New policies needed for mobile video, says CHUM exec

Peter Miller, VP, planning and regulatory affairs at CHUM Ltd., made a submission on September 12 in response to the CRTC’ s call for public comment on a regulatory framework for mobile broadcasting services (PN 2005-82). In this excerpt, Miller argues that the New Media Exemption Order applies to Internet content only, not private mobile telephony networks. Wireless telecommunications providers such as Bell, Rogers and Telus have announced their intentions to offer subscribers broadcast content through their mobile phones. These providers have argued that the services they intend to provide fall under the Commission’s New Media Exemption Order. While these services are innovative, as the CAB noted in its submission, they do not qualify for the New Media Exemption Order as they are not delivered and accessed over the Internet. Instead they are delivered and accessed via closed proprietary networks. As a result, absent an exemption order, these services would require a licence pursuant to the requirements of the Act. ...CHUM does agree with the CAB that a temporary exemption order that would expire after two years may be more appropriate than licensing at this time. However, in order to ensure that these service providers do not negatively impact existing broadcasters, the following pre-conditions should be attached to the exemption order: • That the undertakings must be effectively owned and controlled by Canadians; • That the service received by each subscriber shall consist of a preponderance of Canadian signals; • That this constitutes a new method of distribution and, given copyright concerns, programmer consent would be required; and, • That the undertaking must source its content only from licensed Canadian programming services, or from non-Canadian services authorized for distribution in Canada. This approach would give the Commission the opportunity to review the development of these types of services after reasonable trial period and then determine whether additional regulation is required to further the objectives of the Act. Unlike the wireless providers, Look intends to offer the same range of services that it provides under its existing broadcasting distribution undertaking licence except on a mobile basis. As this is a direct substitute for the offerings of cable and DTH providers, CHUM agrees with Look that it is appropriate for this activity to be licensed. In addition, Look is proposing a new type of undertaking and, therefore, should seek appropriate amendments to its licence (or a new licence entirely) as, in theory, it is currently only authorized to provide service to "households". However, given the fact that Look’s proposal conforms to the requirements in the Act and the Broadcasting Distribution Regulations, CHUM does not oppose the establishment of the service Look is proposing. Traditional broadcasting is a relatively mature business. Going forward, it is evident that one opportunity for growth in the broadcast sector will come from new types of services, such as those using Internet or wireless technologies. However, these services need to be introduced in manner that poses the least threat to traditional broadcasting.

New policies needed for mobile video, says CHUM exec

Broadcast | September 16, 2005

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