The Canadian Association of Broadcasters (CAB) has raised the red flag to the CRTC on CBC/Radio-Canada’s requested programming flexibility in its intervention on the pubcaster’s broadcasting licence renewal proposal.

The trade association – which represents the interest of the nation’s private broadcasters – kicked off six-days of intervention presentations at the virtual hearing yesterday (Jan. 18) with remarks from president Kevin Desjardins.

CAB’s main concern is how CBC’s proposed flexibility on programs of national interest (PNI) to encompass traditional linear and digital platforms places the pubcaster in a position to be “market-driven rather than mandate-driven.”

In its licence renewal proposal, CBC has asked the CRTC to lower its current linear primetime minimums from nine to seven hours and put in place a 10-hour minimum between linear and digital.

The association argues that as a public broadcaster, CBC’s role is not to compete with the private sector, but to create programming that serves public interest, especially at a time when private broadcasters are already feeling the financial strain from reduced advertising revenue, cord cutting and increased competition from foreign streaming services.

CAB has also argued against CBC becoming exempt from expenditure requirements that have been given to private broadcasters’ condition of licence to replace their previous exhibition requirements

“It’s a matter of striking a balance of fairness between what exists for private broadcasters and what should exist for the public broadcaster,” said Desjardins. “For us, there’s concern when there’s discussion about spreading exhibition requirements over platforms that are currently exempt from regulation… on that level it’s important for us to see that there are expenditure requirements that compel them to make sure they’re [fulfilling] their mandate and obligations.”

The intervention, which was filed roughly a month before the COVID-19 pandemic was declared, recommends that CBC’s broadcast licence maintain its exhibition requirements. In addition, CAB asks for the CRTC to introduce expenditure requirements based on three-year historic spend to match what is currently asked of private broadcasters. Other recommendations include prohibition on acquiring or commissioning programs based on foreign formats, such as Family Feud; prohibition on acquiring foreign programming, unless commissioned by another public broadcaster; and requiring that coproductions involve at least one other public broadcaster.

The presentation comes after CAB filed a request for regulatory relief for Canada’s private broadcasters, in which it proposed “deemed compliance,” asking for any shortfalls in programming spend in 2019/20 to be written off.

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