CRTC issues court order to force TVA Sports to keep signal on Bell TV, suspends licence if it cuts off again

Pursuant to Wednesday’s emergency hearing on Quebecor’s decision to pull TVA Sports of Bell TV, on Thursday the CRTC issued a mandatory order requiring TVA Sports to comply with regulations about dispute resolution and keep its signal on Bell TV. It also suspended TVA Sports’s licence, though that suspension only applies if it cuts Bell TV off again, and only for the period during which the signal is cut off.

The mandatory order is being registered with the federal court, which means if TVA defies it, it will be subject to contempt of court proceedings, and faces large fines.

The commission rejected TVA’s main legal argument, that the regulations imposing arbitrated settlements of carriage disputes are not allowed under the Broadcasting Act (emphasis in the original):

TVA’s position that the Commission does not have the jurisdiction to set terms and conditions of affiliation agreements is inconsistent with the broad power given to the Commission by Parliament to make regulations to resolve any dispute by way of mediation or otherwise. Given that terms and conditions, including rates, are fundamental to the resolution of carriage disputes, the interpretation urged on the Commission by TVA Group would render the regulation-making power set out in section 10(1)(h) empty of meaning, an absurd result that cannot have been Parliament’s intention.

Pierre Karl Péladeau’s arguments about how TVA isn’t getting enough carriage fees, or how Bell has been unfair, or how TVA Sports’s future is threatened, are not addressed in the CRTC decision, because they are outside the scope of the proceeding. They will be dealt with in the undue preference complaint and mediation or arbitration proceedings between the two groups.

(For more on the arguments for and against TVA, see this post.)

The commission stopped short of its more serious threats, to suspend or even revoke TVA Sports’s licence. Even a temporary suspension during the NHL playoffs would have been devastating to TVA Sports, and probably led to its shutting down.

But it did reprimand TVA for its behaviour in this case:

the Commission is gravely concerned with TVA Group’s disregard for the Commission’s authority. Given the inflexible behaviour displayed by the licensee in respect of its regulatory obligations and the lack of a firm commitment to correct the situation, the Commission cannot be assured that TVA Group will respect its regulatory obligations going forward.

Quebecor issued a statement saying it will respect the decision, but the problem remains and it will seek other legal avenues, including a legal challenge to the CRTC’s authority.

Bell issued a statement saying it was happy with the decision.

If you want to get the full content of Wednesday’s hearing, the transcript is here and CPAC’s video is archived here.

Meanwhile, a request for a class action lawsuit has been filed, seeking $100 million, or $250 for each subscriber of TVA Sports on Bell TV who was left without the service for 47 hours last week.

Media News Digest: Awards, DAZN gets Premier League, Bergman leaves Virgin 95.9

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TVA Sports defies CRTC, cuts off Bell TV customers as part of carriage dispute

Updated April 12 with court ruling and TVA Sports returning to Bell TV

Four days after it threatened Bell subscribers with on-air messages, TVA pulled TVA Sports from Bell TV on Wednesday at 7pm, as scheduled, the start time for the NHL playoffs.

Bell immediately announced that it would make Sportsnet, Sportsnet One and Sportsnet 360, which with CBC and City comprise all the channels carrying NHL playoff games, free for subscribers “temporarily.”

Quebecor, meanwhile, issued a statement saying it was disappointed it couldn’t reach a deal.

On Thursday, the CRTC announced that it was calling Groupe TVA to a hearing in Gatineau on April 17 to explain itself, and threatened to either issue a mandatory order (which would be enforceable in federal court) or even suspend TVA Sports’s broadcasting licence in light of the decision to ignore its warnings about pulling service during a dispute.

In court, as Bell tried to get a court injunction for TVA to stop what it’s doing, Quebecor lawyers offered a truce, to bring back the channel at 6pm and maintain it until April 23 as the two sides negotiate with the help of the CRTC. Bell accepted on condition that TVA Sports accept a court order requiring the re-establishing of the signal, but Quebecor refused that condition.

On Friday, the court granted Bell’s request for an injunction, ordering TVA Sports re-established on Bell TV by 6pm, but did not order Quebecor to cease its “Fair Value” campaign, which Bell says is false and defamatory. TVA complied with the request, and TVA Sports returned to Bell TV by 6pm.

In addition to ensuring Bell TV subscribers could get access to NHL playoff games, Bell Media acquired the rights to two additional Montreal Impact MLS games, another TVA Sports exclusivity, so they can be broadcast on TSN. That pushed the date of the next Impact game only broadcast on TVA Sports to April 28. Bell TV had said it would make TSN also available for free for Montreal Impact fans.

History

Bell customers got a pretty scary-looking message during the Canadiens-Maple Leafs game Saturday night on TVA Sports: The sports channel, which has the French-language rights to all NHL playoff games, will be removed from Bell TV as a way for Bell to “punish” those subscribers.

