CCTA calls for technology neutral regime for dealing with Internet re-transmissions

The Canadian Cable Television Association is calling for a technology-neutral law to deal with re-transmissions, in stark contrast to a newly formed coalition of content rights holders demanding legislation that would exclude webcasters from re-transmitting TV signals on the Internet without first getting permission. Christopher Taylor, CCTA senior VP of law and regulatory affairs, says innovative thinking and new ways of doing business will be sparked by a Copyright Act that allows emerging technologies to deliver services under the same regulations that apply to cable and direct-to-home satellite. In an Oct. 16 brief to Canadian Heritage and Industry Canada, the CCTA notes "there is no evidence that the current legislation is in any way inadequate or too uncertain to deal with the issues raised by new technology. The Copyright Board has the requisite authority to consider the issues raised by Internet retransmission and should be allowed to do so." The CCTA was responding to a Sept. 15 brief sent to the two departments by the Media Content Coalition, which wants Ottawa to amend a section of the Copyright Act that appears to give webcasters a guaranteed right to re-transmit local TV signals over the Internet. The issue came to a head last Fall when iCraveTV.com tried to carry major U.S. and Canadian networks on its portal (CCR, Dec. 22/99). Since then, Montreal-based JumpTV.com has applied for an interim tariff that would permit a similar Internet service (CCR Sept. 14/00; Oct. 26/00). Taylor notes that not only is the Copyright Act currently technology-neutral, but the telecommunications and broadcasting acts are as well. In contrast, the U.S. and Australia have opted to exempt Internet re-transmissions under similar provisions of their acts. "It will be far better for Canada (to have technology-neutral laws)," says Taylor, adding that the country as a result will likely become leading edge in new broadcast technologies. The Media Content Coalition, consisting of the Canadian Association of Broadcasters, the Canadian Film and Television Production Association and other industry groups, argues that webcasters should be exempt from the Copyright Act’s Section 31 compulsory licensing regime because they are unable to restrict their streaming to a limited geographic area. The CCTA notes that no complaints were made when DTH starting operating under the provision. "That’s like saying you can’t regulate broadcasting when it’s distributed by satellite because it has a larger footprint than cable," says CCTA president/CEO Janet Yale. "It doesn’t mean you need different legislation. You just adapt your tools. It’s kind of a silly argument." She adds that the Copyright Board has figured out a way to deal with music over the Internet, so why should television be different. "The fact of the matter is that technologies do create problems, it doesn’t mean that we can’t find a technologically neutral legislative approach," she stresses. The CCTA brief to the government also notes that "specific amendments proposed by the coalition are fundamentally flawed and could potentially prohibit cable operators and other broadcasting distributors from taking advantage of all available technological innovations in the delivery of their services." As well, the CCTA attacks the coalition’s request for changes to the act that would call for a cable or DTH operator to discontinue their services if they became aware that an unauthorized user was picking up their signals and providing them over the Internet. "This remedy, which would compel a retransmitter operating in complete compliance with the law to cut off service to a customer with absolutely no due process, is unreasonable and far in excess of the substantial remedies that are available to other rights holders under existing legislation," the CCTA states. It also says the remedy could conflict with the Broadcasting Act, which requires cablecos to provide service to any household that requests service and is located in a residential area within a cableco’s licensed service area.

CCTA calls for technology neutral regime for dealing with Internet re-transmissions

Broadcast | November 9, 2000

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