OTTAWA – Will it be a 9(1)(h) Christmas in April for some Canadian specialty channels? After much delay, the CRTC has set a date to hear applications for the mandatory distribution of specialty channels (some new, some not) on Canadian BDUs.
The hearing will take place April 23 in Gatineau and the deadline for submission of interventions/comments/answers is February 20, 2013. The hearing will also take a look at existing channels that are currently distributed on a mandatory basis (APTN, AMI, etc) and will assess whether these services “should continue to benefit from such distribution, as well as examine the overall renewal of these licenses” and license renewals for more than 85 existing channels.
Some 22 stations have lined up for their chances at winning the 9(1)(h) lottery, as some have termed it, which would grant them mandatory distribution of their services pursuant to section 9(1)(h) of the Broadcasting Act. And given the potential windfall it’s no surprise. Any channel fortunate enough to get must-carry status can almost immediately start counting millions in revenue. For example APTN currently gets a rate $0.25/sub/month which amounts to about $33 million a year. But the applicants will have their work cut out for them as they must prove their channel is of “exceptional importance” to achieving the goals of the Broadcasting Act. If the past is any indication it won’t be easy.
Channels such as IDNR-TV, VisionTV, and an all-Canadian movie channel called Starlight Television are seeking must-carry status. Some filed these applications years ago and have complained long and hard about the delay. Also on the new 9(1)(h) wish list is Quebecor’s Sun News Network which in its application is asking Canadian BDUs $0.18/month per subscriber (9 cents per subscriber for French-language households). In its application, the company notes the news and opinion channel is losing $17 million per year. Sun News has even launched an online campaign to send form letters into the Commission to show viewer support for the must-carry idea.
The 22 applications include those from new services, existing services that do not have mandatory distribution and services seeking to renew their mandatory distribution status, as the CRTC notice reads:
• 16 applications are from new and existing services that do not have mandatory distribution and that wish to obtain such distribution. These applications can be found in section 1 of this notice; and
• 6 applications are from existing services that have previously been granted mandatory distribution on the basic service and that wish to maintain their status. The Commission will also be considering the renewal of these licenses.
Ahead of the hearing the Commission is now calling for comments on issues “significant to Canadian television viewers and the Canadian broadcasting system, such as the composition and affordability of the digital basic television service, as well as the renewal of licences for several independent conventional, pay and specialty television services.” The Commission says it may decide to issue licence terms of varying lengths depending on a number of factors, including the requests made by the applicant and potential non-compliance issues.
The issues to be considered by the CRTC in the hearing have been categorized in three main sections:
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1) Commission will examine a number of applications by new and existing programming services for the mandatory distribution of their services as part of the basic service of all Canadian cable and satellite providers.
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2) Commission will examine applications by existing programming services that are currently distributed on a mandatory basis as part of the basic service of all Canadian cable and satellite providers. The Commission will assess whether these services should continue to benefit from such distribution, as well as examine the overall renewal of these licenses.
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3) Commission will examine the renewal applications of a number of independent conventional, pay and specialty television services. The Commission will focus solely on the renewal of the licenses for these programming services as they have not requested any form of mandatory distribution on a cable or satellite provider’s basic service.
Currently, the following services have mandatory distribution on the basic service at the following per subscriber monthly wholesale rates:
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CBC News Network (in French-language markets): $0.15
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Réseau de l’information (RDI) (in English-language markets): $0.10
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Avis de recherche (in French-language markets): $0.06
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Weather Network/Météomedia: $0.23
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TVA: offered without a wholesale rate
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Aboriginal Peoples Television Network (APTN): $0.25
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Cable Public Affairs Channel (CPAC): $0.10
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AMI audio, formerly known as VoicePrint: $0.04
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Canal M, formerly known as La Magnétothèque: $0.02
Applications for mandatory distribution orders pursuant to section 9(1)(h) of the Broadcasting Act 1 a) and 1 b)
1. The Legislative Assemblies of Nunavut and the Northwest Territories
Nunavut and Northwest Territories
Application 2012-1574-9
2. Evan Kosiner, on behalf of a corporation to be incorporated (Described Video Guide)
Across Canada
Application 2011-1255-7
3. Canadian Punjabi Network Inc.
Across Canada
Application 2012-0679-8
4. La corporation de la télévision francophonie canadienne – ACCENTS
Across Canada
Application 2012-0683-9
5. Stornoway Communications General Partnership Inc. (the general partner) and 1403318 Ontario Limited (the limited partner), carrying on business as Stornoway Communications Limited Partnership
Across Canada
Application 2012-0705-1
6. On Purpose TV Inc.
Across Canada
Application 2012-0707-7
7. Accessible Media Inc.
Across Canada
Application 2012-0709-3
8. 8094039 Canada Corp. (Starlight: The Canadian Movie Channel)
Across Canada
Application 2012-0714-2
1 b) – Applications by existing services for mandatory distribution orders pursuant to section 9(1)(h) of the Broadcasting Act
9. Takten Gyurmey Foundation
Across Canada
Application 2012-0670-7
10. TVA Group Inc. and Sun Media Corporation, partners in a general partnership carrying on business as Sun News General Partnership
Across Canada
Application 2012-0687-1
11. All Points Bulletin Incorporated
Across Canada
Application 2012-0689-7
12. TV5 Québec Canada
Across Canada
Application 2012-0711-8
13. ZoomerMedia Limited
Across Canada
Application 2012-0712-6
14. The Natural Resources Television Channel (IDRN-TV/IDNR-TV) Inc.
Across Canada
Application 2012-0713-4
15. Education Through Media
Across Canada
Application 2012-0715-0
16. Canadian Broadcasting Corporation, on behalf of ARTV inc.
Across Canada
Application 2013-0002-9
Section 2 – Licence renewal applications for services currently benefiting from mandatory distribution of its service on the digital basic service pursuant to section 9(1)(h) of the Broadcasting Act
17. Aboriginal Peoples Television Network Incorporated
Across Canada
Application 2012-0993-2
18. Avis de recherche incorporée
Across Canada
Application 2012-1051-7
19. Accessible Media Inc.
Across Canada
Application 2012-1095-5
20. Accessible Media Inc.
Across Canada
Application 2012-1096-3
21. Cable Public Affairs Channel Inc.
Across Canada
Applications 2012-1107-8 and 2012-1109-4
22. Vues & Voix
Across Canada
Application 2012-1411-3