TVA also aired the graphic during La Voix, Quebec’s most popular TV show, on Sunday.

TVA airs a message attacking Bell during La Voix on Sunday, April 7, 2019.

Bell said not only is this message not true, it would be against CRTC regulations. The CRTC wrote to both parties twice to say that during their dispute, TVA is required to keep offering its channels to Bell and Bell is required to keep distributing them.

TVA said it doesn’t care, it’s pulling its signal anyway. Which means this dispute will quickly escalate in the legal and regulatory sphere.

Except it’s already escalated there, because this is a battle being fought on multiple fronts:

  • An existing CRTC process in which TVA complains of unfair treatment (currently in the reply phase)
  • A TVA lawsuit against Bell demanding compensation for its unfair packaging
  • A Bell request for injunction against TVA demanding the signal be returned
  • An emergency CRTC hearing called for next week in which TVA has been ordered to explain itself
  • Direct negotiations between Bell and TVA to reach a deal on carriage
  • TVA’s media campaign and Bell’s press releases in response, fighting in the public arena
  • Pierre Karl Péladeau’s lobbying of federal politicians to make changes to the CRTC’s dispute resolution process
  • Programming changes at Bell Media and packaging changes at Bell TV to mitigate the loss of TVA Sports for Bell customers

How long Bell customers will actually be without TVA Sports is anyone’s guess. But TVA says it’s prepared to do whatever it takes.

(You can read more about my interview with TVA chief operating officer Martin Picard in this story at Cartt.ca, but I have lots of details below about the conflict.)

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Andrew Scheer opens shelters for millions of Canadians left homeless by job-killing carbon tax

Saying he’s doing his duty as a patriot, Conservative Party leader Andrew Scheer opened up a series of shelters across the country to care for the millions of Canadians who have lost their jobs as a result of Justin Trudeau’s job-killing carbon tax.

The federal tax, which took effect on Monday, only applies to Ontario, Manitoba, Saskatchewan and New Brunswick, and most of the shelters are in those four provinces, but Scheer said other provinces also have job-killing pricing on hydrocarbons, and people in Alberta and Quebec will also be able to make use of his party’s shelters when they inevitably get laid off from their jobs.

Scheer couldn’t say how much the shelters cost or how many people have taken advantage of them so far, but he noted the costs should be minimal because they’re only needed until October, when his removal of GST on home heating bills will turn the economy round. Enough food, mainly in the form of white bread and baloney, has been stockpiled to last that long.

Besides, he said, if the Liberal government could use taxpayer money to bring in cots for a late night marathon voting session at the House of Commons, surely that money could be better used on Canadian families.

“Be sure to use the words ‘Canadian families’ a bunch of times in your story,” Scheer said.

STM admits new underground construction at Côte-Vertu métro is just a giant Bitcoin farm

STM photo shows excavation of large tunnel near Côte-Vertu metro.

Though it was sold as a necessary infrastructure upgrade to allow more trains to be put into service on the Orange Line, the half-billion-dollar garage near the Côte-Vertu métro station is actually mainly a state-of-the-art Bitcoin mining operation, documents obtained through access to information reveal.Trains will still be circulating through the tunnels, but the main purpose isn’t to increase service as much as to provide air circulation to cool the thousands of Bitcoin mining machines lining the tunnel walls, explained STM chairperson Philippe Schnobb.

“At the current exchange rate of about $5,500 per Bitcoin, we expect this mining operation to pay for itself within eight years,” Schnobb said. “If Bitcoin goes even higher, which it obviously will when you look at its historical levels, we expect that number to go much lower. By 2025 we could be making a profit and by 2030 we could be getting most of our revenue through Bitcoin mining. By 2035 we should be able to drop fares to zero and actually pay dividends to the Quebec and municipal governments.”

This isn’t the first time the STM has gone into the blockchain game. It’s a common myth that the metro doesn’t need heating because enough heat is generated by braking and acceleration of the trains, but in fact it’s Bitcoin servers installed in the undercarriage of metro cars that generate most of the heat in the system these days. It’s the same on new hybrid buses. “We know what we’re doing,” Schobb said. “This is guaranteed to pay off.”

The new Côte-Vertu Bitcoin farm is set to begin mining in 2021.

Super fan of CBC’s 2017 series 21 Thunder anxious to find out when second season starts

Corey Kabongo has some unanswered questions. “Did Declan survive the stabbing? What happened with Junior’s long-lost brother? Are they going to come after Nolan? What’s going on with Lara and that match-fixing ring? Will the team find out what Davey tried to do?”

Kabongo says he’s been waiting since September 18, 2017, to get answers, after watching the first season finale of 21 Thunder, the sexy CBC Television drama about a Montreal under-21 soccer team filled with personal intrigues and tough moral choices.

