Evidence of meeting #34 for Canadian Heritage in the 40th Parliament, 3rd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was programming.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Peter Bissonnette  President, Shaw Communications Inc.
Charlotte Bell  Vice-President, Regulatory and Government Affairs, Shaw Media, Shaw Communications Inc.
Ken Stein  Senior Vice-President, Corporate and Regulatory Affairs, Shaw Communications Inc.
Michael Ferras  Vice-President, Regulatory Affairs, Shaw Communications Inc.
Beverley Milligan  President, Media Access Canada
Yves Séguin  As an Individual
Paul Temple  Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.
Luc Perreault  Vice-President, Communications and Regulatory Affairs, Pelmorex Media Inc.
Catherine Edwards  Spokesperson, Canadian Association of Community Television Users and Stations (CACTUS)

4:25 p.m.

President, Shaw Communications Inc.

Peter Bissonnette

In the U.S. last quarter, I think about 500,000 customers disconnected from cable but didn't necessarily disconnect their Internet services. That raises a flag for us. Are they essentially transferring all their video needs over the Internet? If they're doing that, what does that do to the contributions that currently flow from those customers as regulated cable customers? The potential is you lose those contributions to the CMF by virtue of them moving to an unregulated platform.

4:25 p.m.

Conservative

Dean Del Mastro Conservative Peterborough, ON

Which is why you're suggesting there should be some regulation for the Hulus and the Google TVs and those sorts of things. We need to figure out how to bring that into the system.

4:25 p.m.

President, Shaw Communications Inc.

Peter Bissonnette

Google has a $150-billion market cap, and our company has a $9-billion market cap. We're paying $151 million a year into these various funds. This is not an issue of means for Google. You just can't get to them.

4:25 p.m.

Conservative

The Chair Conservative Michael Chong

Thank you very much, Mr. Del Mastro.

Thank you to Shaw Communications Inc. for your appearance.

We'll suspend for a couple of minutes to allow our next panel to appear.

4:30 p.m.

Conservative

The Chair Conservative Michael Chong

Welcome to the continuation of the 34th meeting of the Standing Committee on Canadian Heritage.

We have in front of us the Canadian Association of Community Television Users and Stations, represented by Madam Edwards; Media Access Canada, represented by Monsieur Seguin and Madam Milligan; and Pelmorex Media Inc., represented by Mr. Temple and Monsieur Perrault.

We'll begin with an opening statement from Media Access Canada.

4:35 p.m.

Beverley Milligan President, Media Access Canada

Thank you, Mr. Chairman.

My name is Beverley Milligan and I'm the executive director of Media Access Canada or MAC, a not-for-profit advocate for broadcast accessibility. With me is Yves Seguin, the project manager of MAC's descriptive video working group for French television.

MAC is leading the Access 2020 Coalition, which is supported by every major accessibility organization, including the Canadian Hearing Society and the Sir Arthur Pearson Association of War Blinded. Access 2020's goal is 100% accessible TV on all distribution platforms in one decade.

Tools to achieve accessibility have existed for years. Captions write out TV's I/O content while described video narrates important visual elements to answer the “What's happening now?” question that blind Canadians must otherwise ask family and friends.

4:35 p.m.

Yves Séguin As an Individual

Good afternoon everyone.

All television stations must now provide captioning for all of their programs and described video for four continuous hours per week. Unfortunately, captioning is often inadequate or absent, and there is no described video for 97% of the programs. And even when the service is available, the poor quality of the described video for certain programs makes the service practically useless.

4:35 p.m.

President, Media Access Canada

Beverley Milligan

Data about the quality and quantity of accessibility will be available next spring, when we publish the first results from a one-year content analysis of programming made possible by the support of CTV, Industry Canada, and Ryerson University. The studies measuring the quantity and quality of accessible TV on ten TV stations confirm that captions and descriptions have many errors. These problems exist because the CRTC does not require broadcasters to meet standards or targets for complete accessibility and does not systematically measure, monitor, or report on accessibility.

We estimate that the CRTC's current approach to descriptive video TV may become fully accessible only in 2040.

4:35 p.m.

As an Individual

Yves Séguin

Since described video technology has been available since 1985, sight-impaired Canadians are wondering why they will have to wait nearly 55 years before they are able to get full access to television, just like the rest of the Canadian population.

4:35 p.m.

President, Media Access Canada

Beverley Milligan

Vertical integration did not cause but can solve these problems, partly because production and distribution companies are merging and partly because these mergers create benefits for Canadian broadcasting.

