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Toutefois, la publication susmentionnée est un compte rendu textuel des délibérations et, en tant que tel, est transcrite dans l'une ou l'autre des deux langues officielles, compte tenu de la langue utilisée par le participant à l'audience.
TRANSCRIPT OF PROCEEDINGS
BEFORE
THE
CANADIAN RADIO‑TELEVISION AND
TELECOMMUNICATIONS
COMMISSION
TRANSCRIPTION DES AUDIENCES
DEVANT
LE CONSEIL DE LA
RADIODIFFUSION
ET DES TÉLÉCOMMUNICATIONS
CANADIENNES
SUBJECT:
Review of the Commercial Radio
Policy /
Examen de la Politique sur la
radio commerciale
HELD AT:
TENUE À:
Conference
Centre
Centre de conférences
Outaouais Room
Salle Outaouais
140 Promenade du
Portage
140, Promenade du Portage
Gatineau,
Quebec
Gatineau (Québec)
May 15, 2006
Le 15 mai 2006
Transcripts
In order to meet the
requirements of the Official Languages
Act, transcripts of
proceedings before the Commission will be
bilingual as to their covers,
the listing of the CRTC members
and staff attending the public
hearings, and the Table of
Contents.
However, the aforementioned
publication is the recorded
verbatim transcript and, as
such, is taped and transcribed in
either of the official
languages, depending on the language
spoken by the participant at
the public hearing.
Transcription
Afin de rencontrer les
exigences de la Loi sur les langues
officielles, les
procès‑verbaux pour le Conseil seront
bilingues en ce qui a trait à
la page couverture, la liste des
membres et du personnel du
CRTC participant à l'audience
publique ainsi que la table
des matières.
Toutefois, la publication
susmentionnée est un compte rendu
textuel des délibérations et,
en tant que tel, est enregistrée
et transcrite dans l'une ou
l'autre des deux langues
officielles, compte tenu de la
langue utilisée par le
participant à l'audience
publique.
Canadian Radio‑television
and
Telecommunications
Commission
Conseil de la radiodiffusion et
des
télécommunications
canadiennes
Transcript / Transcription
Review of the Commercial Radio
Policy /
Examen de la Politique sur la
radio commerciale
BEFORE /
DEVANT:
Charles Dalfen
Chairperson / Président
Michel Arpin
Commissioner / Conseiller
Rita Cugini
Commissioner / Conseillère
Andrée Noël
Commissioner / Conseillère
Joan Pennefather
Commissioner / Conseillère
ALSO PRESENT / AUSSI
PRÉSENTS:
Chantal Boulet Secretary /
Secrétaire
Peter Foster
Hearing Manager /
Gérant de
l'audience
Bernard Montigny
General Counsel,
Broadcasting /
Avocat
général,
Radiodiffusion
Anne-Marie Murphy
Legal Counsel /
Conseillère
juridique
Robert Ramsey
Senior Director, Radio
Policy and Applications
/
Directeur
principal,
Politiques et
demandes
relatives à la
radio
HELD AT:
TENUE À:
Conference Centre
Centre de conférences
Outaouais Room
Salle Outaouais
140 Promenade du Portage
140, Promenade du Portage
Gatineau, Quebec
Gatineau (Québec)
May 15, 2006
Le 15 mai 2006
TABLE DES MATIÈRES / TABLE OF
CONTENTS
PAGE /
PARA
PRESENTATION BY / PRÉSENTATION
PAR:
Canadian Association of
Broadcasters 7 / 42
CIRPA 261 / 1529
Canadian Recording Industry
Association 300 /
1707
Friends of Canadian
Broadcasting 355 /
2063
EARRS 369 / 2131
Gatineau, Quebec / Gatineau
(Québec)
‑‑‑ Upon commencing on Monday,
May 15, 2006
at 0931 / L'audience débute
le lundi
15 mai 2006 à
0931
1 THE CHAIRPERSON: Order, please. À l'ordre, s'il vous
plaît.
2 Good morning, ladies
and gentlemen. Welcome to this
public hearing in which we will examine Canadian commercial
radio.
3 Bonjour, mesdames et
messieurs, et bienvenue à cette audience publique, au cours de laquelle nous
procéderons à l'examen de la radio commerciale canadienne.
4 My name is Charles
Dalfen. I am the Chairman of the
CRTC. I will be presiding over this
hearing.
5 Joining me on the panel
are my colleagues Michel Arpin, Vice‑Chairman of Broadcasting; Rita Cugini,
Regional Commissioner for Ontario; Andrée Noël, Regional Commissioner for
Québec; and Joan Pennefather, National
Commissioner.
6 The Commission team
assisting us includes Hearing Manager Peter Foster; Robert Ramsey, Senior
Director, Radio Policy and Applications; Bernard Montigny, General Counsel,
Broadcasting; and Anne‑Marie Murphy, Legal Counsel.
7 Chantal Boulet is the
Hearing Secretary. Please speak
with her if you have any questions with regard to hearing
procedures.
8 The Commission is
undertaking a review of its commercial radio policy in view of the major
transformations which are taking place in this sector.
9 The commercial radio
environment has changed a great deal since the current policy was adopted in
1998 largely due to industry consolidation, technological developments and new
economic factors that have rapidly come into play.
10 The Commission
therefore wishes to ensure that its regulatory policies and processes keep pace
with these changes.
11 Many people are using
new technologies for accessing music and listening to it. The Commission will review the potential
impact of these new technologies as it would appear that this trend will
continue in the years to come.
12 The hearing will focus
on the elements that will help create new commercial radio policies that are
appropriate for the current environment, policies that will support a strong and
flourishing radio industry in both official languages while pursuing the
objectives set out in the Broadcasting Act.
13 Par exemple, le rôle
que la radio joue dans la promotion des artistes canadiens et leurs oeuvres,
incluant les pièces musicales de langue française, est crucial, et nous devons
trouver des moyens pour qu'il se poursuive et qu'il
progresse.
14 De plus, nos politiques
doivent favoriser une radio commerciale qui offre une plus large gamme de genres
musicaux et qui diffuse suffisamment d'émissions régulières d'information
produites localement.
15 Nous aurons également
l'opportunité de faire le point sur la transmission numérique et sur les
nouvelles plate‑formes de distribution.
16 The make‑up of Canadian
society is also changing.
Broadcasters are operating in a society that is increasingly
multicultural, multilingual and multiracial. They therefore have to ensure that their
offerings reflect this new reality as well as the special place of Aboriginal
peoples.
17 As stated in
Broadcasting Notice of Public Hearing CRTC 2006‑1, our process will also include
a review of the effectiveness of the measures implemented in the Commercial
Radio Policy 1998.
18 Au cours de la semaine
qui vient, nous écouterons avec soin les points de vue de nombreux intervenants
qui comparaîtront devant nous selon l'horaire préétabli.
19 Je tiens, d'ores et
déjà, à remercier tous ceux et celles qui prennent le temps de nous faire part
de leurs commentaires. Les enjeux
sont importants pour le secteur canadien de la radio, et vos observations nous
seront précieuses pour mieux les cerner.
20 If the Commission
requests additional documents during the course of this hearing, intervenors
will have until May 29th to file them.
21 Furthermore, as
mentioned in the Notice of Public Hearing, interested parties will have the
opportunity to file brief final written comments following the oral public
hearing. These submissions must be
no longer than 20 pages in a 12 point font or larger.
‑‑‑ Laughter /
Rires
22 THE CHAIRPERSON: This is not just for those with
presbyopia ‑‑
‑‑‑ Laughter /
Rires
23 THE CHAIRPERSON:
‑‑ and they must be filed no later than June the
12th.
24 I will now invite the
Hearing Secretary Chantal Boulet to explain the procedures we will be
following.
25 Madame
Boulet.
26 LA SECRÉTAIRE : Merci,
Monsieur le Président.
27 Nous aimerions
souligner quelques points d'ordre pratique qui contribueront au bon déroulement
de cette audience.
28 First, simultaneous
interpretation services are available during the hearing and you can obtain a
receiver from the technician at the back of the room. The English translation is on channel 1
and l'interprétation française se trouve au canal 2.
29 When you are in the
hearing room we would ask you to please turn off your cell phone, beepers,
BlackBerries or other text messaging devices as they are unwelcome distractions
for participants and commissioners and they cause interference on the internal
communication system used by our translators. We would appreciate your cooperation in
this regard throughout the hearing.
30 We expect the hearing
to take approximately one week. We
will being each morning at 9:30 and adjourn each afternoon around 6:30 p.m. We will take one hour for lunch and a
15‑minute break in the morning and afternoon.
31 Given the number of
participants and the scope of the issues to be discussed it may be necessary to
continue the hearing beyond 6:30 in the evening. We will let you know of any schedule
changes that may occur.
32 Pendant toute la durée
de l'audience, vous pourrez consulter les documents qui font partie du dossier
public pour cette audience dans la salle d'examen qui se trouve à la Salle
Papineau, située à l'extérieur de la salle d'audience, à votre
droite.
33 Tel qu'indiqué dans
l'ordre du jour, le numéro de téléphone de la salle d'examen est le
819‑953‑3168.
34 Une transcription des
comparutions quotidiennes sera affichée sur le site internet du Conseil peu
après la fin de l'audience.
35 Les personnes qui
désirent acheter des transcriptions peuvent s'adresser au sténographe qui se
trouve à la table en face de moi durant la pause ou directement auprès de la
compagnie Media Copy.
36 We will now proceed
with the presentations in the order of appearance set out in the agenda. Each participant will be granted a given
time to make its presentation.
Questions from the Commission will follow each
presentation.
37 Pour les fins du
dossier, veuillez noter que le Conseil a publié, le 4 mai dernier, les relevés
statistiques et financiers relatifs à la radio privée commerciale pour la
période 2001 à 2005.
38 Vous trouverez, au
Secrétariat de l'audience, une copie de ces relevés financiers, ainsi qu'un
cahier supplémentaire concernant les données financières et statistiques sur
l'industrie de la radio privée commerciale pour la province de
Québec.
39 I would now invite the
first participant, the Canadian Association of Broadcasters, CAB, l'Association
canadienne des radiodiffuseurs, l'ACR, to make their
presentation.
40 Appearing for the CAB
is Mr. Glenn O'Farrell who will introduce his colleagues. You will then have 20 minutes for your
presentation.
41 Mr.
O'Farrell.
PRESENTATION /
PRÉSENTATION
42 M. O'FARRELL : Merci,
Madame la Secrétaire. Good morning,
Mr. Chairman, members of the Commission.
My name is Glenn O'Farrell.
I am the President and CEO of the Canadian Association of
Broadcasters.
43 The CAB is pleased to
appear before you today to talk about the future of radio broadcasting and the
regulatory conditions to ensure its continued vitality and significant role in
local communities across Canada.
44 I have the privilege of
appearing before you today with a group consisting of some of the most talented
and capable radio executives and programmers in Canada.
45 This group of radio
broadcasters is representative of the women and men who work in the 600 or more
private radio stations across the country operating in small, mid‑size and large
markets, all of whom are dedicated and passionate about the work they do every
day and the future of local private radio in Canada.
46 On behalf of Canada's
private radio broadcasters, we appreciate the opportunity to be the first to
appear before you today as you commence the important work of this
proceeding.
47 Allow me to introduce
the panel.
48 On my right, Rob
Braide, Chair CAB Board of Directors, Vice President and General Manager, CJAD,
MIX‑96, CHOM‑FM, Standard Radio.
49 Next to Rob is Rael
Merson. Rael is Chair of the CAB
Radio Board and President and CEO of Rogers Broadcasting
Limited.
50 Next to Rael is Elmer
Hildebrand. Elmer is a member of
the Radio Strategy Committee and President and CEO of Golden West Broadcasting
and on my far right is Jacques Parisien, Président du Comité de stratégie radio
marché francophone de l'ACR et président Astral Média
Radio.
51 To my left is Sarah
Crawford who is the Chair of the CAB Diversity and Radio working group and Vice
President Public Affairs CHUM Limited.
To Sarah's left is Marc Maheu, member of the CAB Radio Board and
Executive Vice President and COO of Newcap Radio.
52 To Mark's left is
Lilianne Randall.
53 Elle est membre du
Comité des questions musicales de l'ACR et directrice musicale réseau RYTHME‑FM
Cogeco.
54 To the left of Lilianne
is Pierre‑Louis Smith, Vice President Radio CAB and finally, on my far left is
Suzanne Wheeler, senior director Policy and Regulatory Affairs
CAB.
55 Behind us, we have a
panel of experts; that's what they call themselves anyway. Beginning with Ken Goldstein, President
of Communications Management Inc.
He is our CAB Economic Trend Expert.
56 Next to Ken is Pat
Grierson who is the President of Canadian Broadast Sales and an expert on
advertising trends, and last is Wayne Stacey, President Wayne Stacey and
Associates Limited, the CAB's Technical Adviser and the leading expert on
digital radio.
57 Mr. Chairman,
Commissioners, we will keep our opening remarks brief and focused on three areas
of discussion this morning.
58 Number one is the need
to adopt the closed market regulatory model to an open market
model.
59 The second topic we
would like to address is the CAB's Transitional Regulatory Proposals regarding
music exhibition and Canadian talent development focused on emerging Canadian
artists.
60 And Finally, our third
point is the CAB's recommendation to measure the impact of its proposals and
monitor what we call "the first phase of the transition".
61 So, starting with the
first point that we are calling "Closed to
Open".
62 I think we must preface
our comments by suggesting that to move forward we need to share a common
assumption and that is the radio market is now an open
system.
63 The written brief we
submitted on March 15th is entitled, as you know: "Then ‑
Now".
The title was inspired by a
very clear sense of the starting point of the discussion we're having here
today.
64 As is demonstrated in
the slide before you, digital technology has changed everything for content creators, for distributors,
for consumers and we also believe it has changed everything for
regulators.
65 There is no turning
back and as a result, we no longer have a single and regulated system of radio
services delivered over the public airways and free of charge to
Canadians.
66 Instead, we have both a
regulated system developed over the past 80 years and a largely unregulated
parallel system of new delivery options for audio
content.
67 The key point in all of
this is that the CRTC licensing and regulation no longer serve as the single and
exclusive point of control of market entry for content providers seeking to
offer service to Canadians in the audio space once occupied only by licensed
radio services. That was then and
this is now.
68 So, where do we go from
here? We submit the way forward is
one that will require managing a transition, a transition to be largely defined
by even more change than we have already seen.
69 As a case in point, two
years ago, how many of us here today were users or better yet, had heard or even
heard about the Ipod. Yet, within
approximately 24 months, the Ipod has become the dominant force in the
consumer's electronics audio space.
70 Who among us here today
can predict who or what will dominate that same consumer audio space 24 months
from today? How will all the new
digital technologies impact Canadian private radio?
71 These are not easy
questions. Yet, radio broadcasters
represented by the CAB, while concerned on the one hand by the transition
challenges that lie ahead are, on the other hand, equally passionate about the
future of private radio in Canada and have demonstrated they are committed to
making the necessary investments in technology, marketing and talent to keep
reinventing their businesses.
72
Rael.
73 MR. MERSON: Thank you, Glen.
74 The commercial private
radio data recently released by the CRTC covering 2001 to 2005 present an
overall positive financial picture of private radio in
Canada.
75 In 2005, the private
radio industry in Canada cheated healthy financial returns purporting aggregate
increased profitability for the sector.
76 These are significant
results that clearly strengthen the industry's financial position to absorb the
economic impact of the unregulated content providers who are entering the market
in growing numbers.
77 However, if you take a
closer look and drill down into radio revenue numbers, you will find that the
industry as a whole is as the boxing expression goes, punching well above its
waist.
78 While the industry has
seen year revenue increases since 1998, audience numbers reveal a very
disturbing and steady year over year decrease in tuning to radio across all
demographic segments. The decrease
in tuning is the greatest in the youth market.
79 More recent tuning
statistics indicate that the decline in radio usage is both entrenched and
accelerating, as the slide demonstrates.
80 The word of caution on
the point is that overall radio revenue and profitability appear untouched by
tuning declines. Revenues the
profitability on a per‑station basis are now showing signs of a
decline.
81 When taken in isolation
the situation in the French radio market may serve as an advance warning of what
might happen across the radio sector as technologies multiply new unregulated
audio content choices for the Canadian consumer.
82
Jacques.
83 M. PARISIEN: Dans ce contexte, l'expérience du
secteur de la radio privée de langue française pourrait très bien s'avérer un
signe avant‑coureur des défis auxquels l'ensemble de l'industrie radiophonique
sera confronté en raison de la révolution technologique.
84 Le BAII des stations de
langue française s'explique en partie du fait que les stations de langue
française exploitées dans les marchés bilingues de Montréal et d'Ottawa‑Gatineau
doivent partager avec les stations de langue anglaise l'attention des auditeurs
francophones.
85 Dans ce marché dit
bilingue, mais considéré comme distinct aux yeux de la réglementation des
contenus musicaux, le consommateur peut librement écouter la radio de son choix,
peu importe la langue de diffusion de celle‑ci.
86 Or, les marchés de
Montréal et de Gatineau représentent à eux seuls 50 pour cent de la population
du Québec.
87 Par comparaison, c'est
comme si les stations de radio des dix plus grandes agglomérations du Canada
anglais comme Toronto, Vancouver, Calgary, Edmonton ou Winnipeg se retrouvaient
du jour au lendemain dans les situations de Windsor où le consommateur peut
choisir à son gré d'écouter les stations locales ou les stations de
Détroit.
88 Confrontée à cette
réalité, la radio privée de langue française a choisi d'adopter de plus en plus
des stratégies axées sur le développement de contenu radiophonique
exclusif.
89 Pour assurer le succès
de cette approche de différenciation entreprise au cours des dernières années,
la radio privée de langue française a dû et doit encore dépenser une part
nettement plus élevée de ses revenus en coûts de programmation que ne le fait la
radio de langue anglaise.
90 Le rendement financier
nettement moins reluisant du secteur de la radio francophone se résume donc en
bonne partie par la perte de revenu potentiel découlant du transfert de l'écoute
non monnayable d'une partie importante de l'auditoire francophone vers les
stations musicales anglophones et la nécessité d'investir davantage dans les
émissions de contenus exclusifs à prédominance verbale pour se démarquer les
unes des autres et mieux résister à l'attrait que représentent pour le public
francophone les stations musicales de langue anglaise.
91 Pour le moment, ce
phénomène est dans une large mesure limité au secteur francophone de
l'industrie Toutefois, il ne faudra
pas se surprendre si à mesure que la révolution technologique prendra assise
auprès des consommateurs, modifiant en profondeur leurs habitudes d'écoute, que
le rendement financier observé dans le secteur francophone s'étende à l'ensemble
de la radio privée canadienne.
92 MR. BRAIDE: The bottom line on all this is that the
going forward model for an over market system needs to be focused on a multiple
phase transition.
93 In what we consider to
be the first phase, we propose to maintain the fundamental principle of
regulation with only modest amendments.
94 Our second point for
this morning's comments relates to complementary transition or regulatory
proposals for music exhibition and Canadian talent
development.
95 In short, these
proposals are designed to increase the exposure of emerging Canadian artists to
a combination of incentive for airplay and directing radios Canadian development
contributions to marketing and promotional assistance.
96 Canadian private radio
has a unique relationship with Canadian music in that it has the highest music
exhibition quotas in the world and is required by regulation, unlike any other
jurisdiction, to directly subsidize the domestic music
industry.
97 As you see, since 1998,
private radio has committed over 168 million dollars to Canadian talent
development initiatives, of which 60 per cent is directed towards national
funding agencies in the French and English markets.
98 Specifically private
radios contribution to national funding agencies went from 1.4 million in
1998 to 16.1 million in 2005. This
represents a staggering increase of 1,170 per
cent.
99 Put another way, if you
combine the copyright payments and Canadian talent development funding, private
radios contribution to the music industry went from 24 million in 1995 to more
than 85 million in 2005.
100 It's clear that the
Commission's 1998 policy yielded many positive results for both the radio and
music industries, including historic contributions to Canadian talent
development.
101 The Commission's 1998
policy also called for the creation of a Canadian music marketing and promotion
fund to support cooperative activities by broadcasters and the music industry in
marketing and promoting Canadian music, which by all accounts has produced
tremendous successes.
102 There is no doubt that
in a very short period of time, both Radio Star‑maker Fund and Fonds de Radio
Star have had a significant impact on the careers of Canadian
artists.
103 These commercial funds
have cemented a place in the larger funding environment by providing touring and
marketing assistance of critical importance at key stages in artist
development.
104 However, the
Commission's decision in 1998 to increase Canadian content levels from 30 to 35
per cent and require 55 per cent of French vocal music in day parts may have not
produced some of the desired outcomes.
105 For instance, we didn't
see any marked increase in Canadian music sales which have remained stable at 16
per cent since 1998 and that's unfortunate.
106 Radios ability to
respond to listener demands has never been more important, given its new reality
of unprecedented competition from a variety of audio content
platforms.
107 The CAB's bonus system
has ended increasing the exposure of emerging Canadian artists who according to
the Commission's analysis do not materially benefit under a traditional quota
system.
108 We proposed to do this
by providing programmers with an incentive to play new and unfamiliar acts
attracts by emerging artists both in day and evening parts which we believe will
significantly increase, the exposure of these artists to a greater number of
listeners.
109 Unlike the quota
system, programmers will be engaged in actively seeking out and fostering new
talent in a manner that responds to the demands of their listeners and is
conductive to their market and the supply of Canadian music available in their
format.
110 Mme RANDALL: Dans la période de transition que nous
traversons, ce qu'il faut pour atteindre les objectifs politiques du Conseil,
c'est réglementer plus efficacement.
111 Notre proposition à
l'égard du contenu canadien et de la musique vocale de langue française reflète
avant tout notre engagement à respecter les quotas actuels de diffusion sans
oublier toutefois que la radio est en concurrence directe avec d'autres modèles
de distribution de contenu musical qui ne sont assujettis à
aucun.
112 Dans ce contexte, il
nous faut tenir compte davantage de la plus grande liberté de choix du
consommateur. Au fil des ans, la
radio privée francophone a accru de façon remarquable la présence de la chanson
québécoise et canadienne à l'antenne, à tel point qu'aujourd'hui la chanson
d'ici occupe en moyenne plus de 80 pour cent de la musique francophone diffusée
par la radio privée de langue française et presque la totalité, 95 pour cent de
toutes les nouveautés francophones présentées sur nos
ondes.
113 Par contre, le
consommateur québécois nous dit également que lorsqu'il a le choix entre écouter
de la musique francophone ou anglophone, il a une préférence nettement plus
marquée pour les chansons de langue anglaise que pour celles de langue
française.
114 Les résultats d'un
sondage réalisé en juillet 2005 par la firme DÉCIMA pour le compte du Ministère
du Patrimoine canadien le confirment.
115 Les Québécois sondés
par DÉCIMA ont indiqué consacrer 36 pour cent de leur temps d'écoute à la
musique de langue française, 45 pour cent à l'écoute de la musique anglaise, 13
pour cent à la musique instrumentale et seulement sept pour cent à la musique en
langues étrangères.
116 C'est donc dire que le
quota de musique vocale de langue française imposé à la radio privée de langue
française est, à toutes fins pratiques, deux fois plus élevé que le niveau
d'intérêt du consommateur québécois à l'égard de la chanson d'expression
française.
117 Dans ce contexte, pour
accroître la diversité musicale à l'antenne, l'ACR propose un système de prime
dont le but est de favoriser la diffusion des artistes canadiens de la relève en
offrant aux programmateurs des incitatifs pour compenser les risques associés à
la diffusion des chansons d'artistes peu ou pas connus du
public.
118 Dans le marché
francophone, le système de prime aura pour résultat de faire plus de place aux
nouvelles pièces musicales et aux artistes de la relève, donner la chance aux
stations de radios de langue française de se démarquer les unes des autres par
leur contenu musical et permettre à la radio de langue française de mieux
résister à la concurrence des stations de langue anglaise et des nouveaux modes
de distribution du contenu musical, tout en continuant d'assumer un rôle majeur
dans l'enrichissement de l'expression culturelle
francophone.
119 MR. BRAIDE: In the English market, the Canadian
Association of Broadcasters believes this incentive system will encourage music
programmers to take risks by playing more emerging artists, to move off gold or
recurrent track sooner, thereby reducing artists burn and increase the
effectiveness of exhibition quotas by focusing on quality, who is getting played
over quantity.
120 Preliminary testing
done by select stations of various formats in different markets indicate that a
modest application of the bonus system adding one single every other hour
between 6 a. and 6 p. would result in approximately six more spins a day
for emerging artists or an additional 30 spins per
week.
121 We believe radio can
maximize the impact of its exhibition quotas and CTD requirements by providing
increased exposure to emerging artists on air while at the same time focusing
funding on marketing and touring initiatives that assist artists in promoting
their first or second albums.
122 For these reasons, we
propose consolidating radios Canadian talent development funding into commercial
funds and exclusively at marketing, touring and promotion activities which have
proven to be of direct benefit to Canadian artists in establishing and
furthering their careers.
123 It's our hope that when
harmonized radios commitment to Canadian content French vocal music and CTD will
foster more music that responds to listener demands and allows radio to leverage
its promotional strength and support of Canadian artists.
124 That leads us to the
third point of our presentation, a recommendation to measure the impact of our
proposals and monitor the transition to an open market.
125 MR. MERSON: Given the rapid pace of change in the
audio landscape, the CAB believes it makes more sense to review policies of this
significance in cycles that are shorter than seven
years.
126 We also believe it no
longer makes sense for this responsibility to fall exclusively on the
regulator.
127 As a first step, the
CAB commits to finally report three years from today, May 15th 2009, that
measures the impact of its proposals on, firstly, increasing the amount of air
play dedicated to emerging artists and, secondly, the effectiveness of its
funding in supporting Canadian talent development.
128 Why three years? We believe that at that time programs
will have had enough experience for the bonus system to consider and evaluate
its application in the French and English markets and suggest changes that might
be required to increase its effectiveness and impact on emerging Canadian
artists.
129 We believe a report of
this nature will also provide an opportunity for all interested stakeholders,
the CRTC, Canadian Heritage, SODEC and the music industry to engage in an open
dialogue on the level and effectiveness of radio CTD
commitments.
130 This discussion will be
of critical importance since radio and other interested parties will have the
benefit of certain facts that at this time can only be left to
conjecture.
131 These include the total
level of CTD funding from additional sources, including contributions from
subscription radio services, new licences, transactional benefits and federal
and provincial funding, the health of the commercial radio sector and the impact
of changes to funding structures, resulting from the introduction of new
programs like the MEC.
132 Armed with this
information, private radio will be in a better position to consider its future
commitments to Canadian Talent Development based on its evaluation of the
effectiveness of funding to date, the demonstrable demand for music initiatives
and ensuring its competitive equity with the unregulated
sector.
133 We also note that in
order for radio to properly evaluate the effectiveness of its CTD funding, it is
absolutely imperative that all funding mechanisms provide publicly available,
detailed and accurate information on a per‑project basis that ensures maximum
transparency and accountability.
134 We strongly believe
that our proposed reporting exercise would be a positive step to ensuring
regulation keeps pace with the changing market realities and is consistent with
the Commission's intention to regularly monitor and review its policies as
provided for in its three‑year work plan under "compliance, research and
monitoring".
135 MR. O'FARRELL: There is no doubt that private radio has
a good story. However, over the
course of its 80‑year history radio has faced many challenges, through both boom
and bust economic cycles. In fact,
at various times radio has been written off as an obvious casualty of changing
circumstances in the medial landscape.
Meanwhile, the regulated environment of radio has prospered at certain
times and not at others. That was
then.
136 We respectfully suggest
the fundamental difference we now must recognize is that the cornerstone
assumption of the environment that brought us this far, controlled market entry,
will no longer regulate the audio services space as it has for all these years,
and that changes everything.
137 However, we cannot
state with unassailable certainty how quickly the landscape will change in
reflecting the reality of an open market as opposed to a controlled
market.
138 What is certain is that
it will change profoundly and the evidence of impact is mounting
rapidly.
139 Our position before you
today can perhaps be summarized as follows: A financially healthy radio industry,
supported by good public policy since the last radio review, is positioned to
face these new challenges and continue to serve the cultural and social policy
objectives this Commission is entrusted to uphold.
140 We have not proposed
wholesale change to radio regulation.
We have instead submitted proposals to maintain the principles of
Canadian music exhibition requirements and Canadian talent development
contributions, in addition to reconfirming the radio sector's commitment to the
broad regulatory contract with government, notwithstanding the technological
undoing of its cornerstone assumption, controlled market
entry.
141 Given the changing
circumstances in the environment, we propose to assess and monitor the impact of
our proposals in three years from today against the backdrop of hopefully a
clearer understanding of the appropriate regulatory directions for private
radio.
142 Mr. Chairman and
Members of the Commission, this completes our presentation and we welcome your
questions.
143 THE CHAIRPERSON: Thank you very much. Merci beaucoup, Mr. O'Farrell,
ladies and gentlemen.
144 I will begin the
questioning and a number of my colleagues will also have questions for you, I'm
sure.
145 I want to begin by
discussing an issue that was raised in our Public Notice but that you didn't
fully address, either in your written or your oral presentation today, and that
is really one of the forces driving our proceeding today, which is the impact of
new technologies, and in particular the internet.
146 I notice that in a
filing attached to your submission by Mr. Osborne he says
that:
"Radio broadcasters
have a favourable view of the internet as a complementary way to connect with
their listeners and a cost‑effective programming research tool. However, it does not appear that anyone
has found the formula for substantially recouping internet costs from
advertisers."
(As read)
147 I noticed in a speech
you gave, Mr. O'Farrell, I think a number of weeks ago, you also mentioned
that broadcasters are on the internet, are making use of it or experimenting
with it.
148 What I would like to do
with this panel, if I could, and with the individual broadcasters who come
forward, is ask them questions regarding their uses of the internet and their
ability to occupy that space.
149 I think that in the
longer run one of the best defences we have under the Broadcasting Act and for
our broadcasting system is an effective occupying of that field by people who,
like yourselves, are committed to Canadian content and the development of
Canadian artists.
150 So I think we would be
interested in whatever information you could provide us with on the uses and
experimentation that your members are making of that space and what conclusions,
as preliminary as they may be, that you could share with us to assist us in this
hearing.
151 So it is at this stage
rather open‑ended. I have gone to
the websites of a number of broadcasters, Mr. Braide, iceberg.com is one of
them, extremely interesting.
152 Frankly, I would love
to have you or the individual broadcasters elaborate now or during the course of
the proceeding on the lessons you are learning, the kinds of signals that you
are ‑‑ you have your streaming, the kinds of demand you are seeing, the
advertising success you may or may not have.
153 I know I have talked
with a number of you about this individually, but it would be useful to have it
at this hearing at this moment in time, a snapshot for the record of
that.
154 So I don't know how you
want to begin, but it would be helpful to me ‑‑
155 MR. O'FARRELL: Well, I think it is a good starting
point.
156 And thank you for
allowing the question to be framed that way, because I think that is the right
place where we should take this discussion, and that is to the internet and to
these alternative technologies that are competing with
radio.
157 I think that the
preface ‑‑ and each group here that is represented in their own way
are involved in some kind of activity that is internet‑based or otherwise
seeking to extend their business lines into new business areas that are all
about serving consumers and serving audiences.
158 I will invite each of
the individuals here that would like to share with you their own corporate group
stories for the record.
159 If I may, I would take
two steps back and say that's exactly what we are talking about, which is a
closed market where we are coming from emerging into an open market where we are
and where we are going to. Clearly,
Canadian radio broadcasters are engaging very actively in every possible area of
development that leads them to continue in that service orientation of taking
content to Canadian consumers in their local marketplaces or
beyond.
160 The same is true of
broadcasters across the world.
Regulated broadcasters in other jurisdictions as well are looking to
these new activities as places to go to extent their businesses. The distinction being, of course, those
jurisdictions do not have the same kind of regulation in their traditional
business that we have here in Canada, and therefore one could suggest that in
certain instances there might be a leg up that radio broadcasters elsewhere have
over Canadian broadcasters in getting into this unregulated
space.
161 Before I hand it off to
a few of my colleagues to answer you specifically on the corporate group stories
that they would like to share, it was only a few weeks ago the Clear
Channel ‑‑ as you know the largest American radio broadcaster ‑‑
announced that it was producing programming for 75 new radio channels to be made
available to all forms of alternate media services.
162 Which is why we have to
be careful when we say "internet".
Some people feel that's a confining statement. But in this instance their intentions
are to go well beyond the confining definition of internet and into a much
broader application of alternate media, such that the original audio, video and
text programming will providing a foundation for, yes, internet channels,
station websites, but iPods also, satellite broadcasts, in‑vehicle navigation
systems and HD radio multicasts.
163 So it's just a broader
sense of the area that they are working with.
164 So on the heels of that
kind of a statement, I think which is where others are going, you might want to
hear from the corporate groups.
165 Maybe I will start with
Rob and then let others chime in with their stories.
166 MR. BRAIDE: Thanks,
Glenn.
167 Mr. Chair, I think
speaking for the industry in general there are three sort of overriding
principles in assessing or evaluating the wisdom of using the
internet.
168 The first is
penetration of tuning, and I think particularly in Canada we are seeing that
moving pretty quickly. We are a
very highly broadbanded country, as the Commission is
aware.
169 I think the other two
overarching concepts are metrics and monetization.
170 We are still at the
infancy of figuring out how to measure internet usage and as well how to
monetize.
171 Speaking now more
specifically about Standard, you mentioned
iceberg.com ‑‑
172 THE CHAIRPERSON: Just on that point, and by coincidence I
happen to have your icebergradio.com, and on each of the pages you mentioned
2,567,000 unique visitors, 1,500,000 total page views, a million, and so on,
unique visitors. So you are
measuring something, clearly.
173 MR. BRAIDE: The metrics are there, it's a question
of having those metrics accepted by the wider advertising
community.
174 THE CHAIRPERSON: Yes.
175 MR. BRAIDE: It is a situation in its infancy. Certainly the internet, there have been
various metric systems set up since pretty much 1995 and I think we can sort of
go back to identifying it all starting.
176 Maybe Mr. Grierson
can talk more about that after we're done in terms of that measurement. But the measuring is going
on.
177 Back to iceberg.com, I
think the Commission has seen Standard take every opportunity to use, I guess
Trout and Reese first came up with the concept of line extensions. The internet, Serius Satellite Radio and
other things that Standard has done are effectively line extensions to take our
content and move them as far out as we possibly can.
178 THE CHAIRPERSON: Yes.
179 MR. BRAIDE: I think we see that as the potential for
the internet and one of the reasons why we have invested so heavily in the
iceberg.com portal and as well have developed such a strong internal mechanism
to maintain website backends for our individual radio
stations.
180 And with success which
is yet to be measured, but which we feel guardedly optimistic
about.
181 THE CHAIRPERSON: Is it too much to ask that
Mr. Heimrath, or whoever it is that runs your service, present with your
group when you appear in ‑‑
182 MR. BRAIDE: It is our intention to have Jean‑Marie
Heimrath with us tomorrow afternoon, Mr. Chair. Thank you.
183 MR. MAHEU: Mr. Chair, if I may ‑‑ I'm
sorry. Go ahead,
Rael.
184 MR. MERSON: I'm sorry. Go ahead.
185 MARK MAHEU: All right.
186 In terms of the
internet, right now for a lot of radio stations it's a complementary service to
the over‑the‑air broadcasting that they are all doing. The reason for that is, as we all know,
our business and our industry is driven by consumer behaviour. When that consumer behaviour starts to
change, our business needs to start looking at where it needs to be to continue
to be successful.
187 We saw that with the
transformation of our business back in the late '80s and early '90s with the
move from AM to FM, amplitude modulation to frequency modulation. You know, it was not that long ago when
AM radio led in terms of listening with people, and the standard went up in
terms of sound quality to the FM.
Consumer behaviour was driven by the availability of low‑cost receivers,
and AM radio's world changed very rapidly.
188 What we are seeing now
with the internet is that radio, like all media, does not operate in a vacuum
and people use all sorts of different medias different
ways.
189 Up until this point, or
until recently, radio owned that mobile content space. We have all heard the phrase that
"content is king". If that is true,
then mobile content is King Kong.
We have, as an industry, always owned that position. That is changing.
190 The internet was really
the first step in the beginning of that transformation. It brought digitization to the
forefront, MP3 transfers. It also
was the portal or the opening for podcasting to begin to take
place.
191 And we are not that far
away now from broadband‑enabled areas, city‑wide or in large metropolitan areas
where broadband internet access is going to allow people to be able to receive
broadcasts, whether they come from the Internet or regular radio stations, on a
wireless basis. Of course that
would obviously concern private broadcasters.
192 But at the same time,
radio has seen consumer behaviour change.
Canadian radio specifically has done quite a good job, evidenced by what
Standard is doing with iceberg, and a number of other private broadcasters are
doing with their internet presence, to try to at least be in that space to see
where consumer behaviour is going to be. In other words, if you are in the game
and you are experimenting ‑‑ and a lot of companies are ‑‑ nobody has
the silver bullet yet, as Rob said, to be able to monetize that
tuning.
193 But we feel it is
important to be there and invest money, so that we can at least see beyond the
horizon a little bit what is out there, what possibilities lie ahead. That is probably the most valuable thing
radio is doing with the Internet right now, is being in the space, trying to
figure out how our conventional platforms might be useful in the future with
changing consumer behaviour, and it is extremely
important.
194 But the bottom line on
internet broadcasting right now, or simulcasting our over‑the‑air signals is
there's no radio station that I am aware of that is able to monetize it. It is starting to get some ratings, it
is showing up in terms of tuning, but it is very difficult to monetize that
today.
195 THE CHAIRPERSON: So does that happen? How does it get the ratings? How is it rated when it's coming in on
the computer?
196 MR. MAHEU: What people are doing now with BBM
methodology, is there are now reports ‑‑ and this has only been recently
over the last couple of years ‑‑ is penetration listening on the internet
has increased where people are actually reporting that they are listening to
radio broadcasts on ‑‑
197 THE CHAIRPERSON: In the diaries.
198 MR. MAHEU: Exactly, on the
internet.
199 THE CHAIRPERSON: Over the week
that ‑‑
200 MR. MAHEU: Sure. So some of that tuning is starting to
show up ‑‑
201 THE CHAIRPERSON: I see.
202 MR. MAHEU: ‑‑ but
it's very difficult to monetize that tuning.
203 THE CHAIRPERSON: Right, but the viewing of the website
while tuning, is that something that you are able to capture or is that
something you still haven't been able to monetize
all ‑‑
204 MR. MAHEU: It's very difficult to monetize, Mr.
Chair, because with internet radio you can be listening to an internet broadcast
while surfing basically any site that you wanted to. So we could be on the CRTC website
looking over whatever, also listening to something coming from across the road
or around the world?
205 THE CHAIRPERSON: All right.
206 Have you experimented
with different genres of programming?
207 One of the questions we
asked in the Public Notice was the question about showcasing Canadian
programming and the possible needs for incentives going forward, with or without
licensing.
208 Have you formed any
views on that or is it still too early, as to the nature of the programming that
works? Are you just streaming your
own stations?
209 MR. MAHEU: I can't speak for all broadcasters, but
as a member of the CAB I can certainly speak to the company I
represent.
210 We see the internet as
a valuable tool to be able to promote in a complementary manner some of the
things we do on the air for the development of Canadian talent. What we are finding is that many
emerging artists, especially independent artists, are making great use of the
Internet to get the word out about their music and about what they are
doing.
211 Certainly here in
Ottawa, for instance with our alternative rock station, we make extensive use of
the internet. We have created
forums for bands and listeners to be able to interact together and listeners can
find out via our forum where bands are playing around town and what's happening,
or listen to MP3s that the bands supply.
212 So I think there is a
real benefit there and I think that type of approach is very much in its infancy
and radio, being an entrepreneurial business with some very smart people, are
going to take that as far as it can possibly go.
213 The big issue that
broadcasters are worried about, though, are: If we can do it, anybody can do. So all of a sudden we are faced with the
prospect of all of these potential unregulated competitors playing in that space
without the same kind of obligations to the Broadcasting Act or the
development of Canadian content that we have and we have to compete in an
inequitable manner with those folks.
214 And it's starting. Iceberg happens to be an endeavour
that's owned by a broadcaster.
There are other ones in the United States and in Canada that are not
owned by private broadcasters, and as means to receive those signals move beyond
the desktop to the wireless ubiquitous device world which we are now starting to
come into. That's where we see the
storm clouds.
215 THE CHAIRPERSON: I appreciate that. Answers are in short order, but the
concept of building on your own abilities, because you certainly know how to
reach audiences and you have awakened to this, varying broadcasters at varying
times, and if there is a way to ensure that through us as the vehicle the
Canadian objectives can be fulfilled, then in effect there is some fresh
thinking that could be done regarding incentives of one kind or another that
might help achieve those same objectives, to extend the regulatory bargain, I
think as Mr. O'Farrell referred to it, to the wider
environment.
216 I mean, we have always
had to do that as Canadians, since the start of radio. We have had to leverage the new
technologies that were prima facie working against us, and I think up to now
have managed to do very well in capturing them as a vehicle for our Canadian
artists and performers. We have to,
with not perfect success, but I think it's something we have to continue to try
to figure out how to do through a combination of entrepreneurship and regulatory
backing.
217 MR. MAHEU: It's a very good point and you are
absolutely correct.
218 What makes this
particular time different than any other time is the fact that the internet
knows no borders.
219 And unlike any other
time, potential future competition that private radio will face in the wireless
world, whether it's internet or broadcasting to cell phones or devices, is that
the content can come from virtually anywhere.
220 And anecdotally, it
would be similar to having companies in Europe and the United States having
ultra powerful transmitters that could transmit FM signals right into Canada on
an unregulated basis.
221 THE CHAIRPERSON: What you say certainly registers. The internet has no borders, though as a
concept I think is not an unequivocally true statement.
222 When we see the
downloading of "Desperate Housewives", for example, on television by I think it
is the ABC network, they are not accessible to servers outside the
country.
223 So it seems to me that
rightsholders are going to continue to want to ensure that, to the extent
possible, borders can be imposed.
224 I am not suggesting
borders here; quite the contrary. I
am assuming that it is going to be borderless for purposes of the exercise and
figuring out ways of again leveraging the technology in a more borderless world
to achieve the objectives. I don't
see the objectives that we have as Canadians are going to change all that much
in regard to wanting to promote our own songs and artists and
performers.
