PUBLIC INTEREST ADVOCACY CENTRE LE CENTRE POUR LA DÉFENSE DE L INTÉRÊT PUBLIC The Public Interest Advocacy Centre (PIAC) is a non-profit organization based in Ottawa, Ontario that provides advocacy and research services on behalf of Canadian consumer interests and vulnerable consumer interests in particular regarding the provision of important public services. It advocates for consumers in several areas with a focus on telecommunications, broadcasting, privacy, competition and financial services. PIAC regularly participates with the National Pensioners Federation in telecommunications and broadcasting proceedings before the Canadian Radio-television and Telecommunications Commission. Please see http://www.piac.ca for more information.
PIAC Participation with the National Pensioners Federation Before the Canadian Radio-television and Telecommunications Commission Matter / Groups Broadcasting and Telecom Notice of Consultation CRTC 2015-239, Review of the structure and mandate of the Commissioner for Complaints for Telecommunications Services Inc. NPF-COSCO-PIAC This proceeding involved a review of the Canadian telecom ombudsman, the CCTS. The review examined a range of issues including: public awareness, customer satisfaction, participation in the CCTS, the scope of CCTS mandate in receiving complaints, and governance. NPF-COSCO-PIAC filed initial comments, a reply, final submissions, and appeared before the CRTC on 3 November 2015. NPF-COSCO-PIAC supported the role of the CCTS in the Canadian communications system, but made several recommendations in order to ensure there was greater public awareness of the CCTS, more transparency and reporting, and greater independence in the CCTS governance and voting structures. NPF- COSCO-PIAC also welcomed the inclusion of television service in the CCTS mandate. John Lawford & Page 2 of 13
Telecom Notice of Consultation CRTC 2015-134, Review of basic telecommunications services PIAC-ACORN-CAC- NPF-COSCO, The Affordable Access Coalition (AAC) This proceeding will examine the definition of basic telecommunications services needed by Canadians to participate meaningfully in the digital economy including broadband Internet as well as how to ensure that all Canadians are able to access and afford telecom services no matter where they live. For instance, the Commission will examine whether a national subsidy would be needed. This proceeding is ongoing. The AAC filed its first intervention, which proposed the creation of: (1) Broadband Deployment Fund to fund broadband access particularly in rural and remote Canadian communities, and (2) Affordability Fund which would provide a telecom subsidy for low-income Canadian households. Geoffrey White The AAC is currently participating in interrogs with the CRTC and other parties and will file a second intervention in February. A public hearing is scheduled for April 2016. Page 3 of 13
Broadcasting Notice of Consultation CRTC 2015-105, Call for comments on a Television Service Provider Code of Conduct working document NPF-PIAC The CRTC launched this proceeding in order to create a TV Code of rules which would apply to all television service providers. Rules would relate to consumer issues such as clarity of contracts, advertising, changing programming options, and service cancellation. NPF-PIAC filed initial and reply comments. A decision is still pending. & Jean- François Léger NPF-PIAC supported the creation of the TV Code, but also raising important issues such as privacy and equipment policies in particular arguing that TV service providers should be fully responsible for set-top boxes rented to customers, and customers should only pay for the depreciated value of a box. Page 4 of 13
National Public Alerting System (Application Nos. 2015-0083-5 2015-0084-3 2015-0085-1 2015-0111-4 2015-0217-0 2015-0218-8) PIAC-COSCO-NPF In Broadcasting Regulatory Policy CRTC 2014-444, the CRTC ordered all radio and television broadcasters and service providers to be prepared to send out national public emergency alerts by March 2015. Several service providers, including Sogetel, Shaw Direct and Bell ExpressVu, applied for extensions ranging from 3 months to 1 year to implementing the alerting system. PIAC-COSCO-NPF opposed the extension requests and highlighting the importance of public safety. Where some service providers claimed that customers with legacy receivers would never be able to receive public alerts, PIAC-COSCO-NPF argued that these customers should be provided with capable receivers at no charge. PIAC-COSCO-NPF filed interventions. Decision: The CRTC gave all the service providers 6 additional months to implement the national public alerting system. Broadcasting Decisions CRTC 2015-117, 2015-118, 2015-119, 2015-120, 2015-121 and 2015-122 Bell Media proposal regarding additional Astral tangible benefits (Application No. 2014-1178-5) PIAC-NPF-COSCO In its decision approving the Bell-Astral acquisition, the CRTC ordered Bell to pay any shortfall in tangible benefits between the value of Astral assets Bell was required to divest and the actual tangible benefits paid by the purchasers. Bell filed its application laying out its calculation and proposed distribution of these additional benefits. PIAC-NPF-COSCO filed an intervention on 12 January 2015. Decision: In Broadcasting Decision CRTC 2015-243, the Commission required Bell to file a new tangible benefits proposal which would comply with the Tangible Benefits Policy. Page 5 of 13
