Sun News Response to Interventions CRTC 2012 0687 1

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    A Response to Interventions

    Reerence #2012-0687-1

    Submitted Mar 18, 2013

    CanadianTvFirst.ca

    1

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    CanadianTvFirst.c96o original Canadian television content/hours week

    Sun News Network produces

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    Table Of Contents

    1. Introduction ................................................................................. .................

    2. Canadas Broadcasting Act .....................................................................

    3. Strong Role For The CRTC ......................................................................

    4. 9(1)(h) as a Last Resort ..............................................................................

    5. Does Sun News Qualify for 9(1)(h)? ....................................................

    6. Move to Digital ............................................................................. ..............

    7. A Radically New Market.........................................................................1

    8. The CTV News Channel Licence ........................................................1

    9. Where This Meets Consumers ...........................................................1

    10. The Canadian Broadcast Standards Council .................................1

    11. Foreign Interventions ..............................................................................1

    12. Conclusion ................................................................................... ................ 2

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    Distribution undertakings should give

    priority to the carriage of Canadianprogramming services

    (Broadcasting Act, SC 1991, c 11, s 3.1(t)(i))

    1.1 Further to the case laid out in the Supplementa

    for Sun News application for mandatory distrib

    we would like to take this opportunity to respon

    some specic issues raised by interveners oppo

    our application.

    1.2 To help provide additional context we would lik

    step back and place our application in the broad

    legal and regulatory framework that governs th

    distribution of television content.

    1. Introduction

    CANADIAN BROADCASTI

    SHOULD BE CANADI

    - Pierre J

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    2.1 To say the promotion of Canadian content is an important

    part of the Broadcasting Act would be an understatement.

    It is the primary purpose of the Act, both in spirit and letter.

    2.2 From its very rst words, the Act is packed with clause after

    clause designed to ensure more Canadian programming is

    both created and distributed.

    Broadcasting Policy For Canada

    2.3 This objective is very broadly laid out in the Act, which

    states: each element of the Canadian broadcasting system

    shall contribute in an appropriate manner to the creation

    and presentation of Canadian programming(Broadcasting Act, SC 1991, c 11, s 3.1(e)).

    2.4 But it is the clause pertaining to the distribution of

    broadcast services which is of particular importance to the

    case of Sun News. The Act states that distributors should

    give priority to the carriage of Canadian programming

    (Broadcasting Act , SC 1991, c 11, s 3.1(t)(i)). We will have

    more to say about this shortly.

    2.5 In administration of the Broadcasting Act, the CRTC has

    traditionally taken a very active role in ensuring Canadian

    content requirements are met in a meaningful way. For

    example, the CRTC has long required a portion of Canadian

    content be aired in prime time, not simply relegated to

    timeslots when most Canadians are not watching. We

    believe BDUs giving Sun News 40% market penetration

    and placement in the stratosphere of the dial, is the

    modern equivalent of airing Canadian programming

    at 2am on a Sunday.

    EachelementoftheCanadianbroadcastingsystemshall

    contributeinanapp

    ropriatemannertothecreationan

    d

    presentationofCanadianprogramming

    2. Canadas Broadcasting Act

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    4.1 A 9(1)(h) order is in the CRTCs own words an

    exceptional tool that should be used sparingly

    - and we agree.

    4.2 It is a nal backstop to ensure the fulllment of the

    letter and the spirit of the Broadcasting Act.

    4.3 In an ideal world, Sun News would not have to make

    such an application. As a channel that is 100% Canadian

    and produces 96 hours per week of rst-run Canadian

    content, our broadcast system was envisioned in a

    way that channels like Sun News would be distributed

    widely, without intervention

    by the regulator.

