Monthly Archives: November 2020

| Radio

Sean Henry to replace Mike Finnerty as CBC Daybreak host

Sean Henry (CBC photo)

CBC this week finally revealed that Mike Finnerty is leaving as Daybreak host, a month after the job was posted to replace him. This morning, Finnerty announced on the air that his permanent replacement will be Sean Henry, who currently hosts the late-night local newscasts on CBC Television.

Henry has been with CBC for 15 years now, first at CBC Windsor then in Quebec since 2012. Before that, he worked for Global Quebec and 940 News.

I know of Henry only in passing, but he’s a solid broadcaster, and most people will tell you that he’s one of the nicest people they know with a strong sense of humour. That should serve him well, as it did Finnerty.

Henry takes over in January, after a few more weeks hosting the TV news. Rebecca Ugolini will sit in as interim host until then.

| Radio

TSN 690 asks CRTC to reduce quota for local programming

UPDATE (Feb. 12, 2021): The CRTC has rejected the request.

In 2013, when Bell Media acquired Astral Media, it made a promise: In exchange for keeping TSN 690 as a fourth English Montreal radio station, one more than what would usually be permitted under the CRTC’s common ownership policy, it would commit to keeping the station running as a sports talk station, a format that has earned CKGM a small but loyal audience over the previous decade.

On the last day of the CRTC hearing on the (second) application to acquire Astral, Bell also agreed to a commitment, proposed by commission chairperson Jean-Pierre Blais, that TSN 690 maintain its 96 hours a week of local programming:

7775   THE CHAIRPERSON (Jean-Pierre Blais): Okay.

7776   So now I’m going to go even further down the road of analysis and we are obviously in the option of an approval and then there are some issues that we need to tidy up.

7777   On CKGM, how many hours of local programming are there? Could somebody give me that?

7778   MR. GORDON (Chris Gordon, head of radio and local stations for Bell Media): I believe it’s 96 hours of local programming.

7779   THE CHAIRPERSON: And would you be able to accept — how would you react if we imposed that as a condition of license on that service?

7780   MR. GORDON: We would accept.

7781   THE CHAIRPERSON: Okay.

When the CRTC approved the sale, in which Bell would acquire CJAD, Virgin Radio 95.9 and CHOM 97.7 from Astral, it required Bell to change TSN 690’s licence to impose requirements including that local programming quota (which is not standard for AM radio stations). As of January 2014, TSN 690 has had the requirement as part of its licence.

With the licence up for renewal (it was supposed to expire in August, but the CRTC has pushed that to Feb. 28), Bell has decided the 96-hour requirement is too onerous and wants it reduced.

That application has been posted separately as a request to amend the station’s licence.

“With respect to local programming, to the best of our knowledge no other commercial AM station has a set number of local programming hours or even a local programming requirement,” Bell Media writes in its application, glossing over the reason why this special requirement was imposed in the first place. “Indeed, the Commercial Radio Policy only provides that for an AM station, local programming requirements will be considered on a case-by-case basis. Furthermore, as set out in the Commission’s standard conditions of licences that apply to licensees of all commercial AM and FM stations, FM stations are only required to air a minimum of 42 hours of local programming during any broadcast week in order to solicit or accept local advertising.”

Bell instead proposes that CKGM’s local programming quota be reduced from 96 hours a week (averaging 13.7 hours a day) to 63 hours a week (9 hours a day).

TSN 690 says it currently broadcasts local programming generally from 6am to midnight on weekdays, plus 6-10 hours on weekends, particularly weekend mornings. It’s unclear how this would change under a reduced quota.

Bell says the main reason it wants to cut its minimum local programming quota is so it can air more non-local live sports programming, like NFL games, Blue Jays games, IIHF tournaments and NHL games that don’t involve the Montreal Canadiens.

It gives an example of a situation where that quota prevented it from airing an important sporting event:

A recent example of this situation was the NHL’s 2019 Stanley Cup Final between the Boston Bruins and the St. Louis Blues in June of this year. As a result of airing the NBA Finals between the Toronto Raptors and the Golden State Warriors during the same broadcast week, CKGM did not have the flexibility to also air game seven of the Stanley Cup Final as this would have put that week’s 96 hour local programming requirement in jeopardy. Instead of airing the NHL game — a highly attractive program offering for our audience — CKGM aired repeat local programming, thereby depriving CKGM’S NHL fans of live coverage of one the most important sporting events of the year.

Bell also says lowering the quota would mean airing more Blue Jays games (from less than 50 per season to more than 70).

