Canadian Heritage Committee on May 13th, 2008

[Konrad W. von Finckenstein]

For instance, you mentioned streaming. Not all radio stations in Canada stream right now. Why? That is because there is a big question of what is a copyright tariff that you have to pay. It's outstanding. It's before the copyright board, etc. It may be very substantial and it may be an inhibition to streaming. If, indeed, that turns out to be the case, maybe that's something that has to be addressed. That happens to be not my responsibility. It would have to be the Department of Canadian Heritage changing the copyright laws, but that may be one way we have to address it in order to allow Canadian radio stations to stream. There are all sorts of aspects.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

So you are open to almost anything--I don't mean to interrupt you, but we have limited time--in terms of what's out there.

My question is more in terms of media. What are you able to control, and what can you not control or regulate? I'm thinking, for example, of YouTube. You said you wouldn't be able or you don't think you're going to touch Facebook.

I assume you'll be able to still continue to police the traditional broadcasters, but I look at something like Têtes à claques, which is sponsored by BCE, so they'll be able to get around the rules, I think, if they want to get away from Canadian content.

[Konrad W. von Finckenstein]

It starts, first of all, with the definition. We are in charge of broadcasting, and by broadcasting I'm talking about professionally produced content. I'm not talking about user-generated content, which is YouTube, etc. I couldn't care less; do what you want. It's not broadcasting. It's not part of our mandate. Our mandate is broadcasting.

I look at that Broadcasting Act and see the objectives and the purposes, but everything basically comes down to two things. Number one, there has to be Canadian content. Number two, there has to be access to that content by Canadians, be it as watchers or be it as participants, producers, or players in the broadcasting system. Those are the twin goals that we have to promote and achieve. We'll do it by whatever means, whether they are regulatory, whether they are incentives, or whatever. That's our task.

Clearly the environment is changing. It may be changing much faster, as you suggest. Part of the reason why we undertook this new media initiative is, first of all, to try to scope a little bit what the universe is, and now we are saying, what are the questions we should ask? What are the answers? You are asking me, and I will tell you this next year at this time. I can't--

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

That's the next question I am going to get to--

[The Chair, Conservative, Gary Schellenberger]

You're splitting your time, and we have four and a half minutes almost gone here.

[Massimo Pacetti, Liberal, Saint-Léonard—Saint-Michel, QC]

All right.

[An hon. member]

Let's be nice to Francis.

[The Chair, Conservative, Gary Schellenberger]

Yes, go ahead.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Does that mean I only have 30 seconds left?

[The Chair, Conservative, Gary Schellenberger]

No, I'm going to give you a minute.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Oh, thank you, Chair. Thank you very much.

I have a question that is perhaps a little off the beaten track. In 1999, when the CRTC was renewing the CBC's mandate, it held public hearings across the country. I believe that's correct, and I believe the mandate will be up for renewal in 2009. Is that correct?

[Konrad W. von Finckenstein]

Yes.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

So you will have the benefit of the results of the new media project initiative when you go into the CBC licence renewal process, I imagine. Will you be holding public hearings across the country for the renewal of the CBC licence, or will you simply say you've gained enough information from the hearings on which you are about to embark?

[Konrad W. von Finckenstein]

We will finish the hearings on new media before we deal with the CBC licence. When we will have rendered a decision on that, I can't tell you right now. That depends very much on other things.

Secondly, will have hearings on the CBC renewal definitely. I'm a strong believer in public hearings. That is the only way in which you can gauge public reaction, the needs of producers, the challenges they face etc. Whether that will be in one locale or across the country, I honestly can't tell you at this point in time.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

I suppose my time is up, Chair.

[The Chair, Conservative, Gary Schellenberger]

It is.

Mr. Fast.

[Ed Fast, Conservative, Abbotsford, BC]

Thank you, Mr. Chair.

Perhaps I could start off with a question on regulating the Internet. Mr. Angus referred to neutrality of carriage as being a critical issue that we're grappling with. Has the CRTC taken any position on that?

[Konrad W. von Finckenstein]

No. As I mentioned in answer to a question from your peer from the NDP, we have a case before the CRTC that deals with that.

[Ed Fast, Conservative, Abbotsford, BC]

That's the Bell case.

[Konrad W. von Finckenstein]

How you define that neutrality is a big issue. Different people use the word to mean quite different things. Second, a comprehensive approach to it we have never enunciated, nor has anybody else, other that of.... The Internet providers, as common carriers, should treat their Internet clients without discrimination and should not have any say over the content they are carrying.

[Ed Fast, Conservative, Abbotsford, BC]

The order you'll be issuing tomorrow is only an interim order.

[Konrad W. von Finckenstein]

They asked for interim relief. After the interim relief ruling, the hearing on the substance will be at the end of the summer.

[Ed Fast, Conservative, Abbotsford, BC]

When the final decision is made, do you expect that decision will actually define for Canadians your position on neutrality of carriage?

[Konrad W. von Finckenstein]

I'd be surprised. I think this is a relatively narrowly framed issue. It will give you some indication, but I don't think it will be a definitive statement on that neutrality.

[Ed Fast, Conservative, Abbotsford, BC]

All right, then, here is the last question on that issue: do you expect that the CRTC will be developing policy on neutrality of carriage?