    4.4 The challenges Sun News has encountered obtainingdistribution with BDUs has left us with no realistic

    option other than to seek a 9(1)(h) order. In

    consideration of this order, we encourage the CRTC

    to keep in mind the following citations from the

    Broadcasting Act and Broadcasting

    Distribution Regulations:

    i The Broadcasting Act requires distributors to give

    priority to the carriage of Canadian programming

    services and, in particular, to the carriage of local

    Canadian stations

    (Broadcasting Act, SC 1991 c11, s 5.2(e)).

    ii The Broadcasting Distribution Regulations state

    that, except as otherwise provided under a

    condition of its licence, a licensee shall ensure, in

    respect of each of analog and digital technology,

    that a majority of each of the video and audio

    programming services that are received by a

    subscriber are devoted to the distribution of

    Canadian programming services

    (Broadcasting Distribution Regulations,

    SOR/97-555).

    iii The Broadcasting Distribution Regulations forbid

    undue preference to any person, including itself,

    or subject any person to an undue disadvantage

    (Broadcasting Distribution Regulations,

    SOR/97-555).

    4.5 The fact that Sun News, oering 100% Canadi

    programming, is only being distributed in 4 o

    10 households raises the question: In the case

    Sun News, are BDUs living up to their obligatio

    promote Canadian content?

    4.6 The low-level of distribution of Sun News is m

    more oensive by the fact that English Canadi

    broadly oer hundreds of channels that are fo

    primarily feature content, including a number

    all-news channels. In cases such as with Telus

    Sun News isnt even oered at all. In the case o

    BDU, Rogers, Sun News even found itself repla

    the dial by the new Rogers owned City News C

    4.7 Granting Sun News Network a 9(1)(h) order wo

    a clear message to distributors that their oblig

    Canadian content are not mere words on a pa

    4.8 Sun News also recognizes that a 9(1)(h) order

    of a present day remedy than a long-term solu

    Thats why we have suggested a 5-year limit fo

    distribution order. This is consistent with the re

    ruling on The Weather Channel and MtoM

    where the Commission noted that the rapidly

    broadcasting landscape made it appropriate

    issue the mandatory distribution order only fo

    limited time (also ve years)

    (Broadcasting Order CRTC 2009-340).

    3. Strong Role For The CRTC

    1.1 As the guardians of the Broadcasting Act, the CRTC

    has been entrusted with ensuring these objectives are

    met. To help them in this task the Commission has been

    given extraordinary powers to intervene when necessary

    to ensure the Act is enforced. The Act states the

    broadcasting system should be regulated in a manner

    that: facilitates the provision of Canadian programs to

    Canadians (Broadcasting Act, SC 1991, c 11, s 5.2(e)).

    3.2 Among the extraordinary powers available to the CRTC is

    to require a channel to be distributed under section

    9(1)(h) of the Act.

    3.3 A power the public supports. Despite the many changes

    to the Canadian television market over the last decade,

    support for the CRTC to play an active role remains

    strong.

    4. 9(1)(h) as a Last Resort

    FIGURE 4.1

    64.0% of Canadians thin

    the CRTC should play amore active role in ensuCanadian television channow owned by Rogers, Sand Bell are distributed

    66% of Canadians think tha

    new Canadian televisionall-news channels should bgiven a similar advantage toallow them to compete witCBC News and CTV News.

    Fig. 5.7 p 25. Cable News and the Cable and Satellite Industry.

    Abacus Data Inc. 2012 AABBAACCUUSS DDATATAA

    n this newenvironmenthe CRTC has

    an importantole to play in

    ensuring channelshat broadcast00% Canadianontent are made

    available in thebasic package.

    54%

    A Majority of

    Canadians Agree

    54% OF CANADIANS AGREE

    GURE 3.1:

    FIGURE 3.2: Intervention #2064; Beverly Miller o Dundas, ON

    TC Mandate or Basic Cable and Satellite Television

    s. Abacus Data Inc. 2013 A B ACU S D ATA

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    5.1 Several interveners raise the question if Sun News qualies

    for 9(1)(h) status for meeting the measures laid out in 3(1)(d) of

    the Broadcasting Act.

