Crime-fighting channel wins round two with commission

In a rare re-examination of one of its own decisions the CRTC yesterday confirmed its earlier ruling to approve the mandatory distribution of Avis de Recherche (ADR) on basic digital television services in Quebec. With subscription fees now assured, the crime-prevention channel says it will set its sights on eventual national distribution. "Obviously we would have preferred the matter would have been settled last July," says Vince Geracitano, owner of ADR. "But the important thing is the outcome was what we were hoping for and that will allow us to pursue our mission of making Quebec and Canada a safer place." In July 2007 the commission originally approved ADR for mandatory digital basic carriage as part of its mass decision under section 9(1)(h) of the Broadcasting Act. In that decision the CRTC also approved amended conditions of ADR's licence, specifically ruling that the broadcaster invest a minimum of 20% of its subscriber revenues on the acquisition or investment in Canadian programs. Described in the CRTC documents as having a "scope is to assist law enforcement agencies across the country to obtain clues, tips and leads that might help resolve matters of interest to the communities they serve, both on the local and national levels," ADR had good footing to qualify as having "exceptional importance giving it the right to be distributed on the digital basic service." As well, licence requirement of 95% Cancon was the highest of all programming services to receive 9(1)(h) status. However, after appeals from BDUs and DTH providers the federal government in October referred the decision back to the commission for re-examination, "specifically with respect to funding of Canadian content, given Avis de Recherche's exceptional right to mandatory distribution."ADR subsequently proposed amending its licence again, requiring it to spend 43% of its gross revenues on Canadian programs, as opposed to 20% of subscriber fees. Geracitano says this is actually a reversion to its original mandatory digital basic application when it had proposed spending 40 to 45% of revenues on Canadian programming. In light of resetting these levels, the CRTC reconfirmed its decision. I"The mechanism is there to allow for the government to ask us to review ," says Peter Foster, the CRTC's acting senior director of television policy and applications. "The commission's opinion is by increasing the programming expenditure requirement that should address those concerns....In a case where the programming expenditure commitments are going up that's in the interests of the Broadcasting Act." Foster adds, however, that as with any licence amendment the ADR ruling can still be appealed. Geracitano hopes the reconfirmation of the CRTC ruling puts the issue to rest so ADR can swing its focus from policy back to broadcasting. He says the $0.06 per subscriber per month mandated as part of the ruling should make that much easier. "Given the CRTC decision we no longer have to concern ourselves with trying to survive and trying to muster up funding, which is what we had to do for the first three years of operation. allows us now to concentrate and focus our efforts in producing content and helping the community," says Geracitano. "Here in Quebec we've already made a difference and we're hoping eventually to be able to export our service so that all Canadians can benefit."

Crime-fighting channel wins round two with commission

Broadcast | January 22, 2008

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