CBC hasn’t announced a premiere date or even a start of production for the second season of the series, but Kabongo said he is keeping an eye out. “Since it went on Netflix last year, and Refinery29 called it ‘Canada’s answer to Gossip Girl‘, its popularity has only soared. Wikipedia says its reviews were ‘generally positive,’ which is high praise. I just can’t wait to be chanting ‘THUNDER!’ again with fans all over the world.”

Kabongo, who insists he’s not related to series star Emmanuel Kabongo and it doesn’t matter if he is because Manu is a great actor and even better guy, says he’s been in touch with some of the actors in the series and while they’re all busy on other projects, he’s hopeful production of the second season can be flexible enough to work around all their schedules.

The series says it’s working on getting a second season off the ground despite being cancelled by CBC a year ago.

Richard Martineau asks François Legault to reconsider his plan to solve reasonable accommodation debate forever

“I’m worried,” Richard Martineau said today. “This could have a major impact on my career.”

Martineau, the LCN host, QUB Radio host, Journal de Montréal columnist, Francs-Tireurs host and next season’s newest judge on La Voix, was referring to how Quebec premier François Legault is finally solving the reasonable accommodation debate after 12 years of it dominating Quebec politics.

Legault’s plan, which he laid out in a video published on Sunday, involves taking a hard line but also improvised compromises calculated to be the most grudgingly acceptable to the maximum number of uninformed people.

But while this new law is guaranteed to end public discussion about the impact of religious and cultural diversity on our society forever, ushering in a period of racial harmony and religious acceptance the likes of which this province has never seen, it will be devastating to the media angrytariat, of which Martineau is a major figure.

“Do you know how hard it is to write a column every day where I’m angry about something? And on top of that host daily TV and radio shows? I don’t have time to find other issues to gripe about,” Martineau yelled, in a voice that sounded sarcastic even though he wasn’t saying anything sarcastic.

“I’m not saying that I don’t have other things to talk about, I do. I can always whine about Radio-Canada or Québec solidaire or celebrities, but nothing brings in the audience like me putting on a burka. This issue is to me what classified ads were to newspapers in the 90s: a moneymaker.”

Martineau said he understands there’s a higher purpose, but he hopes Legault understands the need for us to continue to sarcastically mock each other’s opinions on this issue, and maybe insert a few loopholes into the bill that will cause the debate to flare up again in a few months.

“Not everything needs to be perfect,” Martineau said. “Please, just let me have this.”

Google and Facebook agree to give everyone $100 to just do their own local news reporting

Under fire for sucking up all the advertising money from the print media industry, Google and Facebook have agreed to a groundbreaking new program in which they simply give every Canadian citizen $100 each a year to report on their local communities.

The “Everyone’s a Journalist” program, which begins today, requires people receiving the money to report on at least one local news story per year, including going to town council meetings, interviewing old ladies complaining about something, promoting a bake sale for the children’s hockey team, or filing access to information requests and having secret meetings with dozens of sources to expose corruption at the police department.

“We believe this will be a revolutionary move toward hyperlocal journalism, one that has no real down side,” said Esteban Frobisher, who has been put in charge of the project. “We’re empowering millions of journalists here, and more is always better.”

The program is already having an effect. Frobisher says dozens of stories have already been submitted about how gas prices are rigged and how Jody Wilson-Raybould is a traitor to poor Justin Trudeau and do you want Andrew Scheer in charge of the country, come on.

Cousin Vinny goes crawling back to radio job after failing to be named minister of justice and attorney general of Canada

“Cousin” Vinny Barrucco

Cousin Vinny has quietly returned to the air. The radio DJ went back to his old job — in fact, his old, old job, doing late nights at Virgin Radio — after he was passed over for the job of minister of justice and attorney general of Canada in January.

Vinny Barrucco announced he was leaving The Beat 92.5 on Jan. 29, 15 days after Jody Wilson-Raybould was shuffled out of the justice ministry and into veterans affairs. “I thought to myself, this is my chance, I got to go for it,” he said in an emotional interview. “I’ve always wanted to work in the justice field, but … I guess now is not my time. So I’m back to my other passion, taking requests from drunken teenagers for that song I’ve already played five times in the past two hours.”

After getting over the shock of not being considered for the important ministerial position — in part because David Lametti had been named to the post two weeks earlier — Barrucco took some time off to spend with his family, caught up on a bunch of TV he’d left on his PVR, and is now ready to get back to cramming as much entertainment as he can into the seven seconds of airtime he has between Shawn Mendes and Imagine Dragons.

Passersby say they won’t give La Presse money because wine columnist will just spend it on booze

Two months after launching its voluntary contribution program, La Presse says it has been falling below expectations for donations from the public because of concerns that wine columnist Véronique Rivest will spend their money on alcohol.