    5.2 A more fulsome response was already provided in our

    Supplementary Brief and Deciencies Letter. However, it is

    worth pointing out the measure of whether any given channel

    serves to safeguard, enrich and strengthen the cultural, political,

    social and economic fabric of Canada is inherently a subjective

    one (Broadcasting Act, SC 1991, c 11, 3.1 (d)(i)). In a pluralistic,

    democratic country, achieving agreement on such a measure is

    impossible for it will always be in the eye

    of the beholder.

    5.3 Despite the subjective nature of the measures laid out in

    3(1)(d) of the Broadcasting Act, it is absolutely clear that SunNews and other Canadian news channels by the very nature of

    their content do as well.

    5.4 In the case of Sun News, 53,000 Canadians signed a petition in

    support of our channel, and thousands more wrote personal

    letters to the CRTC describing why they love Sun News and how

    it reects their values and view of Canada. For a new channel

    which only 38% of the public has even heard of, with very limited

    distribution, this is an astounding gure.

    5.5 How many more Canadians would feel this passionately

    about Sun News if they knew it existed and had an

    opportunity to watch?

    5.6 Sun News has also sparked strong emotions amongst some

    Canadians opposed to its broadcasts. Close to 20,000

    Canadians signed a petition to say Sun News does not reect

    their values or view of Canada. Many of those who wrote to

    the CRTC in opposition explicitly called for the network

    to be shut down.

    5.7 We submit that the silencing of voices in the media, in the way

    suggested by these opponents, runs counter to both freedomof speech and freedom of the press. Moreover, having a

    government agency take action to shut down a media outlet

    because it had provided a forum for views held by millions of

    Canadians would be a dangerous and undemocratic act.

    5.8 It is impossible for any single media outlet, regardless of its size,

    to reect the views of all Canadians. Canada is a far too large

    and diverse country for that. Many Canadians would not see the

    CBC as passing the test of 3(1)(d) if the question was posed in

    relation to their programming, but they would be wrong.

    5. Does Sun News Qualify for 9(1)(h)?

    he newsmedia in

    anada isominated by aw voices whol think alike.

    23%

    57%

    % OF CANADIANS AGREE

    OF CANADIANS DISAGREE

    5.9 We submit that news programming by its very nature

    touches on all criteria laid out in 3(1)(d). For example, Sun

    News has spent a large amount of time covering aboriginal

    issues, has been the only broadcaster to provide special

    live coverage of election results in Manitoba, Alberta and

    Saskatchewan, and has brought a wide range of stories

    from Quebec to a wider audience in English Canada. E zra

    Levants special series on the far North still stands as one

    of the highest rated broadcasts since the launch of

    the network.

    5.10 Sun News, by and large, does not cover the same stories

    being carried by CTV News Channel and CBC News

    Network, and when it does it generally covers them in a

    dierent manner. Nor are the opinions and voices found

    on the network the same as those found elsewhere. Thatuniqueness gives voice to millions of Canadians that dont

    see their own Canada reected in the television news

    options on the dial today.

    5.11 Therefore, it is our belief that a vibrant, diverse

    of Canadian news channels not only serves con

    well, but also strengthens our democracy. It en

    stories are told and more voices are heard.

    Sun oers a needed alternativemainstream media in Canada. commentators such as Ezra LevBrian Lilley, Michael Coren an

    Charles Adler cover cross counnews events with insights you wnd anywhere else.

    FIGURE 5.2:

    Provincial Breakdown o Signatures Collected on CanadianTvFirst.ca

    FIGURE 5.1:

    Intervention #2082; Thomas Rooney o Ottaw

    p 5. Cable News and the Cable and Satellite

    . Abacus Data Inc. 2012 A B ACU S D ATA

    URE 5.1:

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    1 In the early days of cable, the CRTC had to balance

    consumer demand for popular US programming, and

    its mandate to distribute Canadian television in a the

    context of a very limited dial. But with the advent of

    digital cable and satellite technology, the CRTC saw a

    solution to this problem. The near innite bandwidth

    of digital meant the problem of carrying Canadian

    channels would be greatly alleviated.

