Satellite
Radio Appeal
On 16 June 2005
, the Canadian Radio-television and Telecommunications Commission
(CRTC) announced approval for three licenses to operate satellite
subscription radio services, along with the establishment
of a licensing framework for such services.
In response, on 2 August
2005 , a broad coalition of groups, including the CCA, launched
a petition to the Governor in Council asking for a reversal
of the CRTC decisions on the licenses granted to Canadian
Satellite Radio Inc. and SIRIUS Canada Inc. http://www.friends.ca/Resource/briefs/policy08020501.asp
The petition's main
argument was that the vast majority of the actual content
on these new services would be foreign, and that this represented
a direct violation of Canada 's Broadcasting Act.
The CRTC's deviation
from the broad policy objectives of the Act becomes clear
when one reads Section 3(1) of the Act. Section 3(1) states
that our broadcasting system is, "a public service essential
to the maintenance and enhancement of national identity and
cultural sovereignty", and that it serves to "safeguard, enrich
and strengthen the cultural, political, social and economic
fabric of Canada ". More specifically, it is mandated to "encourage
the development of Canadian expression", reflect "Canadian
attitudes, opinions, ideas, values and artistic creativity",
display "Canadian talent in entertainment programming", and
offer "information and analysis . from a Canadian point of
view".
The Act goes on to
state that "each element of the Canadian broadcasting system
shall contribute in an appropriate manner to the creation
and presentation of Canadian programming" and that "each broadcasting
undertaking shall make maximum use, and in no case less than
predominant use, of Canadian creative and other resources
in the creation and presentation of programming . ".
The coalition petition
also argued that the two licensees failed to make an adequate
commitment to French-language, multicultural, ethnic minority,
or Aboriginal programming, as required under the Act. It also
noted that the CRTC decisions contradict Canada 's commitment
to the UNESCO convention on cultural diversity, which the
CCA has strongly supported through its work with the International
Network for Cultural Diversity (INCD).
The coalition represents
a wide range of interests including creators, songwriters,
composers, radio dramatists, performing and recording artists,
music publishers, and producers of sound recordings.
The signatories to
the petition, many of whom are CCA members, included:
• Alliance
of Canadian Cinema, Television and Radio Artists (ACTRA)
• American
Federation of Musicians ( Canada ) (AFM)
• Canadian
Auto Workers (CAW)
• Canadian
Film and Television Production Association (CFTPA)
• Canadian
Independent Record Production Association (CIRPA)
• Canadian
Labour Congress ( CLC )
• Communications,
Energy & Paperworkers Union (CEP)
• Directors
Guild of Canada (DGC)
• Friends
of Canadian Broadcasting ( FCB )
• National
Campus & Community Radio Association (NCRA/ANREC)
• Society
of Composers, Authors and Music Publishers (SOCAN)
• Songwriters
Association of Canada (SAC)
• United
Steel Workers (USW)
• Writers
Guild of Canada (WGC).
The coalition was not
alone in its effort to get the two controversial CRTC decisions
reversed. Another coalition of French-language cultural groups
was equally vociferous in its condemnation. This group, many
of whom are also member organizations of the CCA, filed a
separate appeal. In part, their appeal was based on objections
to how the decisions would effect Canadian content and broadcast
service for French-speaking citizens. This coalition included:
• Association
québécoise de l'industrie du disque, du spectacle
et de la video (ADISQ)
• Association
des professionnels de l'édition musicale (APEM)
• Association
des producteurs de films et de télévision du
Québec (APFTQ)
• Association
des réalisateurs et réalisatrices du Québec
(ARRQ)
• Guilde
des musiciens et musiciennes du Québec (GMMQ)
• Société
des auteurs de radio, télévision et cinéma
(SARTEC)
• Society
of Composers, Authors and Music Publishers of Canada (SOCAN)
• Society
for the Reproduction Rights of Authors, Composers and Publishers
in Canada (SODRAC)
• Société
professionnelle des auteurs et compositeurs du Québec
(SPACQ)
• Union
des artistes (Uda)
As a result of this
pressure, Minister of Canadian Heritage Liza Frulla referred
the appeal to Cabinet. After a great deal of media attention,
intensive advertising campaigns, and some minor concessions
by Canadian Satellite Radio and SIRIUS Canada, a committee
of Cabinet finally decided, on 9 September, to refuse the
appeal, and the original CRTC decisions in support of CSR
and SIRIUS were upheld.
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