As you may know, the CRTC requires benefits from ownership changes. Tables 3 and 4 show that since 2000 these benefits have generated $878 million in new programs and R and D, of which less than 1% went to accessibility initiatives. This is because today's Broadcasting Act makes accessibility sound optional. It says that broadcasting should be accessible, but only as resources are available for that purpose.

For Access 2020 Coalition and the courts, though, accessibility is a legal right. We therefore have five recommendations. Our first involves standards. Convergence allows content to be shared across distribution platforms, but accessibility requires harmonized technical standards across platforms. The CRTC asked broadcasters for new standards on captioning and described program listings, but has not asked for described video production or presentation standards. It has declined invitations to the only group that is focused on those standards--launched, incidentally, by volunteers from the accessibility community. The CRTC's approach has created silos where Canada needs convergence and has shifted the cost of developing described video standards to the disability community. This is like asking people in wheelchairs to pay for designing wheelchair accessible buildings.

Access 2020 therefore recommends that your study tell the CRTC to empower our coalition to develop the harmonized, bilingual, and digital standards that we need in consultation with producers, broadcast engineers, researchers, and distributors.

Second, broadcasters need targets to give direction and to reduce their costs. As table 5 shows, when the CRTC finally required 100% captioning in 2007, its costs fell. The CRTC will be renewing most TV licences next year. Access 2020 asks your study to tell the CRTC to set 100% accessibility as a clear target in next year's renewals by requiring all TV content to be captured and described with low error rates within ten years.

Third, we need to measure progress. The CRTC now relies on complaints to identify accessibility problems, but this shifts responsibility for enforcement to blind and deaf Canadians, where our real goal should be measurable progress to 100% access. Access 2020 asks that your study tell the CRTC that the quantity and the quality of accessible broadcast content must be monitored systemically every year.

Fourth, we need enforcement. When broadcasters don't meet accessibility requirements, the CRTC sympathizes with the broadcasters and does little else. Access 2020 therefore recommends that you tell the CRTC to enforce accessibility requirements with regulations, not easily changed conditions of licence.

Our last recommendation explains how to fund these goals. Access 2020 asks that your study recommend to the CRTC that it direct 1% of the value of TV ownership transactions for the next five years to system-wide initiatives led by the 2020 coalition in consultation with broadcasters: 1% of a transaction's value to achieve 100% accessibility by 2020.

To conclude, with your guidance, vertical integration can benefit Canadians by making TV fully accessible, and the CRTC can work with, not against, the organizations that represent millions of Canadians with disabilities.

Our coalition thanks you for your important study and your questions.

4:40 p.m.

Conservative

The Chair Conservative Michael Chong

We'll now have an opening statement from Pelmorex Media Inc.

December 2nd, 2010 / 4:40 p.m.

Paul Temple Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.

Good afternoon. I am Paul Temple, and with me is my colleague Luc Perreault.

You may not be familiar with the Pelmorex name, but we own and operate the Weather Network and MétéoMédia, which are authorized by the CRTC to provide weather and environmental news, and information programming to Canadians. These are national specialty services, available in both English and French languages respectively.

Pelmorex's programming is not simply confined to weather observations and forecasts but includes weather-related and environmental programming on topics of concern to all Canadians, such as climate change, public safety, and related issues, as well as reflecting the views and opinions of our viewers across Canada.

Pelmorex occupies a unique position within the Canadian broadcasting system as a truly independent programming service. We are not affiliated through ownership with any Canadian distributor, broadcaster, program production company, or newspaper magazine publisher. As such, we are here to offer an independent perspective on the issues that are before the committee.

4:40 p.m.

Luc Perreault Vice-President, Communications and Regulatory Affairs, Pelmorex Media Inc.

MeteoMedia and The Weather Network are among the most widely distributed specialty channels, with 98% of all cable and satellite households receiving one or more of our services. This broad access, essential to our success, is in part thanks to early CRTC regulations requiring our distribution on basic cable. But we must also earn our success. Each week over 9 million Canadians watch our television programming. On average, at any given minute of the day, 30,000 Canadians are watching one of our two services.

Using technology we developed and patented, Pelmorex is able to literally program and deliver over a thousand local weather channels at once. This allows us to provide the same level of local service in Alma, Orangeville, Lakefield, and Nellie Lake, Ontario; Milford Station, Nova Scotia; Saint-Bonaventure and Saint-Hyacinthe, in Quebec; and Canmore and Sundre, in Alberta.

