JumpTV applauds federal consultation paper on retransmission regime

JumpTV.com Canada Inc's lawyer is giving his tempered thumbs-up to a consultation paper released last week by the departments of Canadian Heritage and Industry Canada on the country's retransmission regime. The document raises several questions about how the controversial practice - which gives cablecos and satellite TV players the right to retransmit over-the-air TV signals - could be changed to reflect the increasing use of the Internet as a new distribution platform.Sunny Handa, acting on behalf of JumpTV, says he's still upset that the feds have decided to proceed with a consultation period before the Copyright Board of Canada has decided on the issue. He says he's encouraged, however, by the tenor of the consultation paper which attempts to bring all sides of the debate into play."I'm quite impressed by the quality of work that's been done. It's definitely an issue-raising document and you can tell that they've gone at length to try to assuage both camps and try to avoid getting into one or the other camps," he says.His main criticism of the document is that it singles out one mode of distribution. "We're not happy that it does target Internet retransmission. They're at pains in the document to say that other types of retransmission were contemplated by the legislation, but Internet retransmission wasn't. I think that's a fundamental flaw with the document…"I think if they want to revise or look at the retransmission system, they should come clean and say that they're going to look at the retransmission system as a whole. Of course, they don't want to do that because that will open up a political can of worms because the United States does not like our retransmission system."While not ruling the status quo out, the departments have given industry several points to ponder in the paper, entitled Consultation Paper on the Application of the Copyright Act's Compulsory Retransmission Licence to the Internet. The document sets out four principles by which any decisions will be taken.First, it affirms that any option must ensure that Canadians, no matter where they live, have appropriate, shared access to diverse cultural content provided by Canada's broadcasting system. Second, any proposals must strengthen an equitable balance between the rights of third parties and rights holders. Third, any amendments must respect technological neutrality if possible. Finally, the paper calls for certainty in the legislation - a direct response to the ambiguous nature of the current law.The departments note that they could choose the status quo, which could allow companies such as JumpTV and iCraveTV.com Inc to operate. It states, however, that "considerations of certainty and the need for the equitable treatment of rights holders argues in favour of a legislative response." It does appear the government is predisposed to taking some kind of action.The paper outlines two broad policy options for the government. It could choose to exclude the Internet from section 31 of the Copyright Act - the section dealing with the Internet retransmission regime. The problem, however, arises when trying to define the Internet. As the cablecos have noted in this debate, many communications technologies are evolving towards an Internet Protocol base, and any technology-specific exclusion could stifle innovation.Secondly, the departments could offer section 31 protection to Internet retransmitters on a technology-neutral basis. That would give Internet companies the right to pick up local television signals and retransmit them over a web site. The paper calls for comment on territorial restrictions, and how to deal with banner advertisements and the question of simultaneity and entirety.Comments on the paper are due Sept. 15. The entire consultation paper can be viewed at http://strategis.ic.gc.ca/SSG/rp00008e.html.

JumpTV applauds federal consultation paper on retransmission regime

Broadcast | June 28, 2001

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