    2 Sun News believes bandwidth is, and always has been

    precious. And it has been central to almost every

    decision the CRTC has made with respect to Canadian

    content.

    3 While the CRTC moved to a more laissez-faire approach

    to digital distribution, it was done predicated on

    BDUs living up to their commitments under the Act todistribute Canadian channels. After all, the new digital

    world would eliminate the bandwidth restrictions that

    had long been used as an excuse for not doing so.

    6.4 Back in 1996, the CRTC laid out rules around television

    distribution (Public Notice CRTC 1996-60). The notice

    laid out as a Guiding Principle the following:

    As a undamental principle, distribution

    undertakings must give priority to the

    distribution o the services o licensed

    Canadian programming undertakings.

    Accordingly, the Commission considers that

    the access rules should include a general

    requirement that a broadcasting distribution

    undertaking distribute the services o

    all licensed Canadian programmingundertakings appropriate or its market.

    In this context, the services o licensed

    programming undertakings should be

    given priority over the services o exempt

    programming undertakings.

    6.5 In a later ruling, Commissioner Andre Wylie was even

    blunter about the intent of CRTC 1996-60:

    The Commissions intent was to ensure, by

    regulation, transparently air and equitable

    access or Canadian programming services,

    in recognition o the continued dominant, and

    in many cases the monopoly, power o the

    cable industry in the distribution o Canadian

    video programming.

    (http://www.crtc.gc.ca/eng/archive/1996/PB96-120.htm)

    . Move to Digital

    I currentlty subscribe to theTelus cable network in Alberta,as part of a package thatincludes, as well, phone line andInternet service. For some timeI have been very frustrated thatTelus does not carry Sun News... I fnd it incomprehensible that

    I get a whole slew of AmericanNews Channels (most of whichI have no interest in watchtin),but cannot receive the fullcomplement of Canadian newschannels.

    I currentlty subscribe to theTelus cable network in Alberta,as part of a package thatincludes, as well, phone line andInternet service. For some timeI have been very frustrated thatTelus does not carry Sun News... I fnd it incomprehensible that

    I get a whole slew of AmericanNews Channels (most of whichI have no interest in watchtin),but cannot receive the fullcomplement of Canadian newschannels.

    I currently subscribe to theTelus cable network in Alberta,as part of a package thatincludes, as well, phone line andInternet service. For some timeI have been very frustrated thatTelus does not carry Sun News... I fnd it incomprehensible that

    I get a whole slew of AmericanNews Channels (most of whichI have no interest in watchtin),but cannot receive the fullcomplement of Canadian newschannels.

    FIGURE 6.1:

    Intervention #654; Ron Voss o Cochrane, AB

    FIGURE 6.2

    BDUs OFFER MANY NON-CANADIAN

    AND FOREIGN CHANNELS AS PART OF BASIC CABLE

    FIGURE 6.2

    BDUs OFFER MANY NON-CANADIAN

    AND FOREIGN CHANNELS AS PART OF BASIC CABLE

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    7.8 There is certainly much cause for the CRTC to be

    concerned on behalf of both content producers and

    consumers that can be found in the interventions made

    against Sun News.

    7.9 While Telus may feel their news pack is already

    crowded, that doesnt change their obligations under

    the Broadcasting Act. Their decision to list RTV (an

    English language Russian television channel) as a part

    of their basic package while saying there is no room for

    channels oering 100% Canadian content is, to use their

    words, self-serving and disingenuous.

    7.10 Moreover, the assertion of MTS Allstream that there is

    little interest in Sun News on the part of their customers

    strains credibility, and is countered by the market

    research data we have already provided to the CRTC.

    Sun News operates a studio in Winnipeg and has as a

    host Charles Adler, one of the most popular broadcast

    personalities in the province. Sun News is also the only

    news channel to oer extensive coverage of the recent

    Manitoba election campaign, including an election-

    night special that was broadcast coast-to-coast.

