Post Tagged with: "netflix"

Tree by subflux (CC BY-SA 2.0) https://flic.kr/p/a4KiyM

Why Canada’s Communication Policy Misses the Forest for the Trees

The Canadian Radio-television and Telecommunications Commission wrapped up its third major hearing in as many months last week, focusing on the wholesale market for broadband Internet services. Coming on the heels of the earlier hearings on broadcast television regulation (the “TalkTV” hearing that was highlighted by a showdown with Netflix) and wholesale wireless services, the proceedings followed a familiar script.

The incumbent providers urged the Commission to resist regulating access, claiming a competitive market exists with few barriers to new competitors. Meanwhile, independent Internet providers pointed to their relatively small share of the current broadband market and warned that failure to mandate access for faster fibre connections to the home would effectively eliminate future competition as Canadians gravitate to services offering faster speeds.

While it will take some time for the CRTC to issue its decisions in all three cases (the broadcast decision is expected before the end of the year), it is not too early to declare the entire system broken. The CRTC – Netflix battle prompted many to conclude that the Commission was a relic of the past, unable to adapt to the disruptions facilitated by the Internet. Yet the Commission’s difficulty dealing with the fast-moving changes throughout the communications sector is chiefly the result of an outdated regulatory structure that misses the proverbial forest for the trees.

December 9, 2014 — 6 comments — Columns

Protest at the White House for Net Neutrality by Joseph Gruber (CC BY-ND 2.0) https://flic.kr/p/p294TD

Net Neutrality and Netflix Taxes: The Tension Between Government and Regulatory Agencies on Digital Policy

U.S. President Barack Obama yesterday came out strongly in favour of net neutrality, urging the U.S. Federal Communications Commission to uphold core net neutrality principles. Obama’s comments was unsurprisingly welcomed by net neutrality activists throughout the U.S., though some caution that the ultimate decision still lies with the regulatory agency. Obama focused on greater transparency along with rules to ensure no blocking, throttling, and paid prioritization. I wrote earlier this year on how Canada passed net neutrality regulations (termed Internet traffic management practices) in 2009, which address many of the issues raised by Obama and has not resulted in the horrors suggested by critics of net neutrality policy.

Obama’s decision to wade into the net neutrality debate highlights how politicians can no longer simply avoid telecom, broadcast, and Internet issues by claiming that the matter is solely for regulators to determine. Policy issues such as net neutrality and Internet regulation have profound importance for millions and we should not be content to leave the issue exclusively to unelected regulators (no matter transparent their processes).

November 11, 2014 — 2 comments — News

2012 Trailer Park Boys Minneapolis by James (CC BY-NC-ND 2.0) https://flic.kr/p/dDisgE

It’s Time to Be Honest: Netflix Will Not Mean the End of Canadian Television

The Globe and Mail’s Simon Houpt ran a column over the weekend titled It’s Time to be Honest: Netflix is Parasitic. The piece received some positive commentary on Twitter, with some suggesting that it provided a counter-view to the Netflix support that has prevailed publicly and politically for several weeks in Canada. Houpt uses some effective imagery (Netflix as a Wal-Mart or Costco behemoth that will lay waste to Canadian film producers in the same way that the retail giants take out “mom and pop” stores), but this post argues that he does not come close to making his case.

The Netflix backlash (also found in Globe pieces from Kate Taylor and John Doyle) can be distilled down to two key concerns. First, that Netflix only produces a limited amount of original content and merely selling access to a large library will gradually mean no new content. Second, that Netflix (unlike the conventional broadcasters) does not contribute to the creation of original Canadian programming and the erosion of that support will lead to the end of new Canadian content. This second concern lies at the heart of the calls for a mandatory contribution by Netflix (referred to by some as a Netflix tax).

October 8, 2014 — 24 comments — News

Ignore Point by Daniel Kulinski (CC BY-NC-SA 2.0) https://flic.kr/p/aPcRB2

The CRTC’s Right to Forget: Regulator to Ignore Netflix and Google TalkTV Submissions

The Canadian Radio-television and Telecommunications Commission backed down in its public spat with Netflix and Google yesterday, releasing public letters advising the two Internet giants that without the supporting evidence it was seeking, the CRTC will remove all Netflix and Google materials (including submitted documents and transcripts) from the public record. The Commission emphasized that it maintains the power under Section 16 of the Broadcasting Act to require disclosure of information and that participants cannot pick and choose the parts of the regulatory process they participate in. Yet rather than enforce that power, it has decided not to fight the Netflix and Google refusal to disclose information, instead opting for a regulatory right to forget.

September 30, 2014 — 6 comments — News

0 - Netflix image by thinkaholic_me (CC BY-NC-SA 2.0) https://flic.kr/p/ewj8CZ

CRTC vs. Netflix: Has Canada’s Broadcast Regulator Started a Fight It Can’t Win?

Canadian regulatory hearings are usually relatively predictable affairs with scripted presentations and well-rehearsed speaking lines to most questions. During the recent two-week Canadian Radio-television and Telecommunications Commission hearing on the future of television regulation (dubbed “TalkTV” by the CRTC), Chair Jean-Pierre Blais expressed frustration on several occasions with the unwillingness of witnesses to veer much beyond their prepared notes.

My weekly technology law column (Toronto Star version, homepage version) notes that changed on the final day of the hearing, though it was Blais that seemingly departed from the script. Netflix, the online video giant that popped up in virtually every discussion, was one of the last witnesses on the schedule. The company had submitted comments to the CRTC consultation over the summer, but had not asked for an opportunity to appear before the Commission.

After the CRTC requested that it come to Gatineau to answer questions, the company came prepared to discuss the development of its business, but chafed at the prospect of disclosing confidential information such as subscriber numbers and spending on Canadian content. Blais took great umbrage at its reluctance to disclose the information, ultimately ordering the company to comply with the information request and implying that failure to do so could result in new regulation.

September 29, 2014 — 10 comments — Columns