It is also helpful to understand that there is much more to the Weather Network and MétéoMédia than our television operations. We have one of the most accessed Canadian websites. Our popular smartphone applications are found on literally millions of BlackBerry and iPhones across the country, and also on Android and Microsoft Windows-based mobile phones.

Our point is that you do not have to be a large, vertically integrated conglomerate to be a successful Canadian media company. In our view, Pelmorex's success has been achieved because we are focused on what we do best; that is, to produce and make available weather-related information and programming to Canadians over any and all distribution channels available.

We produce more weather forecasts for Canadian communities than Environment Canada. We are proud that all of our products and services are available in both English and French right across the country, not just TV, but on websites and mobile applications as well. But all of this is in danger if vertical integration in the media sector is allowed to proceed without appropriate regulatory safeguards.

Paul.

4:45 p.m.

Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.

Paul Temple

Here's why. The same few cable and satellite distributors also control access to the Internet and mobile devices. They control all of the distribution channels; you cannot reach consumers without going through them. These same few distributors have increasingly expanded their content and programming holdings. That is, they have vertically integrated. The main advantage of vertical integration is to favour your own products and services. By favouring themselves, they inadvertently or purposely disadvantage unaffiliated programming services. Their gain is always our loss; our loss is always their gain.

They can do this, for example, by establishing artificially high prices or onerous financial terms of access for the services they provide. For them it's simply moving money from one pocket to the other. But for independent services, it represents real costs. Examples might include charging high rates to insert bill stuffers or access ad inserts on U.S. specialty services.

Packaging and pricing at the retail level is another concern. Under the relaxed CRTC rules, distributors can put their own services on basic service or heavily promote packages composed entirely of their own services along with popular American channels. In new media and wireless, the same is possible. We may find their applications pre-loaded on their mobile devices while we struggle to gain the attention of consumers amidst the hundreds of thousands of available mobile applications.

It's far too late to stop vertical integration. The attached handout shows the startling extent to which the industry is about to become vertically integrated. The CRTC's reliance on after-the-fact dispute resolution is not a practical solution. How is a small programmer going to constantly complain against the people they need to package, price, and sell their services? Who bites the hand that feeds them?

It is possible to establish regulatory safeguards to try to offset these advantages and level the playing field ever so slightly. Requiring vertically integrated companies to make public certain non-confidential information, to bring what is now in the dark into the open, would help. Providing preferential packaging and channel positioning to independent broadcasters would help. Stronger enforcement of the CRTC's genre protection rules would also be effective. But there has to be a will to undertake these and other measures.

We hope that bringing these concerns to your attention will sensitize lawmakers to the risk that vertical integration poses to the diversity of voices and ownership in broadcasting.

We're happy to answer any questions you may have.

Thank you.

4:45 p.m.

Conservative

The Chair Conservative Michael Chong

Thank you.

We'll now have an opening statement from the Canadian Association of Community Television Users and Stations.

4:45 p.m.

Catherine Edwards Spokesperson, Canadian Association of Community Television Users and Stations (CACTUS)

Just before I start, I want to let you know that I've been told that the appendices to this presentation will be available from translation by next week.

My name is Cathy Edwards. I'm the spokesperson for the Canadian Association of Community Television Users and Stations. CACTUS represents the views of Canadians and independent community television channels and producing groups who believe that participation in the broadcasting system by ordinary Canadians is fundamental to Canadian democracy.

Since we last addressed you regarding digital and new media, we wish to tell you the outcome of the community television policy review undertaken by the CRTC, and about an initiative that CACTUS has spearheaded with regard to the upcoming transition to digital over-the-air television. These topics address points 2, 4, and 5 of this important study.

Canada's Broadcasting Act stipulates that the system comprises three elements: public, private, and community.

While Canada once boasted a robust community television sector, with more than 300 hyper-local cable stations, which were a model for the world, approximately 80% have been shut. The public has been largely excluded from the few remaining big-city and regional so-called community channels by cable companies.

The problems began in 1997, when the channels were partly deregulated. As was widely publicized last fall during the "Local TV Matters” and “Stop the Cable Tax" campaign, cable companies have turned community channels into professional, subscriber-subsidized competition for over-the-air broadcasters.

First, we want you to know that community channels, one type of small broadcaster, have suffered the more consolidated BDUs have become. It's a keen loss to the system, because this volunteer-assisted form of production generates six to eight times as much local programming dollar for dollar as the public and private sectors.