    7.11 In addition to being given inadequate distribution,

    BDUs are paying a fraction of the price for Sun News

    that other (in many cases their own) news channels

    receive. As gure 8.2 demonstrates, Sun News is asking

    for a fraction of the average price paid for other English

    language Canadian all-news channels.

    7.12 The suggestion by Rogers that Sun News oe

    same service as CBC and CTV ignores the obv

    unique nature of the story selection and edito

    commentary oered by our channel. And it is

    the point with respect to the distribution of ch

    containing 100% Canadian content.

    p 5. CRTC Mandate or Basic Cable and Satellite Television

    Abacus Data Inc. 2013

    It is safe to say that in 1996, the CRTC had not

    contemplated a future where the private broadcast

    industry would be consumed by cable and satellite

    distributors.

    The takeover of CTV by Bell, Global by Shaw and CityTV

    by Rogers has dramatically altered the television market

    in Canada. It would be folly to not take a second look at

    the intent of prior CRTC rulings in this context.

    Research shows that Canadians would agree.

    Consumers are skeptical that that these acquisitions by

    cable and satellite companies have improved choice.

    With respect to preferential treatment, 79% of

    Canadians believe that cable and satellite companiesfavour their own channels over those they dont own.

    Given Rogers treatment of Sun News, they have good

    reason to hold that belief.

    In fact, it is an argument that Bell brought forward

    with respect to City News Channel when it came

    to the CRTC for a licence, stating: Given Rogers

    dominant position in the broadcast distribution sector

    in Ontario, licensing the proposed service would give

    it an overwhelming advantage over competitors. In

    a fully digital world, Rogers will be able to guarantee

    its CITY News service preferential channel placement,

    widespread distribution as part of digital basic and

    signicant subscriber revenues. Such a result would

    be highly detrimental to CP24 (https://services.

    crtc.gc.ca/pub/ListeInterventionList/Documents.

    aspx?ID=72402&Lang=e).

    The use of free market rhetoric on the part of Telus

    and MTS, both former crown corporations whose

    businesses were established on the basis of government

    sanctioned monopolies, is particularily ironic.

    In their intervention Rogers suggests, that there are

    already two Canadian national all-news channels

    being distributed. The clearly stated objective of the

    Broadcast Act, backed by hundreds of rulings, public

    notices and statements by the CRTC, is to encourage

    MORE Canadian programming.

    A Radically New Market

    Te concentration o contentcapacity in the hands o thechie carriers, Bell, Shaw, Rog-ers and the status o Rogers,Bell and elus as the chie cellphone concerns in the country presage a degree o concen-tration o content and deliverythat is unlike that in any other

    serious country in the world.

    Conrad Black,Feb. 22, 2013 National Post

    Tose o us who hold out hopeor a true multiplicity o voices or, say, a true le-leaningnews and opinion channel,which Canada lacks - shouldthink about supporting Sun

    this time around.

    Simon Houpt,Jan. 25, 2013 Globe and Mail

    Eight in ten Canadians, surveyed by Abacus Data, agreed that the ch

    in ownership will lead to cable and satellite companies favouringown channels overs those that they do not own.

    Abacus Data asked Canadiathe aquisitions by cable andsatellite companieshas impchoice or consumers?

    ONLY 22% AGR

    AABBAACCUUSS DDATATAA

    TotalMarket

    100%

    0

    FIGURE 7.3

    FIGURE 7.2

    FIGURE 7.1

    FIGURE 7.2

    AB ACUSDATAp 6. CRTC Mandate or Basic Cable and Satellite Television Services. Abacus Data Inc. 2013

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    8.1 A number of interveners have pointed out that

    the licence granted to CTV News Channel was

    not identical to that which was granted to CBC

    News Network when it launched. While this is

    technically true, even Bell concedes in its own

    submission that CTV News Channel did have

    mandatory distribution when it was rst licensed

    (Bell Media Intervention #12644, par. 20).

    8.2 The names and classications of CRTC licences

    have evolved over time, as has the cable/satellite

    distribution market. This makes perfect apples

    to apples comparisons impossible. As such we

    suggest a more binary, real-world test: Did the

    licence granted by the CRTC result in carriage ofthe channel as a part of the basic package -

    yes or no.