225 So it is up to all of
us to try and figure out a way of doing that that is least intrusive and least
chilling on the technology and on the investment while we move
forward.
226 MR. MERSON: Perhaps, Mr. Chair, I can speak to the
business model.
227 We do look at the
internet. We look at the new media
as an opportunity as much as we look at it as a threat. We are in the midst of a storm so it is
difficult to see sort of what the beginning and what the end of it
is.
228 To us as we speak about
radio, a vernacular changing, we no longer speak about radio or television but
we speak about audio content and video content and data and social media and
connections and stickiness, the terms that really underlie what the internet
does.
229 As we think of how it
is from a business point of view we organize our activities in that regard, we
speak a little bit about the media finding its own way home. So to some degree what you have to do is
rethink how it is the service that you provide. So the service you provide might not
well be radio, but it might well be audio content. Along with that audio content might be
community and it might be interactivity and it might be a whole bunch of
different things.
230 But whatever content
you develop now has to have those characteristics. So it has to have the characteristics of
audio. It probably has to have
video. It has to have social
media. It has to have community and
it has to have all the bits and pieces.
231 As you create this, you
create this in a different environment.
You don't create it as a one‑off.
The vernacular changes. It's
not radio any more; it's a stream or it's a download or it's a
podcast.
232 But the key to us from
a business point of view is to create once and publish many times, and publish
in whatever sphere requires that content in whatever way the content is
required.
233 So we from a business
point of view are in the process of reorganizing our affairs and doing what we
need to do to ensure that we maximize the opportunities. We are agnostic to medium but we
maximize the opportunities to find our content sort of finding its way to an
appropriate home.
234 The difficulty, as Mark
says, is replicating the dominance we have in the analog world in the digital
world. It is a much more open
environment and it is difficult to meet all of the objectives at the same
time.
235 I am one who believes
that we are very much at the inception of the revolution, and the revolution
goes through a couple more phases.
236 The first phase is the
evolution to IP‑based protocols, and in IP‑based world there really is no
distinction between one medium to the next. Currently even though multiple media,
you know a phone call or a video stream or an audio stream goes down the same
pipe or across wireless, there still requires separate infrastructures in order
to manage them.
237 In an IP‑based world,
the same infrastructure manages all of those types of
streams.
238 The second big
revolution we are going to come into is software‑defined receivers. These are true multi‑media capable
devices. We have seen them out
there. They are in Korea. They are out there in their
infancy.
239 What these devices will
do is act very much like a modern PC does in the sense that if you have a
Windows media file and somebody sends you a Real Player file, you go down and
the software is intelligent enough to go to the internet and download the
drivers necessary to make all that happen.
240 So it's another phase
of the revolution that will come over the next couple of
years.
241 And the third ‑‑
and this is one that we sort of are involved in in a very big way ‑‑ is the
roll out of wireless and the fact that wireless is going to become
ubiquitous.
242 And the radio industry
has had some real barriers to entry into its current business based on the fact
that it ultimately was the only portable medium out there. What we are seeing now are real
incursions into the wireless base through DVBH, through Flow, through all the
other technologies out there.
243 The question you asked
us was: How do we monetize
this? To some degree, we reorganize
our activities to ensure that we give the maximum exposure to the content that
we create. And on the other hand we
know that what has made radio successful in the past has been localness. And to some degree we have to recreate
that localness as adjuncts to our businesses in the digital
space.
244 We are doing that to
some degree. The biggest revenue
producer on the internet has been Search.
So if you look at most of our websites you will see Local Search in the
sense of recommendations.
245 What we can do that is
different from the Googles of this world who provide sort of global access into
the internet is to editorialize, and that is what we have done in the past as
Canadian media. We take your
question about what restaurant to visit in the local area and we say: Look, our experience is this is what's
best and this is where you should go to.
246 So we've got to make
that evolution. We've got to sort
of repurpose our content. We have
to try to anticipate what the world is going to look like, and we've got to
stick with what it is that sort of brung us to the party, which really is
localness and our hold on the local markets.
247 But it is not
obvious.
248 M. PARISIEN : Monsieur
le Président, si vous permettez, j'aimerais vous donner quelques perspectives du
marché francophone, suite à la question que vous avez
posée.
249 Alors, toutes les
plate‑formes n'ont pas, évidemment, le même impact. Il y en a certaines qui créent une
concurrence accrue, particulièrement au niveau du revenu commercial. D'autres, tout simplement, réduisent nos
auditoires, mais c'est non négligeable.
250 Il y a définitivement
des opportunités pour les radiodiffuseurs francophones de profiter de cette
révolution et d'investir maintenant, mais le constat, évidemment, des
principales entreprises qui sont impliquées dans les marchés francophones, c'est
que ça prend énormément, énormément d'argent et que l'horizon n'est pas très
clair encore.
251 Le temps d'écoute se
fractionne énormément, et c'est la radio commerciale francophone, le marché
francophone qui en fait les frais, et ça fait partie de la révolution qu'on vit,
évidemment.
252 Un facteur important
aussi, c'est que l'industrie de la musique est peut‑être intervenue sur le tort,
afin d'empêcher le téléchargement de fichiers, ce qui a développé une culture
auprès d'une nouvelle génération que la musique, c'est gratuit, et que la
musique aussi, c'est gratuit et c'est surtout facilement accessible en
anglais.
253 Alors, dans le marché
francophone, pour nous, les activités web ne sont pas nécessairement
complémentaires aux activités de base de nos radios commerciales. C'est pour nous maintenant de trouver un
modèle d'affaires qui va faire qu'on va pouvoir compétitionner adéquatement avec
l'érosion de tous ces auditeurs‑là.
254 On a un cas vécu, nous,
qui est Radio‑Libre.ca, que je vous encourage, d'ailleurs, à aller visiter pour
mieux comprendre comment...
255 LE PRÉSIDENT : Je l'ai
déjà fait.
256 M. PARISIEN : O.K. Nous avions, comme concept, développé
Radio‑Libre autour de la thématique de la diversité et aussi de la découverte
musicale. Radio‑Libre est un site
qui a mis en ondes, en français, tous les produits francophones
disponibles. On les a numérisés, on
les a mis en ondes, et on vendait ça par abonnement parce que c'est des coûts
assez élevés.
257 On s'est rapidement
aperçu que la musique c'est gratuit, la musique ça ne se paie pas par
abonnement, dans ce cas‑là, surtout quand c'est une auditoire plus jeune, et on
a été obligé de fermer le volet abonnement pour retourner à un volet public
gratuit.
258 La conclusion à
laquelle je veux en venir, c'est que le constat principal qu'on fait, c'est que
oui, la musique est gratuite, oui, ça défie toutes les structures d'affaires de
notre radio commerciale, mais aussi ça glisse rapidement pour l'auditoire
francophone vers une écoute accessible, facilement accessible de musique en
anglais aussi.
259 THE CHAIRPERSON: Mm‑hmm.
260 Mr. Hildebrand,
speaking for a smaller market broadcaster, I know you have had experience with
the use of the internet.
261 MR. HILDEBRAND: Certainly what we have been doing in the
prairies, we have not been streaming because, as you have already heard, nobody
has figured out yet how to charge or monetize anybody that is listening over the
internet.
262 So we have developed a
business model that works in our environment where we are setting up community
portals and, as a result, actually using all of the local material that we
generate on a day‑to‑day basis then is also used on the internet. That has resulted in many
communities. We are now upwards of
tens of thousands of individual users and this seems to be
growing.
263 We have been able to
develop a business that actually generates a secondary revenue stream to radio
advertising. So we see this as
something that may be a big adjunct to whatever we do on the
air.
264 So it is a little
different maybe than some of the other ones that you are hearing about, but we
are finding that that works in the smaller communities and we are actually
ramping up that whole process to do a lot more of it.
265 THE CHAIRPERSON: So using it essentially as a parallel
service rather than as a carrier for your radio station.
266 MR. HILDEBRAND: Right. We haven't done any original
programming. We are basically using
local news, local weather and anything that happens in the
community.
267 We are providing job
opportunities, both for jobs wanted and jobs looked for. We are providing a trading opportunity,
plus everything that happens in the community is on the site. As a result, it is sort of a community
shopping centre.
268 We have been able to
provide a revenue stream that is actually growing and becoming
significant.
269 So the other thing that
works well is that one complements the other: a radio station can drive people to the
site and the site can put people back to the radio station. So it is sort of a complete
circle.
270 THE CHAIRPERSON: Thank you.
271 Mrs. Crawford, are you
in the position to speak for CHUM or would you prefer that I wait until they
make their appearance?
272 MS CRAWFORD: I would encourage the Commission to
address our panel tomorrow.
273 THE CHAIRPERSON: Okay.
274 MS CRAWFORD: There are people on that panel who are
much more knowledgeable than I am and can speak in more
detail.
275 I would emphasize that
we have been very active in that area and echo some of the comments made this
morning.
276 It is challenging to
monetize one's activities in that area.
We are active in both the television and the radio side and so we see it
as a somewhat platform agnostic venture for content creators to really fully
explore all of the new media.
277 In terms of what our
radio stations are doing, again there will be those on our panel tomorrow who
can speak in much more detail about that.
278 THE CHAIRPERSON: Sure.
279 MR. O'FARRELL: Mr. Chairman, if I may, just to complete
the answer...
280 THE CHAIRPERSON: Go ahead,
Mr. O'Farrell.
281 MR. O'FARRELL: I would like to ask Ken Goldstein to
offer perhaps a broader view or a wide‑angle view on the situation because Ken
has done some work in this area.
282 Before I pass it to
Ken, I want to make one remark with regard to your comment pertaining to
"Desperate Housewives" and downloading it in‑country only.
283 The distinction we have
to be careful of is that is exclusive content as opposed to ‑‑ and we are
talking about music, music being non‑exclusive content. There are obvious differences that apply
there.
284 THE CHAIRPERSON: And to Mr. Parisien's point, I
understand that. But I guess
exclusivity is one of the things you will experiment with, as difficult as that
concept is in the world of music, with all the avenues.
285 Before Mr. Goldstein
responds ‑‑ because I will let him respond to this next point ‑‑ it is
again in Mr. Osborne's brief. He is
conveying the view that ‑‑ this is on
podcasting.
286 He says it is generally
perceived as a positive development that may help the radio broadcasters
repatriate the younger listeners.
287 I haven't heard any of
your spokesmen on that.
288 So if there is anything
that Mr. Goldstein or others would add on that, we recognize that that is
the demographic that appears to be least tuning to radio among the entire
population.
289 I am wondering whether
you would agree with those views conveyed through Mr. Osborne and whether
in fact your use of the internet is able to address connecting with that
demographic any better than perhaps you have over the air.
290 MR. O'FARRELL: I will let Mr. Goldstein take it
and if anybody wants to add.
291 I think the evidence
you have heard this morning is that where there are activities online, they
basically have not been monetized in a manner that has proven to be successful
to date in any demographic group, including the potential repatriation or
attraction to the younger demographic group.
292
Ken?
293 MR. GOLDSTEIN: Thank
you.
294 I think on the question
of the internet, one could obviously deal with it at many levels in terms of how
it affects the use of time, in terms of how advertising is growing rapidly on
it.
295 But I think I would
limit my comment on the internet in a contextual sense in terms of what you
heard and picking up on what you yourself said about
borders.
296 There are geographic
borders but there are two other kinds of borders that the internet also
shatters. I think it is important
that we have to remember that.
297 Yes, geographic borders
are at issue, and although one attempts to limit the reception of something like
"Desperate Housewives", I suspect I could walk not more than a hundred yards
from here and find a teenager who would tell me how to do it from
anywhere.
298 But the other
borders ‑‑
299 THE CHAIRPERSON: He could probably tap into the satellite
signal as well ‑‑
300 MR. GOLDSTEIN: Right. I wouldn't know from such things
but...
‑‑‑ Laughter /
Rires
301 THE CHAIRPERSON: We are trying to combat all of
that.
302 MR. GOLDSTEIN: Yes.
303 The other two borders,
though, are equally important and they go to the question of monetization and
the increased fragmentation conversation.
304 The first is of course
the borders between and among other media because if radio is going to be
occupying some of the text space, the people who were text‑based are going to
start occupying some of the audio space.
305 But the most important
border in all of this is the border between and among media and
non‑media.
306 If the large
advertisers themselves, all of whom have websites, decide to put entertainment
content on their websites, the same kind of entertainment content as media have
traditionally delivered as a way of attracting people to their websites, that
not only adds competition but that means the cost of what we as broadcasters
consider the cost of programming to them now becomes part of the advertising
budget.
307 That really changes the
economics of everything.
308 I think that was the
only additional contextual comment I could
make.
309 On the notion of
attracting young people, podcasting and vlogs and blogs and broadly speaking
consumer‑generated media seems to be where young people are at and increasing,
not just young people but as the age moves up.
310 The important point to
remember about radio and young people is that it is not just radio; that if you
take a look across all media you find young people are being drawn to all of
these new devices, to all of the consumer generated media.
311 So if we only say well
radio may have a problem with the teen and young adult market, so does
television, so do newspapers, so do magazines, so does everything we thought
were the traditional media.
312 So I think that again
is a little bit of context.
313 THE CHAIRPERSON: Thank you very
much.
314 The next question is
probably for you, Mr. Goldstein. It
has to do with your study for the intervention.
315 It is your assessment
of impacts of the new technologies on radio broadcasting. You have numbers in your
study.
316 Let's see if I can get
to it quickly.
317 Your scenarios of
impact in year 5, of a 4.9 reduction in overall tuning and a 1.0 percent
reduction in ad revenues and a heavy scenario, a high impact scenario, of
approximately 8.5 percent reduction in overall tuning and 3 percent in ad
revenues.
318 It is reproduced, I
guess, at page 110, I believe, of the intervention.
319 Do you happen to have
that? I'm having a little trouble
putting my finger on it right now.
320 MR. GOLDSTEIN: I have it. It is pages 31 onward in our
report.
321 THE CHAIRPERSON: Right.
322 MR. GOLDSTEIN: I have it in that form in front of
me.
323 THE CHAIRPERSON: Yes, there it is.
324 My question is how you
arrived at those numbers governing impact in the high and low impact scenarios,
at page 31.
325 MR. GOLDSTEIN: Well, I ‑‑
326 THE CHAIRPERSON: Without going through your
study.
327 MR. GOLDSTEIN: Right.
328 THE CHAIRPERSON: I guess the question is the assumptions
are not, if you like, data‑based as much as they are based on the assumptions
that you sum up at page 1 of your report, where you talk about potentially
cyclical downturns and thresholds biting at technology.
329 So it is that kind of
assessment going forward.
330 Is that a fair
comment?
331 MR. GOLDSTEIN: That's absolutely
correct.
332 On page 31 in the
little box at the top where it says "Assumed Annual Percentage Change in
Tuning", those were the numbers we put in and then we just let them flow out
cumulatively.
333 I didn't just pull
these out of thin air. I reviewed a
bunch of financial analyst reports, particularly from the American market. And I'm not saying the American market
is the same as the Canadian market, but they have had some of these technologies
a little earlier and therefore there are more reports floating around that try
to go forward and say, you know, what percentage of this, and so
on.
334 I actually found a
number of the American reports too pessimistic. They did a one‑to‑one relationship
between tuning reductions and advertising reductions and I didn't accept
that.
335 I said that radio is
well‑run in this country, radio has a good local record. I think a little bit of erosion can be
overcome with pricing, with promotions, with all of the entrepreneurial things
the industry can do.
336 That's why, for
example, in the low scenario with a 4.9 per cent decline you only have a
1 percent decline of what the revenue otherwise would have been. Then I just put the numbers out and drew
the lines and applied it as if it would have been last year. So it's just to give an idea of how much
a bite might happen at certain levels.
337 THE CHAIRPERSON: Right. I guess when you try to gauge the
impact, and if you look at both, either satellite radio or the internet ‑‑
I have looked at a number of American studies and there is a Credit Suisse study
of Canada on potential impact of satellites, and I guess in‑car tuning in Canada
is lower than in the United States, 25 percent compared with 35 percent. When they do their analyses, the numbers
that they come up with are relatively modest.
338 In the United States
for instance, the cannibalization ‑‑ I'm looking here at a study by J.P.
Morgan done about a year ago where the estimate is that cannibalization of radio
listening in '06 at about 1.5 percent.
339 Are you familiar with
that study?
340 KEN GOLDSTEIN: It sounds familiar. I have some more recent
ones.
341 But again, what we are
talking about is '06. We are going
forward from that.
342 THE CHAIRPERSON: You go forward,
yes.
343 MR. GOLDSTEIN: Yes.
344 THE CHAIRPERSON: Their estimate going ‑‑ and the
farther out you go forward, the more difficult it is.
345 Would you say, from
your knowledge, that the subscriptions of Canadian satellite operators are
making an impact on radio at this point?
346 KEN GOLDSTEIN: I don't think so yet. I think it's too
early.
347 The interesting place
that Jeff Osborne has talked about in his work ‑‑ you have his
study ‑‑ it sometimes will affect ad agency attitudes before it turns up in
the tuning.
348 I think Pat Grierson
could speak to that in more detail.
But sometimes if all the media buyers have the new services, they start
making some assumptions that aren't yet supported by the
data.
349 But it's very early
days here for that particular item.
350 THE CHAIRPERSON: Yes. I think, as Mr. Merson was saying
before, radio succeeds as a local medium and one thing that satellite isn't is
local. It's also a pay medium, a
subscription medium that requires an upfront payment every
month.
351 I haven't, frankly,
been able to discern impacts in the financial reports that I have studied. That doesn't mean it won't happen. Certainly I grant you
that.
352 But in the reports in
this proceeding and elsewhere it could happen, but again it hasn't happened
yet. So we are left, as with so
many areas dealing with the new technologies, the numbers are hard to come by
and you have done a good faith effort to try to make projections going forward,
but it's hard to base it on substantive data.
353 MR. GOLDSTEIN: I would agree completely with that
comment.
354 I would only add one
thing, that is of course we did not limit our impact to satellite. We didn't say, "Well, this will be
satellite, this will be iPods, this will be internet, this will be mobile",
because at the moment we don't know the precise mix. But we said, if you take them all
together ‑‑ plus, as Glenn O'Farrell pointed out at the beginning,
something that might be around two years from now that nobody knows about
today. I took that all into
account.
355 THE CHAIRPERSON: Yes. All right.
356 I guess Mr. Osborne
points out on the internet that his people that he interviewed don't anticipate
any significant revenue ad implications in the short or medium term. So I guess it's a bit of a guess going
forward and you have every reason to be concerned, particularly, as you have
said, from unregulated media who may not have the same
obligations.
357 Which is I guess why in
the Public Notice and in this hearing I would appreciate whatever help you can
give in terms of leveraging the fact that you are regulated and turn it into a
benefit in the sense of suggesting incentives or other ways of ensuring that
Canadian music artists are carried on these new media to the maximum extent
possible.
358 MR. O'FARRELL: May I jump in very quickly, Mr.
Chairman?
359 THE CHAIRPERSON: Yes.
360 MR. O'FARRELL: In our brief, and I don't have the exact
page in front of me, we presented to you some information in chart form that
showed how there was a rise in particularly the youth demographic segment, but
across all demographic segments where people were actually ‑‑ the increase
in non‑use of radio. To make sure
that we made the point perfectly clear in the materials we distributed to you
this morning we also produce the inverse chart, which shows the clear decline in
tuning to radio across all demographic segments, in particular the youth
segment, but across all demographic segments in the past five years. This is 2001 to 2005. It is in the attachments that we
circulated this morning.
361 My point here is, these
facts don't lie. The decline is
real, the decline is demonstrable, and it's across all demographic
segments. That's number
one.
362 Number two is, we
cannot necessarily and certifiably tell you this morning that the impact is due
to one or another of the new technologies, but we do know that the new
technologies are competing. In
fact, we don't have to tell you that other than anecdotally. We all know that it's a fact that we are
dealing with today and we will be dealing with more so going
forward.
363 Hence, what we feel is
absolutely clear to us is that as we step into this open marketplace with these
competing technologies and these competing delivery mechanisms and this
competing content, much of which is unregulated ‑‑ satellite, yes, is
slightly regulated. That is only
one form of fragmentation ‑‑ we do feel that it's not unreasonable to
suggest that the chart that shows the decline overall is not, in all likelihood,
going to bounce back. If anything,
there is every indication that the more these kinds of technologies come
on‑stream and the more access is given to consumers in more and more ubiquitous
devices at lower and lower cost to purchase, with greater and greater
accessibility, the likelihood is these facts will continue to show decline. That's number two.
364 The last thing I wanted
to mention was, you mentioned in your comments a few seconds ago about
music. As much as music is an
important part, and has been an important part of radio, radio is not just about
music. In fact, to be perfectly
candid, I get caught up in that sometimes too, thinking about it only in those
terms.
365 Music is a fundamental
component of radio, there is no doubt, but what is absolutely fundamental to the
business of music is serving consumers ‑‑ I think that's what Marc said
earlier ‑‑ of which music can be a component.
366 But more and more, as
the experience of the Québec market has indicated ‑‑ and Mr. Parisien
spoke of that ‑‑ where music as a non‑exclusive product is being made
available and one where this is so much more competition, there may well be a
greater migration towards exclusive content to further differentiate and to
further make the commercial viability of local radio more likely going forward
than less.
367 So I think that we have
to remember the fundamental concept of radio as a medium, while having enjoyed a
great relationship with radio ‑‑ that music has enjoyed with radio, I'm
sorry, there are other contents and, frankly, the exclusive contents may well be
the place to go if you want to make sure that you have more differentiation
capabilities than less and you are offering to consumers.
368 THE CHAIRPERSON: I'm trying to reconcile your chart that
you just drew our attention to with the total hours tuned numbers which we have
which show that since 1997 roughly total hours tuned across all persons 12‑plus
has remained pretty stable, 516 million hours in '97; 531 million in
2005, with dips around 533, 540, 529, 538 in
between.
369 How do you reconcile
those? What is the chart purporting
to say?
370 MR. O'FARRELL: The chart you are making reference to
is...?
371 THE CHAIRPERSON: Your chart.
372 MR. O'FARRELL: The chart that we just handed out,
yes.
373 THE CHAIRPERSON: In the face of those numbers that show
pretty stable total hours tuned and pretty flat ‑‑ a pretty flat graph over
the last five years, both in the 12‑plus and the 25‑to‑54 demographics, a change
of 1 percent a year.
374 MR. O'FARRELL: I'm afraid we are not on the same page
exactly.
375 Are we referring to the
chart that was attached to the oral presentation?
376 THE CHAIRPERSON: Yes.
377 MR. O'FARRELL: Okay. So we are talking about this five year
tuning trend that shows decline since fall 2001?
378 THE CHAIRPERSON: Yes. I'm trying to reconcile it with a pretty
stable total hours tuned data that we got from BBM over the past five
years. Over the past five it seems
to be stable, plus or minus 535 million hours a year tuned, all persons
12‑plus.
379 MR. O'FARRELL: Well, it's what you are reconciling
it to that I'm having trouble following.
380 The chart that we just
handed out I think makes a statement.
How it reconciles back to the data that you are referring to, I'm not
quite sure.
381 But I do think that it
is fair to say ‑‑
382 THE CHAIRPERSON: Why do you show a downward trend, I
guess, in the different demographics?
383 MR. O'FARRELL: Well, effectively all demographic trends
are tuning less to radio today than they were five years
ago.
384 THE CHAIRPERSON: Percentage of the total
population.
385 So is it fair to say,
if total tuning is roughly flat and the population grows your tuning as a
percentage is down? Is it as simple
as that?
386 MR. O'FARRELL: Ken, do you want to jump
in?
387 MR. GOLDSTEIN: That's the answer.
388 THE CHAIRPERSON: That's the answer. Okay, thank
you.
389 Looking again at other
challenges that might be coming down the pike ‑‑ again, as you go into the
future there are no facts and you are crystal gazing a bit. But when we look at GDP and retail sales
projections, Conference Board figures, others as well, we see a fairly
optimistic set of projections.
390 The Conference Board of
Canada, Winter 2006, shows a percentage change in GDP going up roughly
3 percent a year over the next five years and retail sales going up about
4.1 to 4.7 percent, roughly 4.4 average.
391 Are those projections
you are using in your own analysis, gentlemen? Mr. Goldstein or
Mr. O'Farrell?
392 MR. O'FARRELL: Ken...?
393 MR. GOLDSTEIN: We didn't actually do a projection. We did an impact assessment. But I mean we do use the same Conference
Board figures all the time in our underlying models.
394 THE CHAIRPERSON: So I guess the question is: If those numbers hold, does it
counteract the impact sufficiently?
I guess that's a tough question to answer.
395 MR. GOLDSTEIN: Again, that's why we did it the way we
did it, which is to say: How would
this affect what it otherwise would have been?
396 THE CHAIRPERSON: But did you actually use those kinds of
projections in the "what otherwise would have been"?
397 MR. GOLDSTEIN: Well, no. The "what otherwise would have been" is
the unknown, and so we say let's say radio ‑‑ if you look at Figure 10 and
Figure 11 in our report you will see a tracking of radio with both GDP and
retail sales, and you will see that it's a fairly constant relationship, which
is not particularly surprising, although slightly ‑‑
398 THE CHAIRPERSON: You only go backwards on
those.
399 MR. GOLDSTEIN: We go from '91 to 2005,
yes.
400 THE CHAIRPERSON: The question is: Did you factor into your projections
those kinds of growth rates that might ‑‑ given that there tends to be a
pretty close relationship between radio advertising and retail sales, would that
have counteracted the impacts that you are projecting?
401 MR. GOLDSTEIN: Well, that's it. It's not a counter
acting.
402 Let's take a
hypothetical example. Let's say
that radio and retail sales in a given year go up 3 percent, so all our analysis
is basically saying: If it would
have been 3 percent higher based on normal occurrence, these new technologies
will have the following impact on that 103.
403 THE CHAIRPERSON: So you are taking that into
account. But I didn't notice
that. Perhaps I missed
it.
404 MR. GOLDSTEIN: But the point
is ‑‑
405 THE CHAIRPERSON: Can you draw my attention to where you
actually ‑‑
406 MR. GOLDSTEIN: But I want to say that if it would have
been 106 or 102, it's the same thing.
In other words, what you are assessing is the old model that we
understand has a relationship between GDP, radio and retail sales. Whatever that relationship may be will
be affected by the new model and we are trying to measure the
effect.
407 THE CHAIRPERSON: Right. All right. I see.
408 But the dollars could
well increase as a result of the ‑‑
409 MR. GOLDSTEIN: The dollars, if we are projecting that
let's say in a given year it would be 2 percent less than it would have
been, and if GDP or retail trade go up 4, you would have expected radio to go up
4, instead it would go up 2.
410 THE CHAIRPERSON: It's going to go up 2, all
right.
411 MR. GOLDSTEIN: That's the point.
412 THE CHAIRPERSON: I see, yes. All right, I take
that.
413 Again, I guess it would
be fair to say there is a lot of optimism in the industry as reflected in the
applications that we get whenever there is a new call for licences, which is a
healthy thing and welcome, but I suspect that radio broadcasters are still
pretty optimistic, as I think their performance says they have a right to
be.
414 MR. MAHEU: Mr. Chairman, you are absolutely right
and I don't think anyone should confuse our concerns about the future in talking
about how we can make this work for everybody with a very healthy radio
environment. I think everybody in
this room today knows that radio is still a fantastic business to be in and
Canada is a great place to be in that business.
415 The numbers that the
Commission published last week on revenues and PBIT bear that out, that there is
no question that radio, like the economy, has been doing very well. We were kind of matching the economic
activity that's going on out there.
416 But going forward we
are still very bullish and very positive on radio's future. The questions before you and before us
are trying to figure out ways to keep radio relevant and local in a world of
consumer behaviour that's changing rather rapidly. That is the $64,000
question.
417 THE CHAIRPERSON: All right.
418 I don't know whether
you have had an opportunity to read the brief of the Competition Bureau and the
paper by Dr. Winter. He
concludes in that that radio advertising is complementary to rather than a
substitute for other media, and he lists reasons why he believes that's the
case.
419 Would you agree with
that?
420 MR. O'FARRELL: We don't happen to agree with that and I
will ask Pat Grierson to speak to it.
421 Under the heading of
just something that we thought was the right thing to do as an industry group
that looks forward and sees a lot of potential change on the horizon,
particularly in the media space that we are talking about today, radio, we
thought it was a good idea for us to write to the Competition Bureau and suggest
that it might be a good idea for the industry, the broadcasting industry, to
make a presentation on the changes and so on that we see and that we are
currently absorbing to better share the perspective that we think is missed or
lost in some of those conclusions.
422
Patrick...?
423 MR. GRIERSON: Thank you.
424 Clearly, to your
earlier point, radio revenues have been strong. We benefit from an extraordinary
economy, great consumer confidence, and some of the struggles of conventional
television. We even had pressure on
availabilities which has also driven the prices up.
425 In short, we have
enjoyed the benefit of a very positive cycle.
426 Although clients and
agencies tell us, of interest anecdotally, that their Ad Spend is now going to
grow more slowly than it has in the past few years, though certainly not in new
media.
427 And to your point, is
radio a silo unto itself? Clearly
not.
428 From an advertising
perspective one tends to approach it from a media‑neutral perspective, that is
to say: Where are my primary
consumers, which medium are they using and therefore how do I best reach
them. To suggest that there is a
radio budget would be ludicrous actually.
429 Ad Spend will find all
manners of ways to follow the changing media consumptions and habits of all
consumers. To understand where
media really is going, one has to watch the consumers. So no, clearly we have seen the likes of
Proctor and Gamble, and many others, announce cuts in conventional television to
support new media initiatives.
430 So I think that
responds fairly directly to your question.
431 THE CHAIRPERSON: Yes, it does.
432 I know in the past the
Commission has not taken the view that it is complementary rather than a
substitute and in a number of decisions has looked at the entire advertising
market, the Competition Bureau frequently tells us that it is a market unto
itself. So I'm interested to get
your views on that.
433 So I assume
that ‑‑ well, let me not assume, let me ask the question: Their recommendation on LMAs and LSAs,
which is that they be subjected to a merger analysis prior to the Commission
making a decision on them, is that a position you agree
with?
434 MR. O'FARRELL: Because it flows from the wrong
assumption we don't.
435 THE CHAIRPERSON: Would you like to comment on that,
Mr. Grierson?
436 MR. GRIERSON:
Certainly.
437 Yes, I believe LSAs can
have a very positive effect on radio and can enable us to present the medium
more effectively against other media and make the process easier for the buying
community.
438 Radio classically is a
difficult and time‑intensive medium to purchase, which from an advertising
perspective makes it a difficult one to recommend. If in fact we can streamline their
process for them, which cluster selling and LSAs have been enabled us to do, or
did enable us to do, then clearly it does have a positive
impact.
439 THE CHAIRPERSON: Right. But their position I think is, I guess
flowing from the view that the advertiser is the customer in the relevant market
and the relevant market is radio broadcasting in that community, that where an
LMA or LSA is proposed, before the Commission approve it it allow merger
analysis to be done in the classic form in order to determine whether there is a
limitation of competition for the customer, the advertiser in this case, prior
to the Commission making a decision and then to make its decision based on
either accepting that or overriding that view expressly in its decision, as I
take it is their proposal.
440 I don't think they are
appearing, but they will have an opportunity to file comments at the
end if they wish to bases on what goes on in
the record.
441 So I assume that your
answer is that you don't agree with that as an approach?
442 MR. MAHEU: Mr. Chair, I can certainly from a radio
broadcaster's perspective, agree with Mr. O'Farrell's comment that the
Competition Bureau ‑‑ it flows from the wrong
assumption.
443 You know, we operate,
Newcap operates in some of the smallest markets and some of the largest
markets in Canada. I have been in
the business 27 years and I have made lots of sales calls, as I know
this room full of my colleagues have as well, and I would suggest that you would
get the same answer from any radio broadcaster, that when we are talking
to clients and customers that we depend 100 percent of our
revenue upon, I would suggest that 99.99 percent of them will talk to
you in terms of their advertising budget.
444 We never talk about
radio budgets, we always talk about advertising budgets, and we compete for
advertising with every other media, especially in smaller markets where there is
the one local newspaper and maybe a local television station and a couple of
radio stations. We are competing
against those and outdoor.
445 So we are not competing
for share of radio budgets as the Competition Bureau would seem to suggest, we
are competing for advertising dollars and we are trying wherever we can to
increase our share and to be competitive with media rivals who bring a much
larger, more consolidated reach and critical mass to the table. That's where it's difficult for some of
the smaller markets and smaller broadcasters to get their fair share of
advertising budgets.
446 So, quite clearly,
radio is in the business of competing for advertising dollars, not radio
budgets. That is the reality that
is going on out there in every market in Canada.
447 M. PARISIEN : Monsieur
le Président, si nous lisons le mémoire du Commissaire à la Concurrence jusqu'au
bout, c'est assez intéressant de voir qu'il supporte la position de l'ACR sur
l'assouplissement des règles que nous avons soumises dans notre mémoire afin que
nous puissions mieux compétitionner contre les autres médias, qui, eux, ne sont
pas réglementés.
448 Donc, ce que nous avons
dit ici, c'est que nous ne sommes pas d'accord avec leur définition du mot
* marché +, mais la réalité,
ils la reconnaissent au même point que nous, que nous compétitionnons dans les
marchés locaux ou non, toujours contre d'autres médias qui sont moins
réglementés.
449 THE CHAIRPERSON: Merci.
450 We will take a break
now.
451 Nous reprendrons dans
15 minutes. We will resume in 15
minutes.
‑‑‑ Upon recessing at 1106 /
Suspension à 1106
‑‑‑ Upon resuming at 1127 /
Reprise à 1127
452 THE CHAIRPERSON: Order, please. À l'ordre, s'il vous
plaît.
‑‑‑
Pause
453 THE CHAIRPERSON: Just to finish off the line of
questioning before passing it to my colleague Madame Noël, Mr. O'Farrell and
ladies and gentlemen, as you know, in the Competition Bureau brief, in Appendix
A, where they refer to radio market definition in other jurisdictions, they
point to the U.S., Australia and the U.K., in each of which they show that the
radio advertising market is seen as a separate product
market.
454 I raise it for your
comment but also for the fact that going down into the future this may be
something that you are going to have to take account of in your submissions here
and elsewhere.
455 So I don't know whether
you have a comment at this point or you simply want to note
that.
456 MR. O'FARRELL : I think
we stand by our earlier comments but perhaps Mr. Merson would like to add a few
additional views.
457 MR. MERSON: Just a quick take on LSAs and the level
of consolidation. Again, you know,
it is a broad economic view of the situation and what we were trying to impart
is the difficulty of competing in smaller markets
where ‑‑
458 THE CHAIRPERSON: Excuse me, Mr. Merson, this isn't so
much of that as it is on the definition of the radio advertising market as being
a separate market from other media.
459 As I say, the
Commission, in its request typically when there is a new application, we ask
where the impact is going to be and we include print and television and other
media. That has been our
practice.
460 In these other
jurisdictions, the Competition Bureau is pointing out they don't look at it that
way. They basically take radio
advertising as the sole market ‑‑
461 MR. MERSON: Yes.
462 THE CHAIRPERSON:
‑‑ for purposes of doing competition law analysis and it was only to note
that point because I think not so much perhaps with us as going forward you are
probably going to be confronted by that same point again.
463 MR. MERSON: Well advised, thank
you.
464 THE CHAIRPERSON: Yes.
465 MR. O'FARRELL : Mr.
Grierson, I think that you have some comment to add.
466 MR. GRIERSON: Yes. Frankly, if somebody suggested to
me ‑‑ at the risk of sounding slightly facetious, anyone from the
Competition Bureau could come with us on calls on the street and they would find
rather quickly that we were competing head‑to‑head with almost every medium for
dollars from advertisers.
467 THE CHAIRPERSON: Well, perhaps you will invite them and
they will accept your invitation.
‑‑‑ Laughter /
Rires
468 MR. O'FARRELL : Well,
we have invited them to have, as I mentioned earlier, an information session
with a view to exchanging information not only on the current practices but on
the shifting circumstances that we see and hopefully that will occur and it will
produce a positive and useful outcome.
469 THE CHAIRPERSON: Thank you.
470 Madame
Noël.
471 COMMISSIONER NOËL: I thought you were going on for more
time than that.
‑‑‑ Laughter /
Rires
472 THE CHAIRPERSON: Surprise!
‑‑‑ Laughter /
Rires
473 COMMISSIONER NOËL: I thought you still have a long ‑‑
I am sorry, it is okay.
474 Alors, bonjour,
mesdames et messieurs du panel.
Vous avez été questionnés, je pense, à fond par le Président du Conseil
sur un certain nombre de sujets, et je n'ai pas l'intention de revenir sur ces
questions‑là en français. En fait,
je vais plutôt aborder avec vous des questions plus spécifiques qui se
rapportent au marché francophone.
475 Alors, nous allons
parler, dans un premier temps, de la rentabilité * relative +, pour utiliser ce
qualificatif‑là, de la radio de langue française par rapport à la radio de
langue anglaise.
476 Nous allons parler de
la musique vocale de langue française, des montages, de la nouvelle musique et
des artistes de la relève.
477 Nous allons aborder la
contribution au développement des talents canadiens, la diversité de la musique,
le contenu canadien, les mesures de surveillance des obligations
réglementaires.
478 Nous allons parler des
bénéficiaires des contributions annuelles au développement des talents
canadiens, aux bénéfices découlant des transactions.
479 Nous allons également
parler de la promotion des artistes, le coût, et du reflet de la diversité
culturelle, et nous allons aborder brièvement la question de la création d'un
fonds de soutien à la production de nouvelles et
d'information.
480 Finalement, nous allons
aborder la question des fonds MUSICACTION et RADIOSTAR.
481 Si on parle de
rentabilité... et peut‑être que la question devrait s'adresser plus
particulièrement à monsieur Parisien, bien que, dans son cas, on pense que les
stations affichent une assez bonne rentabilité, mais peut‑être aussi madame
Randall du réseau de Cogeco.
482 Qu'est‑ce que le CRTC
pourrait faire pour améliorer la rentabilité des stations de langue
française?
483 M. O'FARRELL : Alors,
Jacques, si tu veux commencer, et, Pierre‑Louis, si tu veux
enchaîner.
484 M. PARISIEN : Bien,
faisons un survol du contexte pour peut‑être, après ça, conclure sur certaines
options.
485 Les revenus des marchés
francophones sont en moindre croissance année après année que les revenus des
marchés anglophones.
486 Dans le marché
francophone du Québec, il y a aussi plus de petits marchés desservis par des
stations proportionnellement que dans le reste du Canada, donc, moins de
stations pour amortir les coûts fixes.
487 Vous avez vu dans
toutes les statistiques qui ont été déposées au Conseil que le BAII pour l'année
2005 se situe aux alentours de 11.6 pour cent, ce qui est la moitié de ce
qu'il est pour le Canada anglais.
488 Un des problèmes dans
le milieu des francophones, c'est la difficulté de se distinguer sur le plan
musical, et cette différentiation a un coût.
489 Dans les marchés
francophones, la seule façon de se distinguer, à cause du problème musical,
c'est par l'animation vocale, par le contenu vocal, et dans les marchés
francophones ‑‑ là aussi, il y a des chiffres qui ont été déposés au
Conseil ‑‑ les dépenses sont de l'ordre de 31 pour cent des revenus, alors
que les dépenses équivalentes dans le marché anglophone sont de 15 pour cent des
revenus.
490 Là, je parle des
services, je parle de l'humour, je parle de tout ce qui n'est pas
musique.
491 En fait, c'est que la
distinction culturelle, les différences culturelles ont un coût, et le système
québécois, qui aussi a sa propre culture, qui est enrobé d'un star système
différent, un star système réel... et n'oubliez pas, on fait de la radio pour
les gens, on fait de la radio pour l'histoire, donc, il faut se connecter sur ce
star système là.
492 La relation avec
l'auditoire, avec les artistes, ce sont tous des coûts additionnels que nous
vivons au Québec, petit marché comme gros marché, et ça fait que notre rendement
financier est ce que vous avez constaté.
493 CONSEILLÈRE NOËL : Vous
parlez aussi de partage dans les marchés bilingues. Dans les marchés bilingues, vous avez
parlé de partage d'auditoire avec les stations
anglophones.
494 Pouvez‑vous élaborer un
peu plus là‑dessus et voir qu'est‑ce que c'est qu'on pourrait faire pour régler
ce problème‑là?
495 M. PARISIEN : Oui. Ce que nous proposons que vous pourriez
faire, c'est de maintenir la réglementation qui est en place présentement, qu'on
appelle communément ou cavalièrement le hit/non‑hit là, qui fait que les
stations francophones limitrophes à un territoire anglophone ou bilingue ont un
minimum d'avantages compétitifs sur les stations
anglophones.
496 D'ailleurs, les trois
diffuseurs francophones du Québec ‑‑ Corus, Cogeco et Astral ‑‑ dans
le mémoire de l'ACR, demandent que ça soit maintenu.
497 Vous avez aussi... on a
déposé des chiffres éloquents à l'appui du glissement de l'auditoire dans les
marchés de Gatineau vers les stations d'Ottawa et dans le marché de Montréal
vers les stations anglophones de Montréal, et ça se produit depuis plusieurs
années. Cette érosion‑là est
principalement due au profil jeune qui veut de la musique
anglophone.
498 Donc, la moindre
protection pour les stations établies, ça serait de maintenir cette
réglementation‑là.
499 CONSEILLÈRE NOËL :
D'accord.
500 Maintenant, certains
intervenants soutiennent que les radios francophones n'obtiennent pas leur juste
part des revenus publicitaires parce que les décisions d'investissement des
grosses entreprises se prennent soit à Toronto, soit aux
États‑Unis.
501 Avez‑vous des
commentaires à cet effet‑là?
502 M. PARISIEN : Bien,
j'aurais pensé avant tout que les intervenants auraient mentionné que dans les
plus petits marchés, donc, à l'exclusion de Montréal, Québec et Ottawa, un des
problèmes que les radiodiffuseurs ont, c'est l'inventaire de télévision, qui est
un inventaire qui est très abondant et qui est vendu à des prix très
compétitifs ‑‑ je parle d'inventaire local ‑‑ très compétitifs à la
radio locale dans les marchés francophones.
