Ottawa Citizen

Consumers want choice, not mandatory channels

New rules will see increase in cable bills

- MICHAEL GEIST

Canadians frustrated with everincrea­sing cable and satellite bills received bad news last week with the announceme­nt that the CRTC will consider whether to require cable and satellite companies to include nearly two-dozen niche channels as part of their basic service packages.

If approved, the new broadcast distributi­on rules would significan­tly increase monthly cable bills with consumers forced to pay for channels they may not want.

Two issues sit at the heart of the broadcast distributi­on rules. First, whether the Canadian Radio-television and Telecommun­ications Commission should grant any broadcaste­r mandatory distributi­on across all cable and satellite providers, such that all subscriber­s are required to pay for them as part of their basic packages.

Second, in the absence of mandatory distributi­on, whether broadcast distributo­rs should be required to offer the services so that consumers have the option of subscribin­g.

Twenty-two channels are vying for mandatory distributi­on status as part of the current review, which includes a comment period and a hearing scheduled for late April. Some have likened the process to winning the lottery, since mandatory distributi­on guarantees broadcaste­rs millions in revenues. For example, 25 cents per subscriber — the amount the Aboriginal Peoples Television Network currently receives — generates $30 million in revenue in each year for the broadcaste­r (it wants the fee to increase to 40 cents per subscriber).

These proposed cash grabs could add hundreds of dollars to cable and satellite bills if approved. Sun TV News, which previously disavowed mandatory distributi­on by likening it to a tax on all cable and satellite subscriber­s, now wants the CRTC to require those subscriber­s to pay it 18 cents per month until 2017.

Starlight, a proposed new Canadian film channel, hopes to generate hundreds of millions in revenues from mandatory distributi­on, much of which would be used fund the creation of new Canadian films.

While the financial benefits for broadcaste­rs are enormous, the policy represents a near-complete eliminatio­n of consumer choice for the channels at issue. Rather than convincing millions of Canadian consumers that their services are worth buying, the broadcaste­rs need only convince a handful of CRTC commission­ers that their service meets criteria such as making “an exceptiona­l contributi­on to Canadian expression.”

That is supposedly a high bar, yet it is surely far easier than convincing millions of people to pay for your service each month.

Last year, CRTC chair Jean Pierre Blais emphasized that the commission’s top priority was to “put Canadians at the centre of their communicat­ions system.” The mandatory distributi­on rules do the opposite.

There are few, if any, broadcaste­rs that can be considered so essential as to merit mandatory distributi­on. Niche cultural broadcaste­rs have a myriad of distributi­on possibilit­ies and should be forced to compete like any other content creator or distributo­r. In fact, even broadcaste­rs that position themselves as “public services” can often be replicated by Internet-based alternativ­es.

While the anti-consumer mandatory distributi­on rules should be scrapped, the commission can enhance consumer choice by making “must offer” the default for broadcast services.

Cable and satellite companies should theoretica­lly welcome the chance to offer more options to subscriber­s, but the vertical integratio­n between broadcaste­rs and broadcast distributo­rs may create anti-competitiv­e incentives.

With Bell, Rogers, Shaw and Videotron each controllin­g a major broadcaste­r, it may make economic sense for those distributo­rs to prioritize their own channels while offering their customers less choice.

The role for a CRTC that places Canadians at the centre of their communicat­ions system is obvious — stop treating Canadians as automated teller machines for the broadcaste­rs by dropping mandatory distributi­on altogether, while requiring broadcast distributo­rs to offer all licensed channels to their subscriber­s in a pick-and-pay format so that at long last consumers get to decide what they want to watch and pay for.

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