CRTC Release on Fee For Carriage Issue (March 22, 2010)

[99gecko]

Originally Posted by timlocke

I think that all we need is for the crtc to FORBID Canadian stations to buy EXCLUSIVE RIGHTS for Canada. Then no blackouts, no simsubs. Easy...and hopefully we'd see CTV and Global out of business as TV stations quite soon.

Well, part of the option to buy exclusive rights rests with the production studios. Not all the hit shows are produced by the American networks, they buy some of them from the studios as well. American networks may not want to buy the rights for Canadian distribution, and the production studios may not want to sell them to American networks (they want their show seen after all).

But, there might be pressure put on CTV/Global by the production studios to negotiate with the BDU's for this very same reason!!!

[wgauci]

OK, so correct me if I'm wrong, but from what I can tell of these statements. A Canadian station can opt out of regulation, then try to negotiate a fee for carrying their signal, and if they can't come to an agreement, then request blackout of any broadcasts they own rights to.

If this is correct, then is it safe to say, that the BDU would only have to blackout the originating US network feed in the areas that they would be able to reach OTA?

This should then be similar to the simsib rules. The Canadian networks shouldn't be allowed to force my BDU to blackout any shows in area's where they can't broadcast these shows OTA.

[Michael DeAbreu]

And then I watch ABC/CBS/NBC/Fox simsub-free.

Not quite. You will see the same title card on every channel attempting to show any program for which CTV has exclusive distribution rights.

Rogers: Can we at least have American Idol?
CTV: Sure, we have a great deal on last year's syndication rights. 60 cents.
Rogers: But we need this year's show.
CTV: No problem. It comes bundled with The Littlest Hobo and The Starlost. $1.10

[classicsat]

Originally Posted by windows7

If a new black market of paid subcriptions to DirecTV and Dish Network via an American PO box is what it takes to send the message to the lazy, greedy, poorly-run "Canadian" networks to get the message that they're not wanted, so be it.

A black market subscription says nothing to the Canadian media industry at all, mostly because it is done on the hush-hush.

Does this FFC include CBC/SRC? Is a BILLION dollars a year not enough for them?

No it does not, at least according to the report on the CBC.

[Doppelganger399]

Originally Posted by Ellery

This was taken from the CBC web site:

http://www.cbc.ca/arts/tv/story/2010...ee-signal.html



The CRTC has ruled that Canada's TV broadcasters can seek payment for their over-the-air signals from cable and satellite companies, but is deferring the final judgment to the Federal Court of Appeal.

"Broadcasters and distributors have a symbiotic relationship. The time has come for them to put their differences aside and work together to ensure the continuation of conventional television, which Canadians clearly value," Canadian Radio-television and Telecommunications Commission chair Konrad von Finckenstein said Monday in a statement.

The cable and satellite companies have argued that, under the Broadcast Act, the CRTC doesn't have the authority to force payment for conventional television signals.

The CRTC said it must consult the court to ensure it has the jurisdiction to impose the negotiations between the two sides.

Read more: http://www.cbc.ca/arts/tv/story/2010...#ixzz0iwKn3o6T


So as I look at this the CRTC has chickened out again.

So why can`t the crtc make a decision and enforce it?

[classicsat]

Answers below supposing post #9 from PlayitSimple is correct.

Originally Posted by Tridus

So, when do I get the option to not pay for these stations, like I have for digital stations? I notice these stations are still protected, if you don't subscribe to CTV and they show an American show (which is mostly what they do), the cable company would be forced to remove that show from the American station.

That "protection" would have to be part of the negotiatged terms between the station and BDU. All current mandated protections are eliminated (and may become negotated) when a station chooses to negotiate carriage with a provider, with the exception of a station having the right to ask a provider to black out programming whic they have the exclusive/primary exhibition right, regardless of carriage status.

Originally Posted by windows7

And then I watch ABC/CBS/NBC/Fox simsub-free (albeit temporarily). And they can't black out the American network each time they run a show CTV has the Canadian broadcast rights to.

So long as you watch them from antenna.