Broadcasting Notice of Consultation 2014-190, Notice of hearing Let s Talk TV PIAC/CAC/COSCO/NPF /OC/CEC The CRTC launched a broad review of how it regulates television in Canada. We filed arguments supporting the availability of a pick-and-pay option in retail TV packages and advocating for important programming such as local news, programming for linguistic and ethnocultural minority groups, and Canadian programs. We also argued that Over-the-Top providers such as Netflix should continue to be exempted from regulation at this time. Comments were filed on 27 June 2014. NPF and PIAC appeared with other Groups for the Public Interest at the public hearing in September 2014. Final Comments were filed on 3 October 2014 and a decision is pending. Decision: The CRTC issued a series of decisions resulting from its Let s Talk TV proceeding. The Groups for the Public Interest achieved several victories in these decisions, including: Geoffrey White & TV service providers must offer pick and pay options by December 2016. TV service providers must offer a skinny basic TV package by March 2016. Broadcasters must continue to maintain over-theair TV. The CRTC will create an ombudsman for TV service complaints as well as a TV Code which will outline TV customer rights. See: Broadcasting Page 6 of 13 Regulatory Policies CRTC 2015-24, 2015-25, 2015-86, 2015-96 and 2015-104.
Broadcasting Notice of Consultation 2014-26 PIAC/COSCO/NPF/CEC Rogers filed for renewals for several of its licences, including its CityTV and ethnic OMNI station licences. We especially opposed requests to reduce ethnic programming obligations on OMNI stations, pointing out that Rogers had already made significant cuts without ensuring that its stations served their local communities. Comments were filed on 28 February 2014. PIAC/COSCO/NPF/CEC appeared at a public hearing on 8 April 2014. Final comments were filed on 22 April 2014. Decision: In Broadcasting Decision 2014-399, the Commission denied most of Rogers requested amendments to the OMNI conditions of licence, including requests to reduce ethnic programming during primetime hours and the number of groups and languages OMNI must serve. Furthermore, the Commission ordered Rogers to re-instate the community OMNI Advisory Councils. Geoffrey White & Page 7 of 13
Broadcasting Notice of Consultation 2013-558, Call for comments on the Commission s approach to tangible benefits and determining the value of the transaction PIAC/CAC/COSCO/NPF The CRTC is reviewing its approach to tangible benefits the monies it requires purchasers of programming assets to pay into benefits to the Canadian system. We made comments that support less discretion on the part of purchasers (which reduces the possibility of monies being spent that don't really benefit the Canadians or the broadcasting system), and on more transparency in terms of how monies are spent. Comments were filed on 13 January 2014, and Reply Comments were filed on 28 January 2014. Decision: In Broadcasting Regulatory Policy 2014-459, the CRTC highlighted that, generally, tangible benefits should not be allocated to self-serving initiatives. The Commission did not, however, require that a percentage of tangible benefits be distributed to the Broadcasting Participation Fund. Geoffrey White Page 8 of 13
Challenge to Bell's Tangible Benefits Package (CRTC File No. File No. 2013-1120-9) PIAC/CAC/COSCO/NP SCF/OC As a condition of its approval of Bell's acquisition of Astral, Bell was ordered by the CRTC to return with a revised benefits package that included certain items. PIAC, NPF and others took issue with a business school, already slated to receive some of the $249 million slated for tangible benefits, receiving even more money under the auspices of "consumer education". We strongly opposed business schools being the recipient of consumer education money especially programs which are described in a way that suggests they are more focused on businesses education and business case development than consumer empowerment. We submitted our Intervention on 20 September 2014. There was no further process and it is not clear if a decision has been rendered yet. Geoffrey White Page 9 of 13
Broadcasting Notice of Consultation CRTC 2013-448, Various Applications including Bell divestiture to Corus PIAC/CAC/COSCO/NP SCF/OC In June of 2013 the CRTC approved the merger between Bell and Astral Media Inc., PIAC NPSCF and other groups at hearings into the Bell-Astral merger during the summer of 2012, and spring of 2013 in hearings before the CRTC on the merger. Although the CRTC approved the merger it also ordered Bell to sell a number of English language and French language television and radio stations as part of the deal. The CRTC is now considering the sale of some of those Bell assets to Corus Entertainment. The assets in question include: Teletoon/Télétoon; Teletoon Retro (English); Télétoon Rétro (French); Cartoon Network; Historia; Séries+; CKQB FM Ottawa; CKQB FM-1 Pembroke; and CJOT- FM Ottawa. Teletoon Canada Inc., will also be seeking renewal of its licence to broadcast