Restrictions sought on low-powered broadcasting of sporting, other events

Canada's private broadcasters are opposed to an upstart Montreal company's plans to sell advertising during on-site broadcasts of live sporting and other events via fan companion wireless devices. World Audio-Visual Entertainment Systems (W.A.V.E.S.) has proposed selling 12 minutes an hour of advertising over four channels covering a limited duration event, such as a Formula One auto race. The channels would be viewed by spectators on portable receivers so they can better follow a complete event through instant replays, footage of other parts of the race or event, other programming and access to related statistics (CCR, May 23/02). "Specifically, the commission should limit on-air commercial activity to 'sponsor identification' or 'promotion with sponsor mention', consistent with the definitions contained in the exemption order for low-power radio," the Canadian Association of Broadcasters (CAB) states in its June 20 comments to W.A.V.E.S.' application for a broadcast licence. W.A.V.E.S. has been forced to apply for a licence because there is no exemption order for the television broadcast of one-time events as there is in radio. If the CRTC approves W.A.V.E.S.' application, the CAB is also asking the commission to ensure other conditions apply that are in line with the low-power radio exemption order for limited duration special events. "…The commission should require the undertaking to restrict its programming to the specific recognized (sports, cultural or touristic) event and ensure that it does not duplicate the programming service of any other licensed television undertaking," the CAB states. Rogers Broadcasting Ltd.'s submission is similar to that of the CAB, but more specific in the criteria that it wishes W.A.V.E.S. to have to follow. Rogers asks the CRTC to require W.A.V.E.S. to ensure that its low-power television broadcasts don't interfere with local television broadcast signals, that programming originate from the location of the special event being covered, that the programming be restricted to the event itself (without rebroadcasting or duplicating programming of another licensed or exempt TV service), and that all programming rights be cleared for low-power broadcast. Rogers also suggests that the CRTC consider establishing an exemption order for the low-power television broadcast of limited duration events that is similar to the one for radio. "Whether it's an exemption order or it's just having appropriate conditions of licence in place, we think the criteria should be spelled out," Alain Strati, Rogers Broadcasting's director of business and regulator affairs, tells CCR. "The reservations are that the criteria are put in place so that (W.A.V.E.S.) stays within the boundaries of what they say they are going to do with the event programming. I mean the exemption order has worked for radio, and from our perspective, there is no reason why it shouldn't work equally well for low-powered television as long as it's dealt with in a similar fashion." Satellite TV operator Bell ExpressVu LP also asks the CRTC to further clarify the conditions of licence of W.A.V.E.S. by stating specifying that it will "operate ancillary to, and solely for the purpose of facilitating, special events…by providing persons attending those events with a fuller appreciation of the events through locally-originated educational and informational programming related directly to such events." If the conditions are followed, Strati doesn't see W.A.V.E.S.' fan companion as a competitor to Rogers' sports specialty channel. "It may have more of an effect on an over-the-air broadcaster than a specialty service, like Rogers Sportsnet. We're run by cable, DTH and MDS - we're closed circuit almost," Strati says. "In this instance, technologically it's over-the-air broadcasting, although it's limited to people at the event. It's similar to what CTV (conventional) would do to cover the Molson Indy..." Mark Brennan, who is in charge of new business and public relations at W.A.V.E.S., says the company has no problem with having to conform to the proposed criteria.

Restrictions sought on low-powered broadcasting of sporting, other events

Broadcast | July 4, 2002

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