503 CONSEILLÈRE NOËL : Si
je comprends bien...
504 M. PARISIEN : J'aurais
vu ça plus comme une raison de la situation que ce que vous avez
mentionné.
505 CONSEILLÈRE NOËL : Si
je comprends bien ‑‑ vous l'avez déjà dit, d'ailleurs, un peu plus
tôt ‑‑ vous n'êtes pas d'accord avec les conclusions du directeur de la
Concurrence...
506 M. PARISIEN : C'est une
habitude que j'ai développé...
507 CONSEILLÈRE NOËL : ...à
l'effet que les marchés publicitaires sont...
508 M. PARISIEN : ...au
cours des années.
‑‑‑ Rires /
Laughter
509 CONSEILLÈRE NOËL :
Hein?
510 M. PARISIEN : C'est une
habitude que j'ai développé au cours des années.
‑‑‑ Rires /
Laughter
511 M. PARISIEN : Je n'ai
pas dit une expertise.
‑‑‑ Rires /
Laughter
512 CONSEILLÈRE NOËL :
Maintenant, l'ADISQ, elle, prétend, via une étude qu'elle a fait faire, que la
moins grande rentabilité de la radio de langue française s'explique par un
accroissement notable des frais généraux et
d'administration.
513 Est‑ce que vous
pourriez nous expliquer pourquoi ces frais généraux et d'administration sont
plus élevés, en quoi ils consistent, et pourquoi ils le
sont?
514 M. PARISIEN : Ce qu'on
a... à défaut de me répéter, les frais généraux et d'administration sont plus
élevés tout simplement parce qu'il y a un nombre plus petit de marchés plus
petits, donc, moins de stations performantes sur lesquelles amortir les
dépenses. C'est, a priori, la
raison principale.
515 Il y a aussi le coût de
faire de la programmation francophone et le coût de se différencier en du
contenu verbal, qui est nettement supérieur à ce qu'il est dans les marchés
canadiens anglais.
516 CONSEILLÈRE NOËL : Oui,
mais ça...
517 M. PARISIEN : Alors,
comme raison des deux...
518 CONSEILLÈRE NOËL : Ça,
c'est des dépenses de programmation.
519 M. PARISIEN : Oui, mais
il n'y a pas juste programmation.
Il y a toute sorte d'autres coûts aussi qui va là qu'on ne met pas en
programmation, mais qui sont rattachés à notre façon de faire les choses et à
notre façon de mettre en ondes un produit qui se tient, que ça soit des coûts
techniques, que ça soit des coûts de réseau, des choses comme
ça.
520 M. SMITH : Si je peux
me permettre, d'ailleurs, Madame la Conseillère, ce qu'on observe si on prend
juste les stations de langue française, les stations FM de langue française, en
'98, avant l'entrée en vigueur de la nouvelle politique, si on fait un exercice
par station, en moyenne, les stations de langue française, leur budget de
dépenses en programmation était moins élevé que les stations FM de langue
anglaise.
521 Or, au cours des cinq
dernières années, depuis 2001, systématiquement, les dépenses en programmes sont
plus élevées du côté des stations de langue française que du côté des stations
de langue anglaise et la part des revenus qui est affectée aux dépenses de
programmation au FM est de l'ordre de 20 pour cent plus élevée du côté
francophone que du côté anglophone.
522 CONSEILLÈRE NOËL: Que du côté
anglophone.
523 M. PARISIEN: Et aussi, vous constaterez que le même
phénomène se reproduit en télévision quand on compare les coûts généraux des
deux marchés.
524 CONSEILLÈRE NOËL: Merci. Alors, maintenant, on va parler de
musique vocale de langue française, la fameuse MVLF.
525 Vous ne remettez pas en
cause dans votre mémoire les pourcentages établis, soit le 65 pour cent et le 55
pour cent, mais vous soutenez que:
*Ils ont des
incidences négatives, indues et non souhaitées sur la diversité des formules
musicales à la radio de langue française et la diversité des pièces musicales de
nouveaux artistes francophones qu'elle est en mesure de diffuser.+
526 Pouvez‑vous nous
expliquer la corrélation entre les quotas et les incidences négatives sur la
diversité des pièces musicales et des nouveaux artistes?
527 M. O'FARRELL: Madame la conseillère, je vais demander
à Pierre‑Louis Smith de prendre la question, mais j'aimerais commencer en vous
disant que, à prime abord, il faut s'arrêter deux instants et se rappeler qu'au
Québec ou du côté de la radio de langue française, il y a quand même ces deux
quotas et quand on vous a montré un tableau tout à l'heure pendant notre
présentation orale, ça dénote assez clairement que le Canada et surtout pour ce
qui est du secteur de langue française, excède toute autre juridiction en
matière de contenu et en matière de contribution financière aussi à
l'industrie.
528 Ce qui fait que si vous
regardez le nombre de formats musicaux disponibles aux États‑Unis aujourd'hui,
vous en avez 50, du côté du Canada anglais, vous en avez 17 et du côté du
Québec, vous en avez cinq.
529 Alors, je pense qu'il y
a une certaine conclusion à tirer par rapport à la réglementation et au nombre
de formats qui contraignent, qui dirigent le nombre de formats musicaux en
place.
530
Pierre‑Louis?
531 M. SMITH: Et j'ajouterais, des cinq formats
musicaux qui sont disponibles au Québec, il y en a deux, le jazz et le
classique, qui n'ont rien à voir avec la réglementation en matière de musique
vocale de langue française.
532 C'est aussi une
question... au Québec, on s'est développé des approches de formats qui sont plus
hybrides et qui ont fait en sorte qu'on a concentré vers le
centre.
533 Et, en réalité, il y a
deux formats réellement qui existent, ce qu'on appelle le *pop
adulte+ qui est
l'équivalent adulte contemporain et le *pop
rock+, qui est
l'équivalent, si vous voulez, de ce qu'on appelle communément *top
forty+ et qui se décline
sur le FM en réseau pour la plupart maintenant dans les principaux marchés du
Québec. C'est aussi relié au
niveau, je vous dirais, de disponibilité du produit
francophone.
534 On dénombre, bon an,
mal an, environ 300 disques de musique vocale de langue française disponible sur
le marché ou commercialisé sur le marché québécois, dont 200 environ produits au
Québec, de langue française produits au Québec.
535 Or, ce que le public
souhaite entendre d'abord et avant tout lorsqu'ils écoutent de la musique vocale
de langue française, c'est du produit québécois. Ça n'a pas toujours été le
cas.
536 Au moment de
l'élaboration des quotas dans les années soixante‑dix, l'alimentation des
produits francophones était nettement... provenait nettement du produit
européen, du produit français notamment et le goût de la population allait vers,
encore une fois lorsqu'ils voulaient écouter de la musique en langue française,
allait essentiellement du produit européen.
537 Trente ans plus tard,
c'est une situation qui est diamétralement opposée où en moyenne, maintenant, on
diffuse 80 pour cent de la musique vocale de langue française et québécoise et
la presque totalité des nouvelles pièces diffusées à l'antenne sont aussi
québécoises.
538 Alors, dès lors, quand
il y a ces deux formats musicaux et une concentration sur le produit francophone
d'ici, c'est évident que le niveau élevé du quota a un impact sur la capacité
des différentes stations et des différents réseaux de se démarquer les uns des
autres.
539 Ceci étant dit, je
pense que Lilianne a des analyses sur le fait que dans les formats pop adultes
et dans les formats pop rock il y a quand même une très grande diversité dans ce
qui est des pièces qui sont diffusées selon le palmarès.
540
Lilianne.
541 Mme RANDALL: Si on regarde toute la quantité de
produits québécois qu'on reçoit à tous les jours... moi, je suis directrice
musicale dans une station de radio adulte contemporain, ça fait 20 ans que je
fais ça et puis je m'aperçois que de plus en plus, on nous achemine énormément
de produits québécois. À chaque
semaine on a une quantité énorme de produits à écouter.
542 Il y a des périodes de
l'année, le printemps et l'automne qui sont des grosses périodes, c'est la
période où l'on reçoit le plus de... on est le plus sollicité pour entrer des
nouveaux artistes ou des artistes déjà établis.
543 Ce que j'ai fait comme
analyse, on réussit quand même avec tout ce qui sort comme produits, à faire une
diversité parmi les formats qui existent au Québec et si on regarde, il y a la
revue palmarès qui sort à toutes les semaines et qui
représente...
544 Il y a une page qui
représente un top 20 pop rock et un top 20 pop adulte qui se retrouvent à être
les 20 chansons les plus diffusées dans quand même deux formats différents. On s'aperçoit qu'il y a seulement que
trois chansons qui se retrouvent à jouer dans ces mêmes formats‑là. Tout le reste des 20 chansons, c'est
toutes des chansons que les formats de radio pop rock et pop adulte ont
développé individuellement.
545 Alors, je pense que la
radio présentement fait quand même un grand effort et même si je vous montrais
la liste de ceux qui se retrouvent dans le top 20, il y a quand même une bonne
partie de ces artistes‑là qui n'étaient pas là l'année dernière, qui n'étaient
pas là il y a trois ans.
546 Alors, la radio fait
quand même, pour ce qui est du produit québécois, quand même une bonne variété,
une bonne diversité à l'intérieur de leurs formats spécifiques et il ne faut pas
oublier en tout cas qui est une... les radios sont là pour faire plaisir à un
auditoire et on n'est pas là pour faire plaisir à
l'industrie.
547 Mais malgré tout ça, on
réussit quand même à faire développer beaucoup de nouveaux
talents.
548 M. SMITH: Non seulement ça, mais il faut évaluer
la diversité musicale offerte dans le marché francophone, non seulement à
travers l'offre de la radio commerciale, mais aussi à travers l'offre de la
radio publique et des radios communautaires et universitaires et par le travail
qui est fait.
549 CONSEILLÈRE NOËL: Et ethnique.
550 M. SMITH: Et ethnique, effectivement, vous avez
raison. Quand vous regardez la
complémentarité de l'offre de Espace Musique, par exemple, Pierre Lapointe, pour
ne citer que cet exemple‑là de son premier compact ou son premier DC, a vendu plus de 200 000 copies de ce
compact‑là en ayant une visibilité illimitée à la radio... à la radio
commerciale, ce qui n'est pas le cas pour son deuxième
compact.
551 Mais par le biais de la
diffusion sur Espace Musique, il est allé chercher un auditoire intéressant et a
réussi à faire des ventes qui sont très significatives.
552 La radio universitaire
a aussi contribué à permettre à des groupes comme, par exemple, les Trois
Accords qui ont débuté leur carrière à la radio universitaire et qui, par la
suite, ont été repris par la radio commerciale.
553 Et si ma mémoire est
fidèle, à peu près cinq ou six simples de l'Album des Trois Accords ou leur
premier long‑jeu... long‑jeu, ça ne se dit plus, mais son premier compact, qui
se sont retrouvés en rotation à un moment donné ou à un
autre.
554 CONSEILLÈRE NOËL: J'ai remarqué dans les tableaux que vous
nous avez soumis dans votre rapport, dans votre commentaire je devrais dire, que
vous classez ‑‑ parlons de choix, par exemple, qui se voulait une radio de
rock alternatif, c'est du moins ce que l'on nous a dit pendant certaines
audiences ‑‑ et vous la classez dans la même catégorie que le réseau
énergie.
555 Est‑ce que c'est parce
qu'ils ne font pas exclusivement du rock alternatif ou est‑ce qu'ils ne sont pas
capables de se différencier suffisamment parce qu'il n'y a pas assez de
répertoire de rock alternatif ou si c'est une question
d'auditoire?
556 Je me pose la question,
là, parce qu'on l'avait identifiée assez abondamment comme étant une espèce...
la radio X, la radio rebelle où on diffusait une musique beaucoup plus agressive
que le baroque mettons.
‑‑‑ Rires /
Laughter
557 M. SMITH: C'est un euphémisme,
ça.
558 CONSEILLÈRE NOËL: Pouvez‑vous m'expliquer pourquoi vous la
catégorisez dans votre mémoire comme dans la même catégorie que Énergie, par
exemple?
559 M. SMITH: C'est plus dans la mesure où c'est une
formule qui mise sur les succès, tout comme Énergie et CKOI vont miser sur les
succès populaires. Ceci dit,
effectivement, soit une approche qui est orientée plus vers le rock et plus
particulièrement sur ce qu'on a défini comme étant le rock alternatif qui, de
plus en plus, devient un peu... un peu mainstream parce qu'il y a une espèce de
créneau où des croisements, si vous voulez, avec la musique rock plus populaire,
si vous voulez.
560 Mais ceci étant dit, et
j'y vais de mémoire, à ma connaissance, la situation de choix était de recourir
beaucoup à de la production qui émanait de la station; c'est‑à‑dire que la
station encourageait spécifiquement un produit.
561 CONSEILLÈRE NOËL: Certains
artistes.
562 M. SMITH: Certains artistes et avec une production
où il y avait... il y avait un lien.
Il y a très peu de stations de radios qui ont des studios de production
pour produire de la musique et c'était une des problématiques qui était reliée
au format spécifique de CHOI.
563 Et je vous dirais que
la formule de CHOI était à la fois une hybride musicalement plus rock, mais
également misant énormément sur une formule à prédominance verbale aux heures de
grande écoute où la station cherchait à solliciter les auditoires en grand
nombre.
564 CONSEILLÈRE NOËL: Est‑ce que c'est parce qu'une formule de
rock alternatif pure musicale là, n'a pas de perspective de viabilité ou si
c'est parce que l'inventaire de pièces n'est pas suffisant
pour...
565 M. SMITH: Bien, c'est un défi, madame Noël. Le meilleur exemple, je pense, c'est les
gens de Corus vont être devant vous demain ou mercredi, mais l'expérience de
COOL‑FM, par exemple, à Montréal en est un bon exemple.
566 CONSEILLÈRE NOËL: Qui a changé sa vocation,
oui.
567 M. SMITH: Qui a changé sa vocation, mais
l'exemple... l'exemple est bon.
Cette station‑là, et je le sais parce que j'ai commencé ma carrière en
radio à CLMF qui était l'ancêtre de COOL‑FM, était un format adulte contemporain
à prédominance musique vocale de langue française et qui, malheureusement,
traînait dans les cotes d'écoute à chaque année et à chaque
sondage.
568 Et lorsque... d'abord,
les gens de Métromédia et, par la suite, de Corus ont racheté cette station‑là,
ils ont changé le format pour en faire un classique rock qui n'a pas fonctionné
et après, un format modern rock ou rock alternatif et l'alimentation en produits
étant limitée dans la sphère francophone, il faut comprendre que parce que le
public francophone québécois préfère le produit d'ici, on ne peut pas rencontrer
l'exigence de 65 pour cent en se servant de l'ensemble de la sphère de
productions en langue française, le produit français qui pourrait correspondre
au produit alternatif, puis ce qui me vient en mémoire c'est des exemples
comme... vous allez rire là, Beverié Noir ou Parabellum qui étaient des groupes
dans les années quatre‑vingt qui étaient des groupes de rock alternatif en
France n'ont jamais vraiment percé ici auprès de l'auditoire
francophone.
569 Donc, vous devez
travailler avec une sphère qui est beaucoup plus limitée et les parts d'écoute
de la station COOL‑FM ne justifiaient pas les investissements qui ont été faits,
qui ont entraîné le groupe Corus à demander un changement de format pour un
format à prédominance verbale, le premier FM à prédominance verbale au Canada, à
ma connaissance, et probablement même en Amérique du Nord.
570 M. O'FARRELL: Madame la conseillère, si vous me
permettez de revenir à l'essence de votre question, je pense que la réponse,
c'est oui, en terme d'approvisionnement de produits, mais il nous est difficile
quand même de vraiment traiter de la question à fond, devrais‑je dire, parce que
ces informations‑là ne sont pas disponibles régulièrement ou d'une façon qui
nous permet vraiment de savoir quel est le niveau de production du secteur du
disque.
571 On se fie aux
informations qui nous parviennent et puis je pense que Pierre‑Louis a dit qu'il
y avait 200 albums québécois par année qui sont produits en français et ça,
c'est toute catégorie de musique confondue. On parle de country, on parle de
jeunesse, on parle de classique.
572 Alors, ça laisse quoi
finalement, comme bassin de produits à partir duquel bassin les radiodiffuseurs
peuvent puiser pour alimenter leur programmation?
573 CONSEILLÈRE NOËL: J'ai très bien lu votre tableau à cet
effet‑là, monsieur O'Farrell.
574 M. O'FARRELL: Merci.
575 CONSEILLÈRE NOËL: Alors, ça m'amène, moi, à vous demander
en quoi un système de prime... j'aimerais ça que vous nous décriviez un peu plus
votre système de prime de 150 pour cent de musique vocale de langue française
pourrait aider à régler ce problème‑là.
576 M. O'FARRELL: Je vais laisser la parole à Pierre‑Louis
et si Jacques veut enchaîner quant à la façon qu'on voit le modèle du système de
prime fonctionner pour justement accroître la diversité.
577
Pierre‑Louis?
578 M. SMITH: Le système de prime va accroître la
diversité dans les formats qui existent... qui existent déjà. C'est de donner la possibilité aux
radiodiffuseurs de pouvoir mesurer leur degré de tolérance au risque,
c'est‑à‑dire la diffusion de produits qui sont peu ou pas connus du public et,
en fonction des différents formats ‑‑ je reviens à mon exemple de tout à
l'heure ‑‑ dans le format pop rock, les stations diffusent un plus grand
nombre de nouveautés, donc auront un incitatif à diffuser encore un nombre plus
élevé de nouveautés sur leurs stations, sur leurs
réseaux.
579 Et dans les formats pop
adulte qui, par définition, s'adressent à un auditoire qui est plus âgé, donc en
définition ou on peut s'attendre à ce qu'il soit moins réceptif à la nouveauté
par des artistes qui sont peu ou pas connus, ça va leur donner un incitatif à en
ajouter davantage, à en diffuser davantage et ce qui va faire en sorte que
chaque réseau ou chaque station va trouver sa niche ou son niveau naturel
d'utilisation de diffusion de produits francophones provenant de la
relève.
580 CONSEILLÈRE NOËL: Est‑ce que je peux vous demander
maintenant, de commenter sur la proposition de l'ADISQ qui, elle, demande, afin
de palier au manque de nouveautés que le CRTC impose un nouveau quota
réglementaire, de nouveautés francophones de 40 pour cent aux grandes écoutes...
aux heures de grande écoute ‑‑ excusez‑moi ‑‑ soit 40 pour cent de 55
pour cent et de 50 pour cent sur toute la semaine de radiodiffusion, soit 50
pour cent du 65 pour cent.
581 Mme RANDALL: C'est que quand on... j'essaie de... je
vais essayer de vous expliquer un peu quand on entre des nouveaux artistes de la
relève dans une station de radio, ce qui arrive c'est qu'on ne peut pas entrer
une grande quantité de nouveaux artistes de la relève, une trop grande quantité
de nouveautés.
582 Ce qui arrive c'est
que, normalement, quand on veut faire découvrir un nouvel artiste, on veut
l'entourer de grands succès lors de la diffusion pour valoriser l'artiste. Si on met une série de nouveaux artistes
un en arrière de l'autre, ce qui peut arriver, c'est qu'on met en péril
l'artiste parce que, là, il se retrouve à être dans un état un peu plus
vulnérable parce qu'il est alentour de différents nouveaux artistes, de n'est
pas une bonne façon pour valoriser un artiste.
583 Ce qu'on fait
présentement souvent pour développer un nouvel artiste, on l'entoure... on le
diffuse à l'intérieur de musique de grands succès, on le fait grandir. À partir du moment que l'artiste devient
un peu plus établi et reconnu de notre auditoire, là, on peut lui donner une
plus grande rotation.
584 Mais c'est sûr que
chaque format essaie de développer leurs propres nouveaux artistes, alors ce
n'est pas qu'un même artiste, toutes les stations, tous les formats vont faire
tourner sur ce nouvel artiste‑là.
Chaque format va développer ses propres artistes dans le
domaine.
585 Le fait d'avoir un
système de bonification nous permettrait lors de comité d'écoute. Lorsqu'on
écoute de la musique, on peut écouter à peu près une dizaine de chansons,
peut‑être même... il y a des semaines qu'on a peut‑être 30 chansons qu'on
écoute, nouvelles.
586 Ce qui arrive, c'est
que ces nouveaux artistes‑là de la relève sont insérés parmi tous les artistes
déjà établis. Alors, quand on vient
à faire un choix d'entrer une nouvelle chanson, souvent on en rentre deux ou
trois par semaine dans le format adulte contemporain que je m'occupe
principalement puis même dans les top 40, je ne pense pas qu'il en rentre plus
que cinq, six par semaine.
587 Alors, ces artistes‑là
de la relève, ils se retrouvent jugés en même temps que tous les artistes
établis quand on fait de l'écoute parce qu'on choisit la meilleure chanson qui
serait disponible... que nos auditeurs aimeraient.
588 Si on fait un système
de bonification, ce que ça nous permettrait, c'est de faire un comité d'écoute
pour les artistes de la relève et on déterminerait dans les artistes de la
relève qu'on écoute celui que, mettons cette fois‑ci, on va
développer.
589 Mais c'est sûr que...
je ne pense pas qu'on va se mettre à diffuser une quantité d'artistes de la
relève pour augmenter nos quotas de musique anglophone. Je ne crois pas qu'il y a aucune radio
qui va faire ça, qui va se mettre dans une période de... dans un état vulnérable
comme ça.
590 M. SMITH: Si je peux me permettre de compléter, la
proposition de l'ADISQ sur la question d'accroître la diversité musicale ou
d'accroître la présence des artistes de la relève par le biais d'un quota, un
des problèmes avec une approche comme celle‑là, c'est que les radiodiffuseurs ne
sont pas... ne contrôlent pas le niveau de production de l'industrie, n'ont
jamais contrôlé ce niveau‑là.
591 Or, il y a des périodes
de l'année comme il vient de vous le mentionner où il y a des nouveaux artistes,
où il y a des nouveaux disques qui rentrent à la station, il y a d'autres
périodes de l'année où c'est plus tranquille.
592 On ne contrôle pas le
moment de l'approvisionnement en produits et on ne contrôle pas le niveau d'une
année sur l'autre de nouveaux artistes qui vont être développés par l'industrie
du disque.
593 Donc, nous, on pense
qu'une approche qui mise plus sur des mesures incitatives fait en sorte qu'on
peut développer des artistes ou accroître la visibilité des artistes et fluctuer
en fonction des périodes de l'année où on a de l'alimentation en nouveaux
artistes et en nouveaux... en artistes de la relève, de façon à ce que la radio
commerciale ne se mette pas en péril d'avoir à sur‑exposer le phénomène du burn
des artistes de la relève alors que c'est important de les partir et de les
encadrer proprement, de façon à bien développer leur
carrière.
594 CONSEILLÈRE NOËL: Maintenant, je vous ai écouté tout à
l'heure nous dire que, bon, il y avait un certain nombre d'albums ou de CD qui
étaient produits chaque année et que ce chiffre‑là comprenait un peu de
tout ‑‑ de la musique classique, de la musique pour enfants ‑‑ je
suppose que c'est des genres Annie Brocoli et compagnie auxquels vous faites
référence.
595 Par contre, l'ADISQ,
elle, nous dit qu'en 2005 il y a eu 299 albums d'artistes francophones québécois
mis en marché pour une moyenne de 4 000 nouvelles pièces et que, de ce total, il
y en a seulement 137 qui ont été diffusées et sur les 137 qui ont été diffusées,
il y en a seulement 35 qui ont accaparé environ 70 pour cent du nombre de
diffusions totales.
596 D'après l'ADISQ,
l'offre est suffisante; d'après vous, quel serait votre commentaire à ce
propos‑là?
597 M. O'FARRELL: Je vais commencer, Pierre‑Louis, et
enchaîne, s'il vous plaît.
598 Premièrement, je
reviens au commentaire de tout à l'heure, tout simplement pour vous rappeler que si on avait des
informations annuellement disponibles sur tout ce qui s'appelle production du
disque, catégoriser, ventiler pour qu'on puisse avoir des données prévisibles et
certaines d'année en année, ça nous aiderait à faire certaines peut‑être
projections pour l'avenir, basé peut‑être sur du *trending+
historique.
599 Malheureusement, on se
fie aux informations qu'on a devant les yeux et quant aux questions que vous...
la question que vous soulevez maintenant, je pense qu'il faut se rabattre sur la
question de dire quel est l'univers à compter... compte tenu de l'année et du
niveau de production que vous citez dans votre question, quel est l'univers
disponible qui est adaptable et adapté à la radio commerciale dans les formats
qui existent parce que, au fond, comme l'a dit, madame Randall tout à l'heure,
la radio est au service de son consommateur, de son auditoire
premièrement.
600 Donc, c'est sur cette
base‑là qu'on dit : le niveau de production qui change d'année en année a une
certaine incidence sur ce que la radio peut jouer dans ses formats
musicaux.
601 Pierre‑Louis, veux‑tu
enchaîner?
602 M. SMITH: Oui, juste pour compléter ce que vient
de dire Glenn, les données dont on dispose et on a regardé les données de
Statistiques Canada qui ne remontent pas plus loin que
2003.
603 CONSEILLÈRE NOËL: Deux mille trois
(2003).
604 M. SMITH: Et en 2003, ce que ça nous montre, c'est
que dans le produit canadien de disques en langue française, il y aurait 205
albums qui auraient été produits, ça, tous genres
confondus.
605 Maintenant, quand on
regarde la nomenclature, la ventilation par genres musicaux et malheureusement,
Statistiques Canada ne fait pas une ventilation linguistique, fais une
ventilation canadiens versus étrangers, et ce qu'on voit c'est qu'en production
canadienne en 2003, tout l'univers canadien, anglais et français, on aurait 300
albums qui se retrouvent dans le populaire et le
rock.
606 Si on regarde la
moyenne que... le ratio entre la production musicale de langue française et la
production musicale de langue anglaise, c'est à peu près un ratio un tiers, deux
tiers; deux tiers en langue anglaise et un tiers dans la langue française, ce
qui fait en sorte qu'on aurait à peu près 100 albums qui correspondraient
sensiblement à ce qui...
607 CONSEILLÈRE NOËL: Sans *s+, 100, s'il vous
plaît.
608 M. SMITH: Pardon?
609 CONSEILLÈRE NOËL: Sans *s+, le 100, 100
albums.
610 M. SMITH: Ça m'arrive de faire des erreurs comme
ça, alors 100 albums.
611 CONSEILLÈRE NOËL: C'est comme la compagnie des cent
associés ça.
612 M. SMITH: Cent albums et... maintenant, les
compagnies de risque, de la façon dont ça fonctionne, c'est qu'ils envoient
des... ils ont un plan de marketing pour chaque album ou chaque compact qui est
publié et, généralement, en moyenne, c'est deux à trois chansons par album qui
est commercialisé.
613 La façon dont ça
fonctionne maintenant, c'est que les compagnies de disques envoient des fichiers
électroniques aux stations de radio, même pas le compact, ils envoient le
fichier. Donc, vous devez jouer
l'ordre du plan marketing qui a été... qui a été prévu par les compagnies de
disques.
614 Ce qui fait que la
proportion de diffusion si vous reprenez votre 137 pièces distinctes diffusées
et établir sur un ratio d'à peu près, disons, 300... 300 chansons de langue
française correspondant aux formats identifiés de musique populaire et de rock,
ce qui nous donne une proportion qui est quand même assez élevée de diffusion de
pièces différentes.
615 Et ça, c'est à mettre
en relief par rapport au fait qu'il y a plus de 4 400 albums de langue anglaise,
canadiens et étrangers confondus, qui sont distribués et commercialisés au
Canada.
616 Mais pour les stations
de langue française de ce 4 430 quelque chose albums, ils n'ont de plage pour
diffuser ce matériel‑là que 35 pour cent de leur
programmation.
617 CONSEILLÈRE NOËL: Que 35 pour cent. Maintenant, est‑ce que vous pensez
que... j'ai entendu... j'ai entendu les commentaires de monsieur O'Farrell qui
disait qu'on n'avait pas l'information pertinente pour...
618 Alors, est‑ce qu'il n'y
aurait pas lieu d'avoir une plus grande collaboration entre l'industrie de la
radio et l'industrie de la musique, spécialement au Québec où le marché est
assez... est assez serré.
619 M. O'FARRELL: Oui, on le souhaiterait, mais vous savez
mieux que nous les informations qui sont déposées annuellement par le Conseil
sont déposées en vertu de la réglementation du Conseil et il n'y a aucune
obligation semblable qui est imposée aux compagnies qui oeuvrent dans le secteur
de l'enregistrement sonore et ce n'est pas qu'on leur en souhaite des
réglementations bien que ça peut être une bien bonne chose, comme ça peut avoir
ses... disons, ses avantages et ses désavantages.
620 Mais le fait est que
l'information qui tient du secteur de la radio est complètement devant le public
pour commentaires et observations.
D'ailleurs, vous avez soulevé u ne question tout à l'heure par rapport à
un commentaire de l'ADISQ sur une catégorie de dépenses.
621 On ne connaît pas leurs
dépenses, on ne connaît pas la structure de leur business, on ne sait pas de
quelle façon ces informations‑là sont rapportées et on ne voit pas d'une façon
pertinente ou régulière. Donc, ça
fait en sorte que le débat n'est pas nécessairement
facile.
622 Est‑ce qu'il y aurait
possibilité d'avoir une plus grande collaboration? On le souhaiterait, volontiers on
accepterait de regarder toutes ces informations‑là pour mieux se renseigner,
mais ça ne nous est pas disponible,
malheureusement.
623 CONSEILLÈRE NOËL: Si on parlait de la promotion, est‑ce
que vous pensez que l'industrie de la musique fait une promotion efficace des
nouveautés?
624 M. O'FARRELL: Pierre‑Louis, veux‑tu enchaîner avec
Lilianne?
625 Mme RANDALL: Oui, je pense que l'industrie du disque
c'est une bonne promotion de leurs nouveaux artistes. Quand ils ont un nouvel artiste de la
relève, ils ont des gens qu'ils engagent qui viennent faire le tour des postes
de radio, qui nous donnent un peu un compte rendu de qui est ce nouvel artiste
puis quelle sorte de musique qu'ils diffusent.
626 C'est sûr que quand ils
viennent faire la promotion, ils savent le format de station que nous sommes,
alors ils nous proposent souvent des artistes qui vont
être...
627 CONSEILLÈRE NOËL: En fonction de votre genre
musical?
628 Mme RANDALL: Exactement.
629 CONSEILLÈRE NOËL:
D'accord.
630 M. SMITH: Et j'ajouterais, si vous me le
permettez, que l'orientation qu'a pris Fonds Radio Star depuis les quatre
dernières années en mettant une emphase principale sur les artistes de la relève
fait en sorte de contribuer par une contribution financière à l'effort de
commercialisation nationale à l'effort de promotion de l'industrie de la
musique... de la musique francophone.
631 En moyenne, 73 pour
cent des sommes versées par Fonds Radio Star depuis la création du fonds vont
vers les premier ou deuxième albums produits par des artistes de la relève
francophone.
632 M. PARISIEN: Si vous permettez, madame Noël, je
voudrais juste compléter avec des statistiques parce que j'avais prévu la
question.
633 Alors, les statistiques
que je vous donne sont ceux d'Astral, mais je suis convaincu que CHUM, Rogers et
tous les autres joueurs à la table ont des chiffres aussi éloquents que ça, mais
dans la dernière année, strictement dans le marché francophone du Québec, on a
diffusé 2 665 heures d'entrevues avec des artistes canadiens‑français dans le
cadre de la programmation de leurs spectacles, où tu vas jouer, qu'est‑ce que tu
vas jouer, quand puis quelle ville puis comment puis combien ça coûte, et
caetera, 1 800 heures d'entrevues avec des artistes canadiens dans le cadre de
la promotion de leur nouvel album, 1 800 heures. Ensuite, on a diffusé 1 123 heures de
performance en direct ou d'entrevues approfondies de spectacles de l'artiste en
question, pour un total de 5 600 heures, soit plus de 105 heures par semaine,
juste pour nous autres.
634 Si j'additionnais tout
le monde ici à la table là, ça serait impressionnant comme chiffres. C'est juste pour votre
gouverne.
635 CONSEILLÈRE NOËL: Cent cinq heures sur 126
heures?
636 M. PARISIEN: Cent cinq heures par semaine, oui; 105
heures par semaine.
637 CONSEILLÈRE NOËL: C'est parce que vous additionnez toutes
vos stations?
638 M. PARISIEN: Bien, évidemment; ce n'est jamais le
même artiste.
639 CONSEILLÈRE NOËL: Oui. O.k. Non, non; c'est ça parce que
autrement, 105 heures sur 126 heures, il ne vous resterait pas grand temps pour
faire d'autres choses.
640 M. PARISIEN: II faut. Il faut additionner... il faut
additionner toutes les stations parce que ce n'est jamais les mêmes artistes, ce
n'est jamais la même semaine, ce n'est jamais le même contenu. Mais si les artistes avaient à payer
pour cette promotion‑là ou s'ils le considéraient dans les bénéfices qu'ils
reçoivent de l'industrie et de la radio, c'est
considérable.
641 CONSEILLÈRE NOËL: Écoutez, j'en suis parfaitement
consciente. On écoute la radio
en... moi, je suis souvent sur la route entre Montréal, Ottawa, Montréal et
Sherbrooke puis des fois on a l'impression d'avoir... d'écouter des infos... de
l'info publicité, hein! C'est un
petit peu... comment je dirais, self serving, mais c'est ça. C'est ça de la
promotion.
642 Maintenant, si on
abordait un autre sujet, Corus a soumis une proposition relative au contenu
canadien.
643 Elle propose qu'un
propriétaire qui exploite plusieurs stations dans un même marché puisse répartir
son quota puis, là, je parle de musique canadienne, mais je veux voir si on
pourrait faire une transposition pour la musique vocale de langue
française.
644 Ils proposent que le
quota de 35 pour cent de contenu canadien pour un propriétaire qui a plusieurs
stations dans un même marché soit réparti entre ses stations, avec un minimum de
15 pour cent pour chacune des stations.
C'est une proposition que Corus a
lancée.
645 Maintenant, est‑ce que
vous pensez que ce genre de proposition pourrait avoir... pourrait avoir des
résultats heureux si on l'appliquait ou on le transposait dans le cadre de la
musique vocale de langue française?
646 M. O'FARRELL: Madame la conseillère, on pourrait,
effectivement, étudier la chose et vous soumettre nos commentaires par écrit
en... qu'est‑ce qu'on a dit, 12 points tout à l'heure?
647 CONSEILLÈRE NOËL: Oui.
648 M. O'FARRELL: Pour les commentaires avant la fin
mai?
649 CONSEILLÈRE NOËL: Double interligne
hein!
650 M. O'FARRELL: Double interligne, sur la question. Alors, ça va être un oui ou un non,
tiens. Mais on vous reviendrait
dans nos commentaires par écrit, si ça vous convient.
651 CONSEILLÈRE NOËL: Merci. Maintenant, il y a certains intervenants
qui ont demandé d'exiger que les stations de langue anglaise diffusent une ou
deux chansons en français sur un total de... pour un total d'à peu près 10 par
journée de radiodiffusion.
652 Est‑ce que vous avez
des commentaires à faire là‑dessus?
653 M. O'FARRELL: Je pense qu'on va vous répondre dans
notre mémoire à déposer parce qu'on n'a pas de commentaire, on n'a pas discuté
de la question, madame la conseillère.
654 MR. BRAIDE: I think you could have a different
answer if it was an English broadcaster or French broadcasters responded to that
question.
655 CONSEILLÈRE NOËL: Gosh! You forgot your French, Mr.
Braide.
656 M. BRAIDE: Vous pouvez avoir deux options : une
pour les anglophones, une autre pour les francophones.
657 CONSEILLÈRE NOËL: Maintenant, pensez‑vous que lorsqu'on
diffuse des nouveautés, on devrait aussi diffuser des nouveautés, puis là je
parle aux francophones, des nouveautés en langue anglaise?
658 M. O'FARRELL: Encore une fois, madame la conseillère,
malheureusement, ces questions qui sont très pertinentes, nous ne les avons pas
abordées, mais nous aimerions y revenir par écrit pour répondre succinctement à
vos questions et sur celle‑là aussi.
659 CONSEILLÈRE NOËL: J'en ai encore une autre; peut‑être que
vous allez me donner la même réponse.
660 Il y a une intervenante
qui s'appelle *L'ANIM+, et je vais vous
donner son vrai nom parce que je l'ai cherché longtemps avant de m'apercevoir de
qui c'était : L'Alliance nationale de l'industrie musicale. C'est le commentaire numéro 87 de
monsieur Benoît Henri et qui suggère de mettre en place un mécanisme en vertu
duquel au moins cinq pour cent des pièces de langue française de catégorie 2
proviennent d'artistes qui sont issus d'au moins deux provinces canadiennes
différentes de la province de résidence du radiodiffuseur.
661 Supposons, par exemple,
pour monsieur Parisien, c'est à une station de Montréal, il devrait mettre à
l'antenne des artistes du Nouveau‑Brunswick ou du Manitoba ou de l'Ontario ou,
enfin, même de la Saskatchewan ou de la Colombie‑Britannique, dépendant où vous
allez trouver des artistes francophones à l'extérieur du Québec, qu'est‑ce que
vous pensez de ça?
662 M. O'FARRELL: Encore une fois, madame la conseillère,
on va vous revenir sur la question, mais je vais vous avouer bien franchement
c'est que ça s'inscrit en faux de la direction que nous souhaitons prendre avec
vous dans le cadre de ce processus de réforme, à savoir où on reconnaît qu'on
habite maintenant dans un marché ouvert où on doit passer à des modifications à
la réglementation pour la rendre plus modeste et plus légère, mais
transitionnellement, bien entendu, plutôt que dans un marché fermé où on peut
recourir à des mesures comme celle‑là, mais vu qu'on n'en a pas discuté, on
aimerait faire le point là‑dessus et on vous répondra par
écrit.
663 CONSEILLÈRE NOËL: Maintenant, si on... si on passe,
peut‑être parce que... parce que vous l'avez cité abondamment le modèle français
dans votre comparution à toutes sortes... à toutes sortes de sauces, je vais
vous poser une couple de questions là‑dessus.
664 Qu'est‑ce que vous
penseriez d'une approche un peu comme celle qui existe en France où les stations
de radio sont assujetties à une obligation de diffuser un pourcentage minimum,
environ 40 pour cent je crois, de chansons d'expression française durant les
heures... eux autres, ils appellent ça *l'écoute
significative+, ce qu'on appelle,
nous, *de grande
écoute+, dont la moitié au
moins doit provenir de nouveaux talents ou de nouvelles productions et qui
doivent être, elles aussi, diffusées aux heures
d'écoute?
665 Pouvez‑vous nous dire
ce que vous pensez de cette... l'approche française dans ce domaine‑là? Évidemment, les quotas sont sensiblement
plus bas là. On parle d'un
maximum.
666 M. O'FARRELL: Je pense que c'est la prémisse de la
réponse qu'on parle d'un autre système avec des quotas qui sont plus bas, mais
encore une fois, nous n'avons pas discuté de la discussion et vu qu'on est un
regroupement où il y a plusieurs intérêts autour de la table, on va devoir en
discuter et vous revenir par écrit.
667 CONSEILLÈRE NOËL: Alors, je pense que je vais abandonner
ma ligne de questions sur le... vous nous reviendrez par écrit sur l'approche
française et ce que je voudrais peut‑être souligner pour que vous prépariez
votre réponse, c'est qu'il y a des ajustements dans cette
formule‑là.
668 C'est une formule à
géométrie variable et qui pourrait peut‑être être intéressante là dans le cadre
de la différentiation des formats.
D'accord?
669 Maintenant, si on
revient à la question du crédit de 150 pour cent de musique vocale de langue
française et de 125 pour cent pour les autres nouveautés de contenu canadien,
comment vous êtes arrivé à ces chiffres‑là?
670 Pouvez‑vous nous
expliquer un petit peu comment vous avez déterminé 150 pour cent pour la musique
vocale de langue française et 125 pour cent pour le contenu canadien en terme de
nouveautés et de crédits pour les nouveautés?
671 M. O'FARRELL: Bien, premièrement, on a... Oui. Premièrement, on s'est inspiré des
mesures incitatives que le Conseil lui‑même a déjà mis en place dans d'autres
secteurs, toujours en sachant que... et toujours en se référant au fait que ce
genre de mesure‑là est tirée d'un travail exploratoire qu'on fait pour trouver
la juste mesure pour aider une situation où on veut encourager un certain
résultat et la distinction entre les deux.
Je vais laisser Pierre‑Louis vous faire le point là‑dessus, mais c'était
pour essayer de vous proposer quelque chose qui tenait compte aussi du fait
qu'il y a deux marchés qui se distinguent : celui du Québec et celui du Canada
anglais et au niveau du contenu canadien, le contenu canadien traverse les deux,
mais le quota de musique locale de langue française ne traverse pas dans le
deuxième système. Il
reste...
672 CONSEILLÈRE NOËL: Mais à quelques exceptions
près?
673 M. O'FARRELL: À quelques exceptions près,
excusez‑moi.
674 CONSEILLÈRE NOËL: Quelques stations francophones à
l'extérieur du Québec.
675 M. SMITH: J'ajouterais juste pour compléter que si
vous regardez l'approche du système de prime sur le marché francophone donne un
crédit à la diffusion et de la pièce nouvelle qui a une durée de vie en terme de
nouveauté, selon ce que nous avons... la définition que nous avons mise de
l'avant de 12 mois à partir du moment où elle apparaîtrait dans la publication
de palmarès et aussi un crédit de 25 pour cent pour l'artiste sur une période de
temps et établie.
676 Et dans le cas que nous
avons présenté au Conseil sur une fenêtre d'environ 48 mois à partir de la
première publication ‑‑ excusez‑moi, du côté du Canada anglais, pour le
marché anglophone, le crédit est de 25 pour cent également, mais uniquement sur
l'artiste et c'est pour ça qu'il y a une distinction et une différence dans
l'approche du système de prime et pour tenir compte du fait que sur le marché
francophone, effectivement, il y a deux niveaux de quotas et que le quota de
musique vocale en langue française et très très très significativement plus
élevé que le quota de contenu canadien.
