OUTtv licence renewed, becomes must-offer in English Canada

Thursday the CRTC renewed the licence of OUTtv Network Inc. for five years and said it should be on must-offer status in English Canada for four years. That wasn’t good enough for one commissioner. The LGBTQ+-themed network had asked for must-offer coverage across both official-language markets. It argued that it had been marginalized by broadcasting distribution undertakings (BDUs) and needed the full carriage to turn a profit. The commission gave OUTtv half a loaf when it declared the English-language market must carry the channel. The must-offer status will run from Mar. 1 of next year to Aug. 31, 2026. A dissenting opinion was filed by commissioner Claire Anderson. She stated upfront that she agreed with the ruling to give OUTtv must-offer status. “However, where my colleagues set an expectation that broadcasting distribution undertakings include the OUTtv service in pre-assembled or thematic packages consistent with its theme, programming and language (packages) and with the highest penetration rates, I would have made it mandatory that BDUs include the OUTtv service in packages with the highest penetration rates,” she wrote. “Respectfully, in light of OUTtv’s best estimated penetration rates and financial trajectory, I believe that the majority decision does not provide adequate regulatory protection to this integral service,” Anderson said. Obtaining wide-spread carriage has always been an issue for the LGBTQ+ channel. In 2015, it filed a complaint with the CRTC, alleging that BCE Inc. was guilty of undue preference by removing it from Bell’s tier. For the current licence renewal process, BCE argued that BDUs offer discretionary services in small custom packages or pre-assembled packages. Some BDUs would not be able to control OUTtv’s penetration level if the proposed terms were approved. Rogers Communications Inc. said in its intervention that OUTtv’s proposed conditions of licence do not justify must-offer status. It said the channel should have compared the proposed conditions with those imposed on services that receive mandatory distribution on digital basic service. OUTtv responded that it was contradictory for the two telecoms to recognize the importance of the network while marginalizing it on their platforms. The CRTC noted that for the past five years, the network has exceeded its Canadian programming expenditures (CPE) thresholds. It has done this despite not turning a profit, the regulator said. It set the annual CPE requirement at 25 per cent. The commission also sought to increase participation by aboriginal groups and official language minority communities (OLMC). OUTtv will receive a 50 per cent credit towards CPE thresholds, up to a 10 per cent level, for programming produced by Indigenous creators. A further 25 per cent credit will accrue to CPE requirements for OLMC programming. This is also subject to the 10 per cent overall CPE requirement. When control of OUTtv changed hands in 2016, the CRTC laid out a tangible benefits program for the channel. It was to pay $120,354 over seven years to the Canada Media Fund, Ryerson University, the Centre for Digital Media and Concordia University. Ryerson–now known as Toronto Metropolitan University–has not issued its Masters of Media Production awards since 2016. The commission said OUTtv could make an equivalent contribution to another eligible project. In its previous renewal, the network was not compliant with a requirement to close caption all of its programming. It explained this was because many of its content providers are small players in the industry and did not have the resources to caption the shows. The CRTC acknowledged that OUTtv is now fully compliant with the directive. The licence will run from Sept. 1, 2022 until Aug. 31, 2027. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Michael Lee-Murphy at mleemurphy@thewirereport.ca

OUTtv licence renewed, becomes must-offer in English Canada

Broadcast | August 18, 2022

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OUTtv licence renewed, becomes must-offer in English Canada

Broadcast | August 18, 2022

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