    8.3 In the case of CTV News Channel the answer is

    clearly yes as it was with other channels,

    such as HGTV, TreeHouse, The Comedy Network,

    that were granted similar licences at that time.

    8.4 Bell goes on to say this was not preferential

    treatment because it was simply a function of

    the regulatory rules at the time

    (Intervention #12644).

    8.5 We have never suggested CTV News Channel

    or CBC News Network received inappropriate or

    unduly favorable treatment under the rules at the

    time, rather we state the obvious: the regulatory

    environment they launched into was more

    favorable to that which exists for us today.

    8.6 There is no doubt that CTV News Channel would

    never have launched, without a licence that

    included mandatory distribution. And there is nodoubt that they would not have survived had they

    not been distributed across the board.

    8. The CTV News Channel Licence

    FIGURE 8.1: PM Jean Chrtien joins CTV News1 or their launch FIGURE 8.3: Intervention #4157: Cynthia Bredeltt o Carleton Place, ON

    SomeBDUs

    pay6forS

    FIGURE 8.2: News Channel Per Month Subscription Fees or English Canada

    PerMonthSubscriptionFee

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    1 Included in the interventions against Sun News was

    a survey commissioned by the Strategic Council and

    referenced by a number of BDUs. For example, Eastlink

    used the data to conclude: Canadian consumers are

    increasingly frustrated with regulations that force them

    to take and pay for services that they do not want.

    2 It is important to note that for the most part it is not

    any sort of regulations that force customers to take

    and pay for channels that they do not want. Like most

    cable and satellite providers (with the notable exception

    of Videotron) Eastlink bundles channels. Eastlink

    oers 31 dierent bundles meaning if you want The

    Golf Channel in HD you also have to pay for 16 other

    channels ranging from the World Fishing Network to

    ESPN Classics Canada as part of the Sports 1 package.

    3 Its not just channels mandated by the CRTC that are

    included in basic packages right now.

    4 Including channels in the basic oering is clearly about

    choice for the distributor.

    5 The Strategic Council also asked Canadians whether

    they support or oppose adding a number of new

    channels to the basic tier along with the cost proposed

    in the various applications. Not surprisingly their

    ndings, seen in Figure 9.2, show that Canadians are

    no more interested in paying specically for new

    channels than they are for ones that are currently there.

    6 To make a direct comparison, Abacus Data closely

    replicated the methodology used by the Strategic

    Council to test channels that are a part of the Shaw,

    Rogers and Telus basic packages to gauge support in

    the same way done for Sun News and other applicants.

    7 This Abacus Data survey, seen in Figure 9.3 fromAppendix A, clearly negates the point brought forth

    by some that Sun News is less worthy than others who

    came before them or less equal to those who are there

    now.

    8 This raises a simple and straightforward question: if Sun

    News were to be added to a BDUs basic cable package

    why could they not simply remove a narrow-casted

    foreign specialty channel to make room for it? This

    would mean no additional cost to customers.

    9.9 It should be noted again that Canadians strongly favour

    a pick-and-pay model like the one used by Videotron.

    This approach does not exist in most of the country.

    9.10 Beyond the package model, a more troubling concern

    exists for customers looking to pick-up a channel

    not oered by their current provider: switching is a

    daunting task. As bundling of services becomes a

    more common practice, 72% of customers say Canadas

    telecom companies make it very dicult to change an

    individual service to get a TV channel or mobile device

    not oered by your existing provider.

    9.11 Beyond the packaging, there is another big challenge

    to consumer choice. Millions of Canadians have chosento package their television, mobile and internet services

    with a single BDU. Many of these contracts are multi-

    year and involve signicant cancellation penalties. This

    makes the option of changing providers in order to get

    a single channel, like Sun News, a completely

    unrealistic option.

    . Where This Meets Consumers

    the bundling o services ... makesit very difcult to ... get a V channelor mobile device not oered by yourexisting provider.

