Monday, February 23, 2009

Parsing the CRTC: Say 1 to 1, or "Control" Again and I'll Throttle Ya!

I AM POSITIVELY queasy about the fact that I'm writing about the CRTC again. But here we go.

An unfortunate and persistent side effect of the times that we live in is that activism finds itself up against money, all the time. In the current hearings going into whether the CRTC will assert any jurisdiction over televised content over the internet, lobbyists for broadcasters and cable types blanketed the commission for months.

Currently on Twitter, if you search the comments regarding the CRTC, you won't see as many tweets about "keep your hands off the net" or "stop trying to control the net!" as you did a few days ago -- but they're still there.

The truth is that these are only the first set of hearings this year that will be dealing with the internet. And here's where the wisdom of the mob breaks down. Many of the same people who are currently crying that the CRTC should do nothing, and keep your hands off the net, are going to be arguing in a few weeks that the CRTC do something about net neutrality.

Well, folks, that's a load of bullshit. Either you're for free expression on the net or you're not. Either the CRTC has regulatory authority here, or it doesn't. Either you're with the corporate agenda of the Bells and the Rogers or you're not. Things are being decided in a windowless rooom in Gatineau. They will affect you. It's time you put down the tweet deck and read a few articles first.

Here's something else: the same artists and "arts groups" (not cultural workers or industry representatives, because that would make it sound like, um, you know, we were taxpayers or stakeholders or something) that are currently arguing for support are going to be the same people on your side in a few weeks when all that talk about "net neutrality" comes down. They're fighting for a place at the table. And your interests align with them -- not with Rogers, Bell, and the other ISP's. Just saying.

The other thing that came up last week was the potential change to the licensing requirements for OTA broadcasters. The CRTC has signalled that they're going to renew everyone for a year, and then when the hearings resume, they want broadcasters to present as a group. So over the air channels and specialty channels will be renewed at once. This is a good thing because it will hopefully put an end to the semantic games where people claim their channels are in the toilet, when the reality is that the viewership has largely shifted to other properties they own anyway.

Now, the other piece of info that was buried in that little call to action was the commission's idea that maybe for a year they would require a 1 to 1 spend on foreign to domestic programming.

This is an attempt to subtly reframe the debate that is going to require vigilance from the cultural industry.

The reality is when you talk about "foreign" spending versus "domestic" spending, it changes things. The ratios aren't that far apart. That's because "Domestic" spending includes things like local programming, news, and sports programming -- stuff that you can't exactly buy elsewhere. Believe me, if the Calgary Global affiliate had found a way to buy local Calgary news from L.A., they would have done it by now.

What's good about this from a broadcaster and commission point of view is that maybe, just maybe, you can kick up a catfight between those who are worried about local news, and the cut in spending and jobs there, and sports fans, and those who want spending on drama and comedy to be increased. You know, those programs that Vice Chair Arpin would rather read a book than watch.

Make no mistake. The place where the spending has gotten out of control in the last few years is foreign -- mostly American -- scripted programming. Ten years ago they spend 6 dollars on American shows for every dollar they spent on homegrown. That went up to 12 to 1 in the last few years. In the last year it's ticked up a bit -- more like 9 to 1 -- because the license renewals were coming up, and the broadcasters always spend more to pretty up before they have to traipse up before the commission.

The battle in these cases is always "How do you define the issue?"

The ISP's so far have been really good at throwing down a smoke bomb, and saying they're "fighting for your rights" in the fight against creating any sort of content fund. In a few weeks, you'll see how much they're fighting for you as they patiently explain why they should be able to prioritize sites, shape your traffic, and control -- there's that word -- what you can and can't do with your internet service.

And down the road, when everyone starts talking "1 to 1" -- we have to all be vigilant and say, "isn't this really about what we get to see on TV? " What good is it having only the same shite we see on the U.S. channels? Who cares if they're on a Canadian or US channel at that point?" Maybe point out that all those specialty channels they bought that are supposed to be showing History or whatever just shovel the same old reruns. That Showcase is NOT a better channel just because it's one more place for House and CSI reruns.

A lot of the younger, wired people will quibble because they look at CanCon alternatives and see shows that they don't watch. I know I haven't had a whole lot of success talking to twenty-one year olds about Corner Gas. But if you want a cutting edge show like they have in Britain, say...if you want your own Mighty Boosh or maybe a shot at a Canadian Robot Chicken, this is why it's your fight, too.

Someone gets to define the future. Is it you? Or the people who've benefited so clearly from the past?

9 comments:

Unknown said...

I'll admit my knee-jerk response to this is like my reaction to the blank media levies. Will there be a way I can apply for zero-rated internet?

So far, your comparison to cable companies claiming to be "just a pipeline" is the closest anyone has come to showing me a perspective where this idea makes sense.

But basic cable gets me X channels, and then I pay extra for access to additional channels. So it's very explicit that they are selling the content. A requirement for net neutrality would prevent ISPs from adopting the same model.

So I don't think it's necessarily hypocritical that people objecting to the CRTC treating the internet like cable will turn around and ask for the CRTC's help to make the ISPs stop acting like cable.

DMc said...

Now you're engaging in the old style thinking.

Let go of the "cable" and "non-cable" definitions. That's why the CRTC put the broadcasting-related internet stuff first. Start from where it's most alike and port out.

The way these things always go -- whether it's a BDU or a Broadcaster or an ISP -- is from a position of "you shouldn't regulate us and we owe nothing" to an understanding of, "Okay, here's how we're going to protect the consumer with this essential service, and here's what you owe for being part of the broadcast system."

The definitions and functions are all different and imperfect, but the point these things start from is always the same:

"we owe nothing"
"we should be able to do whatever we want."

