Thank you for the invitation to appear.
My name is Peter Murdoch. I'm vice-president of the Communications, Energy and Paperworkers Union of Canada. CEP is Canada's largest media union. We represent more than 20,000 workers in Canada's media, including private sector broadcasters, specialty TV services, independent film and television, and Canada's newspapers.
With me today are Jim Holmes, who works at the A-Channel at CTV in Barrie; and Monica Auer, our legal counsel. In our written remarks, we refer to the tabs in a second document, copies of which we have given to the clerk.
We welcome your study. The letters and petitions you have been receiving show how Canadians value their local TV stations and local news, especially now, when information about their own communities is so vital.
Both this committee and the Senate's transport and communications committee, and other committees, and the reports that have been done by the ministry have been or done excellent work. All parties have contributed and done excellent work, and we applaud that work.
But the problem is that too few of your recommendations on broadcasting, regulation, and local news have been accepted, including the heritage committee's 2003 recommendation that a local broadcasting initiative program be created “to assist in the provision of radio and television programming at the community, local and regional levels”. That was in 2003, and it was your committee.
The CRTC in particular has ignored your concerns about highly concentrated ownership. It accepted broadcasters' claims that creating media giants would strengthen our broadcasting system and keep weaker stations alive. It ignored the looming “too big to fail” problem and told Canadians their concerns about unmanageable debt and loss of diversity were misguided. The benefits of consolidation would outweigh all of those problems, said the CRTC. Worst of all, the CRTC did not make the promises about local news legally binding. And when broadcasters began to break those promises, it refused to act because the promises weren't legally binding.
So here we are today. Having spent billions buying local TV stations, broadcasters now say these stations are too expensive to keep. Broadcasters plan to slash local news hours with the harmless sounding name of “harmonization” and threaten to close OTA TV stations altogether.
But only broadcasters know the real story. No one can question the figures they have given the CRTC, because the CRTC won't disclose these figures. But the CRTC has been printing individual specialty and pay TV services' results for years. Why hasn't disclosure hurt them? And since the CRTC used to disclose individual stations' financial results for licence renewals, why has it been fighting our access to information requests for more than two years—even for such basic information as the number of people each TV station employs?
All we know is this: no one can challenge what broadcasters have been telling the CRTC, because we don't know what is being said.
It's especially ironic that when interveners challenge broadcasters' arguments, the CRTC asks interveners to prove broadcasters are wrong. With what, exactly? The data the CRTC refuses to disclose?
The simple fact is this: aggregated figures show local TV programs have made more money than they cost for most of the last 20 years. Broadcasters' real problems are excessive debt and reckless foreign spending—all enabled by the CRTC and its irrational, outdated view that deregulation is the best way to regulate oligopolies in the public interest.
We understand that broadcasters' first duty is to their shareholders, and they are caught in the current temporary economic downturn. But the CRTC's duty is to Canadians. It is more than an expert tribunal; it is Parliament's deputy. It should implement the Broadcasting Act in the public interest and according to the rule of law.
Frankly, we were shocked when the chairman of the CRTC told us last Monday that defining original news is hard. Maybe that explains why broadcasters are rerunning their 6 p.m. and 11 p.m. newscasts the same night and the next morning to meet their local programming promises.
The CRTC also seemed surprised to learn that most TV stations now use their studios for storage and that most TV stations no longer produce and transmit their own newscasts. Instead, programming centres miles away control the station's studio cameras, their feeds, and their transmitters. If a hurricane hits Halifax tonight, someone in Edmonton would have to decide whether to let the CanWest station there run an alert. And CTV operates most of its stations out of Toronto.
We have concerns about the LPIF, and not just because it is too small and only broadcasters in the CRTC would know how it is being used. The real problem is that it will not raise spending on local programs. It should really be called the status quo fund, not an improvement fund.
We urge you to instead consider a local TV fund to strengthen local content. The CRTC does not have to raise subscriber fees to do this. It could take the money from the subscriber increases it gave the cable systems for capital projects years ago. This money went into the base rate but never came out.
