CRTC issues new rules for 9(1)(h) must-carry requests

The CRTC released new criteria Friday for the application of section 9(1)(h) of the Broadcasting Act, under which broadcasters can request a special order for must-carry status on a carrier’s digital basic service. Under the new criteria for must-carry status, an applicant must prove to the commission that their channel demonstrates “exceptional importance” and that mandatory carriage would “enable its service to contribute in meaningful ways to fulfilling the policy objectives of the Act.” To be considered a channel of “exceptional importance,” it must exceed the amount of “Canadian expression and reflection” that must-carry Category A specialty services typically use, the commission said. The channel must also make a commitment to original, first-run Canadian programming. The commission added that applicants for a 9(1)(h) order must also prove there is a need for the service among Canadian audiences and that they must show the impact the new channel would have on the price of consumers’ basic digital television package. The CRTC said it will not consider applications for mandatory carriage under 9(1)(h) until after June 1, 2012. The new criteria--and the commission's statement that it will not consider any applications until 2012--comes as Quebecor Media has been aiming for a new must-carry licence for an all-news channel called Sun TV News. Although the commission has rejected Quebecor’s application for a Category A specialty channel licence, observers have speculated that the company could have been seeking a special order for must-carry status under the 9(1)(h) provision. But Quebecor plans to launch the channel in January 2011, far before the commission says it is willing to consider 9(1)(h) applications. CRTC Commissioner Michel Morin submitted a dissenting opinion to the decision Friday, saying that the new requirements for must-carry status on the basic digital service are “completely subjective and arbitrary.” Morin wrote that the commission should rely on objective data to determine whether a service receives must-carry status. Morin proposed a model in which the percentage of Canadian content, the percentage of Canadian programming expenditures, and the price paid by the consumer for the service, are evaluated in a point system. Services that meet a certain score would be approved.

CRTC issues new rules for 9(1)(h) must-carry requests

Brief | August 27, 2010

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