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CRTC Places Consumers and Access at the Top of its Priority List

The Canadian communications world is focused this week on the proposed merger between Bell and Astral Media as the Canadian Radio-television and Telecommunications Commission holds its much-anticipated hearing on the issue in Montreal. While the merger takes centre stage, the Commission may have upstaged the process last Thursday by releasing a detailed priorities document that covers the next three years.

My weekly technology law column (Toronto Star version, homepage version) notes that with Jean-Pierre Blais installed as the new CRTC chair and the Conservatives emboldened by majority government, the Commission’s priorities send a message of change in Canadian communications policy. The days of emphasizing Canadian content rules or legislative overhauls are over, replaced by a consumer-oriented focus on affordable access to both content and connectivity services.

The CRTC priorities document identifies a single overarching objective: “ensuring that Canadians have access to a world-class communication system.” Given the myriad of policy objectives contained in both the Telecommunications Act and the Broadcasting Act, the singular focus on consumer access is a subtle but important change from the approach of the previous chair, Konrad von Finckenstein.

September 10, 2012 — 4 comments — Columns

The [Fill in the Blank] Defence of Bell – Astral

After listening into the start of the CRTC hearing on the proposed Bell – Astral Media merger, it all seems strangely familiar… We thank the [CRTC/government] for its support of our industry. We think the industry has a bright future, providing more consumer choice and creating more great Canadian content. […]

September 10, 2012 — 7 comments — News

ACCC Legal Counsel: Access Copyright Licence Provides “Little Value”

It has been nearly two months since the Supreme Court of Canada issued its landmark five copyright decisions. In the aftermath of those decisions that provided a strong defense of users’ rights and fair dealing, I have written multiple posts on the implications for education and Access Copyright. These include […]

September 6, 2012 — 5 comments — News

Reports Indicate Japan Ratifies ACTA

Reports indicate that Japan has ratified the Anti-Counterfeiting Trade Agreement. Japan had positioned itself as a leading proponent of the treaty, hosting the final round of negotiations and the official signing a year later.

September 6, 2012 — 3 comments — News

Putting Some Substance into Canada’s Digital Economy Penske File

Industry Minister Christian Paradis paid a visit to the Economic Club of Canada in Toronto last week to deliver a speech focused on the digital economy. As has been the case for months, the speech was short on specifics but filled with platitudes about a forthcoming digital economy strategy that “challenges our innovators” and “drives new technology.”

Yet despite promises of a strategy by the end of the year, the issue remains the government’s “Penske File”, a source of regular speeches and much “work” but few tangible results (for non-Seinfeld watchers, the Penske file is a reference to a non-existent work project). In fact, with Paradis telling attendees that the government’s role ” is to give our best and brightest the opportunities they need to succeed and then get out of the way” the strategy may be about as ambitious as the character George Costanza was on the Seinfeld show.

My weekly technology law column (Toronto Star version, homepage version) notes that Canadians have waited years for a digital economy strategy. Paradis should dispense with the well-worn cliches and opt for an ambitious plan that generates genuine excitement and broad public support.

September 4, 2012 — 6 comments — Columns