“I believe quality journalism is something worth supporting, but I know what they say about wine columnists,” said Avril de Pouassohn as she was asked to spare some change. “I don’t want to make the problem worse by feeding their vices.”

She had similar concerns about donation money being spent on non-essential things like auto reviews, hockey coverage and recaps of La Voix. But it was the spending on alcohol and “drugs like marijuana” that most bothered her.

Rivest said the money would be used for important investigations into political corruption, but evaded the question when asked if she would ever spend money on booze.

De Pouassohn said she would prefer to give her money to a journalism shelter that La Presse can go to. La Presse said the journalism shelter keeps turning it away and it would prefer the cash. But it wishes her a good day.

Quebec TV networks ask cultural institutions to churn out more celebrities for their talk, game and lifestyle shows

Facing an unprecedented shortage in celebrities as talk show guests, game show contestants and artiste-invitée of the week, Quebec’s TV networks banded together to request the province’s cultural training centres create more celebrities to fill those positions.

“We’re reaching the bottom of the barrel of the Union des Artistes,” said Radio-Canada VP Noam Fikteef. “Les Enfants de la télé is down to people who were minor characters on Auberge du chien noir, and just filmed its third special devoted to La Petite vie. We’re desperate.”

The letter is addressed to the École nationale du théâtre, the École nationale de l’humour, as well as ADISQ and Quebec’s sporting associations. “Singers, athletes, struggling comedians, we don’t care at this point. As long as a reasonable case can be made that they’re an artist who should be known by someone, we’ll take them,” Fikteef said.

The fall TV schedule for Radio-Canada, TVA, V, Télé-Québec et al include 35 new shows based on having celebrity guests. As many as half may need to be cancelled if enough celebrities aren’t found.

New Canadian Press millennial-friendly style replaces S with Z for all uses

After previously replacing “per cent” with “%” and doing away with abbreviations on names of states and provinces, The Canadian Press is further bringing its stylebook into the 21st century by adopting a new rule that replaces the letter S with the letter Z for all uses.

As an adherent to CP style I will do the same starting now.

Canadian Prezz’z prezident zaid the change waz a long time coming, and reflectz the evolving Englizh language that millennialz have adopted. He couldn’t point to any actual ztudiez or zurveyz that zhow millennialz have ztopped uzing the letter.

The change to the official ztyle meanz changing the zpellingz of many wordz, and a complete rewrite of itz Capz and Zpelling guide. The provincez of Britizh Columbia, Zazkatchewan, New Brunzwick, Nova Zcotia and Prince Edward Izland, for example. Nova Zcotia now getz abbreviated az N.Z. and Zazkatchewan az Zazk.

Zome Canadian Prezz clientz have already announced they will adopt the new zpelling, including Poztmedia, the Toronto Ztar, Global Newz and Rogerz Zportznet.

The Globe and Mail, CBC and CTV have not yet announced their planz.

One CP journalizt, who zpoke on condition zhe not be named, zaid the change waz an excezzive caze of pandering to youth and zhe would be looking at wayz to rezizt the change.

CP’z francophone counterpart, La Prezze Canadienne, haz not announced any planz to follow zuit with changez to itz zpelling.

Jody Wilson-Raybould excited at new role as overnight DJ on The Beat 92.5

After deciding being a federal minister isn’t for her, Jody Wilson-Raybould announced this morning she’s taking on a new role as overnight announcer on 92.5 The Beat, where she will be presenting the hottest new tracks for an audience of preferably women 18-54.

“I may still be bound by solicitor-client privilege about SNC-Lavalin, but when it comes to the latest music and Hollywood gossip, I can dish dish dish,” JWR joked about her new job. She takes over at midnight starting tonight. “The only pressure I’ll be feeling is the need to get you the sickest beats and not to swear on the air!”

She will be joined by regular contributor Jane Philpott, for a segment called “Jody and Jane’s Juicy Judgments,” where they will talk about celebrity fashions and poor life choices. Though she said she’d take a more human approach than what you might usually hear. “I know what it’s like for anonymous people to talk about you in the media.”

“Anyway, it’s gonna be a hoot,” Wilson-Raybould said. “We’re going to have so much fun, and I can’t wait to connect with our audience.”

MTL Blog to put up paywall

Saying it is not immune to the economic crisis affecting professional journalism outlets around the world, MTL Blog announced this morning it will be putting its award-winning news and lifestyle content behind a paywall and charging visitors $20 a month to read it.

“We understand some of our most loyal fans will be disappointed by this news,” said co-founder Chuck Lapointe, “but we need their financial support to fund our important work into stories like the recent Verdun hostage crisis and our exhaustive list of best Churros in the city. It takes many minutes to write up these stories.”

The paywall will apply to news stories, news listicles and news stories about listicles. Sponsored content will remain free.

TL;DR MTL Blog is putting up a paywall