TORONTO – The owner of Pridevision TV and OUTtv says he may be forced to take Shaw Communications to court over what he says is unfair carriage of one of his channels by the large western cable company.
At issue is the way category one digital service OUTtv is being packaged on Shaw Digital Cable.
A little background: At launch and through its first years of existence, Pridevision was the category one (i.e. digital must-carry) gay, lesbian, bi-sexual and transgendered channel. It had lifestyle programming in the daytime and prime time hours and adult movies after hours.
At launch, some MSOs complained about the content and then-owner Headline Media Group agreed that it could be packaged as a stand-alone service, which it was by most carriers, and not in any theme packages. It sold for anywhere between $2.49 and $7.99 a month. It also gained few subscribers in relation to the other digi-nets that launched in the fall of 2001.
Last year, Pridevision was sold to broadcaster Bill Craig, who set about to re-brand the lifestyle category one channel to OUTtv, dropping all adult content. It officially launched April 12th this year and is carried in certain variety packages by MSOs like Cogeco, Rogers and Videotron. The Pridevision brand lives on as a category two service, which and offers all gay-porn and is called Hard On Pridevision.
Shaw, however, while it is carrying OUTtv, has chosen not to actively package the channel as its cable brethren is doing. Rogers, for example, carries it in its Lifestyle digital theme pack with channels such as SexTV, One: Body, Mind and Spirit, and Fine Living.
Shaw classifies the channel as an adult service on its web site – selling it along side Hustler TV and Playboy – as a stand-alone for $7.95 per month. Bell ExpressVu also carries it as a stand-alone, albeit at $2.50 a month, a packaging decision which also rankles Craig.
When contacted on Wednesday by www.cartt.ca, Shaw Communications president Peter Bissonnette said the company intends to abide by the terms of the contract signed by the former owner, which runs until October 2006, and keep its packaging as-is. “The new owner tried to come in and say, ‘now that I own it, the rules are changing,’” said Bissonnette.
Bissonnette said that Shaw is responding to customer demand – that no one is asking for it and of those who do mention the channel, they’re clear they don’t want it. “People do not want that service in their package,” he said. “They’re not prepared to accept the notion that you have to take (OUTtv) to get the news.”
Shaw also accused Craig of shenanigans when it came to the uplink of the new OUTtv. Bissonnette said that Craig altered the feed at one point so that the all-adult, now category two digi-net Pridevision was shown in the category one slot instead. “He switched feeds to the adult content,” said Bissonnette, “we have no intention of carrying his category two channel.”
Shaw’s hard line on OUTtv signals something different to Craig, who told www.cartt.ca, “Shaw doesn’t have a positive attitude towards things gay.”
Bissonnette disputes that, calling it a contractual and packaging issue. “Obviously he’s very unenlightened about Shaw and the way we do packaging. We do whatever the customers want us to do. He’s in there… and customers can choose it.”
The matter is now before the CRTC, since Craig has accused Shaw of undue preference by packaging channels it has an ownership position in, such as G4TechTV, in theme packs while leaving OUTtv out in a-la-carte land.
Craig said he’s received word from the Commission that this may be the first broadcasting matter dealt with under the CRTC’s new expedited process, where a decision would come in a matter of days after a hearing this month, rather than weeks or months.
However, he’s fearful the Commission will tell him that this is a contractual battle and not a regulatory one (since the rules on category 1 channels define them as must-carry only and say nothing of their packaging) and decline any decision. If it comes to that, says Craig, he’s prepared to take Shaw to court.
– Greg O’Brien