    72%

    AGREE

    8%

    DISAGREE

    FIGURE 9.2: Support or Mandatory Distribution o Each Channel at Specifed Cost

    FIGURE 9.3: Support or Each Channel at Cost o 18

    p 9. CRTC Mandate or Basic Cable and Satellite Television Services.

    Abacus Data Inc. 2013 AABBAACC UUSS DDATATAA

    p 16. CRTC Mandate or Basic Cable and Satellite Television Services. Abacus Data Inc. 2013 AABBAACCUUSS DDATATAA

    Intervention #12696 - p 18. Subscriber Assessments o Mandatory Distribution,The Strategic Counsel. 2013

    FIGURE 9.1:

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    I am grateful to haveCanadian News Net

    that reports on the tthat are closest to mheart and home anddoes so without prejcensorhip or politicacorrectness.

    10.1 A number of individual interventions made

    complaints about the editorial nature of content

    aired on Sun News. From a complaint about Charles

    Adlers skepticism on climate change to concerns

    about Ezras ringside commentary during the

    Trudeau/Brazeau ght, Sun News has elded its

    share of grievances.

    10.2 Sun News is a member in good standing of the

    Canadian Broadcast Standards Council (CBSC), the

    body that arbitrates complaints of this nature on

    behalf of the CRTC and Canadian broadcasters. Sun

    News abides by the same codes of decency and

    journalistic ethics that all CBSC members adhere to.

    10.3 Since launch, the CBSC has received 6,963complaints from individuals and made rulings on 30

    dierent broadcast events. The CBSC has ruled in

    favor of Sun News in all but two of these cases, after

    which Sun News complied with the remedy outlined

    in the CBSC ruling.

    10.4 With respect to individual complaints, it is worth

    noting that 6,676 of these complaints were related

    to a single interview that Sun News anchor Krista

    Erickson had with Canadian dancer Margie Gillis.

    The CBSC ruled in favor of Sun News in this case.

    10.5 Of the two cases that Sun News lost, one was

    with respect to inappropriate language used by

    a host (Sun News host Ezra Levants use of the

    phrase Chianga tu madre), and the second was

    an error of fact relating to public housing for

    artists in Edmonton. In the second case, Sun News

    voluntarily corrected the error as soon as it was

    brought to our attention, well in advance of

    the CBSC ruling.

    10.6 Like every media organization in the world, from

    time-to-time Sun News makes a mistake. The sign

    of a condent media outlet is one that is willing to

    make corrections and endeavor to rectify mistakes

    so they do not happen again. In this light, when

    we believe we have made an error or violatedthe CBSCs codes, we have voluntarily issued a

    correction and apology. For example, we did this

    proactively in the case of comments made on The

    Source in relation to the Roma people.

    10. The Canadian Broadcast Standards Council

    Margie Gillisrelated complaints

    Total requests forrulings by CSBC

    Total requests forreview of CBSCrulings by CRTC

    Total rulings in whichCBSC found breach bySun News

    Complaints sincelaunch (excludingGillis complaints)

    More and more news managers are adoptinphilosophy that goes something like this: Weputting out a daily product under erce dead

    pressures. Mistakes are inevitable. No longer willpretend we are inallible; were not. Its crucial or

    credibility to admit we make mistakes o all ki

    every day. And we are willing to correct our erro

    - Alicia C. ShepFormer AJR senior writer and NPR ombuds

    FIGURE 10.1: Breakdown o CBSC Complaints Directed to Sun News NetworkFIGURE 10.3

    Intervention: Kevin, Paul and K

    Beasley o Peterborough, ON

    I am grateful to havCanadian News Ne

    that reports on the that are closest to mheart and home andoes so without precensorship or politicorrectness.

    FIGURE 10.2

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    1.1 One intervention was made by a radical US-based

    political group operating under the name Avaaz.