in Canada at this time. Written submissions were filed on 27 September 2014, and we appeared at a public hearing in early November. The CRTC released its decision on 20 December 2013. Decision: As expected, and despite the efforts to oppose the deal for not being in the public interest and being a compromise to the diversity of voices, the Commission approved the transactions recognizing it could not unscramble the omelet it had created in approving Bell-Astral. We also lost on an alternative point in respect of the value of tangible benefits Corus should have been required to pay. We are raising those issues in the context of the Commission s current review of the tangible benefits policy. Geoffrey White & In Broadcasting Notice of Consultation 2013-448 (linked here), the CRTC sought written views on the proposed transfers. As with PIAC s previous arguments before the CRTC on Bell-Astral, we continued to be concerned about ensuring a diversity of voices in the Canadian media landscape given the potential for even greater ownership concentration arising from the proposed divestitures. Page 10 of 13
Telecom Notice of Consultation CRTC 2013-685, Wholesale mobile wireless roaming in Canada Unjust discrimination/undue preference PIAC/CAC/NPF/COSCO The CRTC requested comments on whether some large Canadian wireless service providers were charging other Canadian wireless carriers unjustly discriminatory rates for roaming on their networks. In our intervention, PIAC/CAC/NPF/COSCO argued that Canadians would benefit from a competitive mobile wireless market where multiple players offer a range of services for affordable prices within a large geographic reach. We argued that the current wireless services market is not as competitive as it should be. We believe many smaller and new entrant carriers are prevented from competing effectively because the larger national carriers are charging them significantly high rates to roam on their networks. These high wholesale rates get passed onto consumers and prevent new entrants from being able to offer their customers competitive packages. This, we argued, was unjust discrimination under the Telecommunications Act. In response, we recommended that the Commission monitor and regulate wholesale roaming rates. PIAC/CAC/NPF/COSCO s intervention was filed on 29 January 2014. Reply comments will be filed on 10 February 2014. Decision: In Telecom Decision 2014-398, the CRTC found that Rogers had, in clear instances, unjustly discriminated against some wireless entrants in its wholesale roaming agreements. The CRTC prohibited exclusivity provisions in these agreements. Page 11 of 13
Bell Aliant Application to amend its conditions of licence with regards to community television (Application No. 2013-1693-5) PIAC/NPF/COSCO Bell Aliant requested to allocate 10% of it community TV programming funds to programming delivered over the Internet. Bell Aliant admitted in its correspondence with the CRTC that it actually planned to terminate its Community One TV channel altogether, and move all of its community programming to video-on-demand and the Internet. PIAC/NPF/COSCO s intervention was filed on 29 January 2014. Decision: The CRTC denied Bell Aliant s request on 12 June 2014 in Broadcasting Decision CRTC 2014-320. PIAC/NPF/COSCO recognized that Bell Aliant had no regulatory obligation to continue its community channel. However, we still raised concerns about the termination of community channels and its impact on communities. We argued that the principles in the Broadcasting Act talk about extending broadcasting services so that they are accessible to all Canadians, not reducing or taking away. We also discussed specific challenges related to accessing community programming (especially the broadcast of live community events online only) on the Internet, including needing a home Internet subscription, low Internet speeds, and monthly caps on the amount of data Internet packages allow customers to download. Page 12 of 13
Broadcasting Notice of Consultation CRTC 2013-572, Call for comments on a targeted policy review for the commercial radio sector PIAC/NPF/COSCO The CRTC initiated a targeted review of the policies that applied to all private commercial radio stations in Canada. PIAC/NPF/COSCO argued that radio frequencies are a limited public resource, and that the Commission should therefore make sure that: (1) Radio stations create greater diversity and a wider variety of programming available to all Canadians, and (2) Radio frequencies are licensed to the applicant that would make the best use of them to serve the local community and fulfill the broadcasting policy objectives. In response to the Commission s specific questions, we wrote that among other things HD Radio has the potential to create greater diversity in programming but should not reduce the quantity or quality of programming on analog stations; and the Commission must ensure that stations are compliant with their conditions of licence by monitoring them and imposing effective penalties. PIAC/NPF/COSCO s intervention was filed on 30 January 2014. Reply comments are due on 1 April 2014. Decision: Broadcasting Regulatory Policy 2014-554. A broader commercial radio policy review is expected in the next year. Page 13 of 13