677 CONSEILLÈRE NOËL: Si dans sa grande sagesse le Conseil
décidait d'imposer un pourcentage minimum de nouveautés à même le pourcentage de
contenu canadien dans le cas des stations anglophones, quelle serait, d'après
vous, l'approche la plus appropriée pour atteindre les mêmes objectifs pour les
artistes canadiens de langue française.
678 M. O'FARRELL: Alors, pour reprendre la question, si
vous décidiez pour le contexte du marché...
679 CONSEILLÈRE NOËL: Si, dans notre grande sagesse on
décidait...
680 M. O'FARRELL: ... dans votre grande
sagesse.
681 CONSEILLÈRE NOËL: ... d'imposer un quota de
nouveautés?
682 M. O'FARRELL: Alors, une bonne question hypothétique
quoi?
683 CONSEILLÈRE NOËL: C'est une hypothèse. Je n'ai pas dit que c'était une
réalité.
684 M. O'FARRELL: Écoutez, au risque de me répéter parce
qu'on n'a pas fait de... on n'a pas fait de consensus sur ce type de question
hypothétique, je n'ai pas de réponse claire à vous soumettre ce
matin.
685 Mais si vous souhaitez
en avoir une sur la question hypothétique, on pourrait sûrement se porter sur la
question et vous répondre par écrit.
686 CONSEILLÈRE NOËL: Dans vos 20 pages.
687 M. O'FARRELL: Mais, là, on va être rendu à du 10
points, là, je pense.
688 CONSEILLÈRE NOËL: Attention! En bas de 12 on ne lit
plus.
689 M. SMITH: Je fais juste mentionner, si vous me le
permettez, que d'après les analyses du Conseil, effectuées par le Conseil, qui
comparent le portrait de 1997 au portrait de 2005, déjà on remarquait une
augmentation assez significative de la présence des artistes de la relève à
l'antenne des stations de langue française, on est passé de sept pour cent en
1997 à 16,4 pour cent en 2005.
690 CONSEILLÈRE NOËL: Sans quota.
691 M. SMITH: Sans quota. Merci.
692 CONSEILLÈRE NOËL: Maintenant, si on retient la même
hypothèse et vous nous répondrez par écrit en temps utile, si on retient
l'hypothèse où le Conseil mettrait un quota pour les nouveautés sur le 35 pour
cent de contenu canadien, est‑ce que le pourcentage de nouveautés pour les
stations francophones devrait être déterminé en fonction du pourcentage de
musique vocale de langue française; c'est‑à‑dire de 65 pour cent ou le
pourcentage de contenu canadien, c'est‑à‑dire de 35 pour
cent?
693 M. O'FARRELL: Nous nous pencherons sur cette question,
madame la conseillère et vous répondrons par écrit, mai vous avez de très bonnes
questions je vous en félicite et on va faire nos devoirs et on va chercher à
vous satisfaire avec la qualité de nos réponses.
694 CONSEILLÈRE NOËL: Ah! mon Dieu. Alors, on va lire beaucoup. On va lire beaucoup tout à l'heure
hein! On va lire beaucoup après,
j'ai l'impression.
695 Je pense qu'on va
passer et peut‑être commenter sur la proposition de l'ARC du Canada qui propose
qu'une façon efficace d'avoir de la diversité au niveau de la diffusion des
talents francophones en onde serait que le CRTC impose un quota
raisonnable.
696 Ça, ça rejoint un petit
peu ce que l'ANIM disait tout à l'heure, mais exprimé différemment, un quota
raisonnable de musique des autres communautés francophones canadiennes. Vous allez nous répondre par écrit? Merci.
697 M. O'FARRELL: Bien, toujours avec le même préambule,
madame la conseillère, que d'ajouter des niveaux de réglementation de ce type ne
nous paraît pas nécessairement dans la bonne direction du... ne nous paraît pas
prendre la bonne direction pour l'avenir d'un système qui va devoir faire face à
toutes ces nouvelles formes de concurrence dont on a discuté avec le président
tout à l'heure mais parce qu'on veut vous répondre en bonne et due forme, nous
le ferons par écrit.
698 CONSEILLÈRE NOËL: D'accord. Maintenant, Astral a proposé quant à
elle qu'une façon de contrer la progression des transferts d'écoute des
francophones vers les stations locales de langue anglaise dans les marchés
bilingues serait de réduire le pourcentage de diffusion de musique vocale de
langue française des stations musicales de langue françaises des marchés de
Montréal et d'Ottawa‑Gatineau.
699 Est‑ce
que...
700 M. O'FARRELL: C'est une position d'Astral,
madame.
701 CONSEILLÈRE NOËL: C'est la position d'Astral. Et la position de l'ADISQ d'imposer un
minimum de 48 pour cent de programmation musicale aux heures de grande écoute
pour palier au manque de programmation musicale et francophone aux heures de
grande écoute, est‑ce que je peux avoir votre
commentaire?
702 M. O'FARRELL: Absolument;
Pierre‑Louis?
703 M. SMITH: Je vais laisser Jacques compléter ma
réponse si besoin est, mais d'ajouter un quota pour déterminer le niveau de la
programmation musicale qu'il devrait y avoir aux heures de grande écoute va à
l'encontre du développement normal qui s'est fait au Québec dans le milieu
francophone au cours des... au cours des... je dirais, des cinq dernières
années.
704 Ce qu'on a mentionné
abondamment est le fait qu'un des éléments pour les diffuseurs de langue
française de se distinguer les uns des autres...
705 CONSEILLÈRE NOËL: C'est la création
orale.
706 M. SMITH: ... et se démarquer de la concurrence
qui vient d'autres plate‑formes, c'est d'aller vers des produits exclusifs et il
semble que le fait d'aller vers des produits exclusifs a un impact important au
niveau de l'écoute.
707 Je sais que les cotes
d'écoute de Corus pour son FM parlé de Montréal sont nettement plus élevées que
les cotes d'écoute qu'ils avaient lorsqu'ils avaient un format musical et je
pense que dans les stations ou dans les réseaux en général, les émissions du
matin et de l'après‑midi qui sont de plus en plus au FM à prédominance verbale,
ont aussi... obtiennent des succès d'écoute importants.
708 Jacques, si tu veux
compléter.
709 M. PARISIEN: Non, ça me va. Moi, c'est effectivement la raison,
c'est une question de différentiation de contenu verbal qui, pour le moment, est
porteur de cette différentiation‑là et non le contenu
musical.
710 CONSEILLÈRE NOËL: Et quand on parle de cette période‑là,
on parle de la radio le matin, quand les gens s'en vont travailler puis le
retour à la maison.
711 M. PARISIEN: Oui, mais tout l'esprit du mémoire de
l'ACR est le consensus auquel les radiodiffuseurs du marché québécois en sont
venus, c'est : ça ne nous prend pas plus de réglementation ou plus de
carcan...
712 CONSEILLÈRE NOËL: Ça nous en prend
moins.
713 M. PARISIEN: Ça nous en prendrait moins, un
allégement, ça, je pense que c'est clair d'entrée de jeu, monsieur O'Farrell l'a
adressé dans son introduction, si on veut considérer d'autres enjeux, l'enjeu de
la différentiation en heures d'écoute, de grande écoute le matin et au retour,
ce n'est pas un problème musical pour le moment, c'est un problème de contenu
verbal.
714 CONSEILLÈRE NOËL: Merci. Maintenant, si on parlait des montages,
vous, votre position, c'est de ne rien changer de ce qui existe à l'heure
actuelle, mais l'ADISQ et l'Union des artistes ont dénoncé le fait que plusieurs
radiodiffuseurs francophones font usage de longs montages de pièces anglophones
avec pour résultat que le temps dévolu à la chanson anglophone demeure plus
élevé que celui considéré à la chanson francophone... que celui consacré à la
chanson francophone.
715 Est‑ce que c'est
pertinent d'avoir des montages et si oui, pourquoi?
716 M. SMITH: Je pense que les montages sont encore
pertinents dans certains formats musicaux, moins dans d'autres et les
informations dont on dispose, nous, c'est qu'il y a eu, à un certain moment
donné, des problèmes spécifiques reliés aux montages, à une certaine époque avec
un certain diffuseur qui était relié, entre autres, au fait qu'il avait une très
faible alimentation en produits... en produits
francophones.
717 Dans les formats
prédominants, je dirais, pop adulte ou pop rock, pop adulte, Lilianne pourra
compléter, je ne crois pas qu'il y ait un usage très grand des montages. Ça se fait davantage dans les formats,
disons, pop rock ou top forty et, à ma connaissance, toutes les stations
respectent la réglementation du Conseil telle que stipulée, sans
abus.
718 Mme RANDALL: C'est exactement comme Pierre‑Louis a
dit, il n'y a pas beaucoup de... l'utilisation des montages, ce n'est pas énorme
puis même dans le format où je suis, moi, présentement, ce n'est... on en
utilise rarement, quelque peu, mais rarement.
719 CONSEILLÈRE NOËL: Alors, quant à vous, il n'y a aucun
problème et vous ne retenez pas les propositions de l'ADISQ et de l'UDA à cet
effet‑là.
720 M. O'FARRELL: C'est exact.
721 CONSEILLÈRE NOËL: Merci. Maintenant, vous nous parlez de nouvel
artiste, un nouvel artiste, ça, c'est 12 mois puis... non, une nouvelle chanson
c'est 12 mois puis un nouvel artiste a une vie de 48 mois,
lui.
722 Comment est‑ce que vous
réconciliez ça avec la définition du Conseil qui définit le nouvel artiste comme
un enregistrement... l'enregistrement d'un nouvel artiste comme un
enregistrement paru depuis moins de deux ans et qui, au moment de la diffusion
de l'émission, l'artiste associé à cet enregistrement ne comptait aucune entrée
qui datait depuis plus de deux ans dans la base de données de la musique
canadienne du Conseil; c'est‑à‑dire le 24 mois partout?
723 M. SMITH: Écoutez, l'approche que nous avons prise
pour déterminer ou définir ce qu'est un nouvel artiste et encore une fois, il y
a une approche une définition qui est différente pour le marché francophone que
pour celle du marché anglophone, mais sur la plage du marché francophone, nous
sommes... et je vous dirais que comme on a fait un effort, un exercice pour
essayer de développer cette définition‑là en ayant à coeur deux éléments
fondamentaux.
724 Le premier: que ce soit
facile pour les stations de radio de l'exploiter ou d'exploiter cette
définition‑là.
725 Autrement dit,
quelque... les artistes qui font... qui feraient partie plutôt de la liste des
artistes éligibles, soient facilement identifiables et c'est pour ça qu'on a
fait référence au fait que les artistes... que la liste soit publiée dans le
palmarès qui est d'utilisation généralisée dans l'industrie auprès des
radiodiffuseurs francophones.
726 Le deuxième élément,
c'était aussi un exercice pour faciliter l'exercice du Conseil de mesurer ou de
*monitorer+, pour prendre un
mauvais anglicisme, l'application de la mesure... du système de prime de la
mesure de bonification.
727 La définition du
Conseil est sans doute très intéressante, le problème que les diffuseurs ont
identifié par rapport à cette définition‑là, c'est encore une fois la notion que
tout le monde ait... sache qu'elle est... quels sont les artistes qui font
partie de la bande de données, si vous voulez, du Conseil.
728 Sur la période du 48
mois plutôt que 24, nous sommes partis de l'analyse suivante : en moyenne, d'après les informations que
nous avons colligées, un premier album prend entre 24 et 33 mois à se
commercialiser. Un bon exemple: les
Trois Accords dont je faisais... dont je parlais un peu plus tôt, a lancé leur
premier compact à l'automne 2003 dans une situation qui était assez, je dirais,
intime, a fait un deuxième lancement au printemps 2004.
729 CONSEILLÈRE NOËL: Du même compact?
730 M. SMITH: Du même compact avec un rayonnement ou
une diffusion beaucoup plus large et la commercialisation de cet album‑là a...
s'est poursuivie jusqu'à l'automne 2005.
731 Donc, comme on le voit,
il y a une plage de, au minimum deux ans, et dans certains cas c'est 30
mois. Donc, on se disait pourquoi
devrions‑nous exclure le deuxième album qui souvent est important de... un
artiste peut bien performer sur un premier album et avoir moins de succès sur le
deuxième et nous ne voulions pas exclure des artistes en raison d'une date qui
soit trop courte et c'est encore une fois en fonction des informations qu'on a
colligées.
732 La production du
deuxième album intervient généralement entre le trentième et le quarantième mois
et donc, on voulait avoir une plage de... une période où l'artiste pourrait
encore se qualifier comme artiste de la relève.
733 Et ce n'est pas tous
les artistes qui vont vendre 200 000 copies de leur premier
compact.
734 Mme RANDALL: Si je pouvais... excusez‑moi, si je peux
ajouter quelque chose.
735 CONSEILLÈRE NOËL: Oui.
736 Mme RANDALL: Aussi on s'est dit que ça arrive souvent
si un nouvel artiste, son premier album, il n'y a rien qui se passe, il n'a pas
réussi à tourner à la radio, au moins s'il arrive le deuxième album, ça lui
donne une deuxième chance à être diffusé à la radio en étant comme artiste de
relève.
737 CONSEILLÈRE NOËL: D'accord. Maintenant, vous référez au palmarès
comme outil pour fixer le point de départ d'une nouveauté ou d'un nouvel
artiste. En France, c'est le CSA
qui publie ou qui tient à jour mensuellement une liste de nouvelles productions
françaises et une liste des artistes confirmés, laquelle est actualisée deux
fois par an.
738 Ces listes servent à
aider les stations à s'acquitter de leurs obligations pour faire tourner des
nouveautés.
739 Est‑ce que... qu'est‑ce
que vous pensez d'un système comme le système français? Réponse par écrit?
740 M. O'FARRELL: Oui, madame la
conseillère.
-‑‑ Rires /
Laughter
741 CONSEILLÈRE NOËL: Maintenant, pourquoi le Conseil
devrait‑il utiliser le palmarès plutôt qu'un autre outil de référence? Est‑ce que vous avez... par
écrit?
742 M. O'FARRELL: Ça nous semble être la référence, mais
Pierre‑Louis?
743 M. SMITH: C'est la référence dans l'industrie de
la radio du côté francophone.
744 CONSEILLÈRE NOËL: C'est la référence dans
l'industrie.
745 M. SMITH: De la même façon que le Conseil, je
pense, utilise pour certaines de ses politiques des revues spécialisées du
côté... du côté anglophone de façon régulière.
746 CONSEILLÈRE NOËL: Maintenant, est‑ce que le palmarès fait
état de toutes les publications... de la date de publication de toutes les
oeuvres musicales francophones, canadiennes ou même celles de producteurs qui ne
seraient pas représentés, par exemple, par l'ADISQ?
747 M. SMITH: J'allais dire, écoutez, à notre
connaissance, présentement ce n'est pas le cas. Dans les discussions que nous avons eues
avec l'industrie du disque, c'est une suggestion que nous avons faite pour dire
justement, ce serait... le meilleur véhicule à utiliser serait d'utiliser le
palmarès. Il faudrait l'adapter de
façon à ce que les informations soient communiquées très
clairement.
748 CONSEILLÈRE NOËL: Alors, ça fait partie de votre problème
d'appariement avec l'industrie de la musique, si je comprends
bien?
749 M. SMITH: Mais si ma mémoire est fidèle, c'était
une approche à tout le moins sur cette question‑là spécifique que ça ne semblait
pas poser de problème avec les représentants de l'ADISQ.
750 CONSEILLÈRE NOËL: Maintenant, je sens que je vais avoir
une autre réponse par écrit.
751 L'ARC du Canada propose
la création d'un palmarès national hebdomadaire des artistes francophones du
Canada, pour mieux faire connaître les artistes francophones canadiens à
l'extérieur du Québec.
752 Qu'est‑ce que vous
pensez de la proposition de l'ARC?
753 M. O'FARRELL: Nous répondrons par écrit, madame la
conseillère.
754 CONSEILLÈRE NOËL: Et y aurait‑il moyen de concilier ces
deux palmarès: celui de l'ARC et celui de l'ADISQ et est‑ce que vous allez
répondre par écrit aussi?
755 M. O'FARRELL: Dans l'éventualité que la réponse est
positive, oui et sinon, non.
756 CONSEILLÈRE NOËL: Bon, on va changer de sujet. Peut‑être que je vais avoir des réponses
verbales.
757 Contribution au
développement des talents canadiens.
Comment est‑ce que vous justifiez l'adoption de mesures différentes en
matière de développement de talents canadiens pour les stations de langue
française et de langue anglaise et de quelle façon suggérez‑vous d'administrer
ces mesures différentes?
758 M. O'FARRELL: Je vais commencer et je vais passer la
parole à Pierre‑Louis et, ensuite, à Jacques s'ils veulent bien
commenter.
759 Premièrement, bien
entendu, on s'inspire de l'expérience vécue de Fonds Radio Star et de Star Maker
Fund. Du côté du Québec, il n'y a
pas de doute que le Fonds Radio Star c'est vu... bien, le modèle des fonds au
Québec entre ce qui se fait entre Radio Star et Musique Action est un modèle
beaucoup plus intégré que celui du côté du Canada anglais entre Factor et Star
Maker Fund.
760 Donc, à partir de là,
on parle de deux données différentes sur deux marchés différents et l'approche
cependant, elle est singulière dans la mesure où l'on croit qu'il serait utile
pour ce qui est de la nouvelle période... la période de la nouvelle politique de
la radio, de voir à ce que toutes les contributions financières faites par
l'industrie de la radio soient dirigées vers un seul fonds et ce, dans le but
d'obtenir une plus grande transparence, une plus grande redevabilité, mais aussi
une utilisation beaucoup plus efficace, selon nous, aux objectifs des réalités
ou de la musique commerciale et donc, de la radio
commerciale.
761 Ça, c'est notre
principe fondateur tant pour un que pour l'autre.
762 Sur la façon que les
sommes seraient administrées, il y a deux conseils d'administration. Il y en a un chez Fonds Radio Star et il
y en a un chez Star Maker Fund, les deux ont été approuvés dans leurs
constitution et de leur gouvernance par le Conseil. Alors, on ne changerait rien
là.
763 Et on laisserait à
chacune de ces institutions‑là, chacun de ces conseils de direction‑là de
prendre des décisions qui s'imposent dans chacun dans leur marché pour la façon
de gérer ou administrer les fonds.
764 Ce qui veut dire que
dans certains cas, il est bien possible qu'on décide de faire gérer des
programmes par Star Maker Fund ou par Fonds Radio Star ou par Musique Action et
par Factor de l'autre côté.
765 Ce que nous prétendons
être la formule la plus efficace et la plus transparente, c'est de permettre à
ces deux conseils de prendre les meilleures décisions possibles dans chacun dans
leur marché pour atteindre les meilleurs résultats, compte tenu des divergences
et des distinctions dans chacun des marchés de la radio et de la musique de
langue française par rapport à celui du côté du Canada
anglais.
766
Pierre‑Louis.
767 M. SMITH: Je vais juste compléter en disant que la
différence aussi... d'abord, un point commun entre les deux, c'est le fait que
la démarche que nous mettons sur la table, c'est de placer l'artiste au coeur de
la démarche.
768 Dans ce sens‑là, on
croit que l'approche de concentrer le financement à travers un fonds dit
commercial, contrôlé uniquement ou financé uniquement par le biais de la
contribution des radiodiffuseurs est la manière la plus
efficace.
769 Deuxièmement, il y a
une distinction, par contre, entre le marché francophone et le marché
anglophone. C'est‑à‑dire que sur le
marché francophone, il y a un consensus très large de la part des diffuseurs
qu'il est important aussi de développer la relève, ce qu'on appelle la relève
radiophonique.
770 CONSEILLÈRE NOËL :
J'étais pour y venir. Je vous
laisse aller.
771 M. SMITH : Je vous
devançais légèrement.
772 Donc, dans cette
optique‑là, toujours par le biais de Fonds RadioStar ‑‑ on ne veut pas
recréer d'autres structures administratives ‑‑ à travers un véhicule qui,
jusqu'à date, a très, très bien rempli sa mission, d'avoir un programme à
l'intérieur de Fonds RadioStar qui aurait pour effet de développer ou de
soutenir les efforts de développement de la relève
radiophonique.
773 Jacques, si tu veux
compléter.
774 CONSEILLÈRE NOËL : Dans
le domaine de la création orale?
775 M. SMITH : Dans le
domaine de la création orale.
776 M. PARISIEN : Le
domaine de la création orale, journalistes, chroniqueurs, humoristes, et
caetera, donc, dans le sens large du mot, oui, tout à
fait.
777 CONSEILLÈRE NOËL :
Oui. Alors, on ne parle pas
exclusivement de nouvelles là?
778 M. PARISIEN :
Non.
779 CONSEILLÈRE NOËL :
Quelle proportion des montants de contribution au développement... des montants
qui seraient, dans votre scénario, remis au Fonds RadioStar, quelle proportion
de ces montants‑là serviraient au développement de la création
orale?
780 M. SMITH : Ce qu'on a
déterminé, c'est que environ 10 pour cent de l'enveloppe globale de Fonds
RadioStar pourrait être affecté au développement de la relève
radiophonique.
781 CONSEILLÈRE NOËL :
D'accord.
782 Maintenant, il y a
d'autres associations qui ont fait des commentaires, notamment les associations
de radios communautaires qui proposent de créer un fonds canadien de la radio
communautaire qui aurait pour mandat de supporter le développement des radios
communautaires au Canada.
783 Est‑ce que je peux vous
demander vos commentaires sur cette proposition, sur les montants qui devraient
servir à l'alimenter?
784 M. O'FARRELL : Notre
proposition, Madame la Conseillère, c'est de stabiliser la formule et le
véhicule de Fonds RadioStar sur le marché francophone pour les raisons qu'on a
invoquées dans notre mémoire, à savoir que, premièrement, il y a eu des
nouvelles licences, il y a eu des transactions qui ont produit des avantages
tangibles bien au‑delà des attentes de certains et bien d'autres quant aux
sommes investies.
785 Mais tout ça pour dire
que si vous regardez les contributions financières du secteur de la radio
privée, pour ce qui est du Fonds RadioStar et MUSICACTION sur la période de
l'ancienne politique, on parle d'une augmentation d'au‑delà de 1 330 pour
cent par rapport à ce que c'était auparavant.
786 Je pense que la
contribution financière du secteur privé de la radio ‑‑ qui est la seule,
comme on l'a dit tout à l'heure, au monde où on oblige le secteur privé de la
radio à faire une contribution directe au secteur de l'enregistrement
sonore ‑‑ est nettement suffisante.
787 D'ailleurs, si on se
reporte à la question de la demande sur le fonds, la preuve est dans les
faits ‑‑ je pense qu'ils sont étayés, d'ailleurs, dans notre mémoire
aussi ‑‑ à savoir qu'on répond à un pourcentage très élevé du nombre de
demandes dans le marché francophone par les programmes qui sont en place de
Fonds RadioStar, et on pense qu'on peut poursuivre cette démarche‑là encore pour
quelques années.
788 On dit, d'ailleurs,
dans notre mémoire et dans notre présentation à nouveau ce matin, dans trois
ans, on proposerait revenir au Conseil et rendre compte sur l'état des choses
telles qu'elles sont, mais aussi prendre leur ‑‑ et avec les partenaires,
que ça soit le CRTC, mais aussi l'industrie du disque, mais aussi les paliers
gouvernementaux qui, eux, sont des contributeurs à l'enregistrement sonore, eux
aussi, pour savoir où est‑ce que tout ça s'en va et quelles sont les meilleures
politiques à mettre en place pour l'avenir, qui serait aussi, je pense,
fonction, bien entendu, de la capacité financière du secteur de la radio de
maintenir les mêmes niveaux de contribution ou encore de les augmenter ou de les
revoir, compte tenu des réalités, rendu à ce moment‑là.
789 CONSEILLÈRE NOËL :
Alors, ce que vous me dites, c'est que de contribuer 5 millions qui proviendrait
des radios commerciales au fonds des radios communautaires, ce n'est pas ce que
vous envisagez comme politique ‑‑
790 M. O'FARRELL : Si vous
me permettez deux instants, je voudrais ajouter pour expliquer davantage
pourquoi.
791 La radio privée
commerciale de demain, comme d'aujourd'hui, fait face déjà à une grande
concurrence, comme on en a parlé tout à l'heure, dans un contenu qui est
exclusif et à fortes dépenses, comme monsieur Parisien vous a expliqué,
d'ailleurs, aussi, mais aussi dans un contenu non‑exclusif, qui est la musique,
contenu que d'autres compétiteurs utilisent pour faire concurrence à la radio
privée commerciale.
792 On croit que, dans les
circonstances et compte tenu de ces réalités qui nous pendent au bout du nez et
des impacts qu'on voit déjà, qui sont quand même assez significatifs, surtout
sur le marché du Québec lorsqu'on se rapporte à la profitabilité moyenne de la
radio par rapport à la profitabilité ailleurs, on pense que ça serait, d'ores et
déjà, un engagement supérieur de maintenir ou de stabiliser, si vous voulez, ce
qui est déjà en place au‑delà de sa période, d'ailleurs, de vie naturelle ou de
cycle naturel d'un bénéfice tangible ou d'un avantage tangible au sens de la
politique du Conseil, qui mettrait fin, si vous voulez, aux
contributions.
793 Mais ce qu'on pense,
dans les circonstances ‑‑ et ça revient à l'essence même de notre
proposition ce matin ‑‑ le système réglementaire en place, je pense qu'on
peut continuer de vivre avec, de sorte que je ne propose pas de changements
majeurs. On propose des
modifications légères au niveau du...
794 CONSEILLÈRE NOËL : Des
destinataires?
795 M. O'FARRELL :
Exactement, et c'est dans cette foulée‑là que, nous, on pense qu'il faut
s'assurer que ces fonds‑là, qui sont des fonds qui proviennent du secteur privé
de la radio, servent à la musique commercialement disponible pour la radio
commerciale.
796 CONSEILLÈRE NOËL :
Alors, si on continue dans le secteur du développement des talents canadiens,
l'idée de faire passer la contribution, lors des transferts de contrôle, de 6 à
10 pour cent, pouvez‑vous élaborer là‑dessus?
797 M. O'FARRELL : Je pense
que si on avait à parler de cette question‑là, bien qu'on n'a pas de position
officielle, je serais porté à dire que l'ascenseur s'en va dans l'autre
direction plutôt que dans celle que vous proposez.
798 CONSEILLÈRE NOËL :
Maintenant, il y a eu des suggestions à l'effet de consolider toutes les
contributions, que ce soit les bénéfices au moment d'une demande de licence, les
paiements statutaires annuels selon la taille de marché, et puis la politique de
bénéfices au moment des transferts et d'avoir un montant global de 2 pour cent
des revenus.
799 Qu'est‑ce que vous
pensez de ça?
800 M. O'FARRELL : Notre
proposition, Madame la Conseillère, en matière de...
801 CONSEILLÈRE NOËL :
C'est le statut quo.
802 M. O'FARRELL : Bien,
c'est plus que le statut quo, c'est de bonifier et de stabiliser un système qui
est en place, qui, je pense, qui est plus que le statut
quo.
803 CONSEILLÈRE NOËL :
Maintenant, il y a l'ARPIF qui propose la création d'un fonds ARPIF consacré à
l'appui des tournées en région au Québec, au Nouveau‑Brunswick et en
Ontario ‑‑ parce que, comme vous le savez, l'ARPIF, c'est l'Association des
radiodiffuseurs privés indépendants francophones et non pas québécois ‑‑
avec des contributions semblables à celles de l'ACR.
804 Que pensez‑vous de la
proposition de l'ARPIF?
805 M. SMITH : Nous croyons
que c'est une excellente proposition, d'autant plus que la proposition de
l'ARPIF s'articule à la fois... au lieu de créer un fonds à part, administré à
part, ce serait... les contributions dans le fonds, si je comprends bien le sens
de l'intervention de l'ARPIF, ce serait les contributions des radiodiffuseurs
des petits marchés qui seraient consolidées, si vous voulez, à l'intérieur de
Fonds RadioStar, mais avec un fonds...
806 CONSEILLÈRE NOËL :
D'accord.
807 M. SMITH : ...un
programme qui serait spécifique.
808 CONSEILLÈRE NOËL :
Alors, ce serait dans la façon de dépenser de Fonds RadioStar que l'ARPIF
trouverait son compte...
809 M. SMITH : La
compréhension que j'en ai.
810 CONSEILLÈRE NOËL :
...ou espérerait trouver son compte?
811 M. SMITH : Oui. Pour éviter d'avoir à créer des fonds
qui, évidemment, doivent nécessiter des coûts d'administration, c'est une
approche qui nous apparaît être constructive.
812 CONSEILLÈRE NOËL :
Maintenant, si on parle de diversité de la musique, l'ADISQ, elle, propose
l'adoption d'une règle qui serait liée au groupe cible que chaque station
s'engage à servir, le respect de celle‑ci à son engagement de servir ce
groupe‑là pouvant être mesuré de façon précise par des critères de profilage des
groupes cibles, et notamment de l'âge.
813 Que pensez‑vous de
cette proposition?
814 M. O'FARRELL : Nous ne
sommes pas d'accord avec cette proposition, Madame la
Conseillère.
815 CONSEILLÈRE NOËL : Si
le Conseil l'adoptait, quel serait l'impact sur le marché
francophone?
816 M. O'FARRELL : Nous ne
l'avons pas évalué en chiffres et nous n'avons pas fait ces calculs‑là. Nous ne les avons pas avec nous
aujourd'hui.
817 Mais encore une fois,
Madame la Conseillère, je pense que, au risque de me répéter, ça va à l'encontre
du système que nous voyons pour l'avenir.
818 CONSEILLÈRE NOËL :
Maintenant, l'ADISQ propose également la production de rapports annuels
concernant la diversité sur les ondes.
819 Est‑ce que je peux
avoir votre opinion là‑dessus?
820 M. PARISIEN : Oui. Étant précurseur dans les rapports
annuels sur la diversité, on est rendu à notre deuxième qui a été tablé, et on
va continuer à émettre un rapport annuel si ça répondait à une spécificité
exclusive à Astral Media dans le cas de l'acquisition de
Télémédia.
821 C'est lourd comme
processus. Je ne suis pas sûr que
ça l'a rajouté beaucoup au paysage qui était déjà en place, et je vous suggère
que, comme c'est lourd comme processus, ce n'est certainement pas quelque chose
qui est bienvenue pour l'ensemble de
l'industrie.
822 CONSEILLÈRE NOËL : Les
gens de l'ARPIF en particulier ne seraient pas très heureux d'avoir un système
comme ça, c'est ce que vous me dites?
823 M. PARISIEN : Je suis
convaincu que non.
824 CONSEILLÈRE NOËL :
Maintenant, Monsieur Parisien, vous nous avez parlé du Star système au
Québec. Il y a d'autres groupes ou
individus qui sont intervenus dans le processus et qui nous ont parlé du besoin
de diversité et de la présence d'artistes émergents.
825 Est‑ce que vous croyez
qu'il y a un certain équilibre qui pourrait être atteint entre ces deux
concepts‑là à l'intérieur du système actuel de développement des talents
canadiens?
826 M. PARISIEN : Je n'ai
pas les chiffres sous la main là ‑‑ peut‑être que Pierre‑Louis les
a ‑‑ mais je sais que depuis 1997 et particulièrement dans les dernières
années, au Québec, sur les principales chaînes radiophoniques francophones, il
s'est joué plus de relève qu'il s'en jouait avant, et que ces pourcentages‑là
sont en croissance et de façon assez
intéressante.
827 Alors, moi, je pense
que le système fonctionne. Ce qu'on
a suggéré, aujourd'hui, au Conseil, c'est comment le bonifier avec un incitatif
intéressant et qui va probablement l'améliorer encore
plus.
828 CONSEILLÈRE NOËL : If
it ain't broken, don't fix it; c'est ce que vous nous
dites.
829 Maintenant, contenu
canadien. L'UDA, elle, propose 40
pour cent, de hausser le quota de contenu canadien à 40 pour
cent.
830 Qu'est‑ce que vous
pensez de ça? Quel serait l'impact
de cette proposition‑là auprès des radiodiffuseurs, notamment des
radiodiffuseurs francophones?
831 M. O'FARRELL : Nous
sommes contre cette proposition‑là, Madame la Conseillère.
832 CONSEILLÈRE NOËL : Et
qu'est‑ce que vous pensez de la proposition de l'ADISQ de hausser à 20 pour cent
pour la catégorie 3, notamment la musique classique, et à 35 pour cent pour la
musique de jazz?
833 M. SMITH : Écoutez, si
je... la proposition de l'ADISQ, c'est de dire puisqu'il y a des diffuseurs,
dans le cas présent Radio classique et Couleur FM, qui ont proposé des
niveaux...
834 CONSEILLÈRE NOËL :
Couleur Jazz.
835 M. SMITH : ...Couleur
Jazz, merci, qui ont proposé des niveaux plus élevés de contenu canadien, dès
lors, l'ensemble de l'industrie devrait être assujetti à ces
augmentations‑là.
836 J'aimerais juste
attirer votre attention que, toujours selon les données de Statistiques
Canada ‑‑ évidemment qui ne vont pas plus loin que 2003 ‑‑ quand on
compare 1998 et 2003, on constate que dans le domaine de la musique classique,
il y a eu une réduction substantielle du nombre de nouveaux enregistrements,
passant de 159 en 1998 à 97. Dans
le jazz, par contre, jazz et folk, il y a eu une augmentation légère de 62
albums canadiens à 73 albums canadiens en 2003.
837 Donc, c'est variable,
et je pense que l'approche que le Conseil a, d'y aller au cas par cas en
fonction des caractéristiques des diffuseurs concernés dans le domaine de la
musique spécialisée, devrait continuer à s'appliquer.
838 CONSEILLÈRE NOËL : À
votre avis, est‑ce qu'il y a assez d'approvisionnement en musique dans ces deux
catégories‑là, jazz et musique classique, pour rencontrer des quotas plus
élevés, soit 20 pour cent pour le classique et 35 pour le
jazz?
839 M. SMITH : Encore une
fois, si je me fie aux données, je vous mentionnais, on a eu une réduction assez
significative du nombre de nouveaux enregistrements en musique classique entre
'98 et 2003. On est passé de 159
albums nouveaux en musique classique à 97 en 2003, et c'est une tendance qui est
mondiale. L'industrie du disque en
général a réduit sensiblement le nombre de nouveaux enregistrements en musique
classique.
840 Ce qu'on constate,
c'est que ça représente 9 pour cent de l'approvisionnement ou des
commercialisations en 2003... le contenu canadien représentait 9 pour
cent.
841 CONSEILLÈRE NOËL :
Donc, de doubler le quota poserait un problème?
842 M. SMITH : À
l'évidence, en fonction des informations...
843 CONSEILLÈRE NOËL : Ou
bien on entendrait les Quatre Saisons de Vivaldi plusieurs
fois...
844 M. SMITH : Sans
doute.
845 CONSEILLÈRE NOËL :
...joué par la même personne.
846 M. SMITH : Sans
doute.
‑‑‑ Rires /
Laughter
847 CONSEILLÈRE NOËL :
L'ADISQ a suggéré dans son rapport que les mécanismes de surveillance qui sont
actuellement en vigueur ne permettent pas d'offrir un regard juste sur l'état de
conformité d'une titulaire de licence d'entreprise de programmation de radio
relativement à ses obligations réglementaires.
848 Qu'est‑ce que vous
pensez de cette affirmation de l'ADISQ?
849 M. O'FARRELL : Nous
pensons que le Conseil fait un travail très complet au niveau des rapports qui
sont demandés. D'ailleurs, il est à
supposer au cours des prochaines années quelle formule de *
relèvabilité + on va devoir
prendre pour s'ajuster aux nouvelles réalités.
850 Donc, je pense que ce
n'est pas une question d'en ajouter, c'est plutôt une question d'en faire le
streamlining et de le rendre plus précis.
851 CONSEILLÈRE NOËL :
Alors, je pense que je ne vous poserai pas ma deuxième question parce que je
vais avoir un "non."
852 Dans l'éventualité où
le Conseil décidait de les modifier, quels seraient les nouveaux critères ou les
nouveaux mécanismes de surveillance qui devaient être
implantés?
853 M. SMITH : Nous n'en
voyons aucun qui serait utile, Madame, au débat ou qui ajouterait une plus‑value
au paysage.
854 CONSEILLÈRE NOËL :
Maintenant, vous avez suggéré qu'on modifie... dans votre programme, si vous
voulez, de développement des talents canadiens, vous avez suggéré qu'on modifie
les bénéficiaires de contributions annuelles statutaires et les bénéficiaires
des contributions découlant des transactions.
855 Qu'est‑ce que c'est que
vous entendez par un Fonds RadioStar amélioré? Dans votre mémoire, vous parlez d'un
Fonds RadioStar amélioré. Il serait
meilleur en quoi?
856 M. O'FARRELL : Lorsque
vous posez la question, est‑ce que vous parlez et de RADIOSTAR et de STARMAKER
ou que de RADIOSTAR?
857 CONSEILLÈRE NOËL : Je
parle seulement de... on est du côté francophone pour le
moment.
858 M. O'FARRELL :
Merci. Alors, je vais passer la
parole à Pierre‑Louis ou à Susan si elle veut
rajouter.
859 Mais ce qu'on propose,
Madame la Conseillère, pour revenir à la réponse qui était peut‑être incomplète
tout à l'heure, c'est le fait que, en dirigeant la totalité des contributions
financières du secteur de la radio privée vers un fonds avec un conseil
d'administration qui en fait l'administration ou qui en délègue l'administration
de ces fonds à de tierces parties, dont MUSICACTION, et comme je vous
mentionnais tout à l'heure, où au Québec, il y a déjà une grande intégration
entre les activités de MUSICACTION et de Fonds RadioStar, on prétend que c'est
effectivement d'en faire un RADIOSTAR amélioré, parce que c'est plus
transparent, toutes les contributions rentrent au même endroit, et c'est sous la
gouverne d'un conseil d'administration.
860 CONSEILLÈRE NOËL : Quel
impact ça aurait sur MUSICACTION et sur les artistes que MUSICACTION
subventionne?
861 M. SMITH : Écoutez, ce
qu'on a expliqué dans notre mémoire, le gouvernement fédéral a mis en place un
programme qui s'appelle le VEM, le Volet des entrepreneurs en musique, qui prend
en considération un certain nombre d'entreprises, les principaux producteurs
indépendants qui se retrouvent maintenant sous le programme du
VEM.
862 Le gouvernement
fédéral...
863 CONSEILLÈRE NOËL : Ça
va dégager des sommes.
864 M. SMITH : ‑‑
voilà! ‑‑ maintient jusqu'en mars 2010 ses investissements au même niveau
dans MUSICACTION.
865 Mais il y a une partie
de la clientèle historique de MUSICACTION qui migre vers un programme du
gouvernement fédéral qui s'appelle le VEM et qui dégage, dès lors, des sommes
importantes pour tenir compte des besoins des entreprises, je dirais,
intermédiaires ou de plus petite taille et qui nous permet de concentrer notre
effort du côté des radiodiffuseurs à pérenniser Fonds RadioStar et assurer que
Fonds RadioStar ou l'artiste va être placer au coeur de la démarche, ce qui
découle de nos obligations en fonction de la Loi sur la
radiodiffusion.
866 CONSEILLÈRE NOËL :
Maintenant, si on parlait des initiatives locales, parce que dans le
développement des talents canadiens, ça prend souvent de la place les
initiatives locales.
867 Quel pourcentage global
des sommes que vous consacrez au développement de talents canadiens devrait
aller aux initiatives locales, d'après vous autres...
868 M. SMITH : La
proposition que nous avons mis sur la table...
869 CONSEILLÈRE NOËL :
...pour développer les artistes locaux, et caetera?
870 M. SMITH : ...passe par
l'entremise des fonds que nous voulons pérenniser, c'est‑à‑dire Fonds RadioStar
sur le marché francophone.
871 CONSEILLÈRE NOËL :
Alors, c'est ça. C'est Fonds
RadioStar qui déterminerait... tout serait canalisé via Fonds RadioStar, et
Fonds RadioStar, elle...
872 M. SMITH : À
l'exception, Madame la Conseillère, que les entreprises qui appliquent pour des
nouvelles licences et font des propositions individuelles. Dans la très, très vaste majorité des
cas, je pense, de mémoire, que plus de 80 pour cent des contributions proposées
qui deviennent condition de licence sont généralement orientées vers le marché
local où la station va être exploitée.
873 CONSEILLÈRE NOËL :
D'accord.
874 Maintenant, le
Ministère de la Culture et des Communications du Québec est d'avis qu'il faut
soutenir une production accrue de nouvelles et d'information locales, et ils
recommandent la mise en place, tant pour les radios commerciales que
communautaires, d'un fonds de soutien à la production de nouvelles et
d'information locales qui pourrait être alimenté à même une partie des droits de
licence de radiodiffusion versés en vertu de la Partie II.
875 Qu'est‑ce que vous
pensez de la proposition du Ministère de la Culture et des
Communications?
876 M. O'FARRELL : Nous
sommes heureux de voir que nous avons l'appui du gouvernement du Québec dans
notre démarche sur les frais de la Partie II, et d'ailleurs, sur la foi de
leur appui, on va chercher à partager nos frais d'honoraires avec le
gouvernement pour s'assurer qu'ils sont vraiment à la table avec
nous.
877 C'est un débat, pour
l'instant, qui est prématuré, Madame le Conseillère, en ce sens qu'on ne sait
pas où cette chose‑là, qui est présentement devant les tribunaux, va se
terminer.
878 Donc, je pense que
c'est une proposition, comme bien d'autres, sur l'utilisation éventuelle d'un
fonds qui pourrait être libéré, qui est présentement dirigé au fonds consolidé
du gouvernement fédéral.
879 Mais savoir quelle est
la valeur de cette hypothèse‑là ou de cette utilisation‑là par rapport à une
autre, je pense qu'on devrait attendre pour voir quelle sera la conclusion du
tribunal, et ensuite, on pourra faire les déterminations qui s'imposent, avec
l'aide du gouvernement du Québec au d'autres qui veulent bien nous aider dans
notre démarche.
880 CONSEILLÈRE NOËL :
Merci.
881 Maintenant, une
dernière question. Vous avez
indiqué que vous vous étiez engagé à travailler avec le Ministère du Patrimoine
canadien pour discuter de la possibilité de collaboration entre le fonds
STARMAKER et FACTOR.