Second, it is inappropriate that BDUs administer channels that are meant to provide a democratic voice for Canadians to participate in their own broadcasting system. All 28 of the other countries around the world that recognize community media as the third tier define it by non-profit community ownership. Canada respects this criterion for the community radio sector; but nowhere in the world, except here, do large, market-dominant BDUs control community TV. It's a misapplication of the Broadcasting Act, in which the public, private, and community elements are distinguished by ownership.

It is an especial threat to the diversity of voices and democracy the more concentrated media ownership becomes. One of the two sectors that should provide a democratic safety valve against hyper-concentration in the private sector cannot fulfill this role because it is owned by that same sector. How is that possible?

Parliament recognized in the 1991 Broadcasting Act that the community sector had demonstrated both its value and viability under cable stewardship, and it should have been transferred at that time to community control. We are asking that you, as parliamentarians, redress this appropriation at your first opportunity.

Third, since the 1990s, cable market share has dropped from around 80% to about 60% in the face of satellite competition. Whereas it was once possible for a cable channel to function as a televisual town hall for communities, this is no longer the case. In our proposal at the community TV policy review and before this committee in the summer, we described a new model of community media that is multi-platform. We proposed that over-the-air licences be held by non-profit community groups, which would trigger their carriage on cable, and they would also be distributed to new media platforms as they emerged, reaching all Canadians.

So community broadcasters cannot play the important role they are uniquely positioned to play in ensuring democratic access to the system, in generating significant quantities of local content on multiple platforms, and in developing the digital media literacy skills Canadians need to compete. Digital media literacy has been identified by several of Canada's trading partners as key to their digital strategies.

Canadian community TV channels historically demystified the leading-edge media production tools of the day for Canadians of all ages and social strata. This model must be updated to include digital and new media.

We should clarify that the CRTC did introduce an over-the-air community TV licence class in 2002 independent from cable, but the licences are limited to low power, have no guaranteed access to spectrum, and have no viable source of funding. While private and public broadcasters can access both public funding—that is, direct tax support for the CBC, for example, and tax credits for private industry—and industry funding, such as the local programming improvement fund, value-for-signal payments, the Canada Media Fund, and so on, non-profit community broadcasters have been excluded from every one of those funds, despite recommendations by this committee that they should be included: for example, in the Lincoln report. As a result, only seven such channels have ever been licensed in the whole country.

Therefore, we proposed to the CRTC at the spring policy review the creation of a community access media fund to enable more community broadcasters to launch using a multi-platform new-media model, and using funds that BDUs already collect from subscribers for local expression. But this proposal has so far been ignored.

So our first request to you today is to work with us and Canadian Heritage to set up a community access media fund and help us resource it. We have calculated that to bring a multi-platform community-access production hub within reach of 90% of Canadians--that would be 250 in all--it would cost about $113 million, a bit less than BDUs currently collect from subscribers for·this purpose, for local expression.

We are discouraged that although the CRTC did made a few cosmetic modifications to the community TV policy that it announced on August 28, it has taken no action to address BDU closures of community channels, BDU control of community channels, nor the lack of funding for community channels outside of BDU control.

Given that the community sector can engender the greatest diversity of voices for the least money, we believe that the CRTC is failing to leverage its most obvious tool.

Finally, the new community TV policy is being phased in over four years, which means that it will be at least another four after that before we can expect another CRTC review. It's simply too long in the dynamic media environment that is the focus of your study. Canadians have waited 13 years already. This is why we need your help.

The second topic we wanted to let you know about is that CACTUS, with the support of approximately 20 other industry, civil, and academic organizations, wrote an open letter to the Prime Minister in September--it was copied to each of you--asking for a coordinated national government education campaign in advance of the transition to digital over-the-air TV, planned for August 31 next year.

Because of unprecedented levels of media ownership consolidation, we do not believe it is appropriate to let industry lead, since industry has a clear commercial incentive to move Canadians onto monetized cable and satellite platforms, with no public debate about more cost-effective alternatives that would enable more local content.

We are concerned that the current vacuum of information will harm diversity of voices and small broadcasters for two reasons. First, while the "digital dividend" in other countries is going to result in more over-the-air TV channels and space for small broadcasters, here in Canada the transition is poised to do the reverse. Each existing Canadian broadcaster has been allotted by Industry Canada a full 6 megahertz digital channel—that's the same amount of spectrum that they each used to have for analog TV—in order to broadcast in high definition, even though one HD channel doesn't require this full 6 megahertz.

In effect, broadcasters are being allowed to sit on unused spectrum, instead of sharing spectrum with new entrants. In addition, you're probably aware of channels 52 through 69, once available for TV, being slated for a spectrum auction for other uses.

