CRTC prepares to release revised regulations for BDUs, TV, pay and specialty services

There will be no shortage of reading material this week for Canada’s broadcast regulatory lawyers. The CRTC is scheduled to release several decisions this week that will determine, among other things, new targeting advertising options for BDUs, public disclosure of financial data and issues related to Canada’s transition to digital broadcasting in 2011. The CRTC’s ruling from Broadcast Notice of Consultation 2009-176 is a highly anticipated one. The decisions will contribute to a new regulatory framework for Canada’s broadcast industry. It will amend the BDU regulations, the television broadcasting regulations of 1987, the pay television regulations of 1990 and specialty services regulations, as well as Canadian programming obligations. The consultation touched on several issues, from allowing new forms of targeted advertising on BDUs, to barring television stations from giving undue advantages. Owners of consolidated broadcast holders will be anxious to review the CRTC’s decision on requiring public disclosure of aggregate financial information (Broadcast Notice of Consultation 2009-235). Since 2005, broadcasters have been pushing the CRTC to release this information on an aggregate basis rather than on a channel-by-channel basis. The Canadian Film and Television Production Association (CFTPA) and the Canadian Cable Telecommunications Association (CCTA) opposed such a move and demanded that the CRTC release the information on a channel-by-channel basis. Companies likely to be affected by the ruling include Rogers Communications Inc., Shaw Communications Inc., Canwest Media Inc., BCE Inc., CBC/Radio Canada, Cogeco Inc., Corus Entertainment, Quebecor Media Inc., CTVglobemedia Inc., Newcap Inc., and Remstar Diffusion. The CRTC has said that the public release of financial information will benefit the broadcasting sector by allowing the public to make more informed submissions to the CRTC. The commission is also expected to rule on the transition to digital broadcasting, including the distribution of 4-+1 U.S signals and some related short-term issues (Broadcasting Notice of Consultation 2009-49). Since the U.S switched from analog to digital in February, these signals (ABC, NBC, CBS, PBS and Fox) will no longer be available to Canadian viewers on analog. Because Canada’s switch to digital isn’t expected until Aug. 31, 2011, the CRTC anticipates that BDUs will have to offer “down-converted” 4+1 signals to analog subscribers and those without high definition set-top boxes. In general, the CRTC seeks to authorize BDUs to offer these signals in several formats, including down-converted signals, multicast, direct feed or analog. The other decisions are based on Broadcast Notice of Consultation 2009-49 and deal with general authorizations for BDUs, conditions of licence for terrestrial (cable, digital subscriber line, multipoint distribution system) and direct to home satellite broadcast distribution undertakings. The CRTC will also rule on conditions of licence for specialty services in the areas of mainstream sports and national news (Broadcast Notice of Consultation 2009-103). Tech Media Reports will be bringing you detailed coverage on these decisions throughout the course of the week.

CRTC prepares to release revised regulations for BDUs, TV, pay and specialty services

Broadcast | August 31, 2009

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