It sounds reasonable, maybe, but you could imagine the worry that Bell would simply produce less local programming if given this additional flexibility. TSN 690 is not a money maker and I’m sure Bell would be happy to save a few dollars in the evening when it can just run content from elsewhere.

On the other hand, set the conditions of licence too high and Bell could decide it’s not worth the trouble and just shut the station down.

I tried asking Bell for an interview about the programming plans for the station, but the response I got back was this:

We have no comment beyond the application.

The application (#2019-0857-6) is posted here and accepts comments until 8pm ET on Nov. 30. You can file comments here. Note that all comments sent to the CRTC become part of the public record, including contact info.

| Media, Radio, TV

What’s in the proposed new Broadcasting Act

The federal government has tabled legislation to rewrite the Broadcasting Act. Bill C-10 has a long list of amendments that change wording in the act and it’s a bit confusing to get through. So here’s a list of what’s actually in the bill (based on my Twitter thread from yesterday):

  • Creates a new definition of “online undertaking” meaning “an undertaking for the transmission or retransmission of programs over the Internet for reception by the public by means of broadcasting receiving apparatus” — in other words, an online broadcaster, using the same vague wording as for traditional broadcasters but presumably including services like Netflix, Amazon Prime Video and YouTube. Such “undertakings” would not need to be licensed to operate, nor would they pay fees to the CRTC, but the commission can regulate them, impose Canadian content or funding obligations, and demand information including confidential financial information.
  • A specific exemption for content posted to a “social media service” that excludes such content from the definition of broadcaster for the purpose of the act.
  • Gives the CRTC the power to impose fines on broadcasters. Currently, the commission cannot impose “administrative monetary penalties” on broadcasters like they can on things like spammers. They’ve gotten around this by imposing additional financial contributions as conditions of licence when licenses are renewed. With this change it could impose fines directly, up to $25,000 for a first offence or $50,000 for subsequent ones, for a specific set of reasons.
  • Explicitly state that the broadcasting system serves all Canadians, “including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds, socio-economic statuses, abilities and disabilities, sexual orientations, gender identities and expressions, and ages.” The CRTC already respects these values, so it probably won’t change anything, but specific reference to things like sexual orientations could be cited in discussions of setting new policies or court challenges to CRTC decisions.
  • Explicitly mention news. Right now the act only mentions obligations to news for the CBC specifically. The new act would say that programming provided by the entire system should as a matter of policy “include programs produced by Canadians that cover news and current events — from the local and regional to the international — and that reflect the viewpoints of Canadians, including the viewpoints of Indigenous persons and of Canadians from racialized communities and diverse ethnocultural backgrounds.”
  • Eliminate the seven-year maximum length of licenses. The CRTC has already started reducing licence terms, generally five years now for TV licenses. Under the new act, they could set unlimited terms but also wouldn’t have to wait five years to make changes to licenses.
  • Codifies how the CRTC deals with confidential information, including explicitly allowing it to share said information with Statistics Canada and the Competition Bureau.
  • Give the government more time to overturn CRTC decisions related to awarding, renewing or amending licences or referring them back to the commission for reconsideration. The 90-day deadline would now be 180 days.

And some minor changes:

  • Change the procedure for orders from the government. Instead of being referred to a House of Commons committee with a 40-day notice, the orders would need to be published and have a 30-day notice.
  • Moves article 9(1)h of the act, which gives the CRTC the power to require distributors carry certain programming, to a new section, requiring several amendments to other laws that reference it.

If that seems like it’s not that much and very unspecific, that’s true. The act only gives general policies and creates legal powers. A lot of the more interesting stuff related to policy will be done through a policy direction to the CRTC, which the minister says will be done once the amendments to the act are passed. There are also other bills to come including amendments to the Copyright Act.

Then, the job of interpreting the new policy and actually setting new regulations will be up to the CRTC.

Among the things we don’t find in this bill:

  • Changes to copyright law, or anything that would change how Google and Facebook deal with content
  • A better definition of broadcasting that would make it clear what is regulated and what is not
  • A definition of social media that would let us answer if, for example, YouTube is a social media platform or if it’s both social media and an online broadcaster depending on content
  • Anything new regulating social media
  • Any policy direction to the CRTC
  • Any substantial changes to how traditional television and radio is regulated
  • Any change to the CBC’s structure or mandate
  • Any consumer protection measures
  • Any measures related to sales taxes for online broadcasters

Compared to what was recommended in the Broadcasting and Telecommunications Legislative Review panel report in January, it’s not quite as bold, but there are several elements in there, including the most important one giving the CRTC the power to regulate online media (though the commission would have argued that it already had that power).

Now we’ll see what terms the CRTC set for Netflix et al, and if they’ll agree to them.