The CRTC’s process to examine the carriage of out-of-market signals by direct-to-home satellite TV distributors is shaping up to be a contentious issue (see story in this issue). Star Choice and Bell ExpressVu want no changes to the existing regime. In contrast, the Canadian Film and Television Production Association (CFTPA) argues that local stations should only be offered to subscribers in the market that the local station is licensed to serve. Excerpts from the CFTPA submission to the commission appear below.

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Communications law specialist Phil Rogers has joined Osler, Hoskin & Harcourt LLP as a partner. He was previously a law partner at Gowlings. He has also served as assistant general counsel at Bell Canada, and has extensive experience in telecommunications, broadcasting, Internet, privacy and regulatory law.

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Rogers, CAB agree on out-of-market signal compensation
Rogers Cable Inc. and the Canadian Association of Broadcasters have reached an interim agreement on compensation for the carriage of a second set of U.S. 4+1 signals and distant Canadian signals as part of the cableco’s digital offering. The CRTC has agreed to suspend deletion requirements in lieu of the agreed upon compensation – Decision 2001-777. An agreement submitted to the commission on Dec. 12, 2001 indicates that Rogers will pay the CAB, 30 days in arrears, an interim monthly fee of $1 for each Rogers subscriber who receives distant Canadian signals as part of the Rogers digital service during the previous month. Rogers also agreed to pay 87 cents for each Rogers subscriber who received the second set of U.S. 4+1 signals. In both cases, the number of Rogers subscribers who received these signals will be calculated by taking the number or digital customers receiving the signals at the beginning of the month and adding it to those getting the services at the end of the month. That number will then be divided into two. The agreement also spells out that Rogers will be notified once a new agreement has been reached between the CAB and DTH distributors on compensation for carriage of these types of signals (see related article on page 6). At that time, Rogers and the CAB may amend their current agreement. Rogers indicated last October that it would add distant Canadian and U.S. networks to its digital packages (CCR, Oct. 26/01).

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The CRTC is proposing a new class of licence for advertising-supported community-based television stations following its lengthy review of community-based media – Public Notice 2001-129. The community-based television programming undertakings would be composed of two sub-categories: community-based low-power television undertakings and community-based digital television services.

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Star Choice Television Network Inc. is accusing broadcasters of trying to use the threat of changes to the carriage rules for direct-to-home (DTH) satellite TV providers to wrestle higher compensation fees in exchange for not having to perform signal deletion.

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The CRTC has confirmed that small cable operators must receive the consent of programmers before distributing analog specialty channels on a digital basis – Public Notice 2001-130. But the commission expects consent to be given for digital distribution of analog channels that have not been carried due to a lack of analog channel capacity, and in the case of duplication or migration, where the programmer will be "substantially no worse off, in terms of wholesale fees received."

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