Expedited third-language programming regime is long overdue: Ethnic Channels

Almost two years after it eliminated the competitiveness test for foreign-owned, third-language general interest specialty channels (CCR, Dec. 20/2004), the CRTC issued a public notice last month that should finally level the playing field for Canadian broadcasters with similar services. Posted on November 22, Public Notice 2006-151 invites comments on a proposal to exempt these third-language ethnic Category 2 pay and specialty undertakings from licensing requirements, which should "expedite the entry of new Canadian third-language services and contribute to greater diversity in the broadcasting system." The commission also determined as part of PN 2004-96 that "it would be appropriate to adopt a more open-entry approach to the consideration of requests to add services to the digital lists." For the Canadian ethnic third-language broadcasters who have looked on as foreign services gain access to Canadian airwaves quicker than they have, the proposed exemption order is overdue. But it doesn’t undo what some see as two years under an unfair regulatory policy "We’re happy the CRTC proposed a more open-entry approach," says Slava Levin, owner of Toronto-based third-language broadcaster Ethnic Channels Group. " a little late because we have already lost a bunch of services that we were planning to launch and they couldn’t wait for us so they came in on their own." Levin has been outspoken about the perceived advantage afforded to foreign-owned third-language television services since 2004 (CCR, Aug. 29/2006). But the CRTC says PN 2006-151 has nothing to do with appeasing Canadian third-language broadcasters; rather, it’s another illustration of how the commission is streamlining its processes. "We want to provide quicker response to all the applications that we have, so it’s one of a series of measures that we’re trying to put forward to lighten the regulatory burden, for the applicants but also for the commission," says CRTC spokesperson Denis Carmel. "And by lightening the burden on the commission, we are able to put resources somewhere else and be more quick in that sense." As for removing the competitiveness test for foreign third-language services in 2004, Carmel says it wasn’t intended to give any undue advantage to non-Canadian broadcasters. "We had felt that it wasn’t fair for general-interest stations that would always be in competition in part with existing channels…. So we said for those general interest channels, we’ll remove that test," he says. Indeed, foreign third-language niche services still have to pass the competitiveness test to gain access to Canadian airwaves, but Levin points out that the freedom given to the general interest channels coming into Canada has affected his business. Although expediting the entry of Canadian third-language services will help Ethnic Channels in negotiations with foreign content owners, Levin feels more needs to be done. "It speeds up the process for Category 2s, but it doesn’t eliminate the threat of non-Canadian services coming in here, taking revenue out of Canadian businesses and not leaving anything in Canada," he says. "We’re not opposed to foreign services coming in, but maybe they need to pay into a fund to help balance out what they’re taking out of this country." Ethnic Channels will be commenting on the recent public notice, and Levin adds that it will keep its comments to the issue at hand and not use it as a platform to raise other concerns. "The commission’s always said to us, ‘There will be time to address other issues at different times,’" he says. "My biggest concern is when that time will come....A little bit more work needs to be done to balance the foreign industry out in my eyes, but this is a good step forward."

Expedited third-language programming regime is long overdue: Ethnic Channels

Broadcast | December 6, 2006

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