882 Est‑ce que cet
engagement s'applique également à la possibilité de collaboration entre le Fonds
RadioStar et MUSICACTION?
883 M. O'FARRELL :
Absolument.
884 CONSEILLÈRE NOËL : Ce
sont mes questions, Monsieur le Président.
885 LE PRÉSIDENT :
Merci.
886 Monsieur
Arpin.
887 COMMISSAIRE ARPIN :
Merci, Monsieur le Président. Je
n'ai qu'une question.
888 Monsieur O'Farrell, en
réponse à une question de madame Noël, a dit qu'il y avait 50 formats musicaux
aux États‑Unis, 17 au Canada et cinq au Québec.
889 Avez‑vous une idée de
combien de formats distincts il y aurait en France?
890 M. O'FARRELL : Je ne
l'ai pas sous la main, mais...
Jacques, est‑ce qu'on a...
891 On n'a pas ces
informations sous la main, malheureusement, et ma mémoire fait
défaut.
892 M. PARISIEN : Peut‑être
que, Monsieur Arpin, vous l'avez, vous?
893 COMMISSAIRE ARPIN :
Non, je ne l'ai pas...
‑‑‑ Rires /
Laughter
894 COMMISSAIRE ARPIN :
...puis je cherche à l'obtenir depuis deux semaines.
895 M. PARISIEN : Alors,
Monsieur Arpin, ça nous fera plaisir de vous le déposer avant la fin de la
semaine.
896 COMMISSAIRE ARPIN :
Merci beaucoup. Ça fait deux
semaines que je cherche à l'obtenir.
‑‑‑ Rires /
Laughter
897 COMMISSAIRE ARPIN :
Merci.
898 LE PRÉSIDENT : Merci
bien.
899 Nous allons maintenant
arrêter pour le déjeuner. We will
take a lunch break now and resume at 2:00 p.m. Nous reprendrons à 14 h
00.
‑‑‑ Upon recessing at 1303 /
Suspension à 1303
‑‑‑‑ Upon resuming at 1400 /
Reprise à 1400
900 THE CHAIRPERSON: Order, please. A l'ordre, s'il vous
plaît.
901 On va continuer la
questionnement avec M. Arpin.
902 COMMISSIONER
ARPIN: My order of questions will
be related to the digital environment and I will end with some questions
pertaining to copyright.
903 Let me preface with
some remarks. Well, obviously we
need to have a better understanding of what happened between 1995 and today when
the Commission issued it's traditional digital radio policy by which the
Commission authorized the existing radio broadcasters to seek transitional
digital radio licences. So far 76
licences have been issued and, according to our own records, some 50 stations
went on‑air.
904 In the same
transitional radio policy, the Commission authorized licensees to
initiate various experiences such as up to 14 hours per week of original
programming and transmission of ancillary data.
905 Could someone in your
group tell us what are the results of, say, a decade long of experimentations
regarding DAB?
906 MR. O'FARRELL: Merci,
Monsieur Arpin.
907 To respond to your
question I'm going to ask Rael Merson to lead off and perhaps Wayne Stacey can
fill in and complete the answer.
908 So I will turn it over
to Rael.
909 MR. MERSON: I guess in retrospect, you know, we were
right. We needed a digital solution
10 years ago and 12 years ago.
What we didn't anticipate was that it was going to come in different
ways.
910 So where is digital
radio? It is all over the
place. It is internet radio, it is
satellite radio, it is podcasts. It
is soon going to be digital video broadcast to homes and to handhelds and all
over the place.
911 So somehow what we
didn't anticipate was exactly where the digital revolution was
going.
912 What was our
ambition? Our ambition really was
to try to find a way to duplicate in the digital world the tuning and the mass
audience that we had already sort of put together in the analog world. And somehow the digital world seems to
have evolved in a different way, with peer‑to‑peer file shares, and in a much
more ‑‑ I don't want to say "open", it a wrong word, in a much more
pluralistic kind of way.
913 So the question we ask
ourselves is: Where does that leave
us in terms of our digital radio ambitions at this
point?
914 We were chatting a
little bit this morning about how it is, where again to have to reorganize how
it is we build our content and develop our content to ensure that whatever
content we develop is in fact exploitable over the broadest possible range of
media, simply to amortize the cost of that content.
915 We know as we go
forward that probably the model for content in English radio will look a lot
more like the Québec radio market at this point in time, where we need to
differentiate our content much more with personalities, with social media and
the like.
916 So the question we ask
ourselves is: In that environment
does the L‑band and the investment that we have made on the L‑band still
apply?
917 I like to think of it
as radio in the future might well become ‑‑ I don't want to say a barker
channel, because it's the wrong word, but essentially a marketing tool for all
the other uses to which you will put your content, and the best shot that
Canadian radio has of developing that sort or barker environment is within the
L‑band.
918 So it is again to be
DAB, is it going to be digital audio broadcast the way we know it partly? It's probably not. It's probably going to be an
IP‑delivered service that is going to be made available to handheld devices of
some wort, whatever they happen to be, or sort of rich‑media, multi‑media‑type
devices, or sort of rich‑media, multi‑media type devices, and it will be our
attempt as a Canadian radio industry as it currently exists, to go back in and
build the critical mass in the digital world that we currently enjoy in the
analog world.
919 It means, again, that
we are going to have to sort of broadcast into all these media, wherever they
happen to be.
920 But somehow I
think: What have we done
right? We have done right by sort
of not over investing in the DAB space at this point. We have kept our powder dry to some
degree.
921 We are going to have to
step up as soon as we see how this IP multi‑media wireless world evolves and
find out how it is we can place ourselves within that
environment.
922 So I will hand it over
to Wayne.
923 MR. STACEY: Well, I guess there are a couple of
things about where the broadcasters have been and where they are
heading.
924 The first is that back
in 1995 and prior to that we had a vision of course that there could be a
transition and that analog radio itself could eventually
disappear.
925 I don't think that
vision has changed substantially, because in the long term all forms of radio
are going to move from analog to digital, it's just that the transition period
has taken quite a bit longer than we anticipated.
926 So what has evolved
since then ‑‑ and these are not just discussions within the CAB context,
but also in other bodies that we have created in Canada, such as the Digital
Radio Coordinating Group where we are addressing the technical questions, is
what avenue could we take that is most likely to produce the kind of digital
services that are going to be attractive to the public.
927 So what we are looking
at is perhaps a model that could include several different platforms that
broadcasters could move to relatively easily in terms of over‑the‑air services,
and that would include, as we suggested in our submission, the possibility of
using in‑band on channel services, particularly during a transitional phase and,
as Mr. Merson has said, perhaps relying to a greater extent on the L‑band
portion of this strategy in order to allow
diversity.
928 COMMISSIONER
ARPIN: But before going that
route ‑‑ I understand your submission very well, but I want only to, at
least at this stage, to look a bit backwards and look at what happened during
that timeframe.
929 The policy that the
Commission had put in place was allowing for some experiment to take place in
both transmitting ancillary data and doing up to 14 hours of different
programming than what you were supposed to simulcast. Have any of the organizations here
around the table done any of that type of different
programming?
930 Have you transmitted
for up to, say, the allotted 14 hours of other programming? What kind of programming was
it?
931 Obviously there have
been very few receivers ‑‑ I still have one.
‑‑‑ Laughter /
Rires
932 COMMISSIONER
ARPIN: And I know that the CBC is
on the air, I have checked once in a while, here in
Ottawa.
933 But other than being
capable of seeing if they are on the air ‑‑ I don't think currently anybody
does anything ‑‑ but over time during that timeframe of 1995 say to today,
has anyone done any experimental programming?
934 MR. BRAIDE: Generally speaking, Mr. Arpin, we
haven't as an industry.
935 I think one of the
reasons is that we approached the technology with some hesitation. In models in other countries, for
example Britain, DAB, whether it has been in the L‑band or another space, has
been more successful when it has been seen as an additional service as opposed
to a replacement technology.
936 Clearly the Commission
in its early directions suggested that if you had an AM and FM licence you got
two digital frequencies and that a 14‑hour differentiation per week would have
been permissible. Our sense now is
that we might have the ability to go a little bit farther in that
regard.
937 But basically I think
the answer is no, and that's why.
938 MR. O'FARRELL: But I think I can add just one quick
comment, Mr. Vice‑Chair, by suggesting that certain groups ‑‑ as an
industry‑wide experiment it is fair to say, as Rob has, there has been no
general effort. But there have been
individual efforts by certain groups.
I think you will hearing from CHUM in this process later and I'm sure
that their representatives will be able to fill you in in greater detail, for
instance, what they have done to perhaps bring more specific detail to the
response that I think you're looking for.
939 MR. MERSON: It has been a chicken and egg process in
the sense that sort of what we did was build the stations and build the
format and the market just didn't develop. In retrospect, the satellite radar
industry, the biggest impact the satellite radio industry might have on us is
the fact that they really have upset the business model in the sense
that they are subsidizing the rollout of receivers and the way they have
gone through that subsidy.
940 But to me, the subsidy
they receive from a business point of view is as important at the differentiated
content and the fact that we built out the system.
941 Certainly when you look
at the Americans, the progress of HD radio in the States ‑‑ and they are up
there and they are adding differentiated content onto their offerings, but until
they can find a way to convince the public to buy those receivers it is going to
be a long row to hoe.
942 COMMISSIONER
ARPIN: If I do understand your
submission right, you still believe in a digital world and you still are of
the view that radio broadcasting has to transform its service into a
digital format but there are numerous ways to achieve that. One of the ways that you have now been
contemplating is IBOC, but also keeping the assigned L‑band for still doing
some digital broadcasting but in a much broader sense and not necessarily in the
DAB mode.
943 MR. MERSON: That's exactly accurate. When you look at the developments in the
United States and you see what Crown Castle has done with accumulating spectrum
all across the United States, and you see what Qualicom has done to do the same
thing, what they are trying to do is lay the groundwork for building a
broadcasting system in ancillary bands to the cellular
spectrum.
944 Those are broadcast
plans. I mean, they are plans to
deliver television to mobile devices.
But, as we know, it's going to be that much easier to deliver audio
content to mobile devices as they go forward.
945 So whether it turns out
to be DAB that the broadcasters use for broadcasting in terms of the protocol in
the L‑band, or something a little different like DVB‑H or perhaps like some sort
of internet‑based protocol, it is the space that sort of we ultimately evolve to
as we evolve from the analog world into the digital world, but what that
technology is or what that broadcast protocol actually is hasn't
crystallized. Nobody yet has
developed a sort of critical mass in digital broadcasting
over‑the‑air.
946 COMMISSIONER
ARPIN: Do you see it as being the
role of the broadcasters to develop that, or is it the role of the telecom
industry?
947 MR. O'FARRELL: We maintain, Mr. Vice‑Chair, that
to serve the Broadcasting Act goals and the policy that this Commission
articulated initially in the digital broadcasting area, fast‑forward to
today's reality that private radio broadcasters are still the very best option,
in our view, subject to and qualified by the caveats that Mr. Merson has
put on the record here as to where this is going and the uncertainty that that
represents as to the future.
948 But we do believe that
private radio broadcasters are the best option for the system in terms of the
objectives of the system if there is going to be a rollout for DAB or digital
broadcasting.
949 We feel that it still
is with the private broadcasters that there is the best chance possible for the
system to find itself into that space in a way that would be consistent with
what was initially articulated, qualified by there are a lot of uncertainties
out there and in fact the record has shown that some of the expectations that
were initially shared didn't produce the outcomes that they were initially
expected to produce.
950 COMMISSIONER
ARPIN: As you know, spectrum
management is not the purview of the CRTC.
951 Have you initiated
discussions with Industry Canada with regard to the future use of
L‑band?
952 MR. O'FARRELL: The discussions we have had with
Industry Canada, the most recent discussions have not altered the course that we
were on. We still believe that
Industry Canada is disposed to hearing and working with broadcasters in a
solution that would satisfy this Commission, but also its expectations as well
as to the use of that spectrum.
953 But I would not want to
make further representations than to say our ongoing discourse has been to
confirm that course of conduct and we certainly would want to ensure that that
was the case.
954 If Wayne has something
specific to add, maybe I could ask Wayne Stacey,
Mr. Vice‑Chair.
955 MR. STACEY: As Mr. O'Farrell has said, there
really have been no discussions about different ways of utilizing the spectrum,
but within the allotment plan and the technical standards that have been
created, there is a fair degree of possibility there for different uses of that
particular spectrum. So we could
certainly see it being used fairly extensively by broadcasters if the
environment is modified to make it an attractive proposition and something that
has a good business case behind it.
956 COMMISSIONER
ARPIN: Now let's deal with
IBOC. Am I right to understand that
you are saying ‑‑ well, you want to have as open as possible the various
options that are available and you think that some of your members might be
interested in implementing IBOC over a short period of time, in both AM and
FM.
957 MR. MERSON: We are in the process of obtaining some
IBOC equipment in order to do a test under the auspices of the Digital Radio
Rollout Inc. For my sins, I serve
as President of it.
958 So we are committed to
testing it. It has the same
inherent limitation that digital audio broadcast has, which is that there is no
obvious plan for the rollout of new receivers. It is going to be a very long road to
hoe. It's something they are going
to have to figure out.
959 We know it provides an
ability to add differentiated content because they can add one
and perhaps two incremental channels to the existing ones they produce, but
we are sceptical about whether that is going to be sufficient to really drive
people to buy new receivers, particularly in the face of competing industries
like the satellite radio industry that really does subsidize the cost of the
rollout of that receiver.
960 But we are committed to
testing and we have allocated funds to it.
961 COMMISSIONER
ARPIN: I see.
962 What is the current
receiver situation, say in the United States? Are they implemented by the car
manufacturers or is it still an after market?
963 MR. MERSON: I'm going to ask Wayne to add to
whatever I have to say because I have a bit of a sketchy knowledge of
it.
964 But the rollout is
sporadic. They have announced a
couple of deals with car manufacturers to add the receivers into cars on an "as
requested", as a paid‑for‑by‑the‑consumer basis. But that is the extent of my
knowledge.
965 Wayne, maybe you could
add something.
966 MR. STACEY: We hear announcements periodically about
deals between car manufacturers and receiver manufacturers, but the problem
remains that they still have the same problem in the U.S. as we do here. It is difficult to find those receivers,
and they are fairly expensive once you do find them.
967 They are hopeful that
that will improve, but I guess time will tell whether or not that will be a
product that will be attractive to the marketplace.
968 COMMISSIONER
ARPIN: We have been made aware,
obviously through various stories or articles that are published, that there are
significant interference problems encountered in the U.S. with the roll‑out of
AM IBOC.
969 There have been
suggestions that the analog AM band shall be replanned.
970 One option being
discussed is a reduction of the analog bandwidth to better accommodate the
digital service.
971 Are you in favour of
such a review? And in your view,
what minimum analog bandwidth shall be retained in order to ensure an acceptable
analog service?
972 MR. MERSON: Just to confirm all of those, we
understand exactly the same thing:
that the analog interference is significant; that IBOC does not work as
well as a substitute or as an evolution point for the AM
band.
973 I don't think we have
had a discussion internally, so I couldn't represent that we have a consensus at
all on what a transitional policy to HD might be, except to say that it really
is not a fundamental part of our vision of the digital world for a radio going
future. If everything changes and
they are able to prove out the acceptability of FM and AM IBOC, I think we would
have to revisit our position.
974 But as of this point,
there is no consensus within the industry as adopting it as an industry
standard.
975 Again, Wayne, I don't
know if you want to add anything.
976 MR. STACEY: On the question of bandwidth, which was
your specific question, the reason you would reduce the bandwidth is primarily
to reduce interference that occurs at night when the signals travel long
distances.
977 What we are hoping to
do in the tests that we are going to be undertaking this year, probably in
Toronto, is to do a little bit of assessment along those lines and see whether
or not there can be a meaningful improvement if all stations were to reduce
their bandwidth.
978 The cost of doing that,
however, is the analog stations that are there today would have to reduce their
bandwidth as well, and that of course would reduce the quality, especially for
those that are still maintaining a music format.
979 So there are trade‑offs
here and these are part of what we would hope to assess as we move
ahead.
980 COMMISSIONER
ARPIN: And obviously to do it, you
will have to do it at the North American level. You cannot do it only for Canada or
cannot do it only for the U.S., I suspect.
981 MR. STACEY: Well, there have been some discussions
at the international level about how we accommodate digital broadcasting in the
AM band. The current agreements
that we have with all of the countries in the Americas do not really provide for
digital broadcasting.
982 We have been having
discussions with Industry Canada who in turn has had some discussions at the
international level about how these agreements might have to be
amended.
983 I think there will be a
process, because everybody recognizes we have to eventually move to
digital. But to do that, the
agreements are going to have to track.
984 Unfortunately,
international agreements take a good long time to work their way through the
system.
985 I could easily see it
being two, three, four years before you could get an agreement like that that
would apply, say, to Canada, Mexico and the United States.
986 COMMISSIONER
ARPIN: Are you contemplating DRM as
an alternative to HD radio, to IBOC?
987 MR. STACEY: It is one of the systems that we would
like to test in the AM band, yes.
988 COMMISSIONER
ARPIN: I see.
989 It is also my
understanding that DRM is currently being extended to the FM
band.
990 Are you contemplating
having some tests with DRM on the FM band?
991 MR. STACEY: As far as I am aware, there is no
equipment available at the present time.
So it is not part of the current test
plan.
992 But it could be an
addendum to the plan if equipment were to come available.
993 COMMISSIONER
ARPIN: I am now looking at the FM
band.
994 The conversion to IBOC
digital might allow for the broadcast of multicast
services.
995 In your view, what
quality trade‑off shall be considered?
996 For example, at a
minimum, shall the digital service maintain the same quality standard as the
analog service it replaces?
997 Is there any need to
set a quality standard for multicast services? If quality is set by the marketplace,
who makes the final decision, the provider of the service or the provider of the
multiplex?
998 MR. MAHEU: That is a very good question, Vice
Chair.
999 MR. O'FARRELL: I'm not sure if Wayne is prepared to
give you some comments on that, but we'll let him loose.
1000 COMMISSIONER
ARPIN: If you notice, my question
was written.
1001 MR. O'FARRELL: You wouldn't happen to have a written
response there, would you?
‑‑‑ Laughter /
Rires
1002 MR. STACEY: I guess the feeling in the long term is
that this has to be something that the industry agrees on as a whole. I don't think it would be something that
would be imposed.
1003 We obviously have to
deal in this world with technical standards. In this country those technical
standards are set by Industry Canada.
1004 The usual way we
proceed is when the industry perceives a need, it will make a recommendation to
Industry Canada. That will be
assessed. There will be some public
discussion and eventually the standards get set.
1005 Insofar as the fact
that you can make some choices in digital radio about trade‑offs between
reliability and quality and robustness of signal, these are all things that you
can have almost a family of standards, if you want, where you can choose certain
reliability and trade that off against quality, which in turn can be traded off
against quantity in terms of the number of signals that you can add to a
channel.
1006 I think at the end of
the day those are probably things that are best worked out through an industry
consensus.
1007 MR. MERSON: Perhaps I can add to that
too.
1008 It all depends to some
degree on what your vision of the future is. If your vision of the future is that
ultimately the world might evolve to an IP based standard and devices might
become that much more intelligent in the sense that they can get out there and
download the drivers necessary no matter what it is you broadcast, it really
says the broadcasters, or whomever is putting out the signal at that point, have
the ability to make that choice on a rational basis.
1009 To suggest that even
within our office we have any agreement about sort of what an appropriate level
of quality is would be not telling the truth. The engineers think anything below sort
of imperfect pitch is perfect and the sales people think as long as you can get
the advertising out, it's good enough.
And somewhere in between is a compromise that we will invariably
reach.
1010 But I do think it will
be one of the issues that technology will solve for us, because it will evolve
to a more intelligent software based receiving device that will allow you to
move between these kinds of standards on a fairly fluid
basis.
1011 I don't think you have
to choose at this point.
1012 COMMISSIONER
ARPIN: Still on the IBOC issue, I
suppose that you have read the CBC intervention in which they made comments
about both AM IBOC and FM IBOC.
1013 I don't know if you
have comments on the CBC concerns.
1014 MR. STACEY: I think we have found that what the CBC
has said in its submission is very much complementary to what the CAB has
said.
1015 I think certainly
public and private broadcasters have the same ambition to eventually transition
to digital radio.
1016 There might be some
subtle differences in how it is achieved, but I wouldn't say there are any
substantially large differences in the way we would approach
it.
1017 COMMISSIONER
ARPIN: Obviously the IBOC
technology is a proprietary system that belongs to
iBiquity.
1018 Is this an issue for
your members or do you have any suggestion as to how this issue will be
addressed?
1019 MR. MERSON: Clearly we would choose an open system
over a proprietorial system if we had the choice.
1020 To some degree, we are
going to be takers rather than givers.
We will have to follow how the U.S. evolves and what they do with
iBiquity and how it rolls out. It
might be a technology that gains so much critical mass that it is something that
we have to leap on board.
1021 But all other things
being equal, we would choose open systems over closed systems. And based on sort of our belief in how
the world will evolve, we feel the better position is to bide our time a little
bit and see how it evolves over the next year or two before really leaping
in.
1022 COMMISSIONER
ARPIN: And DRM is an open system
versus iBiquity, which is proprietary.
1023 MR. MERSON: Absolutely.
1024 COMMISSIONER
ARPIN: Mr. Merson, you have
addressed a few times how you want to use L‑band.
1025 Do you foresee any
problems ‑‑ again, in the various experiments that you are talking to, do
you foresee problems in getting your receivers?
1026 MR. MERSON: I think if the L‑band solution was to
broadcast in DAB, I think we would be faced with the same situation that we are
faced with currently.
1027 If it was DRM, I think
it might even be more difficult, just because it really hasn't gained that much
momentum at this point.
1028 If it is DVBH ‑‑
and the cell phone industry has proven its ability to turn its receivers over;
people sort of go out and re‑buy cell phones once every three years ‑‑ it
might be a more logical roll‑out to the extent that DVBH receivers are added to
ipods, for example, and you go through a natural replenishment, natural
replacement cycle, it might be a much more easy transition or easy growth for us
into that industry.
1029 So I think it depends
on the technology that is chosen and where you go.
1030 I think DAB, HD radio,
I think they face the same issues, which is a limited number of receivers out
there and no obvious subsidy, no obvious way to help the consumers out in terms
of the purchase of the equipment.
1031 But if it is matched
with another device, if it goes into normal replenishment cycle, I think we have
that much more chance of making a success out of
it.
1032 MR. BRAIDE: Mr. Arpin, we also have to remember that
it is a market‑driven situation and we are sleeping next to the 800‑pound
gorilla. We constantly have to
remind ourselves of that.
1033 If we decide to perhaps
go with multiple channels in the existing L‑band, increased signals and
diversified service, we still may have a hard time getting receivers into the
marketplace because of the IBOC situation in America, which has as yet to be
proven.
1034 COMMISSIONER
ARPIN: Mr. Merson just said ‑‑
and Mr. Stacey confirmed ‑‑ that even with HD radio, the issue of receivers
is still at the high level. There
is only an aftermarket situation.
Only some manufacturers may start to implement it in their cars. We have learned that the AB was to be
implemented in a series of up to 26 models of General Motor cars. We have seen one in an exhibition, in
the city across the river, not even on the street, in a
hall.
1035 So I think the issue of
receivers still applies to each and every of those
technologies.
1036 One that we didn't
mention here but surely was part of your submission is
DMB.
1037 I know that it is
currently contemplated to be implemented in some European countries, and it is
my understanding that they have started to implement DMB as well in the
U.K.
1038 Do you have any
comments regarding DMB?
1039 That one wasn't
mentioned at all.
1040 MR. MERSON: I would be lying if I told you that I
had an in‑depth knowledge of DMB.
1041 In our presentation
tomorrow, we have asked David Neil, who is Rogers Chief Technology Officer, to
come along and show some of the devices.
And he has a DMB device from Korea that is a multimedia capable
device.
1042 COMMISSIONER
ARPIN: All right. We are capable to wait until
tomorrow.
1043 We will now move to the
copyright section, if I may, of the discussion.
1044 In your submission you
have said:
"Radio plays an
important role in exposing, promoting and supporting Canadian music and Canadian
artists through airplay, the contribution of significant funding through CTD and
the payment of copyright fees."
1045 That is paragraph 296
of your presentation.
1046 How does the payment of
copyright royalty expose and/or promote Canadian music and
artists?
1047 MR. O'FARRELL: I think what we are trying to bring this
Commission's attention to is the fact that over the past number of years what
was a static line in the business plans and the radio realities of radio
operators has become very much less than a static line and a very dynamic and
very costly, expensive cost centre.
1048 As you know, the
numbers speak for themselves.
1049 Between 1995 and 2005
the copyright costs to radio stations have jumped by a fairly important margin,
going from $25 million in 1995 to $70 million in 2005.
1050 That is as a result of
a whole variety of new layering of costs and tariffs that have been added to
what was once the single tariff, being SOCAN.
1051 Our contention comes
from the perspective that there is a school of thought that you are familiar
with, Vice‑Chair Arpin, and others are as well, that suggests that copyright
payments are more than payments made by users for the right to use the music as
a commodity. It is indeed that and
more: that and more being a
cultural subsidy of sorts that is built into the copyright
payment.
1052 When you see the
escalating costs going from $25 million to $75 million and you know that the
role of music in the radio medium has not varied that much over that
period ‑‑ in fact, certain indications would suggest that the capacity of
music to actually generate revenue may be in decline.
1053 When you look at
daytime parts that are generating revenue for radio stations as opposed to day
time parts that are generating less revenue and then you look at the content in
those day time parts and you analyze where music is and where music isn't leads
you to the conclusion that the cultural subsidy element of the equation may in
fact be growing, at least in the appreciation of those individuals who are
making assessments on copyright matters at the Copyright
Board.
1054 And of course we
respect the jurisdictional difference between the CRTC's scope and the
jurisdiction of the Copyright Board.
1055 But because both these
agencies of the federal government directly relate to a core issue of the
business of radio, being music, and because the CRTC looks at the radio
component in the overall equation of radio as an industry, and we look at issues
like content exhibition, and we look at issues like Canadian Talent Development,
we thought we would draw your attention, as in fact your Public Notice also
indicated, that this was a matter that was deserving of some
concern.
1056 How does it actually
promote in terms of the actual causal relationship between the copyright
payments and the promotion is not a demonstration we can bring to you this
afternoon.
1057 What we do suggest,
though, is that in that cultural subsidy component that we believe has indeed
inflated over time as the cost of music, the use of music has gone up so
significantly, that it is something that this Commission should be considering
when looking at this industry's capacity and its obligation to the objectives
under the Broadcasting Act that you are required to enforce and to sanction as
it relates to music and contributions to music generally.
1058 I don't know if Ken
Goldstein, who is an expert that we retained at the CAB in our last SOCAN NRCC
proceeding, would like to add something to
that.
1059 MR. GOLDSTEIN: What he said was
right.
‑‑‑ Laughter /
Rires
1060 COMMISSIONER
ARPIN: Obviously it is not a shared
view by all the other intervenors that we are going to hear over the next couple
of days. I know that both CIRPA and
ADISQ, in the comments they made, surely held a very different point of view,
saying that copyright payments are a financial compensation for the use of the
works of the creators, the producers and the performers.
1061 That being said, I will
say that they are saying that it is a cost of using the
music.
1062 Do you have any comment
on the views of CIRPA and ADISQ?
1063 MR. O'FARRELL: Well, obviously, we have a difference of
opinion on that particular matter because we don't see it necessarily from
exactly the same perspective.
1064 With due deference to
the Copyright Board and the people who sit on the Copyright Board and who try
their best to make balanced determinations, we feel, quite frankly, that in the
broader picture we as an industry are looking at the subject of copyright as it
relates to the business of radio.
1065 Who wouldn't, when one
has seen a cost base grow from what it was in 1995 to what it is today, with
some degree of anxiety about the future is going to unfold when the last ten
years have seen that kind of exponential increase?
1066 So no, we don't share
that point of view, and our comments are frankly that radio since its very
inception has had a relationship with music that has been very much built around
the concept that there was a payment to be made for the use of
music.
1067 What we are finding
now, particularly as we turn our attention more and more to the digital domain
and the rights that will be ascribed to and the payments that will be required
of radio or other players in the digital era, including, if I may just by quick
reference, Mr. Chairman, go back to the discussion we had this morning on radio
or musical content on the internet, we still don't know what the cost to our
radio operators who are in that space will be to make use of that commodity and
own those platforms. It's a big
question mark still.
1068 It may be fundamentally
very prohibitive when measured against the prospect for revenue. We don't know that
yet.
1069 I guess where we take
all this discussion is to suggest to you that as you make your determinations on
the radio policy review for the future, we ask you to simply consider the fact
that as a radio industry dealing with music, that has seen its payments and the
copyright burden as a result of multiple rights be added to what was once a very
simple commodity‑based situation with one tariff, multiply, we would hope that
you would, as we turn our attention to a world that is unregulated more than
regulated in terms of our competitors, that that be part of your consideration
and that be taken into account for whatever forms of contributions the
Commission would expect the radio industry to be cable to make on a going
forward basis to the music industry.
1070 COMMISSIONER
ARPIN: Mr. Chairman, that ends my
questions.
1071 THE CHAIRPERSON: Thank you.
1072 Commissioner
Cugini.
1073 COMMISSIONER
CUGINI: Good
afternoon.
1074 I am going to be
talking to you today about your definition of emerging artists for the English
language market, its impact on Canadian content obviously, and then ask you to
comment on some suggestions made by other participants in these
proceedings.
1075 I have to admit to you
that I had to read your definition a couple of times to understand it, and I
still have some "how to" questions.
1076 So let's do the easy
part first.
1077 I get the 12 months
from the date they reach the Top 40.
1078 So if I'm looking at a
BDS list, for example, and the policy is effective today, does that mean that
every artist who is in the Top 40, your members will receive the credit until
May 15, 2007?
1079 MR. O'FARRELL: I am going to ask ‑‑ and I was
asked to give lots of advance warning before I was going to throw a question
this way. So I am going to give
lots of advance warning to Susan that this is a question for her to respond
to.
‑‑‑ Laughter /
Rires
1080 MR. O'FARRELL: But before I lob it over there, I do
think you are right.
1081 But I stand to be
corrected by Susan, who will now respond to the question.
1082 MS WHEELER: That is correct.
1083 COMMISSIONER
CUGINI: Irrespective of how long
they stay in the Top 40?
1084 In other words, they
are there. If they are there for
one week, you get the credit for a year?
1085 MS WHEELER: That is right.
1086 COMMISSIONER
CUGINI: The area I had the most
trouble with was the up until the 12 months from the date.
1087 So if I am looking at a
BDS list and I am looking at one which just happens to be the week of October
4th ‑‑ but I guess it could be any week ‑‑ does that mean that every
artist from No. 41 to 328, if radio stations play those songs, those Canadian
songs, they receive the credit?
1088 MS WHEELER: Are they in the Top
40?
1089 COMMISSIONER
CUGINI: Not in the Top 40. I'm referring to the part of your
definition that says "up until".
1090 MS WHEELER: Right. So they would receive the
credit.
1091 COMMISSIONER
CUGINI: Every artist from 41 to
whatever.
1092 MS WHEELER: On the All Formats
chart.
1093 COMMISSIONER
CUGINI: On the All Formats chart,
right.
1094 Irrespective of the
release date?
1095 MS WHEELER: Yes.
1096 COMMISSIONER
CUGINI: So based on your
definition, "Don't Forget Me When I'm Gone", by Glass Tiger, released in 1986,
would be considered an emerging artist?
1097 MS WHEELER: It has never reached the Top
40?
1098 COMMISSIONER
CUGINI: I don't
know.
1099 I'm asking based on
your definition.
1100 MR. BRAIDE: I think we are saying that is part of
the proviso, that they haven't reached the Top 40 before.
1101 Once they reach it,
they are disqualified. So Glass
Tiger wouldn't...
1102 COMMISSIONER
CUGINI: So they could be on this
list and there wouldn't get the credit if in the past they had reached the Top
40.
1103 MR. BRAIDE: They had reached the Top
40.
1104 MS WHEELER: That's right.
1105 COMMISSIONER
CUGINI: Now you know why I had to
read this thing a couple of times.
1106 Or become gold
certified for the first time is the other; okay.
1107 So unlike the
definition that will be applied to French language, you don't draw any
parameters around the release date.
1108 MS WHEELER: No. We arrived at the definition through
consultations with representatives from the music industry who expressed an
interest in seeing an incentive system for emerging artists. So we took a lot of their input into
crafting the definition. And it was
seeing that this would be the most straightforward and effective way to really
hone in on those emerging artists.
1109 COMMISSIONER
CUGINI: Okay.
1110 The other area I had a
problem with or didn't understand was the area of a solo artist who was part of
a group, or becomes a new group or performs part of a
trio.
1111 So let's take Chad
Kroeger, for example, lead singer of perhaps one of Canada's today's most
successful bands. He launches a
solo career.
1112 Do you consider him to
be a new artist for 48 months?
1113 MR. SMITH: That's on the French
side.
1114 COMMISSIONER
CUGINI: That's only applicable on
the French market, not for the English market at all.
1115 MR. SMITH: Correct.
1116 COMMISSIONER
CUGINI: All
right.
1117 You know that the
critics of your plan, of course, are not very happy with the fact that this will
ultimately reduce the level of Canadian content that will be broadcast, from 35
to 30 percent.
1118 Did you consider a
Smart 40 policy?
1119 I ask that in view of
the fact that some of our members in the most recent years were licensed to
operate radio stations that have a 40 or even 45 percent CanCon
level.
1120 Currently some radio
stations, in particular CFMY, programs at an average of 37 percent
CanCon.
1121 Did you consider a
Smart 40 policy?
1122 MR. O'FARRELL: Madam Commissioner, when we developed
this proposal, we considered many variations on the proposal before we landed
where we did.
1123 What brought us to land
on this proposal was, as Susan said, some consultation with the music industry
to try to figure out an approach that was a reasonably straightforward approach,
even though it raises a few questions until we all get used to it. Any novelty
will.
1124 But yes, we have
suggested that it should apply to the 35 percent level as opposed to any higher
or lower level, largely because we think that for an industry‑wide policy where
we are still on a "one size fits all" level across all markets, across all
stations, across large, small and very small operators, that this was the right
approach because of, frankly, two things.
1125 One, what we have
spoken about this morning and we continue to feel is a very important
consideration going forward, is that this is an open market where all forms of
other competitors that are unregulated have no rules at
all.
1126 Therefore, yes, this
would be a measure of flexibility to the system that would afford an opportunity
for commercial radio broadcasters to be somewhat more
competitive.
1127 But, moreover, the
second reason was we thought it was a creative and frankly reasonable response
to ensure that there would be more room on playlists for emerging Canadian
artists, albeit as defined under the proposal, that would ensure that a larger
number of Canadian emerging artists would have an opportunity to be placed on
commercial radio playlists and hopefully assist them in their commercial music
careers.
1128 So fundamentally we
thought that this proposal balanced those two objectives and spoke to what we
felt was the best measure going forward.
1129 COMMISSIONER
CUGINI: Do you feel that this
should be a change in our policy or should radio stations apply for this change
as a condition of licence?
1130 MR. O'FARRELL: Frankly, that's a good question. I don't know that we landed on one form
or the other.
1131 I think intuitively I
would say that we would suggest that it be part of the policy as opposed to a
COL approach. But there may be some
requirements for certain stations under the specific circumstances that would
require a change to their conditions of licence.
1132 I frankly haven't
thought it through as it relates to some of the circumstances that you were just
relating to.
1133 COMMISSIONER
CUGINI: So would those stations
operating at 40 and some at 45 percent CanCon apply this incentive bonus program
and therefore be at 30 percent CanCon if we apply it as a policy as opposed
to changes to their COLs?
1134 MR. O'FARRELL: At the end of the day, whether it is by
policy or by way of condition of licence, we think that it should be an
industry‑wide rule, absolutely.
1135 COMMISSIONER
CUGINI: All
right.
1136 Mr. Braide, this
morning you said unlike the quota system, programmers will be engaged in
actively seeking out and fostering new talent in a manner that responds to the
demands of their listeners and is conducive to their market and the supply of
Canadian music available for their format.
1137 Why is that not true
under a quota system?
1138 MR. BRAIDE: A quota system, first off, is hampered
by sort of the timing of the arrival of product. It continues to be a great issue for the
Canadian industry.
1139 It also has the
variation from format to format.
1140 If you look at the
availability of music leading up to Christmas time ‑‑ although it is not
necessarily always the case now.
Certainly back in the eighties and nineties record companies would
release a lot of product heading up to Christmas time, because they counted on
people going into the retail stores.
1141 We feel that a quota
system is somewhat counter‑productive and that the supply of material
fluctuates.
1142 The bonus system that
we are proposing allows us an ongoing flexibility to sometimes take more
advantage of the situation and at other times to take less advantage of the
situation, if that answers your question.
1143 COMMISSIONER
CUGINI: Well, it is the supply of
material that I would like to ask you about because, as we have just heard, the
only condition on this BDS list from the example that we talked about with Ms
Wheeler is that it had reached the Top 40.
1144 So why is supply of
material a problem in meeting a quota if a quota was
imposed?
1145 MR. BRAIDE: Because the supply fluctuates on a very
significant basis.
1146 COMMISSIONER
CUGINI: But wouldn't this list
fluctuate as well because it's based on whether or not it had reached the Top
40?
1147 MR. BRAIDE: Not necessarily. I'm not quite sure I follow your
logic.
1148 COMMISSIONER
CUGINI: It's just that some of the
songs that are 41 to 300 are eliminated because they would have reached the Top
40.
1149 MR. BRAIDE:
Precisely.
1150 COMMISSIONER
CUGINI:
Right.
1151 Well, that will change
according to this list.
Right?
1152 MR. BRAIDE: Yes.
1153 COMMISSIONER
CUGINI: Therefore, the supply of
what is available for the credit would change as well.
1154 MR. BRAIDE: Okay, I understand. I am referring more to new arrivals, new
releases. The supply of new
releases into the system is what I was referring to.
1155 COMMISSIONER
CUGINI: Then I guess my point is
your argument would have more logic for me if this was tied ‑‑ this being
the BDS list ‑‑ to release dates.
1156 MR. BRAIDE: I understand that.
1157 COMMISSIONER
CUGINI: So the key is, I guess,
landing on a definition of emerging artist that could work for either a quota
system or your incentive bonus plan.
1158 MR. BRAIDE: By all means. It has been a matter of huge discussion,
not only within CAB members but also in our discussions with industry
representatives. This is the place
we feel most comfortable.
1159 COMMISSIONER
CUGINI: Okay.
1160 A number of
participants in these proceedings have said that radio formats have begun to
merge. In fact, in one of the
appendices of your submission, "The Making of a Commercial Music Playlist", it
says that building a playlist is highly dependent on a station's
format.
1161 How would you respond
to those who might say that your incentive bonus plan is only encouraging radio
broadcasters to play tracks that may not necessarily fit their format just to
get the credit?
1162 MR. BRAIDE: I don't think that is the case at
all. I don't think that is the case
at all.
1163 I think what we are
trying to enter into here is an extension of the relationship that is sort of
defined by our access to the public airwaves.
1164 We make an agreement
with the Commission that in return for access to this precious resource, we
agree to foster and develop the Canadian music industry as a function of the
Broadcasting Act and the imperatives under which you and us both
function.
1165 I think what we are
saying is that we are willing to make a real step toward drilling down and to
finding new, exciting, developing emerging Canadian talent, and we will play
more of that, which increases our risk.
1166 The bottom line is we
have to attract listeners. If we
have an attractive radio signal, more people come to it, which gives more people
the opportunity to hear some of these new and developing
artists.
1167 So it is a trade‑off
situation we are suggesting.
1168 We feel the number 35
is correct. We feel the definition
of emergency artist is correct to put us in a situation where we can fulfil that
contract that we have with you as representatives of the Broadcasting
Act.
1169 We feel it is an
opportunity to take more risk but get a bonus such that we can continue to
maintain good listening levels, high listening levels, and as a result
profitability.
1170 COMMISSIONER
CUGINI: Just one final
question.
1171 In your written
submission you said that low power radio stations should be subject to the same
content rules and regulations as those applying to full power radio
stations.
1172 Does that include this
bonus incentive program?
1173 MR. O'FARRELL: If the Commission were to move in that
direction, that is an open question that I think would be deserving of
discussion. We had not contemplated
that in our proposal per se.
1174 Certainly if the
Commission were to extend it to private commercial broadcasters for that
category and were to extend the same conditions to lower power players, one
would expect that there would be a certain degree of rationale to also extend
the same bonus system to those low power players.
1175 But frankly we had not
given that specific consideration as you framed it.
1176 COMMISSIONER
CUGINI: Because your statement was
pretty decisive.
1177 MR. O'FARRELL: Yes, it was.
1178 It was designed,
frankly, to address ‑‑ and Pierre‑Louis might like to join me in answering
this question.
1179 It was designed to
address what we feel is a concern that has emerged as one of those unintended
consequences of the situation. It
simply takes on a certain practice where:
Is there a back door entry to commercial radio through lower
power?
1180 The point was we don't
think there should be. We think it
would be preferable to avoid that as opposed to fostering that, which is where
that statement comes from.
1181 How does it relate to
this particular proposal?
1182 I think it is an open
question.
1183 COMMISSIONER
CUGINI: All
right.
1184 Thank you, Mr.
Chair.
1185 THE CHAIRPERSON: Thank you.
1186 Commissioner
Pennefather.
1187 COMMISSIONER
PENNEFATHER: Thank you, Mr.
Chairman.
1188 Good afternoon,
everyone.
1189 We are going to go
through the proposal on Canadian Talent Development and then your proposals
regarding cultural diversity.
1190 On Canadian Talent
Development, I may take us back through some of the points that you discussed
earlier with Madame Noël. I think
it bears repetition, though, so that we have a good sense of the overall
approach.
1191 I looked at your
Executive Summary as a capsule of the proposal. So let's see if I have understood
it.
1192 Then we will drill down
a little bit on some of the details.
1193 As I understand it,
your proposal involves the three types of CTD: benefits, new licences and
renewals.
1194 Am I
correct?
