CAB remains opposed to compulsory licence for Internet retransmitters

The Canadian Association of Broadcasters (CAB) has reacted in no uncertain terms to calls by several parties for a CRTC decision in favour of allowing Internet retransmitters to operate. Last month, several groups including the Canadian Cable Television Association (CCTA), the Canadian Association of Internet Providers (CAIP), the CBC, and Bell Canada made cases for either creating a new exemption order that would allow companies such as JumpTV.com Canada Inc. to retransmit over-the-air broadcast signals via the web, or to create a licensing regime for the same purpose (CNM, Oct. 3/02).Retransmission with the protection of a compulsory copyright licence, however, is staunchly opposed by broadcasters in a second round of submissions to the CRTC's Broadcasting Public Notice 2002-38 public process.In its October 4 comments, the CAB dismisses the argument that Internet retransmission is a form of innovation that must be protected."The CAB is concerned that some parties have attempted to use innovation as their rationale to distribute over-the-air signals under a compulsory licence regime established under the Copyright Act. This approach bypasses the over-the-air rights holders and does not adequately safeguard against the subsequent redistribution by third parties of their signals to the entire world," the lobby group writes.Submissions in the first round advocating Internet retransmission varied in preferred approach and the CAB is careful in its reply to point out the drawbacks of each.For example, the broadcast lobby takes exception to the creation of a new exemption order as urged by CAIP."The CAIP submission is less helpful. It argues that there should be a new Exemption Order to circumvent the effect of Bill C-48. However, CAIP leaves it to the CRTC 'to clarify how and why new media undertakings which are Internet retransmitters are covered by one exemption order but not the other,' even though the new Exemption Order 'should simply mirror the New Media Exemption Order'."What does such an attitude say about the integrity of the regulatory regime? It will open the door to those who would accuse the commission of thwarting the clear will of Parliament, of being more entranced with the possibilities of new technologies than concerned about their obvious limitations and of being openly hostile to the legitimate interests of content creators."The CAB also has harsh words for the CCTA's proposal in favour of licensing Internet retransmitters. "…(T)he CAB submits that this approach might be attractive conceptually - assuming that territorial containment and other concerns could be satisfactorily addressed at some future date - but that it ignores the statutory framework within which the commission operates…The Broadcasting Act does not allow the commission or interested parties to pick and choose as between regulation or exemption orders."The company really at the centre of the debate, JumpTV, didn't submit comments to the reply round after recycling an earlier document written for the Copyright Board of Canada in the first.Most other parties did submit second-round comments. Notably, Bell Canada reiterated comments it made in the first round that it favours a new exemption order, but softened its call by acknowledging a strong trend in other submissions toward creating a new licensing regime. In line with those submissions, the telecom giant has suggested several restrictions that might make licensing possible while attempting to satisfy the concerns of copyright-holders.Commission spokesperson Denis Carmel says there may be no time for further public hearings. The CRTC has been ordered by Cabinet to report no later than January 17, 2003 on its findings.

CAB remains opposed to compulsory licence for Internet retransmitters

Broadcast | October 16, 2002

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