Second, we urge you to re-examine the Broadcasting Act. Its goals are simply not being met. For instance, Parliament said broadcasters must use predominantly Canadian resources, but the CRTC is letting private TV broadcasters spend less on Canadian programs now than in 1994 and letting them double their foreign programming spending. Last year, for every dollar broadcasters spent on Canadian programming, they spent $1.25 on foreign shows. Buying CSI takes money away from local news.
Parliament also said that Canadians should have employment opportunities in our broadcasting system, but opportunities for jobs are shrinking because the CRTC lets private broadcasters cut or eliminate original local news on radio and TV. Should the CRTC promote employment in this sector or not?
Parliament said that the CRTC should decide who should have the privilege of holding broadcast licences, but rubber-stamping transactions for the last 20 years has led to a situation where broadcasters are dealing stations like poker chips through ads in The Globe and Mail. This is not just insulting to the communities these broadcasters claim to serve, or gut-wrenching for the employees, but is a clear signal that the CRTC has lost control of its own mandate to decide who will offer Canadians the best programming service possible.
It is true that Parliament receives annual reports from the CRTC, but while it has the data, the CRTC isn't exactly telling you how much closer it has come to achieving Parliament's objectives for our broadcasting system. It doesn't even tell you how many hours of original content our broadcast system produces, how much of that is news, excluding ads, or which stations are or are not following the rules. It took an access to information request just for us to see the CRTC's bylaws. Should we know if Parliament's objectives for Canadian broadcasting are being met or not?
Parliament also said that programming in Canada should reflect local communities, but it might surprise you to know that the CRTC has not made local news broadcasts mandatory on either TV or radio. There are no regulations about this. Should the CRTC make broadcasters' program promises mandatory or not?
Parliament said as well that the CRTC should hold public hearings when it renews or amends licences if that serves the public interest, but the CRTC is now expelling the public from its hearings. Incidentally, it doesn't help Canadians understand what is happening when the CRTC allows and encourages applications to be changed from one day to the next.
I will wrap this up soon.
Parliament probably assumed that the CRTC would enforce the act, its regulations, and its decisions. But although regulatory non-compliance has almost become routine, the CRTC still declines to rely on the use of all of its powers under the act to sanction or deter non-compliance. The CEP has now had to go to court for the second time to try to get the CRTC to examine serious breaches of and under the act.
Finally, Parliament probably assumed that the CRTC would serve the public interest, because the current act doesn't actually spell that out. But the CRTC regularly meets broadcasters behind closed doors, even in the middle of licensing proceedings. Its decisions routinely dismiss other stakeholder requests. Its policies merely pay lip service to Canadians' concerns. Now the CRTC wants the powers to fine the same broadcasters it meets behind closed doors.
Mr. Chairman and members of the committee, our broadcasting system faces real challenges. That is why we are urging you to support a local TV fund that is accountable and transparent. This is critical. Whatever fund we develop here, whether it's fee-for-carriage or the LPIF, has to be accountable and transparent.
We do not want to add more recommendations to the excellent recommendations made to Parliament in the past, but we are offering a few doable things this committee can recommend that can get done.
First, we recommend that you give the CRTC clear and detailed directions to initiate financial support for local programming. This fund must be accountable and must enhance or maintain local news programming. You must require the CRTC to monitor and report annually on the fund's use, station by station.
Second, we recommend that you review the CRTC itself to make it more democratic, more accountable, and focused anew on the public interest instead of constantly reworking Parliament's objectives to maximize income for broadcasters.
Third, we recommend that Parliament revisit the Broadcasting Act to ensure that its principles are being addressed in broadcasting and digital media, and with a fully resourced public broadcaster.
Fourth, and like the CRTC, we recommend Parliament move towards a more coherent communications act capable of dealing with our interconnected broadcasting and telecommunications systems.
We believe our recommendations are within your mandate and responsibilities. Parliament, and Canadians, are entitled to accountability and transparency as their access to vital information is being withdrawn. We think it is time to move on. Let's get some of these recommendations done.
Thank you for your time.