RFI says it has right to launch in Canada, despite ongoing CRTC process

Radio France Internationale (RFI) launched this week on digital cable in the Quebec market despite the fact the CRTC announced last year that it was deferring authorizing foreign audio programming services for distribution in Canada. The commission said it would first finalize a licensing framework for Canadian specialty audio services before looking at foreign radio offerings. That process is still ongoing, leading to some confusion about whether RFI is breaching CRTC rules. Alain Massé, deputy director of international affairs at RFI, tells CCR that the public radio service based in France doesn’t need the commission’s permission to launch in Canada. "As a public service, we don’t need authorization to broadcast in Canada," he says. "I read the Broadcasting Distribution Regulations and there’s an article that explains that a public broadcaster doesn’t have to get regulatory approval." Section 22 of the regulations spells out what audio programming must be distributed while Section 23 describes what audio services may be distributed. Section 23 (1)(c) specifies: "Except as otherwise provided under a condition of its licence or in subsection (2), a licensee may distribute any international radio service operated or funded by a national government or its agent." Nick Ketchum, the CRTC’s director of English-language radio and TV policy, explains that the regulations were designed for analog distribution, but assumes they would apply to digital distribution as well. "The answer to many of the interesting questions is not 100 per cent clear," Ketchum says in response to CCR’s queries. "However, we do have some clarity at some levels…If RFI is funded by a national government, then (broadcast distributors) may distribute it without any authorization by the CRTC." He adds, "Where it gets fuzzy is that we don’t have rules, or different rules, for the digital environment. But these regulations don’t say these are for analog only. The commission has not developed differing rules for either audio or video on the digital side. So I would think that any (distributor) would have some flexibility in the carriage of RFI in this case, whether they want to carry it in digital, on analog, or both." Last year, RFI was the only radio service among 30 foreign programming services seeking authorization to enter Canada; the others were television services – Public Notice 2000-173. Last July, the CRTC authorized 19 foreign TV services for distribution here on a digital basis (CCR, Aug. 2/01). The CRTC noted in Public Notice 2001-82 and clarified in 2001-82-1 that the addition of RFI to the list of services eligible for digital distribution in Canada would be considered after the completion of its process on a proposed framework for the licensing of new Canadian specialty audio services. That process, launched last July, has not yet been completed – Public Notice 2001-85 (CCR, Oct. 26/01). A CRTC spokesperson tells CCR that the policy will be released soon. A source tells CCR that the reference to RFI in PN 2001-82 was made as a warning to cable operator Vidéotron ltée, which was loading up its lineups with foreign audio services before adding all the must-carry Canadian audio services. Asked why RFI had sought permission to be distributed in Canada, Massé replied, "I don’t know, actually. We didn’t need it. I think maybe it was just to follow the TV." At a news conference on June 17, it was announced that RFI and its sister radio service RFI Musique Monde would launch in Quebec on June 19 on Vidéotron and Cogeco Cable Inc. cable systems in a package with three French-language European-based TV channels (see story in this issue). Massé says RFI also expects to have its Arabic radio station available on cable in Canada within a few months. He says that RFI shouldn’t have a problem launching any of the channels it operates since they are funded by the French government.

RFI says it has right to launch in Canada, despite ongoing CRTC process

Broadcast | June 21, 2002

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