TORONTO – Count CBC and The Score in the camp that doesn’t mind if Rogers ever carries TSN2.
The two broadcasters say TSN doesn’t have the regulatory authority to launch the new channel in the way it has been pitched and launched. (While the early launch was a struggle over money and channel placement, the larger carriers are bringing TSN2 aboard.)
TSN2 launched earlier this month – a re-named and bulked up version of the TSN Alternate feed, as Cartt.ca has reported. While TSN Alternate was fired up only when the sports service had conflicts with live events, TSN2 is primarily a repeat channel, airing programming three hours later in a time-shift to benefit western viewers – except when those live event conflicts arise (such as this Sunday’s Ryder Cup Golf and CFL game).
What Score Media Inc. (SMI) and CBC want to know is exactly where the CRTC gave TSN permission to move the channel in such a direction, given the genre protection analog and category one channels are supposed to enjoy.
Back in 2006, when the Commission gave TSN the go-ahead for the alternate feed, Decision 2006-620 permitted split feeds of TSN only if the programming of the split doesn’t exceed 10% of TSN’s quarterly program schedule and that the circumstances in which a split feed is employed will apply to live, national properties owned by TSN.
And back in 2002, the Commission said in Decision 2002-351 that it isn’t necessary for national specialty services to obtain prior CRTC approval to time-shift the release of an identical program schedule in different parts of the country.
Put the two together and you have TSN2 – a new channel that springs forth from two different CRTC decisions, says SMI.
“It appears that by marrying (the 2002-351 language) together with the authorization granted in Broadcasting Decision CRTC 2006-620 for a split feed comprising no more than 10% of differentiated live national programming, TSN believes it has received express authority from the Commission for the launch of TSN2,” writes Score Media in its September 10th letter to the CRTC.
“SMI is concerned that the threading together of language from multiple Commission decisions, taken out of context and rearranged to fit a scenario not contemplated by the Commission at the time sets a dangerous precedent.”
“Where are the rules and how do the rules mesh together so we know clearly that this is where the authorization for this type of channel comes from?” SMI president and CEO John Levy told Cartt.ca in an interview.
Both The Score and CBC want clarification from the CRTC on the authority granted – and whether or not TSN is allowed to sell new advertising on TSN2 – or if it has to be the same ads which appear on the main network.
“Our reading is that all of the ads have to be identical. You can’t sell fresh ads in this second network,” said Levy.
The questions are now in the hands of the Commission. “They may do this administratively, or they may actually hold a public hearing on this… but we’ll wait and see what the response is,” he added.
– Greg O’Brien