If you watch them on a Canadian BDU that has failed to negotiate carriage with a Canadian station, you may see black or the same slate.

[HDTV101]

If they’re going to charge us now for these local channels then it should be a pay for what you want model. This way you can keep your Cable or Satellite for the speciality channels but can put up an antenna on your home for the FREE local channels.

I’ve been using a rooftop antenna for years now to compliment my satellite TV system primarily because the free HD signals ‘over the air’ are the best quality you can get… but now if I have to pay anything for these free local signals, that come to me over cable or satellite, then I’ll for sure cancel them and just use the antenna for the FREE HD signals. As a bonus I get the USA channels too out of Buffalo and can see US programming… I always use the antenna for the US channels… I just love my antenna!!!

[ScaryBob]

I, for one, am happy with this ruling. It is fairly close to the US model where stations can either request mandatory carriage for no money or negotiate for compensation for carriage. There were a number of cable systems in the US that had local stations missing due to negotiation failures between stations and BDUs. The worst case scenario of mandatory carriage plus FFC has been avoided. Since stations that choose negotiation lose all protection rights, they can be put into optional bundles on a second tier. We could see CTV, Global, et al put into an optional networks bundle with US nets. That would be great for people with digital OTA but not so good for people farther from the US border.

The only concern I have is that companies like Rogers could enter into sweetheart deals with CTV and Global that are good for each company concerned but bad for consumers and other stations and BDUs. I can also see small, independent stations suffering further due to their lack of clout with BDUs.

[kcbrk32]

Contact your MP and show your dissatisfaction with the CRTC and their latest decision, or lack thereof. I will not tolerate any blackouts. It is time for the politicians to change the Broadcast Act to abolish simsubs and blackouts.

[99gecko]

I can also see small, independent stations suffering further due to their lack of clout with BDUs.

Yeah I thought about that too. I have a heavy feeling that independents might find their the best defence is network affiliation.

[thenewdc]

I have an antenna setup too, so these new regulations that could cause blackouts won't affect me.

[Michael DeAbreu]

If it turns out that the CRTC doesn't have any jurisdiction over the negotiated value for signal (VFS) then I imagine that these negotiations will quickly lead to price fixing and an un-regulated oligopoly.

[classicsat]

Originally Posted by wgauci

OK, so correct me if I'm wrong, but from what I can tell of these statements. A Canadian station can opt out of regulation, then try to negotiate a fee for carrying their signal, and if they can't come to an agreement, then request blackout of any broadcasts they own rights to.

Just about correct. What the stations choose is negotiated carriage, and an effect of that is removal of existing regualtory protections.
However, an new regulation gets added regardless, and that is the right for the station to request blackout of their or other channels that carry programming they have the exclusive right to in their market.

If this is correct, then is it safe to say, that the BDU would only have to blackout the originating US network feed in the areas that they would be able to reach OTA?

That is my loose interpretation.

This should then be similar to the simsib rules. The Canadian networks shouldn't be allowed to force my BDU to blackout any shows in area's where they can't broadcast these shows OTA.

Correct (to my interpretation), if a station not in your market asks for blackouts, the BDU you subscribe cannot black you out from signals not belonging to them, except their own, if your BDU carries them as a distant local.

[thenewdc]

These new regulations will likely lead to the end of carriage of distant local stations. Rogers has said publicly that they want to end this practice anyways.

[PlayitSimple]

If it turns out that the CRTC doesn't have any jurisdiction over the negotiated value for signal (VFS) then I imagine that these negotiations will quickly lead to price fixing and an un-regulated oligopoly.

If the courts rule that the CRTC doesn't have the power to implement a value for signal system then there will be no negotiations because this system will not be implemented. Basically we are in another waiting game yet again, this time waiting to see what the courts rule. If they say NO, the CRTC doesn't have the power to do this then you are back to square 1. The ball would then be tossed into the governments court and they would have to decide whether to make changes to the Broadcasting Act and since no party wants to touch this issue with a 10 foot pole, I think things would just stay as they are now.

It was stated that it could take up to 6 months for the courts to finally rule on this issue so its status quo until then.