BDUs oppose OUTtv carriage application, while community supports it

Some major broadcast distribution undertakings (BDUs) are against an application by OUTtv Inc. that would change the LGBTQ+ television channel’s carriage options on their services. Currently, OUTtv has “must-offer” status, which means cable companies and satellite providers have to make it available to viewers, who then have the option to purchase it or include it in a bundle. The channel now wants “must-carry” status, which would require all subscribers to have access to it automatically as part of their basic TV package. OUTtv’s resources are declining because of distributor inaction, the company has previously stated. In 2019, it generated $4.2 million in subscription revenues, while 2023 numbers show only $3.3 million was brought in. The channel had over 1 million subscribers in 2019; last year it was down to 400,000. “Without default distribution as a basic service, experience has shown that BDUs will refuse to package OUTtv appropriately with a fair and reasonable wholesale fee,” the channel’s application to the CRTC states. BCE Inc., Telus Corp., Quebecor Inc., Bragg Communications Inc.’s Eastlink subsidiary, Cogeco Communications Inc., and the Canadian Communication Systems Alliance (CCSA) all submitted interventions to the CRTC opposing the change in status. Most of the filings were abridged, with details filed in confidence to the regulator and to OUTtv itself while redacted for the public. “While we cannot speak to OUTtv’s treatment by other BDUs, we can unequivocally state that we have and continue to treat OUTtv fairly,” Bell wrote on Nov. 18. “Additionally, we have been sensitive and responsive to the commission’s expectation that we improve the distribution of OUTtv on Bell TV.” Telus listed programming on the network to which it had contributed and considers itself an ally of the channel. It alleges that OUTtv has pushed for "unreasonable wholesale payment increases" in negotiations between the two. Quebecor found the demand for mandatory carriage to be excessive. Eastlink noted that BDUs have lost 21 per cent of their market due to cord-cutting by viewers, saying it is not surprised OUTtv has seen decreases in its subscribership and revenue since 2019. It also labeled the application premature, as OUTtv’s licence does not expire until 2026. Writing in French, Cogeco asserted that negotiations for carriage should be carried out between the network and the BDUs, negating the necessity of CRTC involvement. Cogeco was the only BDU not to redact its intervention. The CCSA called on the commission to reject the channel’s application. “It does so not as an objection against OUTtv or its content,” the group wrote. “The CCSA would similarly object at this time to any other current discretionary service seeking status based on the mathematics of distribution and burden upon small BDUs and audiences.” Other stakeholders endorsed OUTtv’s request. Dozens of interventions were filed by producers, actors, and craft personnel who lauded the network for its advancement of LGBTQ+ visibility. Most were brief, only one or two paragraphs. Some had only one or two sentences. Director Panta Mosleh noted that they work in Vancouver, “a city where original series are rarely produced, especially those that authentically represent queer communities like mine.” Producer Luke Hutchinson raised the question of economic benefits provided by the channel. “OUTtv provides a strong platform for LGBTQ+ Canadians across the country to not only see themselves on television for the first time, but create jobs for LGBTQ+ community members who would otherwise not have them,” Hutchinson wrote. Pink Triangle Press is a five-decade-old LGBTQ+ media outlet. It submitted an intervention backing OUTtv’s application. “OUTtv must be afforded fair and equitable distribution and compensation to foster the sustainability of this vital programming service,” the company stated. “In turn, in its application, OUTtv has made meaningful commitments to increasing the broadcasting of Canadian programming, including during prime-time hours.” Kulbinder Saran Caldwell, CEO of Reallife Pictures Inc., said approval of the request would ensure the viability of the network and an increase in the content it produces. The Aboriginal Peoples Television Network (APTN) saluted the LGBTQ+ channel for its assistance on APTN’s programming on the National Day of Truth and Reconciliation. “OUTtv’s willingness to rearrange their schedule, forgo commercial revenue and work through not insignificant technical challenges to collaborate with us, ensure that this significant event reached a broader audience, and highlighted OUTtv’s dedication to fostering understanding and reconciliation,” the Indigenous network wrote. The Forum for Research and Policy in Communications (FRPC) intervened with a lengthy paper mostly dealing with the CRTC process. It advocated granting the OUTtv application entirely, publication by the commission of statistical and financial information for the broadcast media sector as a whole, and a CRTC-hosted annual conference on improving the quality of broadcast data published by the regulator. Vancouverite Angus Praught, who appears on the OUTtv show OutLook TV, brought up the troubled political landscape facing the LGBTQ+ community. “It is important for our community to see and hear our stories published, and also important for our community’s sense of place in history,” Praught asserted. “The current international political climate is having a negative impact on the LGBTQ+ community, and our stories should be visible and available to Canadians now and for future generations.” ppark@thewirereport.ca

BDUs oppose OUTtv carriage application, while community supports it

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By Paul Park
| November 20, 2024

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BDUs oppose OUTtv carriage application, while community supports it

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