Rogers self-promotion in violation of rules on community channels, IMCAIP charges

A group of independent Internet service providers is accusing Rogers Cable Inc. of repeatedly violating CRTC directives on self-promotion on its community cable channels, even after the ISPs had warned the cable operator. The move comes on the heels of the commission’s release of a proposed new framework for community media. The Independent Members of the Canadian Association of Internet Providers (IMCAIP) has filed a notice with the CRTC under Rules of Procedure, the Broadcasting Distribution Regulations, and the Broadcasting Act. It accuses Rogers of using airtime on its community channels, promotional channels, and local inserts on American specialty channels to advertise its high-speed Internet service. Canadian cable companies may insert a limited number of public service announcements and broadcasting promotional materials into U.S. signals such as CNN or A&E. The ads may also be featured on community channels and promotional channels. But the CRTC has long held that non-programming services such as high-speed Internet fall outside of the guidelines. IMCAIP maintains that in December, Rogers repeatedly ran spots about its switch of its domain server from @Home to @Rogers (NL, Dec. 5/01). There were a series of 60-second announcements and a 15-minute program called Rogers@Home Update. There was also a promotion for the Media Awareness Network that featured the Rogers@Home logo displayed prominently and an insert on CNN that advertised Rogers AT&T Wireless. IMCAIP warned Rogers that it would send a submission to the CRTC unless the ads stopped. "As a result of this communication, Rogers provided an assurance to IMCAIP that the offending activities would cease," the filing states. "With reliance upon these assurances, IMCAIP made a decision not to file this application with the commission. However, monitoring of Rogers’ systems in Toronto and Ottawa during the Christmas and New Year holiday period revealed that the offending activities did not cease. In fact, and by way of example, the offending activity on the promotional channel in Ottawa was excessive." The group is demanding that Rogers stop the ads immediately and that each member of IMCAIP operating in a Rogers district be granted equivalent access to run their own promotional spots. It wants Rogers to submit its answer by Jan. 15 and IMCAIP present its reply by Jan. 18. The ISPs hope the CRTC will move quickly to remedy the situation. The application comes on the heels of the commission’s own call for comments on community media. Public Notice 2001-129 was released just before Christmas and seeks to revise the community channel framework established a decade ago. A paragraph in that notice states: "A review of community channel videotapes indicates that some licensees appear to be broadcasting commercial messages that promote their retail Internet services and other non-broadcasting services, such as retail outlets. The commission emphasizes that these types of activities constitute breaches of the distribution regulations, and that those licensees engaged in this practice should cease this activity immediately." Rogers is not the first cableco to run afoul of the regulations. Four years ago, the CRTC told Shaw Cablesystems Ltd. to stop running ads for its high-speed Internet service. Yet, the Alberta-based company was still running the spots two weeks after the commission order (see Canadian Communications Reports, May 27/98). The CRTC will receive comments on PN 2001-129 until Feb. 22. It concedes in the notice that complaints have already been raised about the activities of some cablecos. "They also claimed that community channels are being used by cable licensees as tools to promote their companies’ products and services. Many contended that community channels should be operated at arm’s length from the cable company, and funded through a mandatory contribution from the cable operator."

Rogers self-promotion in violation of rules on community channels, IMCAIP charges

News | 01/14/2002 5:00 am EST

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