Lack of subsidies will limit participation by “ordinary Canadians” in new media review

Participation by non-commercial, public and consumer groups will be limited in the CRTC's new media review because legislation only allows for such subsidies in telecom proceedings, warns the Public Interest Advocacy Centre. The alternative, says PIAC, is to make a complaint in the form of a "tin cup rattle" for assistance, which usually goes unheeded.PIAC stresses that without financial assistance it will be difficult for such groups to participate in any meaningful way in the proceeding (PN 2008-44), which is says will have "a profound affect" on issues of choice, access, affordability and competition."This means that while the commercial stakeholders will be presenting submissions that will be, in effect, well-resourced extensions of their business plans, the commission will be bereft of the views of ordinary Canadians of new media products and services, presented in a manner that might be of assistance in the creating of the ultimate CRTC decision," PIAC writes in a June 3 letter to the CRTC.Under the Telecommunications Act, consumer groups who participate in telecom proceedings can apply to the CRTC to have their costs paid for by companies who participated in, and have an interest in the outcome of the proceeding. No such provisions exist under the Broadcasting Act, which groups such as PIAC, the National Anti-Poverty Organization, Canadian Labour Congress and the Consumers Association of Canada have complained fails to recognize the growing convergence between telecom and broadcasting, and the importance to have consumer voices heard on both sides of the regulatory house.Former Liberal Senator Sheila Finestone attempted to remedy this discrepancy eight years ago when she tabled a bill to amend the Broadcasting Act, which would have allowed the CRTC to issue cost awards to interveners in broadcasting proceedings. Despite opposition from both public and private broadcasters, Bill S-24 was passed by the Senate in June 2001, but was never made into law by the House of Commons.Such cost awards are commonplace in other tribunals that regulate public utilities, including electrical and natural gas proceedings in many provinces, and the CRTC and the Canadian Transportation Agency at the federal level.The CRTC's last review of new media in 1999 was held under both the broadcasting and telecommunications acts, which allowed consumer groups such as PIAC and the Action Réseau Consommateur to recover some costs relevant to telecom matters, which amounted to about 25%.However, the current new media proceeding is strictly a broadcasting proceeding, and as such, no costs can be awarded to consumer groups. "This is the principal difficulty and something we've identified for years. With the convergence of telecom and broadcasting we're dealing with issues in both areas and unfortunately with one there is the ability to resource public participation and for the other, there is not," says Michael Janigan, executive director and general counsel of PIAC, adding the result likely will be an "abbreviated" form of participation by his group.In its June letter to the CRTC, PIAC asks that arrangements be swiftly made for funding of public and consumer submissions. Janigan says the request has not resulted in any new funding and isn't optimistic any will be forthcoming for consumer and not-for-profit groups before the new media hearing gets underway in January.

Lack of subsidies will limit participation by “ordinary Canadians” in new media review

Broadcast | October 22, 2008

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