GATINEAU – Leave it to the mavericks at Shaw Communications to best articulate how carriers feel about granting analog channels preferred status once digital migration occurs.
In its intervention, which opposes all of the applications, Shaw’s senior vice-president of corporate and regulatory affairs Ken Stein writes: "Shaw considers that the Digital Migration proceeding and the subsequent gazetting of applications for mandatory digital carriage on basic has been a colossal waste of time and energy for Shaw. Shaw’s request for packaging flexibility to serve consumers and meet unprecedented competitive challenges, all of which will strengthen the system and protect it as a valuable asset to Canadians, have been ignored."
Rogers also said it "strongly opposes" the applications, as do others, most of whom say that none of the applicants need any sort of protection anymore.
In anticipation of the digital migration of analog specialty services, the CRTC asked existing specialty channels to submit applications, if they wished, to secure their placement on the channel lineups of Canadian cable companies when the switch happens. So if it goes through, The Weather Network, for example, will stay "on basic" on channel 20 in Cogeco Ontario when the MSO switches to all-digital.
There are several criteria each of the channels that have applied (a list that includes Vision TV, Vrak.tv, TWN, MétéoMédia, YTV, TV5, RDI and CBC Newsworld) have to satisfy in order to be considered for digital basic, such as "having digital basic status will enable its service to contribute in meaningful ways to fulfilling the policy objectives of the Act."
The more mature specialty services benefit from dual and modified dual status, ensuring them positions on the dial. However, when full digital migration occurs, that status disappears. Other specialties with protected status, such as MuchMusic and TSN, did not apply for digital basic.
"(T)he Commission determined that dual status and modified dual status designations that currently apply to the analog distribution of specialty services shall cease to apply to the digital distribution of specialty services on 1 September 2007. However, at the same time, in contradictory fashion, the CRTC indicated that it would consider granting digital basic status only “on an exceptional basis” via distribution orders under section 9(1)(h) of the Act," noted Shaw’s intervention.
Plus, while the proceedings were widely assumed to be about taking existing analog channels and considering them for digital basic, three new applicants have applied for such distinctions, too: Métis Michif Television Network (a channel by and for the Métis people); The Accessible Channel (aimed squarely at those with disabilities); and Canada One (a new ethnic channel focused on Canadian content).
Shaw was unreserved in its condemnation of this part of the process, too. " Shaw considers it is highly inappropriate for the CRTC to entertain applications for new services seeking mandatory distribution on the digital basic service," writes Stein.
Others have objected to the new applicants as well.
"Moreover, Shaw notes that the Regulations to implement the migration policy have not even been gazetted for public comment. Further, Shaw considers it inappropriate to consider these applications prior to the forthcoming BDU regulatory framework hearing, the primary purpose of which is to review the distribution rules in the context of the new digital environment, and which will inevitably result in a new distribution framework for the distribution of services among competitive BDUs. Finally, Shaw considers it inappropriate for the CRTC to consider the issue of mandatory carriage on digital basic for the twelve applications during the non-appearance phase of the public hearing," adds Shaw’s submission.
The hearing is scheduled for March 27.
– Greg O’Brien
