regulator;
– specific provisions on timelines and on regulatory powers, such as administrative monetary penalties, mandatory adoption of codes, and the explicit power to impose arbitration;
– a coherent scheme for the support of Canadian content, be it by way of exemption, exception or subsidies – or a combination of all three; and
– the obligations, responsibilities and governance of the public broadcaster, defining its special role in reflecting Canada’s unique culture and values, which could either be set out in a separate part of the Act or, in a separate statute.
A restructuring of Canada’s institutional framework that would reflect the reality of convergence would also be “logical”, von Finckenstein continued, listing the European Union, the United Kingdom, France and Australia as examples of countries with a designated Minister responsible for the digital economy.
The CRTC chairman even questioned the future role of the Commission.
“As for the regulator itself – is the present CRTC model the best for us?”, he asked. “Should there be fewer Commissioners? Should the regulator have its powers of ex ante regulation reduced or abolished, while gaining more comprehensive ex post powers of enforcement? This would favour the development of a free competitive market, with intervention limited to cases of market failure.”
But time is of the essence, he cautioned, while calling for the creation of a new industry organization that will “speak with one voice”, noting that “(t)here is no body that can speak with authority for the large vertically integrated players”.
“A new approach will be important for the country as a whole, not only for the industry”, von Finckenstein concluded. “Many of Canada’s key economic, social and cultural objectives now depend on digital communications. It is essential that we have modern and forward-looking legislation, regulations and institutions. We won’t get them unless we push for them, and I’m calling on the industry to step up to the plate.”
– Lesley Hunter
