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CRTC Should Force Broadcasters To “Compete Just Like Any Other Sector”

Last month, Jean-Pierre Blais, the chair of the Canadian Radio-television and Telecommunications Commission, delivered a much-discussed speech at the Canadian Media Production Association’s annual conference. The CMPA is Canada’s leading organization for the production of Canadian film and television programming and Blais’ message was intended to both congratulate and challenge the industry.

On the congratulatory side, Blais noted the Canadian film and television production had a record year in 2012, growing by over $500 million over the prior year, by far the highest total and fastest growth in over a decade. Canadian television production led the way, increasing 21.3 per cent in 2011/12, for a ten-year high of just under $2.6 billion. Most of the increase was due to English-language programming, with fiction production growing by over 41 per cent.

Blais’ challenge came in several forms, but my weekly technology law column (Toronto Star version, homepage version) notes the comment that attracted the most attention was his remark that “under my watch, you will not see a protectionist. I’m a promotionist.” Most observers took the comment to mean that the CRTC will not focus on mechanisms such as Canadian content requirements and foreign restrictions as a means to advance Canadian culture.  Rather, with billions being spent on the creation of Canadian programming, it is better to concentrate on marketing and promotion of those works.

Yet there was a second comment that garnered less attention, but that may ultimately prove more important. After encouraging the industry to become more innovative and entrepreneurial, Blais warned “you will need to compete, just like any other sector.”

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April 23, 2013 3 comments Columns

Rogers: We Don’t Expect an Industry Canada Decision on Shaw Spectrum Until September 2014

Rogers Communications held its quarterly results call yesterday, leading to a question on its expectation with regard to an Industry Canada decision on its proposed acquisition of spectrum from Shaw. Industry Minister Christian Paradis has signalled his concern with the proposal. Perhaps hoping for a delay in the decision, Rogers […]

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April 23, 2013 Comments are Disabled News

The Challenge of Enforcing the Do-Not-Call List Against Foreign Telemarketers

Last October, the CRTC announced that it was taking action against two India-based companies for violating Canada’s do-not-call list. The action against Pecon Software Limited was particularly noteworthy, as the Commission ordered a stop to the violations and payment of $495,000. Andrea Rosen, the CRTC’s Chief Compliance and Enforcement Officer was quoted as saying that “foreign-based telemarketers have been put on notice that they must comply with our rules when calling Canadians.”

The tough talk was welcome, but months later, the CRTC has struggled to get Pecon Software to pay up. Liberal MP Lawrence MacAulay asked the government to provide an update on the action and Canadian Heritage Minister James Moore provided the following update to the House of Commons on Friday:

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April 22, 2013 13 comments News

Open Media: Why High Cell Phone Bills Have Nothing to do With Canadian Geography

OpenMedia has an interesting post that takes a close look at the claim that the large Canadian geography is responsible for high cell phone prices. The post notes that coverage actually focuses on as little as 20 percent of the country.

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April 22, 2013 Comments are Disabled News

Spectrum Transfer Policy To Test Government’s Resolve on Wireless Competition

The issue of spectrum transfers has generated considerable attention over the past few weeks as Industry Canada prepares to unveil a transfer policy in response to the proposed sale of spectrum by Shaw to Rogers. Industry Minister Christian Paradis has made it clear that he is uncomfortable with the proposed sale, acknowledging that the intent of the 2008 spectrum auction set aside was not to have the spectrum end up in the hands of incumbents. While the incumbents and their supporters are raising the concerns about market uncertainty and potential lawsuits, the reality is that the government’s policy on the Canadian wireless market has been clear since 2007.  Despite the efforts of the CWTA and the incumbents to convince politicians and the public that Canada is a competitive market, the government believes more competition is needed.

The Conservatives’ policy on wireless competition solidified in 2007, when Prime Minister Harper shuffled then-Industry Minister Maxime Bernier (who most believed was opposed to government intervention in the form of a set-aside or other measures) with Jim Prentice. Within months, Prentice unveiled the government’s policy with the headline “Government Opts for More Competition in the Wireless Sector.”  In case there was any lingering doubt about where the government stood, the release noted:

Recent studies comparing international pricing of wireless services show Canadian consumers and businesses pay more for many of these services than people in other countries. These services are key to strengthening the competitiveness of Canadian business.

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April 17, 2013 5 comments News