Post Tagged with: "crtc"

Obama in the Backseat: Rally to Save the Internet by Free Press (CC BY-SA 2.0) https://flic.kr/p/osRvjr

Ontario Government Asks the CRTC To Impose New Regulations and Fees on Internet Giants Such as Netflix and Google

This afternoon, the Ontario government appeared before the CRTC as part of its future of television hearing. The Ontario government issued a clear call for new regulation of so-called new media companies such as Netflix and Google. The government states:

In order to create a more level playing field, the ministry recommends decreasing this regulatory imbalance. The ministry believes the best way to accomplish this is to expand the regulation of new media TV, rather than by lightening the current regulation of traditional TV.

What does the expansion of regulation involve?

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September 8, 2014 41 comments News
What is on Television Tonight by Trey Ratcliff (CC BY-NC-SA 2.0) https://flic.kr/p/t1pU6

The CRTC’s Future of TV Hearing: “There is No Such Thing as Too Much Choice”

Rogers Communications unveiled its plan for streaming more than 1,000 National Hockey League games on the Internet last week. Having invested billions of dollars to obtain the Canadian broadcast and Internet rights to NHL hockey, the cable giant pointed to the future of broadcast by embracing consumer demand for making games available online.

As part of the launch, Rogers Media president Keith Pelley responded to questions about the approach by stating “there’s no such thing as too much choice. Let the consumer decide what they want to watch.” Pelley was speaking about hockey streaming, but my weekly technology law column (Toronto Star version, homepage version) notes his comments should resonate loudly this week in a broader context as the Canadian Radio-television and Telecommunications Commission opens its much-anticipated public hearing on the future of television in Canada.

The CRTC hearing has already generated thousands of advance comments from major stakeholders and individual Canadians. It has also unleashed considerable angst from established broadcasters, broadcast distributors, and content creators, who fear that the broadcast regulator will overhaul the current system by implementing changes such as mandatory pick-and-pay channel selection for consumers and reforms to longstanding policies such as simultaneous substitution (which allows Canadian broadcasters to substitute Canadian commercials into U.S. licensed programming).

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September 8, 2014 3 comments Columns
The Ghost of iCraveTV?: The CRTC Asks Bell For Answers About Its Mobile TV Service in Net Neutrality Case

The Ghost of iCraveTV?: The CRTC Asks Bell For Answers About Its Mobile TV Service in Net Neutrality Case

Before there was Youtube, Hulu, Netflix, and broadcasters streaming their content on the Internet, there was iCraveTV.  iCraveTV, a Canadian-based start-up, launched in November 1999, by streaming 17 over-the-air television channels on the Internet.  The picture was small, connection speeds were slow, but the service was streaming real-time television years before it became commonplace. The company relied upon two Canadian laws to provide the service: the Copyright Act, which contains a provision permitting retransmission of broadcast signals subject to certain conditions, and the CRTC’s New Media Exemption order, which excluded new media broadcasters from regulation.

The company faced an immediate legal fight from Hollywood and broadcasters. Within months of launching, the service shut down. U.S. demands for Canadian law reform ultimately led to changes to the Copyright Act, which effectively excluded “new media retransmitters” from taking advantage of the retransmission provision.

iCraveTV is long forgotten for most Internet users, but the legal framework that ultimately emerged was invoked this week by the CRTC in Canada’s leading net neutrality case.

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August 7, 2014 5 comments News
040510 by Dennis S. Hurd (CC BY-NC-ND 2.0) https://flic.kr/p/7QU5gX

CRTC Finds Rogers Engaged in Unjust Discrimination With Its Domestic Roaming Agreements

From seemingly the moment in launched in Canada, Wind Mobile argued that it was being placed at a competitive disadvantage due to unfair roaming agreements with Rogers. As a new entrant, the company was reliant on roaming agreements to offer nationwide service, yet it claimed that Rogers was tilting the playing field against it. Rogers unsurprisingly disagreed.  In a Senate appearance in 2009, the company was asked directly about the issue:

Senator Zimmer: Have you had any requests from new wireless entrants for roaming and tower-sharing agreements, and how have you handled those? What is the progress on these arrangements to date?

Mr. Engelhart: I am glad you asked that question, because we have been reading in the press some grumbling by some of the new entrants, and it has left us puzzled. Mr. Roy and I, mostly Mr. Roy, have successfully concluded roaming agreements with all the new entrants who have approached us, and we did that in a business negotiation that did not need arbitration or enforcement from Industry Canada. We have also provided access to a huge number of our towers to the new entrants. We believe the government policy that requires us to make those facilities available is working, and we are proud of what we have done.

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August 1, 2014 3 comments News
Forgotten television by the autowitch (CC BY-NC-SA 2.0) https://flic.kr/p/nUaS

The Future of Television Review is the CRTC’s Make or Break Moment

When Canada’s broadcast regulator embarked on the third and final phase of its consultations on the future of television regulation earlier this year, it left little doubt that a total overhaul was on the table. The Canadian Radio-television and Telecommunications Commission (CRTC) raised the possibility of eliminating longstanding pillars of broadcast regulation by creating mandatory channel choice for consumers, dropping simultaneous substitution and genre protection, as well as allowing virtually any non-Canadian service into the market.

For the growing number of Canadians hooked on Netflix or accustomed to watching their favourite programs whenever they want from the device of their choosing, none of this seems particularly revolutionary. Indeed, policies that reduce options, increase costs, or add regulation run counter to a marketplace in which public choice determines winners and losers.

My weekly technology law column (Toronto Star version, homepage version) notes the CRTC seems to understand that this is a make-or-break moment since policies that worked in a world of scarcity no longer make sense in a marketplace of abundance. Yet the first batch of responses from Canada’s broadcasters, broadcast distributors, and creator community suggests that most see the changing environment as a dire threat to their existence and hope to use regulation to delay future change.

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July 16, 2014 1 comment Columns