OTTAWA — The CRTC introduced new restrictions on cross-media ownership on Tuesday that allow owners of private, over-the-air stations to also hold only one radio station or one local daily newspaper in the same market. The new regulations also spell out that the regulator will not approve future mergers that would result in a conventional broadcaster controlling more than 45% of the total television audience share in a market.

‘It is an approach that will preserve the plurality of editorial voices and the diversity of programming available to Canadians, both locally and nationally, while allowing for a strong and competitive industry,’ said CRTC chair Konrad von Finckenstein in a statement.

The regulations were rebuked by both the Canadian Association of Broadcasters and several media unions, including the Communications, Energy and Paperworkers Union and the Canadian Media Guild, but for entirely different reasons.

CAB president and CEO Glenn O’Farrell was particularly perturbed with the new 45% restriction, complaining that the limit was never debated during the ‘Diversity of Voices’ public hearings held in September in the lead-up to the new policy.

‘New initiatives have to be properly debated. We are encouraging the commission to do what it normally does — to seek comment on a policy before it comes into place,’ he told Playback Daily. ‘This doesn’t contribute to the transparency of the regulatory environment.’

The 45% audience share restriction doesn’t apply if a broadcaster grows its existing assets beyond that amount.

During the hearings, the CAB, along with Shaw Communications, CTVglobemedia, Canwest and others argued no new rules were needed since media consolidation had brought an increased diversity of voices in Canada. The private broadcasters argued that mergers of concern should be dealt with on a case-by-case basis, while von Finckenstein continually pressed for concrete benchmarks.

O’Farrell says ‘the regulatory framework that was in place remains relevant and has produced the diversity that exists today.’

Current rules that restrict a broadcaster from owning more than one over-the-air station in one language in a market will remain in place.

The new rules also prevent cablecos and satellite TV distributors from merging if it would result in one distributor effectively controlling delivery of programming in a market. During the hearings, smaller independent broadcasters such as Pelmorex, Stornoway Communications, APTN and Channel Zero argued that some broadcast distributors were hindering diversity in the country by refusing to carry their channels.

The new cross-media ownership regulations don’t currently affect any broadcaster. CTV owns a conventional TV station, radio holdings and The Globe and Mail in Toronto, but the latter is a national paper (as is Canwest’s National Post) and the rules only apply to local dailies. Therefore, the Canadian Media Guild and the CEP contend the new rules don’t go far enough.

‘The commission has taken the smallest step possible to limit local media ownership concentration, while allowing, in some areas, increased concentration,’ said CEP VP of media Peter Murdoch. ‘The new policy does nothing about media empires that currently have a stranglehold on some large markets, such as Vancouver, or about what happens on a national level.’

Canadian Media Guild president Lise Lareau said the CRTC ‘is preserving the current unacceptable levels of concentration and is not even adopting meaningful measures to stop it from getting worse.’

The CRTC also upheld its 10% rule for benefits packages and said it expects broadcasters to draft or sign terms of trade agreements with independent producers as part of their upcoming licence renewals.

The commission went as far as to say if this did not occur, it ‘may choose to arbitrate the negotiations’ to develop terms of trade.