MTS complains about local avail use

In Broadcasting Decision 2006-204, the CRTC dismissed a complaint by MTS Allstream which alleged that Shaw Cablesystems and Videon CableSystems had made improper use of local avails to promote non-broadcasting services (see p.6). Below is an excerpt from MTS’ complaint. MTS alleged that Shaw was in violation of its condition of licence by using the local availabilities in the programming of US satellite services to advertise its non-programming services. In particular, MTS claimed that Shaw had been televising a series of 30-second advertisements that promote Shaw’s non-programming services, including its high-speed Internet and telephony services. MTS submitted an electronic version and videotaped copies of the Shaw "Broadband Experience" advertisement to the Commission. While MTS acknowledged that portions of the advertisement may have been designed to promote programming services, it submitted that image...was unambiguously directed at telephony services. In addition, MTS argued that appeared to be an attempt to promote Internet services or the ability to shop on-line. MTS submitted that Shaw’s alleged use of the local availabilities to promote its non-programming services was even more egregious in light of previous commission determinations that found Shaw to be in violation of its condition of licence regarding local availabilities and the commission’s direction to Shaw, as a result of these violations, to file quarterly compliance reports regarding its use of local availabilities for a period of three years, beginning in October 2003. MTS submitted that, given Shaw’s repeated and continuing violation of its condition of licence regarding local availabilities, it was now necessary for the Commission to take stronger action to ensure that Shaw complies with its condition of licence. Accordingly, MTS requested that the commission: immediately amend Shaw’s condition of licence regarding local availabilities so that, for a period of one year, Shaw may not use the local availabilities to promote its own services; in the alternative, direct Shaw to immediately cease the practice of using the local availabilities to advertise Shaw’s non-programming services in violation of its condition of licence and require Shaw to submit for review by the commission, completed copies of any advertisements for Shaw services that Shaw intends to include on the local availabilities, no less than ten days prior to the use of such advertisements on the local availabilities; and following a public hearing, issue a mandatory order that prevents Shaw from continuing to use the local availabilities to promote non-programming services. Commission’s analysis and determinationAs described above, the Shaw advertisement submitted by MTS contains a series of fast-moving images set against a musical background with no accompanying voice-over or text. Given the lack of dialogue, the commission considers that the individual images used in the advertisement can be subject to different interpretations, thus making it impossible to conclude that any one image in particular is more a reference to one of Shaw’s non-programming services than to a broadcasting service. Accordingly, the commission is unable to conclude that Shaw has violated its condition of licence respecting its use of local availabilities and dismisses the complaint by MTS. Note: In last issue’s Newsmakers, we left the Canadian Television Fund off the list of 2006 Documentary Policy Summit organizers. CCR regrets the error.

MTS complains about local avail use

Broadcast | June 5, 2006

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