1195 MR. O'FARRELL: That's correct.
1196 COMMISSIONER
PENNEFATHER: On the last, on the
renewal component which is currently managed under the 1995‑196 policy, wherein
the specific amounts per market are the bottom line and there is the mention of
third parties, which include FACTOR, Musique Action, national‑provincial music
organizations, performing arts groups, school and scholarship
recipients.
1197 As I understand your
proposal, all CTD funding would go to your new consolidated fund, unlike this
arrangement.
1198 MR. O'FARRELL: That is correct.
1199 COMMISSIONER
PENNEFATHER: That is
correct.
1200 Have you got an
estimate, looking at this perhaps a little on the negative side for the moment,
on the loss that would mean to the other third party organizations who would
have benefited from the CAB plan to date?
1201 MR. O'FARRELL: The simple answer to that is we don't
think that there is a loss to this.
We think there is an absolute upside or a gain to this which is to be
achieved by funding it through one funding source.
1202 As I was saying this
morning in French, but as you have invited me to do, I would be happy to try to
clarify that in English, our proposal is structured in a way that we would hope
leaves no doubt whatsoever in the Commission's mind as to where we would like
this to go.
1203 It is effectively a
proposal that would take all of private radio's CTD contributions and direct
them to Radio Starmaker Fund in the English marketplace or Fonds RadioStar in
the French marketplace.
1204 Both organizations were
approved as constituted by the CRTC with a governance formula and boards and how
boards are established and who can sit on the board and the sharing of seats
between industry representatives from music and radio and so
on.
1205 We believe that those
organizations, those independent directors, would be best suited then to ensure
that commercial radio music ultimately is served by the monies that would be
invested in programs that would be either administered internally by Starmaker
Fund or Fonds RadioStar, or that they would confer the administration of
programs to FACTOR or other organizations who are best capable of carrying out
the particular program mandate of a particular program.
1206 Hence, we don't think
that it's about taking money away.
We think it's about channelling and focusing.
1207 So your question as to
a calculation on how many losers would there be in this, I don't think that
there are losers. We think that in
fact more channelled, more directed funding is going to produce more winners,
and we think ultimately the winners are the audience that we want to maintain
service to that are commercial radio audience members across the
country.
1208 COMMISSIONER
PENNEFATHER: Okay,
Mr. O'Farrell, I follow you.
1209 If I continue, then,
I'm going to come back, though, and ask you just again to clarify for us a
little bit more in detail the financial impact on the other
organizations.
1210 The next component is
the benefits policy. Here you have
a change. You propose, again,
status quo at 6 per cent of benefits, but that instead of the 3, 2, 1 formula it
becomes 5 percent to the consolidated fund and 1 percent
discretionary.
1211 Is that
correct?
1212 MR. O'FARRELL: That's correct.
1213 COMMISSIONER
PENNEFATHER: So there was in that
formula a 2 percent FACTOR/Musicaction.
1214 Have you any sense of
the amount of money that then would be going to this consolidated fund instead
of FACTOR/Musicaction under that proposal?
1215 MR. O'FARRELL: In dollar terms?
1216 COMMISSIONER
PENNEFATHER: That is
correct.
1217 MR. O'FARRELL: I don't have the information right in
front of me, but I think Susan Wheeler does.
1218 MS WHEELER: In terms of the redirection of funds it
would be approximately $2.4 million.
1219 COMMISSIONER
PENNEFATHER: Finally, there is also
the voluntary contributions and that forms the
package.
1220 If we look at the
annual reports of the Starmaker Fund and FACTOR, just as a start ‑‑ let's
look at FACTOR and your annual report of 2005. I see here broadcaster contribution
significant benefits 3.678 million, and broadcaster contributions voluntary 1.7
let's say.
1221 So I wanted to be clear that
under your proposal that amount would no longer be directed to FACTOR but
would be directed to the consolidated fund.
1222 Is that
correct?
1223 MR. O'FARRELL: Which amount were you
specifically ‑‑
1224 COMMISSIONER
PENNEFATHER: I'm referring to
FACTOR's annual report.
1225 MR. O'FARRELL: All right.
1226 COMMISSIONER
PENNEFATHER: It has an amount of
broadcaster contributions from significant benefits of $3,678,000; broadcaster
contributions voluntary $1,696,984.
1227 So the proposal is that
that amount would end up in the consolidated fund.
1228 Is that
correct?
1229 MR. O'FARRELL: Yes.
1230 Go ahead,
Pierre‑Louis.
1231 MR. SMITH: Except for the contribution that comes
directly to FACTOR that flows from new licences that were approved by the
Commission.
1232 COMMISSIONER
PENNEFATHER: Except in your
proposal, further on into the bulk of the proposal, the new contributions is
included. As I said, the three
components.
1233 So could you
clarify? Are you saying the new
licences procedure is not part of the proposal? According to this, it
is.
1234 MR. SMITH: No. What it covers, it's the CAB/CTV plans
and also the benefits flowing from transferable ownership.
1235 COMMISSIONER
PENNEFATHER: And the voluntary
through new licences?
1236 MS WHEELER: Just to clarify, it would be the portion
of the voluntary contributions that are directed towards national funding
agencies that would then be put into the commercial funds.
1237 COMMISSIONER
PENNEFATHER:
Understood.
1238 So as per page 103,
paragraph 410:
"Through directed
to FACTOR and Musicaction through significant benefits and voluntary
contributions and new licence commitments." (As read)
1239 So basically the three
components of the system.
1240 I think you mentioned
earlier the governance point for the funds, the new consolidated
fund.
1241 Would the mandate
change? Again I'm looking at the
annual reports of the Radio Starmaker Fund and Fonds
RadioStar.
1242 Would the mandate of
the organization change?
1243 MR. O'FARRELL: Only to the extent that the Commission
found in our proposal the wording or the intent to be inadequate and requiring
focusing or completion, if you will, that would carry forward to the mandate of
both of those organizations.
1244 We don't think that
it's necessary, but there may well be room, in your view, to better target the
agency to meet the new expectations that flow from this proceeding as opposed to
the proceeding that gave them birth initially, which was the last radio review
proceeding.
1245 If there was room, if
there was room to enforce one key point ‑‑ that maybe we didn't make well
enough and maybe it needs to be reinforced yet again ‑‑ we believe that the
fundamental underpinning of wanting to do it this way is all about trying to
adapt what we have learned through the experience of Starmaker Fund and through
the experience of Fonds RadioStar, which we think is a fairly successful
record.
1246 We don't want to
suggest that it's the only record, but it's one that I think has had some
success so we would like to draw as much in the way of a lesson from that. It's one that goes to adapting funding
mechanisms to the new reality of how music is made.
1247 I think the new reality
is something that we all know intuitively, but experts who sit on that board, be
it Fonds RadioStar or Starmaker Fund, are even better able to understand. But it's an artist‑centred world. It's a world where artists no longer
depend on recording companies and label deals the way they once did in the
past.
1248 It's a world
where ‑‑ and I don't profess to be more of an expert on this than anybody
else, except that it's obvious when one reads the multiple stories and examples
of people like Joel Plaskett and others who are out there doing things on their
own with different approaches to how to commercialize their
music.
1249 There are people who
buy $3,500 software packages, record something in their home, send it to
producers, have CDs produced from that, commercialize them themselves, which
various approaches. It's simply no
longer an approach that should be so reliant on the former infrastructural
approach which seemed to dominate the former funding model as one that is more
artist‑centred.
1250 It's one also, Madam
Commissioner, where we try to recognize the fact that the revenues that the
artists are making, the Canadian artists that are out there, is no longer drawn
principally from record sales. It's
from touring. I think the number is
75 percent is from touring now.
If it's not exactly 75 percent, it's overwhelmingly greater than it
ever was before, but it also flows to the merchandising deals and a whole
variety of ways that they are commercializing themselves with various agents and
partners in that equation.
1251 That's why we think
that going forward to support Canadian artists that would have a chance to make
it on commercial radio, the best way to do it is put it through one fund with a
simplified mandate, allow that board ‑‑ or both those boards of both those
organizations to make the right decisions for the purposes of mandating ‑‑
not mandating, but carrying out that mandate.
1252 As we said earlier
today, and we stand by this, we would want to come back and report to you on the
success or, frankly, the failure of that approach or what we have learned three
years from today, which would be two years into the new
policy.
1253 COMMISSIONER
PENNEFATHER: I will get back
to that transition model. I was
going to end with that question just because I'm not 100 percent clear on
it.
1254 It's clear your
explanation for the rationale as you see it, and the rationale, as I understand
too from the written submission, is to support the future of the funds and
consolidation transparency accountability, and particularly in light of perhaps
decreasing benefit transfers, that those benefits would
decrease.
1255 But that being said,
it's clear that there will be an impact under your proposal on FACTOR and
Musicaction in terms of dollar amounts.
1256 Now, I think you
described on page 100 that the infrastructure fund, grassroots fund and a
commercial fund, the latter being your new proposal, the grassroots fund would
be then the work of FACTOR and Musicaction in your proposal, and I think in
l'ACR, on décrit ça comme un fonds plus public maintenant.
1257 This means your
proposal is FACTOR/Musicaction would rely totally on government
funding.
1258 Am I
correct?
1259 MR. O'FARRELL: No, that's not correct, Madam
Commissioner. I'm sorry if we
weren't clear on this.
1260 We are not suggesting
that FACTOR or Musicaction should be divested of funding going forward. We are suggesting that we would
like ‑‑
1261 COMMISSIONER
PENNEFATHER: Funding from
broadcaster, mr. O'Farrell?
1262 MR. O'FARRELL: Correct. Because we are suggesting that it would
be the board of both these organizations, Starmaker Fund and Fonds RadioStar, to
make the determinations as to where would the monies best be administered? How would the programs be best
administered and by whom? If it's
by ‑‑ let me go back to the Québec market for a
moment.
1263 The model that exists
and that has operated quite successfully in Québec is a very integrated model
between Musicaction and Fonds RadioStar.
It is one where basically it is almost totally integrated. I don't want to overstate it, but it's
highly integrated.
1264 We are not suggesting
that we want to undue what seems to be working there. We think that it is just smarter,
though, to channel it through the board of Fonds RadioStar to make the
determinations and to have the monies delegated to Musicaction that are
currently being administered by Musicaction, but though a channel that calls for
more accountability and transparency, and the same is true on the
Starmaker/FACTOR side of the equation.
That's all we are saying.
1265 And we believe that the
best people to make the determination, frankly, are the people who sit on both
of those boards that this Commission has approved as to where the funds for
those programs would be best administered and by whom.
1266 We are not prejudging
this. We are saying allow those
experts to make those calls.
1267 COMMISSIONER
PENNEFATHER: This is
what ‑‑
1268 MR. BRAIDE: If I could add briefly, Madam
Commissioner?
1269 It's important that the
Commission understand that we believe in a fully funded FACTOR, and it's worthy
of note that with the establishment of the MEC program heritage has not removed
those monies that those labels were previously accessing. FACTOR and Musicaction actually have
more funding currently than they did before the MEC, because again ‑‑ I'm
not sure of the exact number, but it strikes me as being $6 million on the
FACTOR side, I'm not sure what it is on the Musicaction side. That money stays in. So FACTOR's funding is actually
increased.
1270 We are enthusiastic
about a FACTOR which continues to be strong within that three‑layered funding of
the situation. As Rael said, the
ecosystem or the three legs of the milk stool, the MEC to look after the more
established independent record labels, FACTOR which goes out and finds La
Rèleve, like Musicaction, finds up and coming artists, develops new and
expanding talent, and then the commercial fund which allows us to help those
artists that have been discovered move to the next level and help them with
their marketing and their touring and those kinds of things which demonstrably
are making their careers happen at this point.
1271 COMMISSIONER
PENNEFATHER: I understand, but I
guess the key point to emphasize is that your proposal is that all the
resources, the funds go to the fund and then back. It would be up to the fund to send the
monies back to Musicaction and FACTOR according to guidelines which you would
set, "you" being the Radio Starmaker Fund.
1272 Is that
correct/
1273 MR. O'FARRELL: Approved by the
Commission.
1274 COMMISSIONER
PENNEFATHER: As approved by the
Commission.
1275 MR. O'FARRELL: Well, the function of the fund since its
inception ‑‑ correct me if I'm wrong ‑‑ has been approved by the
Commission both in mandate in terms of reference and all manners of
governance.
1276 Is that not
correct?
1277 MR. SMITH: Absolutely.
1278 Just to make it clear,
on the board of both Starmaker Fund and Fonds RadioStar there are both
representatives of the radio industry and the music industry who are sitting on
those two.
1279 COMMISSIONER
PENNEFATHER: So at licensing time,
if we take an example of a licence renewal, when it comes to a condition of
licence, how would you see the Commission writing up that condition of licence
which would assure not only that monies would go to the Radio Starmaker Fund or
Fonds RadioStar, but also further on to Musicaction and
FACTOR?
1280 MR. O'FARRELL: Well, we certainly would not want to tie
the Commission's hands in the way it would write any future conditions of
licence, but we would suggest that if the Commission were to accept the
legitimacy of the proposal that we are putting forward here today on the basis
of the need to restructure and refocus and redefine our approach to the way the
private radio industry brings financial contributions to the development and
support of music that is commercial audience friendly, hopefully that would also
include some indication from the Commission that in such future decisions it
would perhaps show some consistency.
1281 But that doesn't mean
to say that future circumstances would not warrant exceptional treatment or
exceptional redirections, if you will.
We are not suggesting that it goes any further than for the purpose of
the proposal as crafted in the submission before
you.
1282 COMMISSIONER
PENNEFATHER: Just to drill down a
little bit more on the amount of money, then, that the consolidated fund would
receive, I think I understand that it would be starting with a $3.5 million
for each of the first two years of the "new policy term".
1283 This is at paragraph
412.
1284 Where did you get the
$3.5 million?
1285 MR. SMITH: It's based on the forecasts based on
what has been committed through transfer of ownership and approved by the
Commission that are still flowing for the foreseeable ‑‑ the next three
years. So it's based on
that.
1286 We never took under
consideration money that's not committed yet. In other words, we know that there will
be other transfer of ownership. We
don't know the amount, but we know that there will be
some.
1287 MR. O'FARRELL: Well, let me correct. We don't know that there are going to be
other transfers of ownership, but should there be other transfers of
ownership ‑‑
‑‑‑ Laughter /
Rires
1288 MR. SMITH: Did I say the
opposite?
1289 MR. SMITH: In other words, the projections are
based on what has been already approved by the Commission.
1290 COMMISSIONER
PENNEFATHER: I guess, then, let me
clarify that I'm looking at the Starmaker Fund and the report again, and it says
in revenues, contributions from CAB $5 million, not $3.5
million.
1291 MR. SMITH: Correct. But the Starmaker Fund functions on a
capitalized fund basis.
1292 COMMISSIONER
PENNEFATHER: All right. No, I understand
that.
1293 MR. SMITH: So therefore there are resources that
are put in the fund.
1294 COMMISSIONER
PENNEFATHER: In other words,
what you are looking at are the expenses, not the revenues when you are
making your calculations, because the grants are $3.5 million in the annual
report.
1295 Is that
correct?
1296 MR. O'FARRELL: Yes, that is correct. And the reason for that is because we
thought that there was a certain legitimacy to our argument in suggesting that
we were stabilizing something if we were basing it on the track record of what
actually was doing out the door in the way of actual funding to funding
projects.
1297 COMMISSIONER
PENNEFATHER: Is that the same in
your analysis of the $2.4 million from FACTOR? Repatriation of $2.4 million from
FACTOR?
1298 Where did you get the
$2.4 million? I think, Ms
Wheeler, you mentioned it earlier.
1299 MS WHEELER: Yes. That is the
remaining ‑‑
1300 COMMISSIONER
PENNEFATHER: What is the source of
that?
1301 MS WHEELER: That would be remaining funds from
transfer of ownership transactions.
1302 COMMISSIONER
PENNEFATHER: What was your
reference point, though? Why did
you choose the number $2.4 million?
1303 MS WHEELER: That would be the amount remaining in
FACTOR at the beginning of the new policy, monies already committed and owing
to.
1304 COMMISSIONER
PENNEFATHER: But is based on an
analysis, let's say, of the previous 2003, 2004, 2005 amounts going to FACTOR in
the licence renewal process? Was it
based on a backward looking strategy?
1305 MS WHEELER: I's not monies in the licence renewal
process, it is only the transfer of ownership
funding.
1306 MR. SMITH: Approved by the
Commission.
1307 Basically what we have
done is that for the purpose of Starmaker and Fonds RadioStar, we are tracking
the Commission decision with respect to transfer of ownership, and therefore to
invoice the radio stations that have to pay transfer benefits and then after
that to redistribute the funding to both funds, Starmaker Fund and Fonds
RadioStar according to a formula.
1308 If the transaction
occurs on the English side it's 80 percent on the English side and 20 percent on
the French side, and so on and so forth, and based on those calculations that we
have forecast up until 2012, we could see also what is the 2 percent that
goes to FACTOR and to Musicaction for the remaining
period.
1309 COMMISSIONER
PENNEFATHER: So grosso modo
the 2 percent is the ‑‑ the 2 percent component is the
2.4.
1310 Then finally you have
on the voluntary contributions:
"An amount of
$820,000 per year has been historically directed to FACTOR and it would be
redirected to the new commercial funds."
(As read)
1311 Where did you get
$820,000?
1312 MS WHEELER: That's tracking that we have done to
date on the historic contributions to the national funding
agencies.
1313 COMMISSIONER
PENNEFATHER: Is it an average
then?
1314 MS WHEELER: Yes, it is.
1315 COMMISSIONER
PENNEFATHER: Because last year the
voluntary, as I said earlier, was 1.6.
1316 MS WHEELER: Was 775, yes. It is an average over five
years.
1317 COMMISSIONER
PENNEFATHER: Just back to a
question Madam Noël asked this morning.
If we look at the total picture, then, am I correct that the amount you
are looking at, that the combined funds we would be working with going forward
would be about $5.48 million?
1318 I'm quoting from
paragraph 416.
1319 MR. O'FARRELL: Combined for Radio Starmaker and for
Radiostar?
1320 COMMISSIONER
PENNEFATHER: It says Radio
Starmaker here.
1321 MR. O'FARRELL: Just Radio Starmaker,
yes.
1322 COMMISSIONER
PENNEFATHER: What would be the
amount for Fonds RadioStar? Because
I believe there is a little different calculation, it's based on a gel au niveau
de 1995. Est‑ce que j'ai bien
raison?
1323 M. SMITH : Non. The calculation for Fonds RadioStar is
on the average base of over $2 million.
1324 CONSEILLÈRE PENNEFATHER
: Pardon?
1325 MR. SMITH: Over $2 million.
1326 If we look at the
historical trend of all the transfers of ownership that have been approved, we
can track that over 43 per cent of the funding went to Fonds RadioStar and 57
per cent of the funding went to STARMARKER FUND. At the beginning, back in 1999, when we
established the idea of the radio marketing fund, the split was supposed to be
80‑20.
1327 We are, on a historical
level, at a split that is now 57 on the English side and 43 on the French side
and therefore the forecast for Fonds RadioStar is just about $2
million.
1328 COMMISSIONER
PENNEFATHER: I am referring to
paragraph 559:
* L'ACR
considère que le poids des arguments en faveur d'un gel des contributions au
niveau de 1995 est plus grand que celui des arguments en faveur d'une hausse de
celle‑ci. +
1329 M. SMITH : Gel des
contributions statutaires.
1330 CONSEILLÈRE PENNEFATHER
: C'est ça, O.K. C'est ça que je
voulais dire. Est‑ce que c'est ça
ou est‑ce que c'est un gel d'un autre chiffre plus réel?
1331 M. SMITH : Non, non,
non. On s'excuse, on a mal compris
la question.
1332 M. O'FARRELL : On a mal
compris la question.
Désolé.
1333 M. SMITH : On n'était
pas dégelé.
1334 CONSEILLÈRE PENNEFATHER
: C'est ça. Est‑ce que c'est le
gel, as you called it, the inordinate amount of CTD funding, or I think in
French it is called un montant en termes assez fols, les montants fols. Alors, je voulais savoir si on gèle le
montant fol ou le montant de base.
1335 Just in terms of
helping us understand, at paragraphs 387‑388 of your submission you have a
table, "Private radio commitments and contributions to CTD 1999‑2005," and I
think you have reproduced it here today in your
presentation.
1336 Could you provide us
with working papers or details of the calculations just to demonstrate where the
numbers come from?
1337 MR. O'FARRELL: Is that the $168 million
table?
1338 COMMISSIONER
PENNEFATHER: Yes, it
is.
1339 MR. O'FARRELL: Yes, we can provide that. Certainly.
1340 COMMISSIONER
PENNEFATHER: Thank
you.
1341 Okay, we have looked at
those numbers.
1342 Now, your proposal sets
an amount based on historic levels of the Fonds RadioStar and STARMAKER FUND and
historic levels of FACTOR/MUSICACTION, but there are other proposals that have
come forward from other participants in this process which would, for example,
take an approach of a percentage of revenues either of an individual station or
of a group or of the industry as a whole in any given
year.
1343 Why would you feel that
your approach is more appropriate in terms of the return to the music industry,
let us say, looking at it from the music industry's point of view than an
approach which would be based on a percentage of revenues?
1344 MR. O'FARRELL: Well, I know that a number of people on
the panel have some views on this, so I will start by saying a few things and
maybe Susan or Pierre‑Louis or Jacques wish to add as they may see
fit.
1345 Why do we come to this
proposal the way we do, Madam Commissioner, is fundamentally because we start
from the premise, again, that this is an open market and we are the only country
in the world where private radio in a closed market was required to make
financial contributions directly to support music.
1346 COMMISSIONER
PENNEFATHER: If I may interrupt
just a moment, I see this is the chart that you closed today. I was going to just tell Mr. Braide that
he did remind us that we are dealing with the guerrilla next door. So that may have some reason to do with
the way we approach it.
1347 MR. O'FARRELL: Well, there are guerrillas in many back
yards. Some are not necessarily the
ones that Mr. Braide was referring to here. But the fact of the matter is we are the
only country in the world where we are required as a private radio industry to
make financial contributions.
1348 Whatever the rationale
may have been, we don't contest that.
We are just saying it is deserving of some recognition and that was the
model that was selected as the right public policy model in a closed market
environment, one where this Commission had absolute, singular and exclusive
control over market entry. We now
know that that is no longer the case.
1349 So we say while we
don't want to suggest that we want to dismantle that, which is why we haven't
proposed wholesale regulatory change, we haven't come in with very aggressive
proposals, we are saying we believe in this first phase as we try to assess the
implications of all this new technology, that there are some things that we
should start transitioning and one of those things is with regard to how this
contribution is made to the sector.
1350 So we come at it,
frankly, from that perspective and then what we take is the next line and we say
how much has the last policy yielded, the 1998 policy, and by all accounts that
was a very successful policy in terms of the net dollars it produced for the
music sector in both English and in French in
Canada.
1351 It is a 1,170 per cent
increase from 1998 to 2005. In
Quebec alone, it is 1,330, and in Quebec we do not calculate the additional
layers of funding that come from not only the federal government, which we know
applies to the rest of Canada, but in addition to that, the Quebec government
that supports the music recording industry.
1352 So we are saying to go
forward from here what we would like to suggest is two
things.
1353 What can we possibly
look to that would be a benchmark as to how to take us through the first phase
of transition?
1354 We have looked at what
we call the record of STARMAKER and the record of Fonds RadioStar and we look at
the level of demand, the number of applications for funding that have come in,
and in both instances the funding requests, the number of funding requests
received and the number of funding requests approved has been extraordinarily
high.
1355 So we are suggesting
that if we could maintain that level and not drop it or at least match it or
perhaps even exceed it, with funding that is already in the system, by way of
the work of this policy that I was just referring to, which is still producing
contributions to the Canadian talent development initiatives, it would probably
be a good thing, particularly on the STARMAKER side where the STARMAKER board
adopted a capital funding model to allow for, as you can appreciate, the
perpetuation of the funds on a going‑forward basis as opposed to spending them
on a cash basis.
1356 So based on the
historical demand, based on the funding that is already built into the system,
the metaphor that we have used, and it is not a perfect metaphor, but the
monies, the resources that are in the pipe that are serving Canadian talent
development could continue to serve for at least two
years.
1357 I think our
calculations were fairly conservative.
It could well go beyond two years but we said at least if we can secure
those first two years of a new policy, would it not be the right time, perhaps
with a little bit of a clearer picture as to where things are going, to sit back
down with the Commission, with the music industry, but also indeed with the
public funding partners who contribute to this sector and see where things are
landed in terms of demand, in terms of success, in terms of failures, in terms
of the artist‑centred approach or not and make some assessment about going
forward, which is why these other proposals, frankly, in our view ‑‑ and we
say this respectfully ‑‑ they don't appear to take any of that into
account.
1358 They don't take into
account that from over a seven‑year period, what can be equated to nothing other
than a windfall of new contributions, financial contributions that come into the
music recording sector, which has been a good thing, how do we perpetuate
it?
1359 We say we can stabilize
it and hold it for at least another two years with the resources that have
already been committed, do some things, bring you a reporting, bring you an
accounting, bring you an accountability factor to it and make it an
artist‑centred approach and have a discussion two years out ‑‑ three years
from today but two years into the new policy as to what it all amounted to and
where it can take us from here.
1360 COMMISSIONER
PENNEFATHER: Have you discussed
this proposal with FACTOR and MUSICACTION?
1361 MR. O'FARRELL: Have we discussed our proposal? Absolutely.
1362 COMMISSIONER
PENNEFATHER: If we take your
transition proposal, my understanding is that it would not be the status quo but
rather the consolidation of the funds would occur pursuant to this process and I
believe you are saying that you would undertake then negotiations and report
back.
1363 Have I understood it
correctly?
1364 MR. O'FARRELL: Well, let me just be perfectly clear
because I want to be absolutely clear on this.
1365 First of all, we have
had discussions with many, many industry partners and players who navigate in
this space about our proposal. They
have ranged from discussions around how to work better together, including
discussions about what we don't agree on, and obviously this is perhaps one of
the points on which there is not agreement between ourselves and some of our
partners in this area.
1366 Going forward if this
Commission were to approve the proposal, yes, we ‑‑
1367 COMMISSIONER
PENNEFATHER: The proposal being the
consolidation of the funds?
1368 MR. O'FARRELL: The consolidation of the funds, yes,
exactly. Yes, it would be our
intent to absolutely sit down with the other players to see how we can make this
work in everybody's best interest and the most seamlessly possible, including, I
might add, and very respectful, I might add, of the role of both the federal and
provincial governments who are major funding partners in this initiative as
well, because I think the funding partners have to understand where things are
going and to the extent possible agree on the objectives that are being pursued
and to be as complementary and effective as possible in pursuing
them.
1369 COMMISSIONER
PENNEFATHER: If such a report went
forward, Mr. O'Farrell, and the Commission received this report and the
Commission felt that certain adjustments were required, would that mean another
policy process?
1370 MR. O'FARRELL: I don't think another policy process
would be necessarily required. I
think that if it were to focus and to fine‑tune some of the issues that may be
of some concern, we certainly would have ample, I think, goodwill on our side to
engage in a discussion with the Commission or Commission staff to resolve
whatever issues might be outstanding.
1371 We believe as long as
the essence of it is there, which is to make it transparent, to make it
accountable, to make it efficient and to make it effective, and that all of that
is based on the concept that we are making artist‑centred, those are the
principles. How we actually polish
them or fine‑tune them, we don't pretend to have the monopoly on good
ideas.
1372 COMMISSIONER
PENNEFATHER: The FACTOR and
MUSICACTION annual reports are public.
So there is, of course, as we stand now a certain ‑‑ I understand
your point about efficiency and so on but there certainly is transparency
there.
1373 MR. O'FARRELL: There is a level of transparency but I
think that what we are saying also is that it would be very helpful if there
were standardized approaches as to how reporting on these activities
occurred. So if it was apples to
apples, we knew what accounting procedures were used. It would just simplify all of our lives,
I believe, including the Commission and other funding partners such as
governments in this discussion.
1374 COMMISSIONER
PENNEFATHER: So bottom line, just
before we leave it and move on to my next topic, is, as you well know, whatever
way we get there, other intervenors in the process look at certain amounts that
they feel would be appropriate in terms of Canadian talent development funding,
amounts such as $17 million or $16 million.
1375 Under your proposal,
the amount of money per year available for CTD funding through the consolidated
funds as a process, as you have proposed, with the governance you have proposed,
what amount would be available for CTD funding?
1376 MR. O'FARRELL: The amount that we have proposed,
Madam ‑‑
1377 COMMISSIONER
PENNEFATHER: Five
million?
1378 MR. O'FARRELL: Pardon me?
1379 COMMISSIONER
PENNEFATHER: Five million? Is it $5.49
million?
1380 MR. O'FARRELL: Well, I just wanted to back up just for
a second to say that the amount that we have proposed is built into our overall
submission as to how the funding should go forward as a stabilized vehicle for
the next two years into the new policy.
1381 COMMISSIONER
PENNEFATHER:
And ‑‑
1382 MR. O'FARRELL: That's number one, if I just may
add.
1383 Number two is we have
made a full accounting, we think, a transparent demonstration of how we arrived
at those numbers. In other words,
we did not pluck numbers out of the air and put them on paper for
you.
1384 We tried to build them
in a way ‑‑ we may not have done as good a job as we would have like but we
have done as best a job we could to provide you with some of the background
calculations as to how we got to those numbers.
1385 COMMISSIONER
PENNEFATHER: And if you provide us
with a little bit more information on ‑‑
1386 MR. O'FARRELL: Under $168?
1387 COMMISSIONER
PENNEFATHER: ‑‑ how you got to the numbers.
1388 But also what I needed
to know from you today was the source of the $3.5 and the $2.4 and the $800,000,
so that, as I understand it, for the next two years, it is an amount of $5.4
million a year.
1389 MR. O'FARRELL: We will provide you additional details
on those numbers to satisfy the questions you have just
raised.
1390 And I think in addition
to what you also asked, which was the calculations on the chart which showed the
$168.5 million to CTD over the course of '99 to
2005.
1391 COMMISSIONER
PENNEFATHER: And I think what would
also be helpful for the Commission is how you would see ‑‑ you did mention
under the approval of the Commission but particularly, understanding that your
approach is to place the entire amount of funds in the hands of the consolidated
fund, for reasons which you have described quite thoroughly, on what basis would
the Commission be able to know what impact and, going forward, what amount of
money would be available for MUSICACTION and FACTOR going forward, in your
proposal? So what guarantees could
be provided, what formula could be provided, what
guidelines?
1392 You said that it is not
our intention and it is a mistake in assumption that we are removing money from
FACTOR/MUSICACTION in our proposal.
1393 Let us assume we go
forward with your proposal, what can you propose to the Commission which would
be a way to assure that we would know what funding was going forward to
FACTOR/MUSICACTION, if any?
1394 MR. O'FARRELL: Again, we would be happy to provide
that, with the caveat that we would not want to prejudge the decisions of both
of those boards that are made independently of the CAB and independently of
third parties who are sitting on behalf of organizations or
otherwise.
1395 COMMISSIONER
PENNEFATHER: Well, that is my point
exactly, it is a proposal which does move the governance of the CTD funding into
the hands of this fund. So it is a
significant change ‑‑
1396 MR. BRAIDE: Madam Commissioner, I think you would
get that information out of the annual reports of Fonds RadioStar and STARMAKER
FUND or whatever it would be. It
would be a transparent process.
1397 COMMISSIONER
PENNEFATHER: Exactly, somewhat
along the lines that are here.
1398 I am going to move very
quickly to cultural diversity and I am going to begin by saying that you are to
be commended for ‑‑ Ah! Sarah is getting her
microphone.
‑‑‑ Laughter /
Rires
1399 COMMISSIONER
PENNEFATHER: I am not
surprised.
1400 But you are to be
commended for your leadership in this area and for your proposals regarding
cultural diversity in radio.
1401 We have in Appendix D
and E the proposed best practices and the template for annual reports and I
think it is very complete.
1402 I just have a couple of
clarifications which ‑‑ if you wouldn't mind, just going through
that.
1403 First of all, backing
up a bit, how did you go about developing these best
practices?
1404 MS CRAWFORD: Thank you, Commissioner Pennefather, for
recognizing that we have taken a leadership role in
this.
1405 We are very
serious ‑‑ our CAB members are ‑‑ about advancing diversity among our
membership on our stations and it is for that reason that we were proactive in
undertaking the initiatives that we already have.
1406 We formed a diversity
working group within the CAB members to create a set of best practices that you
have referred to and also to look at other undertakings such as the renewal of
"The Betrayal Code" on behalf of both radio and television, which we might talk
about later.
1407 I am sorry, your
question in particular about the best practices?
1408 COMMISSIONER
PENNEFATHER: How did you go about
developing them?
1409 MS CRAWFORD: Oh! We ‑‑ our approach generally was
informed by extensive consultations that we private broadcasters have done with
numerous stakeholder groups.
1410 As you are well aware,
on the television side, private broadcasters had a task force for cultural
diversity and also a working group to increase the presence, participation and
portrayal of people with disabilities in
broadcasting.
1411 Through those
consultations on the television side we had outcomes and findings that informed
our approach to advance diversity within media overall. In other words, some of the findings,
may of the findings told us about what special and necessary components are
within the communications sector to advance diversity.
1412 So we took those
approaches and imported them into our work that we did on the radio group but,
of course, created our instruments to be very specific and
mindful ‑‑
1413 COMMISSIONER
PENNEFATHER: To
radio?
1414 MS CRAWFORD: ‑‑
of the fact that radio is, of course, a very unique and specific
medium.
1415 As well, we borrowed
from other best practices from existing corporate groups such as those of
CHUM. We know that they work in the
communications field. We know that
they work in the radio sector, speaking for CHUM, and we feel that ‑‑ we
are confident that these best practices do contain the components that will do
what it takes to advance diversity in radio.
1416 COMMISSIONER
PENNEFATHER: That was one of my
questions, the specificity of radio, and if you have undertaken to look at that
in particular, that answers our question there.
1417 Are you proposing that
adherence to the best practices and annual reporting to the CRTC be
mandatory?
1418 MS CRAWFORD: Well, I think there is a very useful
function that the regulator has performed in asking licensees on the television
side to hold themselves accountable to their public and to the regulator in
filing annual reports and that is one of the reasons that we have created the
reporting template for radio.
1419 We think that, again,
borrows from the approach on television in so far as it hits the major
ingredients that we found to be ones that work on the television side but also
that we know the Commission through its undertakings and consultations has found
to be effective and important in advancing diversity.
1420 COMMISSIONER
PENNEFATHER: So it could work
either through this policy or through a condition of licence for individual
radio stations?
1421 MS CRAWFORD: Well, we feel the self‑regulatory
protocol that is working very well right now for television would similarly work
very well for radio. The thing
that's important to understand in our motivation for doing this, voluntarily and
fairly aggressively I might add, is that we live or die by attracting as large
an audience as we can as radio broadcasters. If we do not remain relevant, if we do
not remain reflective and inclusive of our audiences, we lose a valuable
competitive advantage in this fragmented media world.
1422 We know that we have
to, and we will and we want to, fully become as diverse as we possibly can to
reflect all of our audiences and we are highly motivated to do
so.
1423 COMMISSIONER
PENNEFATHER: In your Best Practice
No. 4, "Recruitment Hiring Retention" as an example, as you know some
intervenors have commented on the importance of research.
1424 Do you intend to
include research to prepare appropriate benchmarks to measure
success?
1425 MS CRAWFORD: Well, we think that each licensee in
their reporting and setting out their own corporate goals and objectives, and
station goals and objectives, would have to know about their respective market
and it's respective diversity and then reflect and include that as appropriate
to that station or station group.
1426 We feel that we have
done a tremendous amount of research, as I mentioned earlier, that informs our
approach and tells us, not only through experiences in Canada but experiences
with not only media internationally but other companies internationally, what
the best approaches are and tools and initiatives to really advance
diversity.
1427 COMMISSIONER
PENNEFATHER: So you have done this
research? You have done this
research?
1428 MS CRAWFORD: We feel the research we have done which
has been extensive and unprecedented ‑‑
1429 COMMISSIONER
PENNEFATHER: And it is been shared
amongst the various broadcasters?
1430 MS CRAWFORD: Well, I'm talking about the
research that was made public as part of the task force and also as part of the
people With disabilities process.
1431 COMMISSIONER
PENNEFATHER: But specific to this
radio exercise, would you do research?
1432 MS CRAWFORD: You know, frankly, we feel that we know
we need to advance diversity. We
know there's work to be done. We
don't want to hold up the process by undertaking research further to what we
have that's going to tell us what we already
know.
1433 Do we feel that we have
the tools that are the ones to get the job done? Do we have the buy‑in? Do we have the commitment? Do we have the transparency? Yes, we believe that we
do.
1434 COMMISSIONER
PENNEFATHER: All right. Thank you very
much.
1435 Thank you,
Mr. Chairman.
1436 THE CHAIRPERSON: Monsieur Arpin.
1437 COMMISSIONER
ARPIN: Mr. O'Farrell, could I bring
you back on CTD? I have a few
questions.
1438 I am referring you back
to the table that you showed us this morning to the second footnote, which
reads:
"Unassigned
copyright payments target to support independent music recording". (As read)
1439 If there are unassigned
royalties in France ‑‑ I think I could suggest that there is probably
unassigned royalties here in Canada.
Have you ever discussed with the collectives and with the various
interested parties if it could be used to support the development of the
Canadian industry?
1440 MR. O'FARRELL: Whether there have been discussions on
that historically, I do not believe there have. To my knowledge there have not been, but
I may be wrong.
1441 I would, however, based
on the suggestion you are making, want to certainly encourage that we take those
steps and I would want to be consulting our copyright committee on point to see
how we could possibly encourage that kind of a discussion to take place, because
it might in fact be very useful.
1442 But as far as I know,
Mr. Vice‑Chair, I don't believe those discussions have
occurred.
1443 COMMISSIONER
ARPIN: We will now need your
comment on ‑‑ as you know, there have been submissions by music industry
organizations that they are asking the CRTC to clarify to whom belongs the money
that goes to Starmaker and Radiostar funds. There seems to be a debate about
it. Some have been saying that the
money belongs to the broadcasters and the other, the music industry
organizations say that it's their money.
1444 Do you have any
comments on that?
1445 MR. O'FARRELL: Do you want the long version or the
short version?
‑‑‑ Laughter /
Rires
1446 COMMISSIONER
ARPIN: I need the appropriate
version for that, at least for the record.
‑‑‑ Laughter /
Rires
1447 MR. O'FARRELL: We feel that those contributions that
emanate from the private radio industry are indeed contributions that are made
possible through the success of commercial radio broadcaster operations and that
are required to be contributed to public policy goals set by the Commission, but
ultimately they are set through this process and ultimately the Commission
directs the private industry to make those contributions for the purpose of
those goals.
1448 COMMISSIONER
ARPIN: My final question to you,
Mr. O'Farrell, is: The Heritage
Canada funding to FACTOR is tied to the private broadcaster contribution. What will the impact be on FACTOR of
your plan to finance FACTOR through the money to be allocated by
Starmaker?
1449 Will that create a
problem with Heritage?
1450 MR. O'FARRELL: We think that's a premature topic of
concern.
1451 I think Commissioner
Pennefather asked the question earlier which was how would be intend to go about
implementing this? We obviously
would want to settle any possible any wrinkles or difficulties that there may be
to the extent that we can, but we would engage in those discussions with a view
to addressing any of the concerns that may arise, including the one that you
have just mentioned.
1452 COMMISSIONER
arpin: Thank you very much, Mr.
Chairman.
1453 THE CHAIRPERSON: Gentlemen, two final areas,
hopefully briefly. One is your
small markets.
1454 At paragraph 162
you refer to the four areas of flexibility that you would like to see: reporting
requirements, licence renewal procedures, local sales operations, and transition
into digital and you don't elaborate.
1455 Do you have elaboration
at this point? Can you elaborate on
these? I don't believe I saw
elaborations on these four areas of flexibility that you were seeking for small
markets.
1456 MR. O'FARRELL: I will ask Pierre‑Louis and Susan to
take you through that question, and maybe Mr. Hildebrand would like to add
some comments as well.
1457 MR. SMITH: Thank you,
Glen.
1458 In fact, we had
internal discussions with our members that evolved in small markets across
the country and among the discussions those are the four areas where the
broadcasters were saying that there should be more flexibility coming from the
Commission, but we haven't fleshed out the yet those
elements.
1459 THE CHAIRPERSON: If that's the state of the record,
that's fine. I don't know whether
you want to add anything, Mr. Hildebrand?
1460 Then the issue of
market entry test which, as you know, the Commission previously had set it out
in a '91 policy notice and then changed it in the commercial radio policy. You are recommending that we go back to
the market entry test and I had a few questions on that.
1461 First of all, you
suggest that we should make data available on small, medium and large
markets. I wasn't quite sure, in
some of your statements small was below 100,000 and then I think you came a view
that small should be defined as markets with fewer than 250,000, but I'm trying
to reconcile what you mean by small, medium and large.
1462 I'm referring to
paragraph 186 of your brief.
1463 MR. SMITH: A small market is defined, at least for
the English side, as less than a 250,000
population.
1464 On the French side,
given the fact there are, I believe, two or three markets that are under 250,000
and more than 100,000, I believe that small market would remain under 100,000
population.
1465 THE CHAIRPERSON: So what is medium, then, for the
English‑language market, in your view?
1466 I'm just trying to get
the ‑‑
1467 MR. SMITH: That's a good
question.
‑‑‑ Laughter /
Rires
1468 THE CHAIRPERSON: Your own proposal.
1469 MR. O'FARRELL: It's somewhere between the small and the
large.
‑‑‑ Laughter /
Rires
1470 THE CHAIRPERSON: I have that sense.
1471 You can think about it
after the break if you like.
‑‑‑ Laughter /
Rires
1472 THE CHAIRPERSON: The other thing is, in the test itself
which you set out further on in those paragraphs, in the Commission's previous
test in '91, a five‑year period was used, you are recommending that a
three‑year period be used.
1473 Is that
correct?
1474 MR. SMITH: That's correct.
1475 THE CHAIRPERSON: Is there any reason why you have reduced
to three over five?
1476 MR. SMITH: Again, in the discussion that we had
within the CAB, talking to our members who were involved in both applying for
new licenses and those who are incumbents in the market, we felt that three
years was a reasonable time period, but shows the importance of having some kind
of a measure established, historical measure based on at least
three years.
