Ahead of the PPV licence renewal process this fall, the CRTC is calling for public comment on a range of issues related to the TV service.
Putting everything on the table from PPV Cancon regulations to promotion of Canadian film, the regulator is looking to review not only standard licensing issues, but update PPV regulation in light of increasing competition from VOD services on terrestrial BDUs, OTT services and Category C services.
The issue was last reviewed in 2008 and again in 2010, when the CRTC determined that while VOD and PPV undertakings operate in similar regulatory environments in several key ways – namely that they are on-demand services and could potentially be treated as one class of service going forward – the frameworks should be maintained separately, because the services were diverging in terms of programming content and function.
In this review, the Commission looks to use the 2010 VOD framework as a baseline with which to update the PPV licensing framework.
Comments to the regulator can be submitted by March 12 on the following:
Canadian content exhibition requirements: Currently, PPV licence conditions require that English- and French-language services maintain minimum levels of Canadian content in each broadcast year, and the Commission is asking for comment on whether the minimum levels are still suitable, and what the appropriate method of measuring the Canadian content levels in PPV services should be.
Promotion of Canadian titles: VOD licensees aren’t subject to the same PPV requirements that English- and French-language Canadian feature films are scheduled, repeated and promoted in the same manner as non-Canadian feature films. VOD licensees instead ensure 25% of the titles promoted each month on their barker channel are Canadian titles, which the regulator suggests may be a better method of promotion for Canadian content.
Contribution to Canadian programming: The Commission is requesting feedback on whether the current requirement for PPV services to contribute 5% of their gross annual revenues to an independently-administered production fund or to the CMF is still relevant and appropriate.
Support for Canadian feature films: PPV and VOD licensees must remit 100% of gross revenues earned from exhibiting English-language Canadian films to their rights holders, but VODs are also authorized to exclude the amount remitted to Canadian feature film rights holders as revenue for the purpose of calculating contribution to a production fund. The Commission is requesting comments on whether the approach for VOD services is also appropriate for PPV.
Licensing criteria: The current licence condition criteria – originality of programming concept, financial viability, ownership and control, marketing strategy, contribution to the Canadian production industry, impact on existing services and carriage distribution – may no longer be appropriate based on the role, distinct from VOD and other services, that PPV services play in the Canadian broadcasting system.
The regulator also seeks comments related to issues of content packaging, access to the distribution platform, linkage, advertising and implementation of the accessibility policy.
The intent is to complete the review of the PPV services framework before fall 2012.