GATINEAU – When Star Choice took Sun TV (Quebecor’s Toronto station, CKXT) and CBKT Regina (CBC) out of its channel lineup in May, it did not violate its conditions of licence, the CRTC ruled Thursday.
Back in May, the DTH company (a division of Shaw Communications) took five stations out of its basic package, including the two mentioned above as well as CTV Calgary, which was quickly reinstated after customers complained. French-language CBC news channel RDI was also taken off, but the Commission forced Star Choice to reinstate it last week, as Cartt.ca reported.
This followed a stern Commission rebuke to the western communications giant over its treatment of gay and lesbian specialty service Outtv and the Commission’s short-term license renewal (a three-year term, rather than the usual seven) – for various reasons – earlier this year for Shaw Cable.
In its complaint to the CRTC in this instance, as we reported back in May, the CBC accused Star Choice of being in breach of its condition of licence for carrying only eight CBC TV stations and 12 CTVglobemedia TV stations. CRTC rules specify that the number of CBC English-language owned and operated TV stations carried by satellite TV distributors cannot be lower than the number of English-language over-the-air stations by any other individual broadcast group that they distribute.
Star Choice said – and proved to the Commission – that it carried enough CBC stations to meet its obligations, as long as the Commission would continue to consider CTV and its newest broadcast group, A-Channel, as separate networks. And if it no longer considered the two separate, the DTH company said it would just decrease the number of CTV stations, rather than re-add CBC Regina.
CTV bought the seven-station A-Channel network when it purchased CHUM Ltd. in 2007.
The CBC was counting CTV and A-Channel as a single entity and believed that Star Choice was now off-side of the regs.
“Star Choice indicated that it currently carries nine English-language CBC stations (as well as seven CBC affiliate stations), compared to eight CTV stations and four additional A-Channel stations purchased by CTVglobemedia (CTVgm) in June 2007,” reads the decision.
“Star Choice requested that it be relieved from the requirements of the above-noted condition of licence should the Commission interpret its condition of licence as including the A-Channel stations as part of the total number of CTV stations it distributes. If such relief were not granted, Star Choice indicated that it would reduce the number of CTV stations it distributes rather than add further CBC stations.
The Commission said it would keep considering A-Channel as an “individual broadcasting group” because it is run separately and has different content than what can be seen on CTV.
Quebecor, on the other hand, complained that dropping SunTV without notice contravenes section 26 of the BDU regulations (which says broadcasters have to be given 60 days notice before a channel relocation); that Star Choice isn’t providing equitable carriage of a local broadcaster as required by the regs; and that it has to take SunTV so that other distant cable carriers can get it over Star Choice’s SRDU system.
In order, the Commission agreed with Star Choice that a removal altogether from the lineup does not constitute a change of placement, so no notice is required, and anyway, section 26 only applies to terrestrial BDUs; then, since Star Choice carries QMI’s TVA, it is providing equitable carriage to the broadcast owner; and that it is under no obligation to distribute SunTV on its SRDU system, especially since all local cablecos who have to distribute SunTV can get it over the air anyway.
– Greg O’Brien
