If Canadian broadcasters were capable of producing a decent drama, this would have the makings of a pretty good pilot: “In a world turned upside down . . . as an empire lies in ruins . . . the name of the game is survival. One man has the power . . . to decide who lives, who dies, and who pays. They call him . . . The Commissioner.”
Naturally I’m referring to the industry’s own abundant troubles. By now you will have heard and read a great deal of the losses the networks are suffering, the jobs that have been cut, the stations that have been closed. And, these being broadcasters and this being Canada, it will have been impressed upon you that the solution to the industry’s woes lies in the hands of the Canadian Radio-television and Telecommunications Commission, and its chairman, Konrad von Finckenstein.
For his part, the chairman has been sympathetic. The industry’s business model, he declared in a recent speech, is “broken,” torn apart by the combined destructive force of the global economic downturn, the fragmentation of the audience among competing channels, and the rise of the Internet. He has promised to respond with what the commission evidently regards as quite reckless speed. Special hearings are promised for later this month, at which the broadcasters will be awarded temporary licences on one-year terms instead of the usual seven—plausibly enough, since it’s not clear any of them will be around much longer than that. Indeed, at least one, Canwest Global, may not even make it as far as the hearings. Further hearings are scheduled for this summer to set the terms of licence for the longer run, with yet a third set of hearings next April to focus on . . . whatever’s left.
But it’s clear we live in revolutionary times. As the commissioner has observed, the crisis means “we have an opportunity and an obligation to rethink our traditional assumptions.” It is time, he said, to step forward with “bold and creative ideas.” So far these have included more money from the government—a new $150-million fund, perhaps, on top of the $60-million Local Programming Improvement Fund, on top of the $285-million Canadian Television Fund, etc.—or better yet, more money from the cable and satellite industries, for carrying their signals: fee-for-carriage, as it’s known in the trade.
In the spirit of free inquiry and blue-sky thinking, then, allow me to make a truly radical suggestion: let broadcasters show programs that people want to watch. I know, that’s a lot to digest, but what the hell: while we’re at it, let them charge the cable companies for their signals if they like—but let the cablecos choose whether they wish to carry them. And let consumers decide whether they wish to subscribe to them.
In place of the tight corset of regulation in which the industry is currently confined, where consumers must pay for channels the cable companies must carry showing content the broadcasters must make—a vast, roundabout system for transferring income from consumers via the carriers to the broadcasters to television producers—just let viewers watch what they want to watch, broadcasters show what they want to show, cable and satellite providers carry what they want to carry.
Okay, baby steps. For now, let’s just deal with Canadian content quotas. If the industry’s crisis is as existential as everyone says it is, and if we’re as liberated to rethink traditional assumptions as the commissioner says we are, then it is worth discussing whether the industry should still be required to devote 60 per cent of its broadcast day, and 50 per cent of its evening schedule, to Canadian programming. To be sure, the industry has many other issues on its plate than just CanCon. But the constraint is clearly binding: the regulations exist because broadcasters, given a choice, would rather show other programs—because viewers, given a choice, would rather watch other programs. And to the extent that broadcasters are prevented from showing the programs viewers would prefer to watch in favour of the programs the commission would prefer they show, that’s a cost to the broadcasters—a point von Finckenstein has conceded by offering to temporarily relax the requirements at this month’s licence hearings.
Yet it’s clear that, nearly 50 years after they were first introduced, CanCon regulations remain an integral part of the commission’s vision for broadcasting’s future. Even the advent of the Internet, and the blurring of the line between conventional TV and “new media,” has only prompted it to muse about regulating the Net. This, despite the policy’s enduring failure even to define what it is trying to achieve, let alone actually achieve it.
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