1477 THE CHAIRPERSON: All right. I see.
1478 Don't let me press you
beyond your state‑of‑the‑art or census is here, but I'm trying to flesh it out,
to understand it, because when we license radio stations now ‑‑ you can
almost describe it a grid comparing the offerings of the applicants Canadian
content CTD, local news programming, and so on, which you can almost place on a
grid, and then the only other issues becomes: Can the market absorb it? And we use a variety of tests, which
since '98 we have opened up to whatever evidence parties which to discuss and
intervenors bat it back and forth and we make that
assessment.
1479 Now, the old test, as
you know, group profitability, individual profitability and revenue growth was a
pretty low threshold. It was
basically, you know, group profitability, if it wasn't negative then the market
might be okay. That's a fairly low
threshold.
1480 Similarly in revenue
growth, if there was no positive growth within the previous five years the
market will have failed the test, otherwise it becomes open
again.
1481 So I'm wondering
whether you have given any more thought to these all three tests were really
pretty well low threshold tests and they were really, I suppose, meant to break
the circuit. If those tests failed
to be reached, the market test would fail, but it didn't provide much
guidance going forward on what success would be and what the criteria would be
there.
1482 So again, I don't know
how far your thinking had been, but these are the questions that came to
mind when I looked at what you were putting forward.
1483 MR. SMITH: Well, we haven't fleshed out in the
submission too much about this.
1484 Maybe Ken would like to
add a few comments on this idea.
1485 Basically what's
important is to have financial information widely
available.
1486 THE CHAIRPERSON: Mr. Goldstein can address that,
too.
1487 When you subdivide
these categories, which previously weren't subdivided, into small, medium and
large markets, are looking at different tests apply to
each?
1488 Again, I'm sure your
thought hasn't gone that far, but these are some of the questions that arise
when you put that forward.
1489 Mr. Goldstein, you
can ‑‑
1490 MR. O'FARRELL: Just before Ken adds, I think that the
preoccupation that was motivating much of this is that we feel that the small
markets are the most vulnerable in the radio chain. They are most vulnerable to competition,
they are most vulnerable to over‑licensing, and they are most vulnerable to,
effectively, the unregulated media that are going to be or are already
available. So we were trying to
address what we felt was perhaps the most vulnerable area of the economic
equation of radio markets.
1491
Ken?
1492
MR. GOLDSTEIN: One of
the other documents filed as part of the CAB submission of course is the
analysis we did by market size and I would be remiss if I didn't take this
opportunity, through you, to thank your staff for the help they gave us on doing
that report, because that was a lot of work for everybody to break down the data
by market size. So that is another
thank you from me to them through you.
1493 THE CHAIRPERSON: Your Part A licence fees at
work.
‑‑‑ Laughter /
Rires
1494 MR. GOLDSTEIN: On that subject I have no
comment.
‑‑‑ Laughter /
Rires
1495 MR. GOLDSTEIN: I think that what we have
now ‑‑ I mean I remember the old market criteria and there was also once a
policy of course of having analyses done in certain cases, independent analyses
which lasted for a while and then was not followed up on.
1496 Now, I think we should
be informed by the data by market size generally, but I think obviously the
Commission is going to do a case‑by‑case analysis based on a given market, a
given set of applications, a given set of
incumbents.
1497 What would be very
useful in this process is to have on the public record as full a record as
possible, understanding the needs to maintain confidentiality, so that if we are
going into a market A ‑‑ market A of a certain size, certain
number of stations ‑‑ we don't only have the data in that proceeding, but
we have the data for all the other markets of the same size available at the
same time and we can then say, "Okay, well wait a minute. There are eight other markets across the
country that are comparable. What
can we learn from them as opposed to only looking at the one that is immediately
before us?"
1498 MR. MERSON: Perhaps I can just add a quick point,
Mr. Chair.
1499 THE CHAIRPERSON: Mr. Merson...?
1500 MR. MERSON: That is just to sort of convey the
discussions that I think the membership held on the point.
1501 The point wasn't to
speak to the desirability or the lack of desirability of a licensing policy
or how the licensing policy might actually work or what the criteria might
actually be, but simply to convey the notion that we thought we could use a
little bit more ‑‑ I don't want to say order to the process, but a little
bit more certainly to the process and how the process might actually work. That was the sole objective, was to be
constructive and not obstructionist.
1502 THE CHAIRPERSON: Oh no, I don't think you have been
obstructionist, but I'm not sure you have contributed much more to
certainty.
‑‑‑ Laughter /
Rires
1503 MR. MERSON: Except to say that we would like
it.
1504 THE CHAIRPERSON: Mr. Hildebrand...?
1505 MR. HILDEBRAND: I would just like to make a comment on
licensing.
1506 By the criteria that
you just heard, many communities in the prairies they are all small
markets. There are no large markets
there. If we are looking at, just
as an example, in Saskatchewan, which is under a million people, we have over 24
radio stations serving those people already. The population of Saskatchewan is
declining so the province may be a small market one day.
‑‑‑ Laughter /
Rires
1507 MR. HILDEBRAND: If we look at Calgary, which is going
the other way, by that same standard then, Calgary should have twice the radio
stations as it has now, so hence Calgary is growing.
1508 So I think the
Commission needs to look at the markets on a case‑by‑case basis to see where
there is already enough service and where more
is needed.
1509 THE CHAIRPERSON: Thank you
very much.
1510
Counsel?
1511 MS MURPHY: Thank you, Mr. Chair. I have two points to
address.
1512 The first is in
response to questions by Commissioner Noël and questions from Commissioner
Pennefather.
1513 You have undertaken to
further elaborate on your views and/or provide additional information. Given that this information and your
views will be relevant to parties making submissions in their final argument, I
wish to confirm that this information will be filed by May
29th.
1514 MR. O'FARRELL: Confirmed.
1515 MS MURPHY: Thank you.
1516 Second, to follow up on
questions by Commissioner Cugini, with respect to the definition of emerging
Canadian artists in English markets you have indicated that the part of the
definition that relates to artists that are members of a duo that then become
single artists and vice versa only applied to the French
market.
1517 I note that on
page 94 of your submission, footnote 75 would seem to indicate that
that part of the definition does in fact relate to the English
market.
1518 Given that this is not
consistent with your response, I am asking whether you are willing or whether
you could revise this definition and provide us with a corrected version, again
by May 29th.
1519 MR. O'FARRELL: Madam counsel, if that is the only
inconsistency today, it's our pleasure.
‑‑‑ Laughter /
Rires
1520 MS MURPHY: The only one noted
so far.
1521 Thank you very
much.
1522 MR. O'FARRELL: Thank you.
1523 THE CHAIRPERSON: Thank you very much, Mr. O'Farrell,
ladies and gentlemen. That
concludes our questioning of this panel.
1524 We will now take a
break and resume in 15 minutes.
Nous reprendons dans 15 minutes, at 4:15.
‑‑‑ Upon recessing at 1600 /
Suspension à 1600
‑‑‑ Upon resuming at 1620 /
Reprise à 1620
1525 THE CHAIRPERSON: Order,
please. À l'ordre, s'il vous
plait.
1526 To give participants in
the hearing some indication of our timing, we will sit until about 7:30 tonight
with a break at 6:00 briefly. We
will resume tomorrow morning at 9:00 a.m., although we don't want to make a
habit of doing that.
‑‑‑ Laughter /
Rires
1527 Madam Secretary, would
you call the next item please?
1528 THE SECRETARY: Thank
you, Mr. Chairman. I would now
invite the Canadian Independent Record Production Association to make their
presentation. Ms Cori Ferguson and
Pegi Cecconi will be appearing for the participant. You will then have 15 minutes for your
presentation. Please go
ahead.
PRESENTATION /
PRÉSENTATION
1529 MS FERGUSON: Thank
you. It appears I was a little
optimistic with my written remarks, so I will be changing good morning Chair and
commissioners to good afternoon Chair and commissioners. My name is Cori Ferguson, I am the new
President of the Canadian Independent Record Production Association. With me today is Ms Pegi Cecconi, a
CIRPA board member and Vice‑President of Anthem Entertainment Group and SRO
Management.
1530 Established in the
early 1970s Anthem is one of the most important and successful independent music
companies in Canada and is home to Canadian artists Rush, Molly Johnson and
Stabilo. We appreciate your
invitation to appear at these hearings and are pleased to be here
today.
1531 For those of you who
may not be completely familiar with us, CIRPA is the national trade organization
representing the interests of the English language Canadian‑owned companies in
the sound recording sector. Our
members are directly involved in the day to day careers of such established
Canadian artists as Bruce Cockburn, Sarah McLaughlin, Sum 41, Cowboy Junkies,
Gordon Lightfoot and Rush. They
also represent some of the hottest emerging Canadian talent, including Broken
Social Scene, Feist, Sophie Milman, Matt Mayes & El Torpedo, Alexis on Fire,
Corb Lund and Metric.
1532 As you are aware from
our submission, CIRPA presents arguments in many of the areas the Commission
wishes to address in this hearing, all of which we consider important, but we
will limit our remarks today to highlighting the critical points we wish to
stress.
1533 On the matter of
Canadian content we believe CIPRA's proposals positively address both the level
of Canadian content airplay and the diversity of artists listeners are exposed
to, including new and emerging Canadian talent.
1534 As you know,
Canadian‑owned record labels are heavily involved in the development of the
Canadian artists and therefore have a direct interest in whether or not their
recordings reach Canadians via the public airwaves.
1535 We see from
international sales, chart positions and media coverage that Canadian artists
are experiencing a global resurgence.
We believe these same artists deserve greater presence on the airwaves at
home as well. CIRPA proposes that
the level of Canadian content be raised to 45 per cent for all categories of
music. Many recently licensed
category 2 stations are all already required to pay 40 per cent Canadian content
and meet that percentage. It should
not be a hardship for stations to reach a 45 per cent Canadian content
target. As noted in our
submissions, the number of Canadian tracks released each year exceeds 20,000 and
most stations currently add less than 60 Canadian tracks per
year.
1536 There is a plethora of
Canadian music for stations to choose from. We believe this to also be true for
specialty music stations playing classical and jazz
genres.
1537 With 36 years of
catalogue development the Canadian market place now produces more than enough
quality music in all genres to reach a 45 per cent target. However as most, if not all, submissions
filed by music industry groups including CIRPA have noted, simply raising the
level of Canadian content will not likely result in much change to the breadth
of Canadian radio play lists.
1538 Currently, there is
little difference in play list diversity between radio stations licensed at 40
per cent and those licensed at 35 per cent. Those licensed at 40 per cent tend
simply to play the same artists and songs more often. Radio airplay is clearly very important
to artists' development. To capture
the public's attention most independent record companies and artists releasing
their own material in this country cannot afford to compete with the marketing
budgets of the major foreign‑owned record labels, never mind those selling other
consumer entertainment products, such as DVDs and video
games.
1539 Without radio airplay
it is difficult to establish new artists and develop their careers and yet radio
play lists are dominated by the same artists and the same songs often across
multiple formats, very few of them are from
independents.
1540 Artists signed to
independent record labels or releasing their own material deserve a fighting
chance to reach the Canadian public via the airwaves as well. It is in the second part of CIRPA's
Canadian content proposal that we see the greatest potential to expand the
diversity of Canadian artists heard on Canadian radio and to ensure that music
from new and emerging Canadian artists is included in the
mix.
1541 We propose that 50 per
cent of the Canadian content level must be owned and controlled by Canadian
independents, whether they are companies or artists releasing their own
records. We feel strongly that this
proposed initiative will have many benefits: it will increase airplay of
Canadian‑owned master recordings and contribute to great diversity to the music
Canadians are exposed to; it will offer new and emerging Canadian artists, most
of whom would qualify under this criterion, a better shot at meaningful airplay;
it will provide a place for new releases by Canadian artists that maintain
healthy careers and fan bases but that radio may now consider passé, so fans can
be exposed to new music from these Canadian
legends.
1542 It also helps to meet
two essential objectives of the MAPL system which are, in the Commission's own
words, to support a Canadian‑based music and recording industry and to ensure
that Canadian artists and their works have access to Canadian airwaves. This system means that regardless of
where they are signed, every Canadian artist meeting the MAPL requirements would
qualify for Canadian content. It
would also ensure that there is more space on the airwaves for music from
artists signed to independent Canadian labels or releasing their own
material. This cannot help but
address the Commission's concerns regarding diversity of radio play
lists.
1543 We support a quota
system rather than a bonus system to encourage airplay for Canadian
independents. A bonus system
includes no actual requirement to play anything and may act as an incentive to
play less overall Canadian music.
We cannot support any proposal that lowers current Canadian content
levels or that introduces a bonus system that could result in the same
outcome.
1544 Turning now to the
matter of Canadian talent development monies. CIRPA would first like to acknowledge
the financial contributions from the radio broadcasting community to CTD funding
bodies. They contribute greatly to
the growth and development of Canada's next generation of talented recording
artists. Without this money many
artists and record labels could not have succeeded either at home or
abroad. It is essential that money
continue to flow to the Canadian music community and the independent recording
sector to ensure the identification and development of future stars
continues.
1545 The last change in the
level of CTD funding was in 1995.
We believe it is time to substantially increase broadcaster contributions
to bring them in line with the current and future economic realities of Canada's
radio industry. As noted in
statistics provided by the Commission, the CAB, CIRPA, ADISQ and others, the
Commission's 1998 policy approach to ownership worked admirably. Radio's financial situation is very
healthy and has become increasingly so over the past
decade.
1546 The Commission's
recently released figures on radio's profitability in 2005 clearly demonstrate
this showing nearly 24 per cent growth in PBIT, almost 100 per cent higher than
the per year average over the last five years and nearly 9 per cent growth in
revenues to a total of $1.3 billion, which is approximately 60 per cent higher
than the average rate for the past five years. Even AM radio's PBIT number has
quadrupled over the last 12 months.
Compare these numbers with those generated by StatsCan, which show that
in 2003 Canadian‑owned record labels operated on a 0.5 per cent profit
margin.
1547 Despite broadcaster
concerns about new technology and increased competition from unregulated
platforms, there is no obvious reason why positive financial trends and growth
will not continue. Because these
new forums are still in their infancy traditional broadcasters are well
positioned to take advantage of them rather than view them as threats. As we heard this morning, standard
broadcasting provides an excellent example of this and is leading the way by
diversifying its holdings to include both satellite and internet radio broadcast
undertakings.
1548 A central question
surrounding Commission mandated CTD contributions, however, is once contributed
who owns these funds? We believe
the purpose of CTD money is to develop a healthy supply of top quality domestic
recorded product. While the
contributions originate from the broadcasters in return for access to the public
airwaves, the funds contributed by radio licensees have a significant impact on
Canadian music production. For that
reason, we feel the music industry should be in majority control of deciding how
the funds will be spent. After all,
it is the record labels and music industry professionals, not broadcasters, who
are experts at finding and developing recording artists, a practice we engage in
on a daily basis.
1549 CIRPA believes that the
majority of new CTD funding should be directed to FACTOR, where the music
industry maintains a majority interest in the board. The scope and variety of programs that
FACTOR offers benefit a far large constituency than the Radio Starmaker Fund
programs do. And although we
recognize the need for the Radio Starmaker Fund and its place in the funding
ecosystem, we believe that a 70/30 split of new CTD contributions with the
larger percentage being directed to FACTOR would be both fair and reasonable.
Additionally, we support an
equitable 50/50 split between FACTOR and Radio Starmaker on all monies generated
through transfers of ownership.
1550 We would also suggest
that money earmarked for local initiatives be directed to music industry
associations already running local artist and industry development programs in
their regions rather than being left to the broadcasters alone to
administer. We believe the time has
come for English Canada to emulate the Quebec funding model and recommend that
the existing funds be integrated into one administration. We feel that FACTOR, because of its
extensive experience with a variety and complexity of projects and its history
of success over the years, is the natural choice to oversee this combined
funding.
1551 Regarding levels of CTD
contributions, CIRPA has proposed the following. Tying CTD contributions to revenues is a
much fairer way to calculate CTD contributions from the license renewal process
than the current CAB plan. Given
the desperate need for funding, we believe the appropriate amount for CTD
contributions should be $15 million per year, barely over 1 per cent of total
radio revenues.
1552 In the case of
transfers of ownership, the value of the transactions should be raised from 6
per cent to 10 per cent, the television broadcasting standard. CIRPA does not support the creation of
new funding bodies to administer CTD contributions. Between FACTOR and the Radio Starmaker
Fund the two organizations can adequately meet the needs of talent at all
developmental stages, especially when the overhaul of FACTOR's programs and
additional CTD contributions are taken into consideration. There is no reason to add additional
levels of administrative bureaucracy that will only further reduce the amount of
money available to recording artists and the music industry for artists'
development.
1553 Additionally, CIRPA
objects strenuously to the CAB's proposal to consolidate its members' CTD
contributions into one commercial fund for English Canada, the Radio Starmaker
Fund. The broadcaster‑generated
funding that flows through FACTOR is essential to the program's ability to meet
the industry's needs. As difficult
as that task currently is, it would be utterly impossible to do without the CTD
support from the broadcasters.
1554 The Department of
Canadian Heritage is already on record indicating that it's support of the
FACTOR program may require re‑examination if the broadcasters are allowed to
redirect this money to a fund they currently exercise control over. The loss of this vital program for
artists and their support systems would have an absolutely devastating effect on
the health of the Canadian music industry, it should simply not be
considered.
1555 After examining the
other submissions for this hearing, we wish to offer a few comments regarding
other proposals that have been put forth.
First, regarding the artist‑centred universe theory, we are in complete
agreement that the success of Canadian artists and creators is a critical policy
point. But it must also be stressed
that artists don't operate in a vacuum.
1556 Despite the fact that
some costs associated with recording music have been reduced and technological
advances have made it somewhat easier to enter the digital marketplace, there
still remains a need for artists to surround themselves with a highly skilled
and motivated support team in order to attain success. It is because of the involvement of
managers, booking agents, record labels, accountants, promoters, tour personnel,
etc. in the career development process that artists are afforded the necessary
time to create. As in any other
business, a healthy infrastructure is critical to
success.
1557 That said, the CAB's
proposed consolidation of funds to Radio Starmaker, an artist‑centred program
that makes no allowances for a healthy infrastructure to parcel out as it sees
fit, would meant the domestic music industry would take a critical blow in terms
of financial support. If the
broadcasters are allowed to exercise total control over mandated CTD
contributions, including being able to decide how much money, if any, is
distributed to FACTOR or other programs, they would in effect have undue
influence over public policy and over programs that distribute Canadian
taxpayers' money earmarked for the development of Canadian
talent.
1558 And finally, we wanted
to quickly highlight the matter of copyright payments, which predictably the CAB
has raised. In our submission we
suggested the broadcasters could be relied upon to raise this red herring in
relation to these hearings and we were not disappointed. We would like to reiterate that
copyright payments are for the use of music as programming for the station and,
as such, are a necessary cost of doing business, much like office space,
personnel, transmitters and telephones are. It is about as relevant as complaining
that the cost of gas is too high.
These payments should not in anyway be related to the amount of money
committed to Canadian talent development programs, as they are entirely
unrelated payments that cover totally different uses.
1559 I wish we had time to
delve more deeply into the nuances of these issues and the other points CIRPA
made in its filing, but we thank you for the chance to appear today and look
forward to the continued opportunity to work with the Commission to carryout the
mandates of the Broadcasting Act and bring more excellent Canadian music to
Canadian airwaves for Canadian listeners to enjoy. Thank
you.
1560 THE CHAIRPERSON: Thank you. Commissioner
Cugini.
1561 COMMISSIONER CUGINI:
Thank you. Well, perhaps we will
give you the opportunity to delve a little bit more deeper through our
questions.
1562 MS FERGUSON: I thought
you might.
1563 COMMISSIONER CUGINI:
Good afternoon and welcome. I guess
you should be thankful we are not saying good evening. Let us go forward.
1564 I want to talk to you a
little bit this afternoon about your proposed Canadian content
level ‑‑
1565 MS FERGUSON:
Yes.
1566 COMMISSIONER
CUGINI: ‑‑ as well as the criteria by which you say that 50 per cent of
that 45 per cent would come from independents.
1567 MS FERGUSON:
Yes.
1568 COMMISSIONER CUGINI: So
first, let us start with the 45 per cent.
You cited in your presentation this afternoon that 20,000 new tracks are
available each year. Is that the
one factor that went into your coming up with the 45 per cent as an acceptable
level or are there other factors?
1569 MS FERGUSON: We had a
long discussion on 45 per cent before we settled at that number. I mean, when you look at the amount of
tracks that we are talking about it is probably ‑‑ to reach from 35 per
cent to 45 per cent ‑‑ it will be somewhere in the neighbourhood of adding
an additional five, six, seven songs to play list which we did not think
was ‑‑
1570 COMMISSIONER CUGINI:
Daily or weekly?
1571 MS FERGUSON: On a daily
basis, which we did not feel was a difficult thing to do especially when you
look at the fact that there are 20,000 songs being released every year and
obviously those songs compound over the course of time. So there is an absolute plethora of
Canadian music out there that's not being played.
1572 COMMISSIONER CUGINI:
How do you respond to those that would say well if you just raise Canadian
content you are just going to end up getting more of the same thing, you are
going to get more artist burn, you are going to get more, you know, repeats of
the same songs over and over again just to fill that increased
quota.
1573 MS FERGUSON: I would
absolutely agree that that would be the case, which is why we have
suggested ‑‑ I mean we saw when it went up from 30 to 35 and literally what
ended up happening was that it was the same artists, just more times and more
songs by them. They would go a
little deeper into the records. It
didn't mean that new artists were getting on the air. We are still in a situation where new
artists are having an incredibly difficult time getting on the air. So that was why, in addition to the 45
per cent, we proposed the 50 per cent for Canadian‑owned masters, which we feel
would absolutely broaden the play list.
1574 If you look at the
actual songs that are being played on the radio the majority of them are
released through the major foreign labels, the Canadian content songs and the
Canadian independents' share of overall radio airplay is
minimum.
1575 COMMISSIONER CUGINI:
And to that point and I am going to read this just to make sure I got it
right. In your written submission
you say that the 50 per cent of the 45 total CanCon should be recordings owned
by Canadian independents.
1576 MS FERGUSON:
Yes.
1577 COMMISSIONER CUGINI:
You acknowledge that some of Canada's biggest names, and you repeated some of
them here today, would be captured by that definition.
1578 MS FERGUSON:
Yes.
1579 COMMISSIONER CUGINI:
And you say that there are also emerging artists under there. So under your plan, how would you define
an emerging artist? Because if we
were just to say the 50 per cent from independents what guarantee under your
plan is there that emerging artists would be represented, because the
independents do also sign major names?
1580 MS FERGUSON: We have
major names, definitely. The
majority of artists that are signed to Canadian independent companies would be
considered, regardless of what definition you used for emerging artists, most of
them just simply haven't been getting airplay, they haven't been getting access
to the marketplace, they are smaller artists and we believe that there's not
enough of the larger artists.
1581 What we want to do is
we want the smaller artists to get up to the level of the Sarah McLaughlins, the
Sum 41s. There are not enough of
them to take up that entire 50 per cent at this point. I think it would virtually open the
doors to some of the younger artists that we have been having a much greater
time getting on the airwaves.
1582 COMMISSIONER CUGINI:
But the question really is how do we distinguish? The CAB has said if it hits the top 40
or if it has hit the top 40, radio stations get the credit for 12 months. So they have decided that the top 40 is
it, that is going to be the distinguishing between an established artist and
emerging artist. Do you have such a
yardstick?
1583 MS FERGUSON: At this
time no, we do not and there is a reason why. Because the way that we approached this,
we were aware of the fact that the vast majority of new artists that are being
signed or releasing records on their own are not signed to major labels. The ones that are signed to major labels
would obviously have a greater chance of getting airplay. So what we felt in our 50 per cent was
that, you know, however anyone ‑‑ because there have been a million
different definitions that have floated around as to what an emerging artist is
and you can play with them and you can manipulate it so that, you know, and
artist can last for a very very long time selling 45,000 records as long as they
don't quite get to their, you know, to the top 40, as long as they get in the
top 100 and they can be making a pretty successful career for many many
years.
1584 We don't necessarily
feel that that is fair as a definition for an emerging artist, so just did not
define emerging artist, we define it as Canadian‑owned knowing full well that
the vast majority of young artists that are being signed these days are being
signed either to Canadian independent labels or releasing their material on
their own.
1585 COMMISSIONER CUGINI: So
based on what you have read so far, because you haven't heard it all yet, is
there one definition that you prefer over another?
1586 MS FERGUSON: Not
really.
1587 COMMISSIONER CUGINI: I
mean there has to be ‑‑ this line of questioning is because there has to be
a way for us to measure and for you as the music industry to measure whether or
not, whatever regulatory framework we put in place, is
successful.
1588 MS FERGUSON:
Yes.
1589 COMMISSIONER CUGINI:
And without appropriate barometers, I just don't know how we can do
that.
1590 MS FERGUSON: Well, in
our case we weren't focusing directly on the emerging artist question, we were
focusing on the overall Canadian independents of which the majority would be
emerging artists. So we figured
that by concentrating on independents in general that that smaller group of
young up and coming artists would in fact be included in that group. So our standard for measurement is the
50 per cent.
1591 COMMISSIONER CUGINI:
And further to that, because you do also provide a bit of a qualifier in your
definition of an independent in your written
submission ‑‑
1592 MS FERGUSON:
Yes.
1593 COMMISSIONER
CUGINI: ‑‑ and you say that what does qualify as independent is 50.1 per
cent or more Canadian ownership of the company or the master if the artist is
the label, right?
1594 MS FERGUSON:
Yes.
1595 COMMISSIONER CUGINI:
You then give us what would not qualify and that is artists or labels that
retain ownership but give up effective control over their masters to companies
not meeting ‑‑
1596 MS FERGUSON:
Yes.
1597 COMMISSIONER
CUGINI: ‑‑ the 50.1 per cent Canadian ownership test. Why the distinction between the two and
who does this definition disqualify in terms of artists?
1598 MS FERGUSON: This
definition would ‑‑ and it is not disqualifying from Canadian content, I
want to make that perfectly clear, because there is a further per
cent.
1599 COMMISSIONER CUGINI:
From the 50 per cent of the 45, yes clear.
1600 MS FERGUSON: But from
that 50 per cent it would disqualify artists who ‑‑ there is a trend with
the major labels these days that they will pick up artists on licensed
deals ‑‑
1601 COMMISSIONER CUGINI:
Yes.
1602 MS FERGUSON: ‑‑ so
that they can take advantage of things like FACTOR, so that they don't have to
necessarily be signed to the major label, but the major label effectively is
looking after all of their marketing, all of their promotion, all of their
distribution and they are being treated as if they are a signed artist
internally at the record label, but they are using the licensing process to be
able to access public funding through FACTOR and those sorts of
things.
1603 If an artist
takes ‑‑ so we look at it if an artist or if a company licenses the product
to a major label and effectively gives up control of that product for marketing,
for distribution, for promotion, for publicity, then at that point it would be
deemed to be controlled by the major label. Now, if an artist had signed a licensing
deal or signed a deal for distribution with a major label it wouldn't be the
same thing. As long as the artist
and/or the independent record label were to be able to exercise control over the
direction of the promotion, marketing and sales of an album then we feel that
that should count.
1604 COMMISSIONER CUGINI: In
the 45 per cent CanCon overall, but not the 50 per cent as defined by an
independent ‑‑ as you defined it independents.
1605 MS FERGUSON: Yeah, if
they don't give up control to the major label we feel that they should fit into
the 50 per cent Canadian‑owned masters and if they do give up control ‑‑
and it could be just, it may not necessarily need to be a major label that is in
Canada but if, for instance, they for whatever reason decided to give up control
to a company from England perse, then we would not qualify them for the
Canadian‑owned as well.
1606 COMMISSIONER CUGINI:
Okay. You mentioned that you prefer
a quota system ‑‑
1607 MS FERGUSON:
Yes.
1608 COMMISSIONER
CUGINI: ‑‑ and the Canadian Independent Recording Artists Association has
proposed such a system, that we should require that one‑third of Canadian
selections must be by emerging artists between 6:00 a.m. and 6:00 p.m. and 50
per cent must be by emerging artists between 6:00 p.m. and midnight. I was just wondering if we could get
your reaction to that proposal and..
1609 MS FERGUSON: I think we
are talking about different constituencies. They are talking about artists that are
completely and totally unsigned and we are talking about artists that would be
signed to independent record labels or acting as their own label. So what they are proposing is a
different I guess look at it and I think what they are proposing is related to
the artists that are currently unsigned, the smaller level
artists.
1610 COMMISSIONER CUGINI: So
do you have any suggestions as to how this framework could make room for those
artists?
1611 MS FERGUSON: My
framework or theirs?
1612 COMMISSIONER CUGINI: Oh
our framework, the regulatory framework for radio going
forward.
1613 MS FERGUSON: From the
suggestions that we have made, the artists that, the Canadian Independent
Recording Artists Association, would qualify in our 50 per cent for
emerging. The 6:00 a.m. to 6:00
p.m. side of things I mean, yes, you know, I would have to certainly talk
further with my board of directors, but I can pretty much expect that they would
want to see more airplay of Canadian independents between 6:00 a.m. and 6:00
p.m.
1614 COMMISSIONER CUGINI:
Thank you, Mr. Chair. Thank you, those are all my
questions.
1615 MS FERGUSON: Thank
you.
1616 THE CHAIRPERSON:
Commissioner Pennefather.
1617 COMMISSIONER
PENNEFATHER: Thank you, Mr. Chairman.
Good afternoon.
1618 MS FERGUSON:
Hi.
1619 COMMISSIONER
PENNEFATHER: I am going to talk about Canadian talent development and I wanted
to clarify some of the points you made in your written submission. Actually, you have provided some further
detail this afternoon, so I hope I won't ask you to repeat, but just to make
sure.
1620 The first question is
you propose that the appropriate amount for broadcaster CTD is $15 million per
annum.
1621 MS FERGUSON:
Yes.
1622 COMMISSIONER
PENNEFATHER: How did you arrive at that number?
1623 MS FERGUSON: We took
into consideration the monies that would be required to go to the French funding
agencies as well at a 60/40 split.
And then we took the remainder and divided it 70/30 between FACTOR and
Radio Starmaker Fund. And we
checked to confirm that those numbers, through the reports that you had
referenced earlier, we checked to confirm that those numbers were in line for
what the requests, for instance, that FACTOR gets and we feel those numbers
should adequately get us to a place where hopefully the industry will be
stable.
1624 COMMISSIONER
PENNEFATHER: So you used the 2005 numbers or 2004?
1625 MS FERGUSON: No, what
we did was we took an overall ‑‑ we took the numbers that they were
currently giving and then we expanded it knowing that there was going to be a
certain percentage of that amount.
We based it out based on the English language, because obviously we work
with the English language companies, so we based it on what funding we were
looking to see for English language funding organizations and then added a 40
per cent on top of that for the French market.
1626 COMMISSIONER
PENNEFATHER: In your written submission the number $15 million comes up in the
section dealing with license renewal.
So is your $15 million the total, whether the CTD is coming from
renewals, new licenses or benefits?
1627 MS FERGUSON: It is
renewals.
1628 COMMISSIONER
PENNEFATHER: Just renewals?
1629 MS FERGUSON:
Yes.
1630 COMMISSIONER
PENNEFATHER: So what would be the total, considering that you also have
proposals for transfers which would raise from 6 per cent to 10 per cent and new
initiatives?
1631 MS FERGUSON: I honestly
couldn't tell you because, again, as somebody mentioned earlier today, I am not sure how many transfers of
ownerships are going to take place in the next little while. That was part of the reason why we felt
that 30 per cent of the renewals money would be best invested in Starmaker to
continue to drive funding for Starmaker, so I can't be sure on that number. And again, I wouldn't want to put a cap
on new licenses. If people were
willing to promise, you know, $100 million to FACTOR who am I to say no
really?
1632 COMMISSIONER
PENNEFATHER: Yes, you mention that in your written submission, $100 million,
eh?
1633 MS FERGUSON: Well, you
know, I would take $250 million too.
1634 COMMISSIONER
PENNEFATHER: I just wanted to go through in a little more detail your written
comments about each of the components new, transfer and license renewal. In the section on new radio where you
don't see a cap and where you would love to see $100 million you do say,
however, two things of interest right now, is that you recommend national
initiatives as opposed to local initiatives. Can you explain
why?
1635 MS FERGUSON: I have
never met a recording artist that was looking to develop a regional career. Recording artists, the vast majority of
them, yes, they want to start out in their own region, but they want to grow and
in Canada it is absolutely necessary to grow beyond your region. It is a very difficult country to tour,
it is a very difficult country to make money in as an artist. You have to work really hard to be able
to do that. So we believe that
nationally‑based programs are far more helpful to artists who are looking to
develop nationally‑based careers.
1636 COMMISSIONER
PENNEFATHER: Now, in the same section at paragraph 140 you talk about the
artist‑centred approach. I think in
your comments earlier you clarified that a little bit more for us, but you do
indicate that you thought that the majority of Canadian Talent Development
funding should be earmarked for companies.
How does that connect to an artist‑centred
approach?
1637 MS FERGUSON: I am
sorry, where was that?
1638 COMMISSIONER
PENNEFATHER: Paragraph 140 of your written submission.
1639 MS FERGUSON: We
definitely believe that a portion of the money should be put aside for
companies, absolutely.
1640 COMMISSIONER
PENNEFATHER: The point is to help us understand what artist‑centred approach
means to you.
1641 MS FERGUSON: An
artist‑centred approach ‑‑ we agree with the concept that it all starts
basically from the artist, from a song.
That is where ‑‑ I mean, somebody has to find that talent. And so we believe that basically
everybody that is working in the music industry is centred around the artist,
because without the artist we don't have companies. And so we are absolutely supportive of
making sure that, you know, the artists are well taken care
of.
1642 But at the same time
we're not supportive of making sure the artists are taken care of to the
detriment of the companies that are required to help them expand their careers
and to actually achieve success, both domestically and internationally. So really what it is is that we don't
want to see one sacrificed for the other.
1643 COMMISSIONER
PENNEFATHER: In your view, what is a grassroots approach?
1644 MS FERGUSON: A
grassroots approach to..?
1645 COMMISSIONER
PENNEFATHER: To funding of CTD?
There are a number of interveners who have emphasized the importance of
grassroots funding.
1646 MS CECCONI: From a
FACTOR perspective, grassroots is ‑‑ those are those first demos working
their way up to the point where they actually can go to Radio Starmaker because
they have sold X amount of records.
Without the farm team, you know, it is just like sports, it is like
anything else, grassroots is your farm team, it has to be built before it
Starmaker is of any value.
1647 COMMISSIONER
PENNEFATHER: Now, were you here earlier for the discussion with the CAB? I am sure you have read their
intervention. Would you like to
comment on their recommendation that the Commission should proceed to allow the
CAB to conduct a full review of its CTD contributions and undertake negotiations
in 2008/2009? Do you have any
comment on that?
1648 MS CECCONI: I do not
understand the question. Can't they
review it anytime they want it anyway?
They are reviewing FACTOR and Starmaker all along.
1649 S COMMISSIONER
PENNEFATHER: Well, the CAB put together a basic ‑‑ part of their proposal
is to proceed over the next three years with a change which would centre and you
said you object strenuously to the consolidation of CTD funding into Radio
Starmaker Fund. And that they would
thereafter conduct a report and report back to the Commission on that
procedure.
1650 MS FERGUSON: If they
want to review their CTD funding, that is fine, as long as that doesn't end up
meaning that their money is all concentrated in a fund that they
control.
1651 COMMISSIONER
PENNEFATHER: So, as you said earlier, you do not approve of the idea of
consolidated fund ‑‑ all funds going into Radio Starmaker
Fund?
1652 MS FERGUSON: Absolutely
not.
1653 COMMISSIONER
PENNEFATHER: Okay, I think I had one other question for you. When we are talking about cultural
diversity in radio what, in your view, would be ways to approach cultural
diversity in radio, either through companies or through an artist‑centred
approach?
1654 MS FERGUSON: That is a
good question and you stumped me.
Damn, I thought I had everything down. I mean, honestly I would prefer to
discuss it at greater length with some of the radio people to come up with a way
that we could make it work for both sides.
I mean, part of what the music industry has to do in order to broaden
diversity is to search out those artists that may be more ethnic and to continue
to be able to develop them and to grow their careers.
1655 I mean, there are some
pretty interesting artists in Canada that play to ethnic crowds and draw
thousands and thousands to concerts that no one has ever heard of on the radio
ever. And I think that, you know,
if you have artists that are selling that kind of numbers and can draw those
kinds of crowds it kind of makes sense to me that people who are going to see
them might want to hear them on the radio too. So, you know, I can't offer the best
suggestion, because I don't program a radio station, but if I did it would be
very diverse and there would be lots more music on it and I would probably be
poor.
1656 COMMISSIONER
PENNEFATHER: I am asking you the question also as members of the music industry
and particularly on your comment which Vice‑Chair Arpin raised earlier with CAB
on who owns these funds, namely CTD funds and whether as you looked to the
dispersal of CTD funds and other aspects of your industry, whether you had any
specific discussions or approaches to diversity, cultural
diversity?
1657 MS FERGUSON: Well, I
think and I am speaking semi on behalf of FACTOR without not being involved in
FACTOR. One of the great things
that I see about FACTOR is that FACTOR does fund various types of music, various
artists across the country that are not necessarily going to be commercially
successful or certainly not commercially successful in a way that most people
would think. You may not see them
on the top 40, you may not see them on the top 200 chart, but at the same time
their music deserves to be supported, it deserves to be heard and it deserves
consideration.
1658 And to move monies that
are used at FACTOR into a commercial fund, which the broadcasters have made very
clear they want to use for the most commercial of music that they can play on
the radio, defeats the purpose of doing it that way. So to concentrate monies in a commercial
fund means non‑commercial artists and non‑commercial music goes unheard and
undeveloped.
1659 COMMISSIONER
PENNEFATHER: Okay. I also mention
it, because I believe on page 16 at paragraph 61 you say it is critical for
radio to respond to Canada's multicultural landscape. So I was just wondering if you had
anything on that. I just forgot to
ask you clarification on one point back to the Canadian Talent Development. Paragraph 127 you recommend and suggest
the time is appropriate to follow the lead of Quebec and integrate the various
funds into one administration.
1660 MS FERGUSON:
Yes.
1661 COMMISSIONER
PENNEFATHER: I assume by that you don't mean into a Radio Starmaker
Fund?
1662 MS FERGUSON: No. And as we said, it is not integrating
the funds perse, but it is integrating the administration portion of
it.
1663 COMMISSIONER
PENNEFATHER: Which funds are you referring to in that
sentence?
1664 MS FERGUSON: Both
FACTOR ‑‑ and I speak only on the English side of things in this ‑‑
both FACTOR and Radio Starmaker.
1665 COMMISSIONER
PENNEFATHER: You would integrate the two in one
administration?
1666 MS FERGUSON: Into one
administration with two separate funds.
1667 COMMISSIONER
PENNEFATHER: Two separate funds?
1668 MS FERGUSON: Yes. And certainly, for the time being, we
see it with two separate boards of directors as well to develop policy for each
one of those funds keeping in mind the goals that each one of those funds has,
because they are separate and they have different goals and different
concerns. But we feel that right
now ‑‑ and we have two administrations doing this, we can easily do it by
moving them into one administration.
We feel that FACTOR's administration, because of the fact that they have
been going for 25 years, they have managed a variety and complexity of projects,
that they would be the best suited to be able to handle a combined
administration overseeing the two funds.
1669 COMMISSIONER
PENNEFATHER: That is different from what the CAB has recommended? It sounds very
similar.
1670 MS FERGUSON: Yes. The CAB has basically recommended that
all their money go to the Radio Starmaker Fund and then the Radio Starmaker
Fund, from there, will make a decision as to whether or not they want any money
to go to FACTOR or anybody else.
1671 COMMISSIONER
PENNEFATHER: So you are saying CTD funding would go separately, but to a joint
administrative body?
1672 MS FERGUSON: We are
saying that the commitments to each fund should be made separately, but that
they would be administered by one overall body.
1673 COMMISSIONER
PENNEFATHER: Thank you, that clarifies it.
Thank you very much.
1674 THE CHAIRPERSON: Thank you. Just a few follow‑up questions, Ms
Ferguson. I don't know whether you
have the CAB's brief there.
1675 MS FERGUSON: I do not
have it in front of me.
1676 THE CHAIRPERSON: If you
don't it is okay, I'll ‑‑
1677 MS FERGUSON: I am
sorry, I only had one suitcase.
1678 THE CHAIRPERSON: I will
read you the ‑‑ they make the point at paragraph 3(10) that radio's role
has effectively moved from what was previously a key driver for the sale of
music to what is now a key driver for the promotion of music. Would you agree with
that?
1679 MS FERGUSON: I think
that there is certainly some truth to it.
Definitely, promotion is an added value of having your music on the
radio, I mean it certainly helps to get the word out. But, you know, you watch some of the
bigger singles, the songs that they play a lot, and it absolutely affects the
sales of those songs as well, so it is a combined thing really in our
view.
1680 THE CHAIRPERSON: Why do
you think that sales of Canadian music have essentially remained flat since the
late 1990s, hovering around the 16 per cent level, notwithstanding Canadian
content levels have more than doubled?
1681 MS FERGUSON: I think
actually the last number that I saw that Canadian records were about 25 per cent
of the top 200 as opposed to 15 per cent.
I think some sales have gone up.
I mean, the music industry has taken an absolutely critical blow from the
internet and it has taken years and years for us to, you know, wrap our heads
around how it is that we can make some money off the internet and people are
just taking our music and trading it around for free, so it is difficult to make
money when people are doing that.
1682 So there have been
different models and certainly there is grand debate within the industry as to
the best way to solve that problem.
But regardless of that the fact that, you know, Canada has got the
greatest broadband penetration in the world has added to the fact that our sales
are going down. Now it doesn't mean
that our artists are not as popular, if not more popular today. And we certainly see that a lot of these
young acts, the Broken Social Scenes, the Feists of the world are selling
records all over the world and so there are opportunities there for sales, but
they need to be mined.
