CRTC’s 9(1)(h) decision hurting independent specialty services: ZoomerMedia

Small specialty service broadcasters are being hurt by the commission’s new schedule for must-carry applications, Bill Roberts, CEO of ZoomerMedia Ltd., which operates the channels Vision TV, One and JoyTV, told The Wire Report. Last month, the CRTC implemented new criteria for broadcasters to apply for a mandatory carriage order under 9(1)(h) of the Broadcasting Act. But the commission said it will not consider applications under the 9(1)(h) rule until after June 1, 2012. Roberts said that at least nine independent broadcasting companies with specialty services, including ZoomerMedia, have applied for mandatory carriage under section 9(1)(h) of the Broadcasting Act, and have waited for a response from the CRTC since 2006. “If you follow that logic, 2012 means a decision in 2013, which means no real implementation until 2014,” Roberts said. “So if you take being there since 2006, out to 2014, that’s the better part of a decade waiting for rubber to hit the pavement.” Getting mandatory carriage with a 9(1)(h) order guarantees a channel a position on distributors' digital basic packages. Under the new criteria for must-carry status, an applicant must prove to the commission that its 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.” Roberts also questioned why the CRTC will hold a hearing to consider a licence application for Quebecor Media Inc.’s Sun TV News channel on Nov. 19, 2010. “How come they get to be heard on the merits of their wanting to have access to mandatory so quickly when the smaller players have been standing in line twiddling their thumbs and holding on to their businesses?” Roberts said. Quebecor is applying for a Category 2 licence—where carriage must be negotiated with distributors—but has asked for an exception to receive mandatory carriage for the channel’s first three years of operation. The company is not asking for mandatory carriage on digital basic, but anywhere on the dial, so that it is available to all distributors' customers.

CRTC’s 9(1)(h) decision hurting independent specialty services: ZoomerMedia

Brief | September 17, 2010

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