    Previous campaigns by Avaaz included a political

    campaign where they targeted Conservative Cabinet

    Minister John Baird. They have also conducted a

    massive campaign against Rupert Murdoch, CEO of

    Newscorp, in an apparent attempt to have Fox News

    and other Newscorp holdings shut down.

    1.2 While this is relatively harmless, run-of-the-mill

    political activism, the campaigns this group have

    run against the state of Israel would be considered

    concerning to many Canadians.

    11.3 Various points raised in their brief have been

    addressed in other areas of our response, but it is

    clear: Avaazs motivation is ideological, and their goal

    is to shut down Sun News permanently. The view

    that voices you disagree with should be silenced is

    markedly un-Canadian. It runs counter to our Charter

    of Rights and counter to the proud history of our

    country.

    1. Foreign Interventions

    YANKEE

    GO HOME

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    12.1 We humbly encourage the Commission to look to the

    Broadcasting Act when considering our application.

    For we believe the case for Sun News is spelled out in

    both the letter and the spirit of the law.

    12.2 We also humbly encourage the CRTC to keep the

    following questions in mind as it deliberates on our

    application:

    12.3 Clearly, we do not believe the BDUs have acted

    in good faith with respect to their treatment of

    Sun News, nor do we believe they have met their

    obligations under the Broadcasting Act.

    12.4 It is unfortunate that we have come to the point

    where the only way to rectify this situation is for the

    CRTC to exercise its power in granting 9(1)(h) status to

    Sun News for a period of 5 years.

    12.5 We believe in granting this request the CRTC will

    ensure Canadian consumers will have a proper chance

    to view Sun News and judge it for themselves. Wealso believe it will send a strong message to BDUs

    that they are expected to fulll their obligations under

    the Broadcasting Act with respect to the distribution

    of Canadian programming.

    12. Conclusion

    The truth o the matter is th

    The Sun News Network

    VERY capable o competin

    on an even playing eld

    and thats the problem to tho

    who would oppose them

    My husband served this gre

    Nation or 30 years as a

    Air Force Ofce

    I served 20 years as a

    Air Force Ofce

    His son is in his 16th ye

    o Service as an Army Ofce

    Wtake the DEFENCE O

    FREOM VERYSERIOUSL

    The truth o the matter is t

    The Sun News Networ

    VERY capable o compet

    on an even playing el

    and thats the problem to th

    who would oppose th

    My husband served this gr

    Nation or 30 years as

    Air Force Of

    I served 20 years as

    Air Force Of

    His son is in his 16th y

    o Service as an Army Of

    Weake the DEFENCE

    REEDOM VERYSERIOUS

    The truth o the matter is th

    The Sun News Network

    VERY capable o competi

    on an even playing eld

    and thats the problem to tho

    who would oppose the

    Danielle T. Smi

    Major, Re

    Intervention #18

    CanadianTvFirst.caFIGU

    i Have the BDUs met their obligations under

    3(1)(t)(i) of the Act to give priority to the carriage

    of Canadian programming in the case

    of Sun News?

    ii Did Rogers show undue preference by removing

    Sun News from their basic package, and giving

    their dial position to their own all-news channel?

    iii When the CRTC moved to a more deregulated

    model for digital television, was it done in

    a dramatically dierent market, and on the

    assumption that the additional bandwidth would

    make it easier for channels broadcasting 100%

    Canadian content to be listed?

    iv Does the CRTC believe the channels that are

    included in the basic package of various BDUs in

    English Canada reect the interests of consumers,

    or the interests of the BDU?

    v In a market where the bundling of wireless, internet

    and television services is commonplace, is it

    realistic that consumers will change BDUs in order

    to receive a channel their current BDU

    isnt oering?

    vi Do the contents of the basic package reect the

    objectives laid out in the Broadcasting Act with

    respect to the distribution of

    Canadian programming?

    My husband served this gre

    Nation or 30 years as

    Air Force Ofc

    I served 20 years as

    Air Force Ofc

    His son is in his 16th ye

    o Service as an Army Ofc

    We take the deence

    reedom very serious

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