CAB proposes non-simultaneous substitution option to boost TV drama

The Canadian Association of Broadcasters (CAB) suggests that the CRTC explore the possibility of implementing non-simultaneous substitution (NSS) to cure the country’s TV drama woes. The suggestion was made in the CAB’s June 21 submission in response to the commission’s call for comments on its proposed advertising incentives for English-language Canadian TV drama. A NNS regime would untie Canadian broadcasters from the network schedules of the U.S. networks, and provide them with the flexibility to maximize both the use of the program rights that they have acquired and the scheduling of Canadian drama, reads the CAB submission. Peter Miller, who chaired the CAB working committee on TV drama in conjunction with this proceeding, said that two developments make NSS more viable now than back in 1998 when it was brought up as a possibility in the TV policy review. First, he tells Canadian Communications Reports that there are now technical options available to perform NSS. Second, he notes that Canadian producers are also now on board with the idea. "The difference is that this time around, the producers are very enthusiastic. I think they see it as a way to free up the schedules of conventional broadcasters," says Miller. "And while BDUs (broadcast distribution undertakings) are never happy about having to do anything new, the technology is such that it is now so much easier to implement. It’s all computerized; it’s all relatively easy to do these kinds of things." Under the simultaneous substitution system in place now, Canadian broadcasters that acquire the Canadian rights to American programs air their shows at the same time as the U.S. networks do. The signal of the U.S. show on the American network is replaced with that of the Canadian broadcaster with the Canadian ads included. Under NSS, the Canadian broadcaster wouldn’t have to synchronize its scheduling of the U.S. shows with the American networks. For example, CTV Inc. could schedule CSI at Wednesday at 8 p.m. even if it was airing on the U.S. network CBS on Monday at 9 p.m. The Canadian signal, with Canadian commercials, would replace the CBS signal on Monday, and would run again on the CTV on Wednesday. Miller sees no legal barrier to NSS. "Legally, the question is would this be a second run, and if it is, what kind of second run is it?" he notes. "No one is quite sure if you would call it a second run or not, but if it is, it is a cable second run rather than a second over-the-air run. Because the second run you are doing is not going over-the-air, it’s going to cover the signal on the foreign service on a BDU…There is nothing in trade law that prevents us from doing it. In free trade negotiations, this was seen as a possibility." Miller says that the NNS idea was not mentioned in the CAB’s comments in the CRTC process on Canadian drama (CCR, Dec. 10/03). He says the concept emerged out of more recent consultations with producers. He remains optimistic that the CRTC will consider possibilities other than the added advertising incentives in a bid to get more Canadian drama produced and on the airwaves. "I think if you look at a record of the submissions, there are some parties that are very supportive of the advertising initiative, but there are a lot of parties opposed to it. So I think it’s quite possible that the commission could go in a different direction," he says. "I mean my understanding of the commission’s proposal is here’s an idea and what does everybody think. It wasn’t a tentative conclusion."

CAB proposes non-simultaneous substitution option to boost TV drama

Broadcast | July 5, 2004

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