Columns

Diversity of Voices

My weekly Law Bytes column (Toronto Star version, homepage version) focuses on the CRTC's upcoming diversity of voices proceeding. The column notes that the initiative should be seen as part of the larger new media challenge, which CRTC Chair Konrad von Finckenstein has described as "the defining challenge of our time in broadcasting. There is no more important matter facing the Commission, nor does any other matter have such long-term consequences."

The CRTC has launched the New Media Project initiative will analyze whether new media should be regulated and assess its impact on the creation and distribution of Canadian content. The initiative will also consider critical access issues including network neutrality (described by von Finckenstein as "Internet traffic prioritization") and whether access to high-speed broadband networks should be elevated to a core policy objective. A final project report is not expected until March 2009, however, the CRTC has a second initiative that will cover some of the same terrain much sooner – the Diversity of Voices proceeding.

The Diversity of Voices proceeding comes in response to the growing consolidation of Canadian media and seeks commentary on whether the changing corporate landscape has had a negative impact on the diversity of perspectives within the Canadian broadcasting system. The CRTC’s interest in the issue arises directly from the Broadcasting Act, which includes a statutory objective that Canadian broadcasting "provide a reasonable opportunity for the public to be exposed to the expression of differing views on matters of public concern."

The need for an open consultation on media diversity is long overdue.

July 16, 2007 — 1 comment — Columns

Giving the Internet a Sporting Chance

The Victoria Park Racing and Recreation Grounds was a popular racecourse in Sydney, Australia in the 1930s. Built in an open fairground, the owners erected a fence around the track to ensure that only ticket buyers could watch the action or place bets on the races. In response, a neighbour built a tower that was used by an Australian broadcaster to peer over the fence and broadcast descriptions of the races on its radio stations. Victoria Park Racing sued both the neighbour and the broadcaster on nuisance and property rights grounds. The Australian High Court dismissed the suit in 1937, but the case marked the arrival of an ongoing fight over the rights of sports leagues and teams to control coverage of their events that continues to this day.

Seventy years later, the battle has shifted to the Internet. My weekly Law Bytes column (Toronto Star version, homepage version) focuses on how in recent months, a growing number of leagues and sports associations have sought to assert control over athlete blogging, posting photographs and video online, and even the use of player statistics.

July 9, 2007 — Comments are Disabled — Columns

Canadian Cultural Policy Must Adapt to an Internet World

My weekly Law Bytes column (Ottawa Citizen version, homepage version) focuses on the need to adapt Canadian cultural policy to an Internet world. Given our easy access to Hollywood movies and U.S. television programming, it is unsurprising that Canadians have long placed great emphasis on cultural policies. To avoid marginalizing homegrown talent, Canada has set Canadian content as a key objective in the Broadcasting Act, established foreign ownership restrictions within the cultural industries, and safeguarded cultural policies in its international trade agreements.

As a result, Canadian television and radio broadcasters must be Canadian-owned and comply with Canadian content requirements, while funding programs at the federal and provincial level help the Canadian cultural sector compete on the global stage. These policies have enjoyed a measure of success – Canadian musicians and children's television programming are particularly noteworthy in this regard – however the emergence of the Internet and new media is rendering many current policies increasingly irrelevant.

I argue that two pillars of Canadian cultural policy need to be reconsidered.

July 3, 2007 — 1 comment — Columns

Do-Not-Call Registry Put On Hold Too Long

My weekly Law Bytes column (Ottawa Citizen version, The Tyee version, homepage version) highlights the delays associated with creating a Canadian do-not-call registry. Despite overwhelming public support for the ability to opt-out of unwanted telemarketing calls, the registry is still months or possibly years from becoming a reality, a victim […]

June 26, 2007 — 8 comments — Columns

Spectrum Auction Puts Wireless Competition on the Line

My weekly column (Ottawa Citizen version, homepage version) looks at the current debate over the spectrum auction set for 2008. The first round of the consultation comments closed last month, generating nearly 50 industry submissions, yet surprisingly only four Canadians provided their views (follow up responses can be made until June 27th). By comparison, in the United States more than 250,000 people have written to the Federal Communications Commission to urge it to set conditions on a forthcoming spectrum auction that would make Internet access more open, affordable, and accessible.

Despite the lack of Canadian public awareness, the issue has an enormous impact on telecommunications since it plays a pivotal role in determining wireless competition. The three incumbent wireless providers (Bell, Telus, and Rogers) along with some business groups stand on one side, calling for an "open auction" that would involve minimal pre-conditions and see the available spectrum auctioned off to the highest bidders. These groups argue that the Canadian wireless market is already competitive and that the government should avoid setting aside spectrum for new providers.

Major cable companies (Shaw, Quebecor, Cogeco) and smaller telecom companies (MTS Allstream, Toronto Hydro Telecom) provide the alternate perspective. They are seeking a "set-aside" that would reserve spectrum for new entrants. These companies point to data that places Canada well below other developed countries on metrics such as the number of wireless subscribers, pricing, and the introduction of innovative services. They also note that Canadian spectrum auctions are not truly open, since foreign ownership restrictions exclude many potential bidders.

While the incumbents have been quick to characterize a spectrum set-aside as akin to a government subsidy, they fail to acknowledge that they were handed reserved spectrum to get off the ground.

June 19, 2007 — 4 comments — Columns