CTV, Score Media challenge new specialty channel applications

Television providers CTVGlobemedia and Score Media are challenging new television licence applications from Jay Switzer and Canyon TV, arguing that they would compete directly with existing television services. Jay Switzer, former CEO and president of Chum Ltd., has applied for a Category 2 specialty service, or digital television channel, called Adventure. But in a letter to the CRTC dated March 12, 2010, Kevin Goldstein, vice-president of regulatory affairs with CTVGlobemedia Inc., wrote that the Adventure channel would compete directly with CTV’s analog specialty television channel, Space: The Imagination Station. The CRTC considers competition issues when evaluating new television licence applications. “ are concerned with Mr. Switzer’s request to air programming based on science fiction or fantasy themes as we fail to see how this type of programming fits within Adventure’s proposed nature of service,” Goldstein wrote in a letter to the commission. Goldstein took issue with Switzer’s proposal that “no more than 25 per cent of all programming broadcast during the broadcast week would be based on science fiction or fantasy themes.” He argued that the flexibility to air 25 per cent content in the fantasy and science fiction genres would give Switzer’s channel 31.5 hours each week in direct competition with Space. In a letter dated March 17, responding to CTV’s intervention, Switzer’s lawyer, Mark Lewis, a partner with new media and entertainment law firm Lewis Birnberg Hanet LLP, said there is not enough overlap between the specialty channels to warrant direct competition. Lewis said Canwest Media Inc.’s Showcase Action channel does not compete with the Space channel, but it also has a clause in its licence that stipulates it must not broadcast more than 25 per cent science fiction and fantasy programming. “The Showcase Action Television service has operated since September 7, 2001 under the foregoing conditions of licence, and apparently has provided a distinctive television service that is not directly competitive with Space,” Lewis wrote. Lewis also cited American network Spike TV as an example of a specialty television service that airs about 19 per cent science fiction and fantasy content. For Spike TV, the CRTC previously determined that, “Provided no one genre predominates, the commission considers that limited overlap would not be sufficient for it to conclude that the service is competitive.” Lewis said Switzer has no intention to devote 25 per cent of the Adventure channel’s weekly schedule to science fiction and fantasy programming. He said the 25 per cent limit would give Switzer any necessary flexibility to include movies and extra programming in those genres. Score Media Inc., which owns The Score Television Network, has also challenged an extreme sports specialty service called Canyon Extreme Sports, proposed by Calgary-based Canyon TV Inc. Score Media has argued Canyon TV’s submission is too broad in its mandate and would compete directly with The Score. Canyon TV’s licence application proposes: “The Canyon Sports service will offer Canadian and international sports events on its service across all of the sports genres.” In a letter to the CRTC, dated March 15, 2010, Benjie Levy, executive vice president and chief operating officer of Score Media Inc., argued that Canyon TV’s description of service would qualify it as a de facto mainstream sports channel. Levy said a extreme sports licences already exist and that Canyon TV should meet more focused service obligations. Levy cited specialty channel Xtreme Sports, which operated for a number of years until October 2008, as an example of a more focused service. “The licensee shall not provide coverage of traditional competitive sports such as baseball, basketball, football, hockey, tennis or golf,” said Xtreme Sports’ conditions of licence. “We responded by asking the CRTC to make a provision for mainstream sports in our application, as well as impose a conditions of license which would govern the percentage of mainstream sport programming,” Warren Walsh, the owner of Canyon TV, told The Wire Report by email. Walsh said the “hybrid” approach to sports broadcasting would give Canyon TV’s customers “the best of both sporting worlds.” The CRTC will consider the two applications, along with 17 others, at a non-appearance hearing on April 14. CTV, the Score Media, or Lewis did not comment Tuesday. jmigneault@thewirereport.ca

CTV, Score Media challenge new specialty channel applications

Broadcast | April 6, 2010

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