Channels’ licence descriptions open to interpretation, broadcasters say

In response to the CRTC’s concerns that re-branded specialty channels are broadcasting shows that don’t fit their licence descriptions, Canadian broadcasters are arguing that their nature of service definitions are open to interpretation. Broadcasting expert Martha Fusca, president and CEO of Stornoway Communications, said the CRTC is likely to consider any valid arguments from the broadcasters. “But on the other hand, if the CRTC does not believe they are valid, the CRTC will let them know and they’ll have to change what they’re doing,” Fusca said. In mid-July, the CRTC began an informal inquiry into whether broadcasters are breaking their conditions of licence by broadcasting shows that do not adhere to the licences’ nature of service. Nature of service is a licence condition that defines the kind of programming a channel should feature. On July 27, the commission sent letters informing CTVglobemedia Inc., Canwest Global and Rogers Communications Inc. that their MTV Canada, TVTropolis and G4 channels, respectively, may be broadcasting shows that to do not respect their nature of service descriptions. CTV’s MTV Canada was originally branded as Talk TV. Its nature of description says the channel should be “devoted to talk programming providing viewers with the opportunity to participate through telephone, fax or Internet, as well as live television hook-ups, in discussion and debate about topics and issues that interest and affect all Canadians.” But the commission said in a letter to CTV that some of the shows featured on the re-branded channel do not fit its original description. “After a review your broadcast schedule it would appear that several of your programs are not consistent with your nature of service, such as ‘Jersey Shore,’ ‘Cribs,’ ‘Downtown Girls’ and ‘Teen Mom,’” the commission wrote in the letter. “In light of these concerns, could you please explain your programming strategies as well as how you feel your programs, including the ones noted above, fit within your nature of service definition?” In a letter dated Aug. 27, CTV told the commission “talk programming” is not defined by nature of service. The company said it uses the Chicago Museum of Broadcast Communications’ definition of “television talk” to define the term. The museum says “television talk” represents all unscripted forms of conversation and direct addresses to the audience. CTV argued the shows referred to in the CRTC letter are reality shows featuring unscripted conversations that meet MTV Canada’s nature of service. CTV said it selects each program to ensure it fits within its definition of talk programming. “In fact, MTV has declined various category 11 programs and scripted programming that are not based on talk or do not primarily feature talk content,” CTV wrote. CTV also addressed the commission’s concerns about audience participation. “While the technologies with which audiences interact with MTV and its programs have evolved since the original Talk TV licence in 1996, MTV today remains committed to providing viewers with feedback mechanisms to join in on the discussions and debates ignited by our programs, mainly through the Internet or by contacting the service directly through various means (i.e. by email, webcam, phone, etc.),” CTV wrote. In an Aug. 18 letter, Rogers also responded to the commission about its G4 channel and the broadcast of programs Mantracker, Which Way To and The Office. G4’s nature of service says the channel should consist “exclusively of programming related to computing, technology and the Internet.” Rogers wrote that the channel was licensed in the late 1990s and that people’s interests in technology now revolve around the latest news and information on new applications, video games, and music. The company said G4 features three magazine-type shows in its prime-time block that produce 10 hours of original content a week. Rogers added that the channel is now more oriented towards the “e-generation.” “As a result, our schedule now includes a wider variety of programs we think are of particular interest to our viewers. However, in building our schedule we recognize that there are certain shows that fall directly and squarely within G4’s nature of service and that other programs such as The Office only do so in a more indirect way,” Rogers wrote. The company said broadcasting popular shows such as The Office help draw viewers and support its original primetime programming. Canwest, in an Aug. 16 letter to the commission, also defended broadcasting shows Project Runway Canada, The Last 10 Pounds Bootcamp and Revamped on TVTropolis. According to its licence description, TVTropolis should provide programs of “particular interest to adults over 50 years of age.” Canwest said the shows are very popular amongst adults over 50, adding that it’s a misconception that people over 50 want to watch older shows. “A common misperception of this licence is that only older entertainment programs appeal to older demographics. Indeed, this (mis)understanding is built right into the licence … The television series … broadcast by the licensee shall have been copyrighted at least ten years prior to the broadcast year in which they are aired by the service,” Canwest wrote. “We understand that this is an awkward forum to argue for regulatory relief, but our position here is consistent with past requests.” Canwest had previously asked the commission to reduce the 10-year or older copyright restriction, but the CRTC denied the request. The commission said the review of the channel programming is in preparation for broadcasting licence renewal hearings expected in April 2011. Fusca said the CRTC’s informal review probably won’t negatively affect the licence renewal process or the channels in the long run. “In some circumstances folks may not even realize they’re in breach of their conditions of licences, and they’ll correct them. … If for example you’re not broadcasting enough Canadian content, you can make it up,” she said. “Typically these are not egregious errors.” Fusca added that broadcasters must stick to their nature of service. Allowing them to stray from their licence descriptions could be problematic for the industry if large players abuse the flexibility to directly compete with smaller players. The results of the CRTC’s inquiry will be discussed as part of the licence renewal proceedings. CTVglobemedia, Canwest and Rogers did not comment Friday. kfournier@thewirereport.ca

Channels’ licence descriptions open to interpretation, broadcasters say

Broadcast | October 1, 2010

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