Since even the USA has seen the perils of that kind of thinking lately, I'd dare say that keeping the CRTC honest here means doing what's best for the economy at large and consumers.

But that won't happen if the spinmeisters get you to agitate against your own best interests.

Unknown said...

God, I'm confused. I miss rabbit-ears.

Elize Morgan said...

The ISP's so far have been really good at throwing down a smoke bomb, and saying they're "fighting for your rights" in the fight against creating any sort of content fund.

Content creation as a fee isn't actually proposed to be incredibly taxing, anyways, and it's been implemented well in Britain (in relation to cable), so personally it makes more sense to see the fee come in (rather than the fear of tiered internet access which is seemingly where corps are hoping to get to... which I find problematic.).

Unknown said...

"...for being part of the broadcast system."

Maybe that's what the internet geniuses are reacting to. They thought they were on a magical computer network for arguing about Star Trek, and then someone comes along to say, "well, this is a very nice 'part of the broadcast system' you've got here." Because the other parts of the broadcast system have been going so swimmingly.

And yes, the ISPs are mostly run by big telecoms who will screw me over any chance they get. And you preemptively called out frikkin geniuses like me, yet I couldn't help posting my gut reactions to the basic premise. So as a peace offering, some Canadian Content we can all enjoy:
A Part of Our Heritage

DMc said...

I've seen that bit before, and laughed the first time. It really does echo the earnestness of the original minutes.

Now how would we ever explain to the good souls who created those why for many of us, Drunk History is funnier and more informative?

I don't know. But I think that dialogue has to take place.

You have a bit of the old Marlon Brando Wild Ones "What are you rebelling against/Whaddya got?" action to you in this, and I'm not sure where that comes from, but hey...about five years ago I didn't give a toss what the CRTC did. I've seen and read a lot since then.

I refuse to be one of those who wades in a few feet and then throws up hands and says, "a pox on both your houses." I think that's an easy dodge.

I take heat for speaking up. I put myself in the line of fire, and for all I know I lose jobs. And I still think it's worth it.

I got a deal for you. Read up on the WGC proposal as presented tomorrow. Come back, and let's discuss that.

Paul said...

Either you're for free expression on the net or you're not. Either the CRTC has regulatory authority here, or it doesn't. Either you're with the corporate agenda of the Bells and the Rogers or you're not.

Being opposed to any levies or taxes on internet, while still being pro-open-internet is hardly the inconsistent viewpoint that you make it out to be. One isn't obliged to support either the media-overlords or the telecom-overlords.

The word you're looking for is competition. An open net allows for a competitive market. A de-regulated content industry allowed for a competitive market. Any regulation on new media should be focussed on encouraging the marketplace, rather than restricting it.

A tax on net access would only entrench the status quo of media interests. The whole beauty of an open net (i.e. one that Rogers and Bell can't tell you how to use) is that it allows for massive change. You're suggesting that we tax the lightbulb manufacturers to keep the candle industry strong.

DMc said...

It's funny how those who claim to be arguing that the arts groups are backward looking rush so quickly themselves to fall back on tired canards and cliches.

First, the inconsistency is not what you point out. The inconsistency from Twitter nation is the flood of "don't tax the net/the CRTC has no jurisdiction/hands off the net!" to what will presumably be "Stop The throttlers!" from the same people, in a couple weeks.

Either you recognize the CRTC's jurisdiction in this area or you don't. Whether or not to impose an ISP levy is a practical matter. If you argue the CRTC is overstepping, then I fail to see how you've strengthened their position going forward into net neutrality. Period.

Perhaps this is the first time you've had your interests line up with the regulatory mindset in this country, but I would like to strongly question what kind of "free market" with "competition" you're talking about?

Canada has always been a managed capitalist economy, with a not completely free market. Even the attitude toward the spectra of frequencies here has charted a different path than in the USA. Unfettered free market has NEVER reigned in communications in this country, ever. Going back to when communications was the railroad -- also built with government incentive money, BTW.

If the CRTC, or the government decided to implement this Polyanna "wide open competative" playing field you think is the answer, it would, in fact, represent a massive change in Canadian corporate, economic, communications, and broadcasting policy.

And finally, since cheap shots seem to be mandated at least once a post on this subject: you really want to fly the freak flag of "de-regulation" now? That's your standard bearer going forward?

Well good luck with that.

Paul said...

DMc, thanks for the response. Given that I come to this debate from a technology background, I find it quite helpful to hear a media perspective.

I agree with you that clearly "the CRTC has no jurisdiction over the internet" and "the CRTC should mandate a neutral internet" are inconsistent arguments. If that was your original point, then I apologize for knocking down a straw man. However, that's not true for "don't tax the net" and "mandate a neutral internet." Like I said, that's not a jurisdiction issue, that's a principles issue.

I'm certainly in favour of Canadian-style regulated marketplaces. We've seen far too many free market failures for anyone to seriously accept Ayn Rand-style unfettered capitalism. The problem in Canada is that there is barely a market to regulate. I don't want a libertarian's paradise, I want some minimal level of competition. I'm not pro-capitalism, I anti-oligopoly. For example, consider the cellular market in Canada. We only have one GSM carrier, and some of the most expensive plans in the industrial world. Coincidence? What I'd like is regulation that encourages interoperability and "freedom to innovate." Regulation that would hopefully lead to increased competition and lower prices.

Too be honest, I'm not even sure that a tax going into a fund is the wrong approach. I'm skeptical though. Looking to the past, does Canada really have an effective history of collectives? Do we really want another CPCC or Access Copyright? Is there any way to accurately allocate funds without privacy-invasive usage tracking? Would the benefit justify the costs? If we just wait 10 years, will the industry modernize itself and not need any government money? Why not wait and let other countries try different solutions, and see what works and what doesn't?