Secondly, since broadcasters have to upgrade transmitters to digital in only 32 of Canada's larger population centres, analog transmitters may be decommissioned outside those centres en masse, leaving many rural Canadians without the option of free over-the-air TV.

What's not widely known that I'd like to tell you about is that more than 100 remote communities that have never had a CBC, Global, CTV, or other retransmission station, or “repeater”, as they're called, already offer their residents an over-the-air rebroadcasting service for as little as $40 per household per year. Some even include a community channel for that price, about one-tenth the cost of a satellite bill. Their model could be extended to communities that may lose free over-the-air TV if a comprehensive information package can be disseminated to them in time. Otherwise, we are concerned that rural communities—some of which rely heavily on free OTA TV—will be unable to afford a satellite alternative. Also, more than 1,000 local transmitters that could enable communities to create their own content—not only TV, but also wireless, Internet, phone, and video services—are going to be decommissioned.

Therefore, our second ask today is for your support in advocating a comprehensive government education campaign in advance of the transition, so that these concerns can be publicly debated and alternatives can be put in place before communities lose service, and before scarce spectrum is auctioned off to the highest bidder and lost to the public and community sectors.

The community sector, like the public sector, needs at least one channel in each community.

Thanks for inviting us, and we welcome your questions.

4:55 p.m.

Conservative

The Chair Conservative Michael Chong

Thank you for those opening statements.

We'll have half an hour of questions and comments from members, beginning with Madam Crombie.

4:55 p.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Thank you, Mr. Chairman. I'll probably share some of my time with Mr. Simms.

Greetings to all our witnesses.

Let's start with Pelmorex. I've heard a lot about your all-channel alert for emergency readiness. You heard my question to the previous group over at Shaw. Could you describe for us a little bit how this emergency alert system would work, then tell us what your reaction is to their reaction to my question?

4:55 p.m.

Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.

Paul Temple

We proposed to the CRTC that we would provide what we call a backbone network to allow any government agency in Canada to distribute public safety messages, and that in return the commission would continue to require us to be distributed on basic. The commission issued that order a year ago in June and gave us a year to implement it, which we did. So today we have facilities in place that allow any government to issue a warning. We'll distribute this free to any broadcaster in Canada. We undertook to put emergency warnings on our own channel. So that's in place now.

The CRTC, however, said that participation by other broadcasters is voluntary. I'm trying to recall exactly what the Shaw folks said.

5 p.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

They said it could be provided in other ways, such as via CBC.

5 p.m.

Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.

Paul Temple

Well, the CBC doesn't have any money. This network is already in place. Provinces are signing up: Ontario, Nova Scotia. We have an advisory board with all the provinces and territories and the federal government participating. The system's there. It works. The equipment is all ready. It's a matter of broadcasters buying the equipment and putting it in, so they can distribute public safety messages.

5 p.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

What are the barriers that small independents like you face in the light of all this increased vertical integration in the industry?

5 p.m.

Senior Vice-President, Regulatory and Strategic Affairs, Pelmorex Media Inc.

Paul Temple

We need extra steps to make sure we're not disadvantaged. To rely only on complaints is not satisfactory. The commission has eliminated, over the past few years, most of the regulatory safeguards. So now distributors can basically do whatever they please. If they want to move your channel, or if they want to repackage you, they're free to do it. Our only recourse is to complain.

5 p.m.

Liberal

Bonnie Crombie Liberal Mississauga—Streetsville, ON

Ms. Edwards, I have a great interest in your community access media fund. How could that fund be created? You suggested that you required $113 million. How would it be funded?

5 p.m.

Spokesperson, Canadian Association of Community Television Users and Stations (CACTUS)

Catherine Edwards

All the BDUs are expected to make a 5% contribution to Canadian content every year. Historically, with satellite companies, the whole 5% went to the Canadian media fund or other funds for professional production. Cable companies have the option to retain 2% of that 5% to fund a community channel, with the other 3% going to the other funds.

Last year that 2% amounted to around $120 million. So they're spending money that's earmarked for Canadian citizens to get on and have a voice, but they're spending it on fewer and fewer big-city professionalized channels, and most of their studios in smaller communities have been shut down.

We were trying to create a model. There's money in the system for it already. We're not asking for something new. But this was turned down. The CRTC didn't ask BDUs to redirect any of that money to this new fund, so we're looking for other ways to resource it. There have been station closures. There's still a need for Canadians to learn digital literacy. And there's a big gap in local programming. For all of these reasons, we need to find some other way to fund it.