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CRTC New Media Hearing: The Three Battleground Issues

By Michael Geist

Friday was the deadline for written submissions to the CRTC's New Media hearing and the Commission has already posted filings from nearly 100 individuals and organizations.  While there are some noteworthy side copyright issues (the CMPDA - the Canadian arm of the MPAA - is concerned that dropping the new media exception would bring back iCraveTV and the legality of Internet retransmission, while CRIA implausibly argues without any evidence that "one of the factors that has significantly restricted legitimate Canadian broadcasting content being delivered and accessed over the Internet is the proliferation of unauthorized file swapping and downloading"), the real fight in the February hearings will come down to three issues:

1.   The ISP Levy.  Several creator groups unsurprisingly argue for a new levy on ISP subscribers to fund the creation of Canadian new media.  ACTRA assumes the lead role in this regard, seeking 3 percent of ISP broadband revenues and 0.6 percent of wireless service provider revenues.  The proposed levy is opposed by many groups including telecommunications companies and the Competition Bureau.  The telecom companies include a paper written by MIT's David Clark and William Lehr and Rogers offers a rebuttal from Suzanne Blackwell and a legal opinion from Faskens.

2.   The New Media Regulatory Exemption.  Many submissions call on the CRTC to continue the regulatory exemption for new media, including the wireless industry, Google, telecom industry, the NHL, and the broadcasters.  On the other hand, ACTRA and SOCAN lead the charge for a new, highly regulated Internet.  SOCAN's vision is astonishing, calling for at least 51 percent Canadian content requirements for Canadian commercial websites.  ACTRA calls for full Cancon rules for new media and wants the CRTC to licence new media undertakings, arguing that "the Commission should also require that those who are making programs available from Canada, through the Internet or to mobile receiving devices, for viewing at a time and place chosen by the user be licensed."  Note that ACTRA also believes that user generated content should regulated under the Broadcasting Act.

3.   Net Neutrality.  The link between new media and net neutrality has clearly resonated with a large number of groups.  While the telecommunications companies do not touch the issue, many groups express concern about a non-neutral Internet.  These include ACTRA, CIRPA, the Canadian Music Publishers Association, the Canadian Conference of the Arts (which argues that the New Media hearings should be delayed to coincide with the net neutrality hearing), Stornaway Communications, and Pelmorex Media.

Full post as published by Michael Geist on December 08, 2008 (boomark / email).