Proposed law would help consumer groups participate in broadcast hearings

Consumer groups are promising to intervene more in broadcast proceedings if the federal government passes a new bill that would help subsidize their regulatory battles. Groups such as the Ottawa-based Public Interest Advocacy Centre (PIAC) and the Montreal-based Action Réseau Consommateur (ARC) passed an important milestone earlier this month when Liberal senator Sheila Finestone introduced a private member's bill to amend the Broadcasting Act, to bring it in line with the Telecommunications Act when it comes to awarding costs to public interest groups. "The addition of cost awards will improve public participation by permitting some public interest and consumer groups to have sufficient resources to make more significant and meaningful interventions," PIAC writes in a recent discussion paper on the costing issue. "Such funding will also mean that groups will have the resources and expertise to be able to intervene on a consistent basis." Finestone's assistant, Kelly Hogan, told CCR that the bill has support from several public interest groups. The list includes PIAC, ARC, Canadian Labour Congress, the National Anti-Poverty Organization, the Canadian Library Association, and Rural Dignity of Canada. "This is something we've been working on since September," says Hogan. "It would give intervenors in broadcast issues the same rights as people who intervene in telecommunications." Introduced June 16, the bill quickly received first and second reading and has been referred to the Senate Standing Committee on Communications. Legislative specialists on Parliament Hill say the fate of the bill could depend on when an election is called. If the Chrétien government recalls Parliament in the fall and opts for a spring election, the bill may have time to pass through the Senate and get a quick reading in the House of Commons. The Telecommunications Act already empowers the CRTC to award costs to deserving intervenors who contribute to a better understanding in telecommunications proceedings. Cost awards have frequently been granted that have enabled consumer representation to have a meaningful effect in shaping telecommunications policy over the past two decades. PIAC spokesman Andy Reddick says the changes would allow non-government public interest agencies to apply for the economic, legal, and research costs they incur while preparing for a broadcast proceeding. Like a civil court, the CRTC will then have the discretion to decide which costs are allowed. If approved, broadcast companies involved in that particular proceeding would pay for these costs. PIAC and similar consumer groups have been lobbying for years for these changes. When PIAC argued for costs to the CRTC two years ago, the commission issued a November 9/98 letter decision saying it had reviewed the issue, and didn't have the authority under the Broadcasting Act to award such costs. PIAC points out that cost awards probably won't be commonplace, even with changes to the law. It says CRTC issued a total of 1,912 telecommunications decisions, orders, public notices, cost orders and taxation orders in 1997-98. Only 15 cost awards were made that during that period. "It is difficult to predict the types and numbers of proceedings in future which may involve costs," PIAC writes in its discussion paper. "It is unlikely that there will be a large number of proceedings of this fashion. Major regulatory proceedings which would have likely involved cost applications were held over the past few years. These include: Direct-to-Home satellite; Broadcasting Distribution Undertakings (e.g. cable); and Television Policy." Several government tribunals that regulate public utilities or important public services now award costs to public interest intervenors to help ensure their participation in proceedings.

Proposed law would help consumer groups participate in broadcast hearings

News | 06/22/2000 4:00 am EDT

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