1683 THE CHAIRPERSON: Yes, I
think the point here is that whatever the level of total sales is, that of that
level the percent of Canadians seems to be hovering at around 16 per cent. I don't know, you indicate that you
think you have different figures.
You may, it is paragraph 3(11) of their brief and you may wish
to ‑‑
1684 MS FERGUSON: I think
their number may be wrong.
1685 THE
CHAIRPERSON: ‑‑ with reference to Statistics Canada and you may wish to
comment on it now or later on.
1686 MS CECCONI: We have
SoundScan figures for the year 2005 that clearly show Canadian sales were at 24
point something, that is 2005 Canadian sales. So I am not sure where their 16 per cent
comes from. Ours is ‑‑ I mean,
admittedly, ours is one year on a very specific thing, records that have sold,
but that is what we are talking about.
1687 THE CHAIRPERSON: Well
they give a reference here to Statistics Canada and the three years they quote
are 1998, 2000 and 2003. You can
look at it and choose to provide updated information on that. But these figures, based on your
information, appear to be low?
1688 MS CECCONI: Incorrect,
yes, I think they are low.
1689 THE CHAIRPERSON: Okay,
well then you may wish to file on that.
Final question is the CAB brief speaks of artist burn, you know, the
outcome of playing songs or a given artist for too long. You are recommending that Canadian
content levels be raised. Are you
concerned about artist burn?
1690 MS CECCONI: Well, it
gets down to diversity, doesn't it?
They have got to play more tracks, different tracks. I mean, obviously we don't want our
artists to burn out, radios shouldn't either, but there are options, there are
tons of tracks coming out every week.
1691 MS FERGUSON: I can't
tell you how many times people working in the music industry have had
conversations with radio programmers who have said I am sorry we have one CanCon
slot this week ‑‑
1692 MS CECCONI: And it is
gone ‑‑
1693 MS FERGUSON: ‑‑
and it is gone ‑‑
1694 MS CECCONI: ‑‑ it
is not yours.
1695 MS FERGUSON: ‑‑ it
is not yours, you will have to wait another two weeks before we have another
meeting where we will put another song in.
The reality is 35 per cent is a minimum, it is not a maximum, it is a
minimum and they treat it as if it is a maximum and I don't understand why. I mean, part of the thing that ‑‑ I
guess that sort of drives a little personally crazy is the fact that they are
asking for a bonus system to play music that they should already be
playing.
1696 THE CHAIRPERSON: Right,
and your way of dealing with the phenomenon ‑‑ I mean, what makes you think
that at 45 per cent it won't be treated as a minimum?
1697 MS FERGUSON: Well, that
is why we have asked for the 50 per cent guarantee for Canadian independent
masters.
1698 THE CHAIRPERSON: So
that is the way of your ‑‑
1699 MS FERGUSON:
Absolutely.
1700 THE
CHAIRPERSON: ‑‑ trying to ensure diversity of airplay and a reduction of
artist burn?
1701 MS FERGUSON: It means
they can't play all Celine Dion all the time.
1702 THE CHAIRPERSON: Okay
good, I think I have the point.
Thank you very much. Those
are our questions.
1703 MS FERGUSON: Wow, that
was easy.
1704 THE CHAIRPERSON: Madam
Secretary.
1705 THE SECRETARY: Thank
you, Mr. Chairman. I would now
invite the next participant, the Canadian Recording Industry Association, CRIA,
to come forward with their presentation.
1706 Appearing for the
participant is Mr. Graham Henderson.
Mr. Henderson, if you can introduce your colleagues and then you will
have 15 minutes for your presentation.
PRESENTATION /
PRÉSENTATION
1707 MR. HENDERSON: Thank
you, Madam Secretary, and good afternoon, Mr. Chairman, Mr. Vice‑Chairman and
members of the Commission.
1708 My name is Graham
Henderson, I am the President of the Canadian Recording Industry
Association. My members and I thank
you for this opportunity to address you today. I do want to point out that in this
proceeding CRIA's representing the interests of Warner Music Canada, Sony BMG,
EMI Music Canada and Universal Music Canada.
1709 I am joined today by
Duncan McKie President of POLLARA Research, Deborah McLaughlin President of
Strategic Inc., Stephen Zolf a partner at Heenan, Blaikie and our regulatory
counsel. Also joining us on my
right is Jeremy Summers who is the Director of National Promotions at Universal
Music.
1710 We have brought Jeremy
today because we believe he can add something important to the hearings, he is
one of the country's top radio promotion executives. His world commissioners is the world
that you in many respects create.
He lives with the consequences of rules that are set here. Day in and day out Jeremy works to get
Canadian artists on the air. And in
the preparation of our submissions, executives like Jeremy spent days in airless
rooms like these providing us with input based on their practical day to day
experience.
1711 If I might begin
then. CRIA's major label members
play a vital and often misunderstood role in the Canadian music system. We are not just about distributing
foreign‑owned masters. Last year
alone major labels invested in excess of $10 million in the production of
masters recorded by Canadian artists.
Our members are also routinely signing new and emerging talent such as
Hedley, DD Clifford, Tomi Swick, Matthew Barber and Amanda Stott. And if these artists aren't known to you
today, just give them time.
1712 But we are about more
than just investing directly in Canadian artists as tables 1 and 2 in our
written submission make clear. If
we aren't actually producing masters we are in the business of distributing
them. CRIA's major labels have
distribution agreements of one sort of another with over a hundred independent
labels. For example, all but two of
the English language Canadian albums appearing on last year's top 200 passed
through the major label distribution system. This is because distribution is often
complex and expensive and independent labels throughout Canada eagerly seek out
the access to distribution networks that are developed and established by major
labels.
1713 It has been almost 10
years since Canadians had an opportunity to review the role of commercial radio
in Canada and its relationship to the development of Canadian artists,
particularly new and emerging talent.
Over that period of time a number of issues identified in the
Commission's call and by the various parties to this hearing have gone
awry. Of particular concern is the
lack of access to radio for new artists and the consequent lack of diversity in
the radio system. The label
community has not stopped producing these artists, they just aren't getting
radio anymore and Canadians deserve better.
1714 They have told us time
and again in our research, particularly young listeners, that they want and
expect to be able to hear new and emerging talent on the air. And as Ms McLaughlin can tell you, when
they get it they are loyal to the stations that provide it. Providing access to new and emerging
artists and displaying them to Canadian audiences directly meets the objectives
of the Broadcasting Act and the Commission is the custodian of these
objectives.
1715 At the last commercial
radio hearing the Commission established a flexible regulatory framework in
reliance on certain promises from radio.
The framework itself was not the problem. What was missing was a system for
adequately monitoring compliance with the rules and attaching consequences for
non‑compliance. Accountability,
which should be a watchword in any rule‑making system, was lacking. These hearings come at a crucial
juncture in our history. Radio is
arguably more important today to the health of the music ecosystem than it was
eight years ago.
1716 MR. SUMMERS: Two nights
ago Mobile, a recent Universal signing, played before a sold out house in
Toronto. I was there. It seems like forever since we shipped
their first single, but in fact it was only nine months ago. The story of how we got from there to
here would be incomplete if radio didn't feature prominently in it. The first single became the No. 1
Canadian rock track in the country.
Single No. 2 was a perfect fit for rock and top 40 radio. And just three weeks ago their CD
debuted in the top 10 sales.
1717 This is a rare and
amazing feat for a debut record by a Canadian and news of this home‑grown
success went around the world that day.
As a result, we have secured a priority release in at least one country
based on our success here. That day
newspapers that were, until then, not interested have called or interviews. A career was launched and it started
with radio.
1718 Something wonderful
happens when radio supports new Canadian talent. The music lovers, the artists,
the retailers, the label team and radio itself, we all win. And every year our company makes
investments in new talent, knowing that some will fail to break through or even
break even. We have always been
committed to launching new and emerging talent knowing that they are the life
blood of our community. We rely on
our aesthetic judgment, trend analysis, timing and often sheer gut to determine
who will have the best chance of success.
1719 When radio supports new
and emerging talent there is a chance that bands like Mobile or the Trews could
become the next Tragically Hip and Julie Black the next international
superstar. We know that many
stations would rather play familiar songs by familiar artists and we are told
often that radio exists to play the hits and not break the hits and that kind of
thinking can stifle the music industry in Canada. We can live with that or starting here,
starting today, we can give our radio stations an incentive to break new
Canadian music.
1720 MR. HENDERSON: The
label‑radio relationship should be synergistic. Labels identify and develop new and
emerging talent producing records.
Radio plays those records to attract audience and market it to
advertisers. The success of these
emerging artists then allows the label community to invest in newer talent
creating a regenerative cycle.
1721 The Commission itself
has recognized the importance of this cycle and has, over time, established a
framework that facilitated it. This
framework was renewed in 1998 at which time the Commission mandated in effect a
bargain involving the Canadian people, the broadcasting industry and the label
and artistic communities. A key
aspect of the deal was this, liberalized rules that resulted in an increased
concentration of ownership in return for promised diversity, but the diversity
failed to materialize. Diversity,
we maintain, that can be restored even in the present inclement climate without
doing violence to the broadcasting system itself.
1722 To achieve diversity in
the system we need to increase the opportunities for new and emerging
talent. Any business that doesn't
do this, doesn't develop new products for its consumers, in this case music for
radio audiences, is bound ultimately to fail. And radio is in danger of permanently
alienating a large portion of its youngest audiences, its nest egg of the
future.
1723 Accordingly, CRIA
proposes a recipe for change, a recipe that really won't work unless each of its
constituent parts is added to the mix.
Our ultimate objective is increased diversity through access to the
airwaves for new and emerging talent.
However, there is a key proviso, without accountability, without
transparency and without monitoring we can propose any set of rules we want, we
can establish any goals we want, but we will windup back here in a few years
worse off. Accountability,
transparency, monitoring, these are watchwords, watchwords that companies such
as Warner, Sony BMG, Universal and EMI live by on a daily basis in the
post‑Enron world. And Canadians
have a right to expect that any framework established for our broadcasting
system will be similarly governed by these watchwords.
1724 Unfortunately, the
rules established for radio in 1998 were honoured in a highly eccentric manner,
to say the least. And CTD money, it
may not always have been spent as judiciously as it might have been. As the Commission itself noticed in its
calls for comments, new and emerging talent remains a rarity on Canadian
airwaves. As we say, the yardsticks
have not moved. Here then is our
recipe and we note that this recipe is different from that that we proposed in
our written submissions.
1725 Since March 15 we have
had access to thousands of pages of written filings as well as crucial new
information relating to certain of the presuppositions up on which our
submission was based. First, we
propose to increase CanCon levels to 40 per cent including peak audience
periods. At the same time, we
propose a market‑based non‑intrusive bonus system that would allow broadcasters
the opportunity to drop back to a floor of 35 per cent by playing new and
emerging artists in the peak audience periods. We have proposed the definition of new
and emerging artist that is both clear, we believe, and easy to apply. What could be a clearer indication that
a given artist is leaving the ranks of new and emerging than the achievement of
gold status and/or reaching the top 40 on the BDS all format audience
chart?
1726 Our definition relies
on objective and widely available data for measuring the achievement of a given
artist as new and emerging. It
ensures that a greater number of new and emerging artists will access the
broadcasting system on a regular basis.
1727 We believe that the
focus of Canadian content should not be on tonnage, but rather on an approach
that enriches the 35 per cent mix with these new and emerging talents. The tonnage system is in effect what we
are living with now and it has not worked well for the new talent, nor has it
achieved the diversity and other broadcasting policies, policy objectives for
the system. But to be clear, under
our proposal 35 per cent is a floor.
What we have now is a dumb 35, a quota that has been satisfied through
the overplay of gold tracks. As the
strategic study included with our submission demonstrates, the average age of
Canadian tracks on commercial radio is eight years old.
1728 Second, we propose an
artist‑centric minor amendment to MAPL that will embrace the contributions of
bonafide Canadian artists who are currently excluded from the Canadian content
system. The industrial strategy of
1970 does not seem to apply today.
It is time to focus on the artist.
Now, this is not a scheme dreamed up by my major label members to attain
some sort of hegemony over the airwaves, nothing could be farther from the
truth.
1729 Our proposal was simply
designed to ensure that our 1970 model is updated for modern times. Who among us thinks that a system that
denies Nelly Furtado and Michael Bublé recognition as Canadian artists is a
sound one?
1730 Third, FACTOR. CRIA views the continued viability of
FACTOR as one of the central pillars of a successful and thriving Canadian radio
broadcasting system. We have never
differed with our friends in the independent community on the need for CTD
funding levels to dramatically increase.
Where we did differ was on exactly how the money should be divided
between Starmaker and FACTOR. What
is clear, however, is that money does make a difference. Money, not to put too fine a point on
it, talks and our independent community, specifically FACTOR, needs money now,
more money.
1731 And as to the exact
levels of funding that are appropriate and how the money should be divided
between the two funds, we leave that to the wisdom of the Commission and those
with a more direct stake in the outcome.
We do not support any capping of FACTOR's CTD funding. In fact, we support an increase in such
funding from any new CTD requirements subject, of course, to the appropriate
rules regarding accountability, transparency and
monitoring.
1732 We will say this, we
are strongly opposed to the creation of new funds. If there are gaps in funding, then this
can be addressed by the two existing funds and the Commission could send
important signals in that regard in its final determinations. We would propose that the
Commission, after having developed a new commercial radio framework, assemble a
working group of stakeholders to assist with the implementation of a plan to
monitor compliance.
1733 There are existing
mechanisms that can be adapted. The
development of appropriate monitoring will create transparency in the system and
lead directly to accountability. It
will help to ensure the success of young artists in the Canadian radio
system. CRIA would be pleased to
participate in such a process.
1734 Finally in closing, we
note that a vibrant Canadian music scene depends on a workable system for
delivering Canadian artists to local, national and international audiences. If one part of the system fails, we
simply cannot wait for another eight years or even three before addressing any
shortcomings. Our collective
responsibility to Canadian artists requires more vigilance and attention than
this. The technology, data
gathering mechanisms and the will surely exists to monitor changes to the system
on a yearly basis. We believe that
it is within the power and capacity of the Commission to allow for prompt,
timely mid‑course corrections, if needed.
1735 We appreciate this
opportunity to appear before the Commission and we welcome your
questions.
1736 THE CHAIRPERSON: Thank
you very much. Commissioner
Pennefather.
1737 COMMISSIONER
PENNEFATHER: Thank you, Mr. Chairman.
Good afternoon. Yes, a few
changes from your written submission here.
So I am going to look at the Canadian Talent Development component of
your overall picture and perhaps you can, as we go through some of your comments
in the written intervention, bring us along to how you have come to today's
discussion.
1738 One of the principal
points you make in your submission is looking at ‑‑ generally, you are
looking at a "super fund" you call it and you say, "CTD should focus on a single
artist‑centric commercial super fund".
Have you changed your position on that?
1739 MR. HENDERSON: Yes, we
have in fact. And part of that,
again, has to do with new information.
At one point we were under the impression that a significant number of
the sort of senior members, if you will, of the FACTOR community, the
independent community were going to be graduating, if you will, to the MEC fund
and we now understand that it is a mere six which leaves, in effect, the FACTOR
universe relatively intact. So that
piece of information alone meant it was important for us to rethink our
prescription.
1740 COMMISSIONER
PENNEFATHER: So what you are saying here today is that FACTOR should continue to
get money, not only that, more money?
1741 MR. HENDERSON:
Yes.
1742 COMMISSIONER
PENNEFATHER: Which is a little different from what you had
here.
1743 MR. HENDERSON:
Correct.
1744 COMMISSIONER
PENNEFATHER: So can you give us a sense..?
Let us back up a little bit.
1745 MR. HENDERSON:
Yes.
1746 COMMISSIONER
PENNEFATHER: I am going to push you a bit on the point you said you would leave
it to us to decide on how much and how.
But let us push it a little bit since you were quite detailed first
round.
1747 MR. HENDERSON:
Yes.
1748 COMMISSIONER
PENNEFATHER: Looking at the universe you have described, what is your sense of
an appropriate amount out there for CTD funding?
1749 MR. HENDERSON: Well,
there is the three sources, the renewals, the applications and the license
transfers.
1750 COMMISSIONER
PENNEFATHER: That's right.
1751 MR. HENDERSON: I don't
think anybody disagrees that the question of the amount of money that is going
to be driven from license transfers is up in the air. So to the extent that there is money
there, that may well be gravy for the system. The key seems, to me, to be focusing
around application ‑‑ sorry, renewals. That is where we can focus into sort of
a surer, you know, way to measure the contribution and it happens on a yearly
basis.
1752 What is the appropriate
amount? It costs a lot of money to
break records in this country. And
one of the key factors in inducing radio to chase after a record can be ‑‑
and Jeremy might be able to speak better to this ‑‑ is the amount of
resources that a label, any label, whether major or independent, can apply to do
heavy lifting to support the record at radio, whether it is touring ‑‑ and
it costs a lot of money to tour in this country for a breaking act. It is not something that you can just go
out and do and expect to make money to supplement what else you are doing, it
actually can cost money.
1753 So whether it is tour
support or whether it is point of purchase advertising, all of these are
important supplements to breaking music, to breaking artists into the broader
community. So whether you are a
major or an inde you need access to that. And whether it is within FACTOR or
Starmaker ‑‑ that is, I would guess, one of the principal points in putting
the money there, whether it is in FACTOR which funds, at this point anyway,
principally production and marketing or Starmaker, which has slightly different
goals, it is all part of a value chain that has to sort of feed in and all
components of it have to be healthy.
1754 COMMISSIONER
PENNEFATHER: Well, I understand that.
What you are describing, and forgive me if I am wrong, but I what I read
here, heard today and what I hear you saying, particularly in your comment about
radio's role being even more important ‑‑
1755 MR. HENDERSON:
Yes.
1756 COMMISSIONER
PENNEFATHER: ‑‑ and I am sure my colleagues will want to talk about that a
little bit more ‑‑
1757 MR. HENDERSON:
Sure.
1758 COMMISSIONER
PENNEFATHER: ‑‑ sounds essentially more to the promotion and marketing
side, which would shift the balance to a Starmaker Fund approach. So that if one is looking at more or
less money what would you say to that?
1759 MR. HENDERSON: We are
not a direct stakeholder in the sense that we are not a recipient of FACTOR
money. What I think you heard CIRPA
say very clearly is that at the front end of the entire process begins an artist
or is an artist and an investor.
And sometimes the artist can be their own investor, but more often than
not it is the label and they need money to produce the masters that get fed into
the system and they need money to market it.
1760 So to denude that
component would be, in a sense, to starve the system at the front end. Does that make
sense?
1761 COMMISSIONER
PENNEFATHER: Let me put it this way so we understand a little more where you are
coming from. You maintain now,
rather than one super fund FACTOR ‑‑
1762 MR. HENDERSON:
Right.
1763 COMMISSIONER
PENNEFATHER: ‑‑ should remain and the Starmaker
Fund ‑‑
1764 MR. HENDERSON: Well, I
actually think you end up with two super funds in a sense.
1765 COMMISSIONER
PENNEFATHER: Why are they super funds?
1766 MR. HENDERSON: Well, I
mean it is just a term, I mean they are two great funds.
1767 COMMISSIONER
PENNEFATHER: Okay.
1768 MR. HENDERSON: Yes,
they are two great funds.
1769 COMMISSIONER
PENNEFATHER: You use the word recalibrate.
1770 MR. HENDERSON:
Yes.
1771 COMMISSIONER
PENNEFATHER: And would you still maintain that Starmaker should be refocused on
supporting the actualisation of the digital marketplace
developing ‑‑
1772 MR. HENDERSON: Yes, I
absolutely agree. I think that this
is vital at this stage. What we
have experienced in the past seven or eight years has been a cataclysmic
upheaval and it has impacted artists at all levels: artists that were formerly on major
labels, have left and they may be on major independents; artists that were on
major independents are on now minor independents; artists that were on minor
independents may be completely independent altogether. A lot of it has to do with the pressure
of piracy.
1773 But also, on the other
side of the equation, are those artists who are taking advantage of the digital
environment to move out of the system, to disintermediate the middleman and
access their audiences directly.
What this means is you have artists in different proportions, in
different areas of the music ecosystem than they were ever before. So funds that
primarily focused once upon a time on marketing and promotion at radio now have
to think seriously now wait a minute, records break differently now, artists can
establish themselves differently now.
1774 And if you read in the
press you will see this happens everyday, artists who stay right outside of the
system and use file sharing knowingly and in an authorized manner to increase
their audiences, to develop a touring base and then work back into the system
where they can actually make money selling their records.
1775 Now, with these new
realities that means all of these funds need to think about different ways to
assist artists in the careers they choose and, for those artists who may not
have chosen to be out on the fringes, we need to help them. It is like a fish tank which needs
oxygen and some portions of our fish tank are oxygen starved we need to get
oxygen to it.
1776 COMMISSIONER
PENNEFATHER: Let me go back to your point about money talks. So I am going to ask you to talk to me
again about the money. As my
colleague said, one point in time while we look at different mechanisms,
different models we have enough of a history now and you certainly have the
experience to give us a sense of ‑‑ I asked you this before ‑‑ if you
could ‑‑ and you know there are models that have come into this proceeding
$17 million, $16 million ‑‑ if the Commission is looking at different
models and says the results come out to approximately 16 or 17 or 26 what, in
your view, should we be looking for?
1777 MR. HENDERSON: In terms
of a number?
1778 COMMISSIONER
PENNEFATHER: Yes.
1779 MR. HENDERSON: You
know, we actually don't have an opinion on the number, except to say that it
needs to be significantly more than it is.
1780 COMMISSIONER
PENNEFATHER: Significantly meaning double, triple..?
1781 MR. HENDERSON: Well,
you know, 1.8 million from license ‑‑ there is another aspect to this as
well and that is the system is kind of confusing. I mean you have a bit of money coming
from here and then you have a bit of money coming from applications and you have
a bit of money coming from
transfers. If I recall correctly,
earlier today some of the questions were sort of directed at the
complexity. And as a
businessperson, if I was sitting across the table would I do a deal like
that?
1782 No, I am more
interested in what is the total quantum and how do I get it. And it may be that there are those in
the radio community who would agree, let us just come up with a number and then
figure out ‑‑ I almost don't care how it comes to
me.
1783 But clearly, if the
transfers of ownership, money, if that tails off then 1.8 million isn't going to
do it. And I think you have heard
very clearly from the independent community that numbers in double digits are
within a reasonable range. And if
it is correct, that this amounts to 1 per cent or less than 1 per cent, that
does not seem to be fantastically unreasonable numbers. But again, I think it all has to be
considered in the context of moving yardsticks.
1784 The Commission, in my
view, set a very clear target for us.
You showed us that in the course of seven or eight years we have added
almost nothing to the equation, whether it is money or whether it is an
adjustment to MAPL or whether it is CanCon, whatever it is we have to find a way
to get these new and emerging artists and I think money is a key component to
this.
1785 COMMISSIONER
PENNEFATHER: Okay, I think using the 1.8 through that model of the transfers is
one bottom line. But in actual fact
contributions, as the broadcasters have made the point, have tended to be higher
even through that one door.
1786 MR. HENDERSON:
Right. Through the
renewals?
1787 COMMISSIONER
PENNEFATHER: Through the renewals, for the transfer
benefits ‑‑
1788 MR. HENDERSON: Yes,
yes, correct.
1789 COMMISSIONER
PENNEFATHER: ‑‑ with a total of 5 million going to Starmaker
Fund ‑‑
1790 MR. HENDERSON: Yes,
yes.
1791 COMMISSIONER
PENNEFATHER: ‑‑ in 2005. In
the transfer benefits the formula is 3 per cent to Starmaker Fund and 2 per cent
to FACTOR, 1 per cent to the other initiatives. On those other initiatives in your
written application you talked about Commission improved eligible
initiatives.
1792 MR. HENDERSON:
Right.
1793 COMMISSIONER
PENNEFATHER: This would also apply I think to the new license procedures wherein
you said there should be a cap.
1794 MR. HENDERSON:
Yes.
1795 COMMISSIONER
PENNEFATHER: Can you gives us a sense of what kind of initiatives you have in
mind?
1796 MR. HENDERSON: Well,
and Deborah may be able to help me out a little bit here, I think what we are
getting at is that everything has to work for this to work. Local initiatives are absolutely vital,
but not if there is sort of a scattergun approach to it. And if we just leave it to applicants
who, you know, gather in front of you in large numbers trying to come up with
great ideas, that may not necessarily help this Commission and this community
move the yardsticks, then I say that is not particularly useful. I mean, we have examples where local
initiatives have involved funding band uniforms. Now, I don't necessarily think that is
helping us move the yardsticks.
1797 So again, it comes sort
of back to monitoring and accountability and transparency. Maybe some basic set of rules that would
help applicants to sort of channel local initiatives into something that might
make more sense would be called for and I can't say what that list would be and
maybe that is part of this working group, that it needs to meet and decide what
will move the yardsticks. But they
key is sort of imposing some order on the chaos.
1798 COMMISSIONER
PENNEFATHER: You don't feel the current list in Public Notice 1995‑196 gives us
an appropriate list?
1799 MR. HENDERSON: You
know, I am not familiar with that.
1800 MR. ZOLF: If I could
answer that, Commissioner Pennefather.
We looked at that list and we think it is a good start. We just think thought that a more
consistent approach has to be brought to bear in all forums, whether it is new
license applications, etc. But we
have looked at that list and indeed it lists quite clearly what are acceptable
direct and indirect CTD benefits.
But we think that further focus and further tightening and refinement of
that approach needs to be done.
1801 COMMISSIONER
PENNEFATHER: Well, as you know, some interveners are coming forward to discuss
music education as a component of the list.
1802 MR. HENDERSON:
Yes.
1803 COMMISSIONER
PENNEFATHER: Do you have any comment on that?
1804 MR. HENDERSON: Well, I
mean not perse, except that we think that it sends an important signal that
interested stakeholders like that feel that they need to come before this
Commission to identify needs that are going unmet and I think that is a signal
for us, for the Commission, for the community, for everybody that the way we are
spending our money right now might need some fine tuning and
adjustment.
1805 COMMISSIONER
PENNEFATHER: Thank you. Thank you, Mr.
Chairman.
1806 THE CHAIRPERSON: Thank
you. Commissioner
Cugini.
1807 COMMISSIONER CUGINI:
Good afternoon. You change your
position, it forces us to go back to your original submission. So I just want to
make sure that there are some elements of your original submission for you to
confirm whether or not you still believe that that is what should make up your
now 40 per cent Canadian content.
1808 MR. HENDERSON:
Correct.
1809 COMMISSIONER CUGINI: I
think in your original submission you said 125 per cent or .25
for ‑‑
1810 MR. HENDERSON:
Yes.
1811 COMMISSIONER
CUGINI: ‑‑ for ‑‑
1812 MR. HENDERSON: 1.25,
yes.
1813 COMMISSIONER
CUGINI: ‑‑ for ‑‑
1814 MR. HENDERSON: For new and
emerging.
1815 COMMISSIONER
CUGINI: For new and
emerging.
1816 And 1.50 for those new
and emerging played in peak.
1817 MR. HENDERSON: Right.
1818 COMMISSIONER
CUGINI: Is that still your
position?
1819 MR. ZOLF: Commissioner Cugini, that has evolved
slightly, given our discussions, looking at the all the filings that have been
filed, as Mr. Henderson said.
1820 So I think in fact it
has evolved slightly to look more at including the bonus only in peak
periods.
1821 MR. HENDERSON: Correct.
1822 COMMISSIONER
CUGINI: So 150 percent or
125?
1823 MR. HENDERSON: No, 125.
1824 MR. ZOLF: One hundred and
twenty‑five.
1825 MR. HENDERSON: In fact, I think we can ‑‑ and
Debra or Duncan may be able to give you a better breakdown on
this.
1826 We sort of know exactly
what that means.
1827 If we go to 40 and we
offer a 1.25 bonus that is taken advantage to the max, to lower the overall
content to 35, that would amount ‑‑ and correct me if I am wrong,
Debra ‑‑ to 56 additional spins in a given week.
1828 MS McLAUGHLIN: That's correct. That is new and emerging
spins.
1829 MR. HENDERSON: New and emerging
spins.
1830 And Jeremy, I think
from your perspective as a promotion guy, that is a lot of new spins in a
week.
1831 MR. SUMMERS: Well, it's a great opportunity for all
of our new artists, of course.
1832 MR. HENDERSON: Right. So that is kind of how we came up with
that number.
1833 The other important
factor in thinking about this was there is no point in giving bonuses that are
too large, because if they are too big, if it's 1.5, then you get down to your
35 percent too easily without enough new and emerging spins to make a
difference.
1834 So in the two months
since that time, doing an awful lot of thinking about this and refining, we felt
1.25 seems to be right and most importantly Canadians need to hear this. You don't want to bonus somebody for
playing something at a time when nobody is listening. You want to bonus them for playing it
when they are listening.
1835 And the point that I
think I made in our presentation is that Canadians actually want
this.
1836 Debra's study, which I
am sure you have read and are familiar with, suggests that in those markets
where diversity is offered, then the listenership in that key demo is more
loyal. It stays with the
station. The tuned times in the
18‑to‑24 bracket are not down to the same extent that they
are.
1837 That's what Duncan's
polling has told us. That's what
Debra's research has confirmed.
1838 COMMISSIONER
CUGINI: Can you also then confirm
what it is that you mean by peak listening times.
1839 Your original
submission also alluded to perhaps increasing quota levels during drive home and
morning drive periods on radio.
1840 Is this bonus to be
applied from 6:00 a.m. to 6:00 p.m. or only for those drive home and
morning drive peak hours?
1841 MR. ZOLF: Commissioner Cugini, it would only be
applied in the peak hours, from 6:00 to 9:00 in the morning, and I guess the
drive ‑‑ the drive and drive periods as often referred to; and I guess the
3:00 to 6:00 period or the drive‑home period.
1842 I think Debra could
clarify that.
1843 MS McLAUGHLIN: There are some variations across markets
in Canada drive starts. The intense
listening peaks a little bit earlier in Toronto, for example, than it would in
Regina.
1844 So there are some
variations.
1845 One of the things we
have discussed is the working committee that has been proposed would actually
look at that, because there is no intent to disproportionately disadvantage any
smaller station or not to take advantage of the opportunity to have this played
in peak periods.
1846 I think the original
intent was 6:00 to 9:00 and 4:00 to 7:00, but it would have to be
examined.
1847 COMMISSIONER
CUGINI: Therefore, would your
recommendation be that in recognition of the various markets across the country
that radio stations apply for this change to their conditions of licence as
opposed to it being in a general regulatory framework?
1848 MR. ZOLF: I could answer that, Commissioner
Cugini.
1849 I think that discussion
took place earlier today, and I think to some extent going by condition of
licence may be a more appropriate way to calibrate, to use that word, the
applicable restriction, given that licensee's condition on a case by case
basis. Yes.
1850 COMMISSIONER
CUGINI: Is your definition of a new
and emerging artist unchanged from your original
submission?
1851 MR. HENDERSON: Correct.
1852 COMMISSIONER
CUGINI: So you still contend that
gold certified for the first time could be part of the
definition.
1853 MR. HENDERSON: Correct. And I think, if I may, some of the
potential negative outcomes that you suggested are actually obviated if you are
focused on the artist.
1854 By the way, I do think
that this working group, or however we figure this out, there is going to have
to be a list of grandfathered artists that don't somehow get to qualify. We are going to have to comb through the
list to a certain extent to make sure that we have this
right.
1855 But once we've got it
dealt with from a heritage perspective, going forward it should be very, very
easy. I don't think you are going
to find the Glass Tigers of the world sneaking in. That is certainly not the
intent.
1856 COMMISSIONER
CUGINI: Just one more question with
regard to your original submission, because you alluded to making the Maple
system more artist ‑‑
1857 MR. HENDERSON: Yes.
1858 COMMISSIONER
CUGINI: So your original position
with regard to the changes to Maple are still a go.
1859 MR. HENDERSON: Yes.
1860 COMMISSIONER
CUGINI: All
right.
1861 Mr. Summers, your
example of Mobile, you said Universal released their first single nine months
ago.
1862 MR. SUMMERS: Yes.
1863 COMMISSIONER
CUGINI: Is Universal the first
record company that they signed with?
1864 MR. SUMMERS: Yes.
1865 COMMISSIONER
CUGINI: Have they reached Top 40
status?
1866 MR. SUMMERS: They have now,
yes.
1867 COMMISSIONER
CUGINI: They have now. And how long has it
been?
1868 MR. SUMMERS: On their second single now, we hit
probably a month ago; maybe six weeks ago but probably a month ago, right in
time for release.
1869 COMMISSIONER
CUGINI: So based on that and based
on the fact that you just released their single nine months ago, and based on
your definition, do you feel that it is appropriate that from now until a year
from now is when radio stations receive the
credit?
1870 In other words, should
new and emerging artists be given more credit, I mean for a longer period of
time? Is a year enough, in other
words, once they hit the Top 40 to become an established
artist?
1871 MR. SUMMERS: We feel that a year in the life cycle of
a project is a reasonable amount of time to allow this artist to go to the next
level.
1872 MR. HENDERSON: If I might add, also if it's too long,
then we are sort of replicating the problem. We want to create churn in the
system. You want artists who have
achieved that level.
1873 And a year is a
significant period of time, in the case of Mobile, to be considered to be a new
and emerging act while Universal is consolidating their career and they have
commitments around the world. That
is a significant period of time.
1874 But yes, then it is
time to accept the fact that you are not new and emerging, and now it's time for
radio to move on to a new new and emerging act.
1875 I might add that by
focusing in this way, we avoid a lot of anomalous circumstances. If you focus on say the release of a
record, I can think of a number of artists' careers, who if you were talking
about ‑‑ let's look at when their first record was released and then add
two years.
1876 My wife's own band,
Cowboy Junkies, put out a record called "Whites Off Earth Now!!" in 1985 and it
wasn't until 1989 that "The Trinity Session" ‑‑ and I might add that was a
full year and a half into that record's life ‑‑ started to achieve the sort
of level of success that would have made people say well, you know, maybe they
are not new and emerging any more.
1877 So I think the key
is: What is an issue that we can
agree on? You're a gold act. That's the certification. You are on the Top 40. That's something we can all agree
on. And if it's not, let's find a
better one. It's the one that we
thought works best.
1878 That is a really clear
number and then we add a year and then we move on. We feel that that will significantly add
to the churn of new and emerging talent so that Canadians get the diversity they
want. They will be hearing new
stuff all the time.
1879 COMMISSIONER
CUGINI: Just one final
question.
1880 You volunteered to be
on this working group. Who else do
you suggest or who else do you recommend be represented in the working
group?
1881 MR. HENDERSON: I think it's going to have to be every
stakeholder that has something to say about this. Clearly, that is radio, the independent
community, the artist community.
They are all going to have views on this.
1882 But I honestly think it
is not going to be that difficult.
1883 The Commission has
existing sort of methods to monitor and reports that are required, as I
understand. So I don't think we are
starting from scratch here.
1884 We have a firm basis on
which we can start and then to that we add the incredible advances that
technology has given us in terms of our ability to measure spins and to keep
track of what different stations are doing.
1885 We now can do that on a
level that was unthought of before.
Somehow I am sure we can come up with a relatively simple, streamlined
approach which doesn't involve this Commission in a heavy foot onto a free
market.
1886 COMMISSIONER
CUGINI: I lied. That wasn't my final
question.
1887 What was the tipping
point in the thousands of pages that you read that made you change your position
to a Smart 40?
1888 MR. HENDERSON: Well, for one, I think it was a
misunderstanding.
1889 Our original
proposition never envisaged going below 35. I have to apologize everyone who formed
the opinion based on reading those paragraphs that we were proposing something
that started at 35 and would allow people to go. I read this in the newspaper today, and
it is just not what we said.
1890 In the aftermath, when
you look at it and you realize that it is 56 tracks, 56 new spins, while it's
significant, it's not onerous.
Forty percent seems to be a reasonable number; 35 percent we deem to be
an optimal number that the system seems to be able to support with new and
emerging acts in the mix. It can
work.
1891 So I would say that was
the tipping point, was just realizing that we probably had not been clear
enough.
1892 So I don't think our
position on 35 or 40 ever really changed.
1893 I think what we said
was: Look, it's either going to be
done by a quota or it's going to be done by some sort of a bonus
system.
1894 But 35 is the
number. And what's wrong with
35? What's wrong with it? It needs a better
mix.
1895 So this is how we
propose. And we propose a bonus
system which we think is less invasive but ‑‑ and we stand by this in our
submissions ‑‑ as we monitor this two years on, if we find that we are
encountering the same sort of problems, then the Commission may have to look at
that mid‑term course correction and that may mean quotas.
1896 But I really doubt that
that is going to be the case. I am
persuaded from all of my conversations with radio.
1897 Jeremy and I met with
radio in the run‑up to this. I
think there is a real appetite for this bonus.
1898 Even among
stations ‑‑ correct me if I am wrong, Jeremy ‑‑ that play sort of
classic formats that might otherwise not today consider adding a new artist
would consider.
1899 Is that
correct?
1900 MR. SUMMERS: Yes, and I think that addresses the burn
factor that they are dealing with now.
1901 MR. HENDERSON: Tonight in Ottawa ‑‑ or was it
yesterday?
1902 MR. SUMMERS: No,
tonight.
1903 MR. HENDERSON: Black Crowes playing with Matt
Mays. Now there's a
mix.
1904 If we can get Matt Mays
on the radio with Black Crowes, then we are doing something. And I think radio will do
that.
1905 COMMISSIONER
CUGINI: Thank you very much, Mr.
Chairman. Those are all of my
questions.
1906 THE CHAIRPERSON: Thank you.
1907 Mr.
Arpin.
1908 COMMISSIONER
ARPIN: Thank you,
Mr. Chairman.
1909 I have a few questions
regarding your Smart 40 percent.
1910 I want to learn a bit
more about your own experience with promoting Canadian new and emerging artists
in French Canada. I am not talking
new and emerging French Canadian artists, but I am talking, say, Mobile, say the
groups you have been referring to earlier.
1911 What has been your
experience so far?
1912 MR. SUMMERS: Well, Mobile is a fantastic example
because they are actually from Montreal.
So that is one area that we have been very fortunate with the players in
Quebec, that they have really embraced Mobile as a local group and a local
entity and really been huge drivers for us in that area.
1913 I will be honest with
you. Outside of removing that
exception of the local English artist, it is difficult for us to take a west
coast English Canadian rock act, English Canadian pop act and have great success
in Quebec.
1914 It is much more
difficult to get them started on the air.
1915 COMMISSIONER
ARPIN: And I will say I suspect the
same thing happened with Simple Plan and Arcade Fire. I have read that Arcade Fire had never
been played on the French broadcast until they reached the top 40 in the
U.S.
1916 MR. SUMMERS: Well, someone actually said to me when I
was introducing Mobile and enlisting their support that they had told Warners,
when they came with Simple Plan, that right now I can satisfy my English
quotient with Madonna. As long as I
can do that, then you need to go build Simple Plan into a hit so that my
listeners are demanding it.
1917 And that was said in
reference to Mobile.
1918 I am proud to say that
we did and that the audience demand called for that group on the
air.
1919 COMMISSIONER
ARPIN: Mr. Henderson, as you know,
the Commission is trying to apply national rules and that means that the same
standard will apply in French Canada as in English Canada.
1920 Have you thought how
the smart 40 percent will work in French Canada?
1921 MR. HENDERSON: I think we are not necessarily thinking,
am I correct, that this would apply in Quebec. There are very different standards for
the performance of French language music in Quebec.
1922 I wouldn't advocate a
smart 40 for Quebec.
1923 MR. ZOLF: Just to reiterate that, Commissioner
Arpin, the bonus system that CRIA came up with was really calibrated for ‑‑
the objective of it was to focus on the English market and based on its
experience in the English market.
1924 If the Commission would
want CRIA's views on that, we would be happy to do some thinking and provide
it.
1925 COMMISSIONER
ARPIN: Surely we will like to get
your comments, because obviously when it comes time to make our own decision we
will like to see what you have been able to come up
with.
1926 MR. HENDERSON: I think the situation in Quebec is
measurably different.
1927 COMMISSIONER
ARPIN: Oh, it
is.
1928 MR. HENDERSON: I looked at the Commission's Public
Notice in effect as a call to arms to English Canada, because the development of
new and emerging talent in Quebec is substantial, significant, noticeable,
measurable, everything, and we had not done that.
1929 So I feel that all of
us on this side ‑‑
1930 COMMISSIONER
ARPIN: But your members' companies
are trying to promote Canadian emerging and new artists all across the
country.
1931 MR. HENDERSON: Yes.
1932 COMMISSIONER
ARPIN: Not only in nine of the
provinces and three of the territories.
1933 MR. HENDERSON: Our members? Well, in fact, in Quebec our members
have very little involvement.
1934 COMMISSIONER
ARPIN: Yes. But even if it's little, there is
some ‑‑
1935 MR. HENDERSON: Correct, yes. That is
correct.
1936 COMMISSIONER
ARPIN: So that's the why of my
question.
1937 Could I try a different
assumption on your smart 40. Rather
than promoting new Canadian and emerging artists, I want to have your
comment. Say the first 35 percent
is the usual Maple, and the remaining 5 percent is the Canadian artist that
are not meeting the Canadian Maple.
1938 Do you have any views
on that?
1939 We are hearing that
Michael Buble, Bryan Adams, Celine Dion, Shania Twain are no more
Canadians. And obviously listeners,
when they are hearing that, are totally flabbergasted that they are not
Canadian.
1940 MR. HENDERSON: Right.
1941 You know, we gave an
example in the brief of how this can happen. We gave the Michael Buble example, how
the points just don't add up for him.
And we gave the example of Nelly Furtado.
1942 I can imagine that
there would be a lot more artists in the same boat. It is reflective of the fact that people
tend to record and work differently today.
1943 MR. ZOLF: Just to add to that, Commissioner Arpin,
that proposal would certainly meet the issue of the Michael Buble problem, but
of course it wouldn't deal with the problem of a new and emerging
artist.
1944 COMMISSIONER
ARPIN: Right.
1945 MR. ZOLF: So you would hate that to be a mutually
crowded out that objective to be mutually exclusive.
1946 COMMISSIONER
ARPIN: But again, the reason I am
asking the question, Mr. Henderson, is that your member companies are the ones
who hire the labels of all those Canadian artists. They surely have a view about
it.
1947 MR. HENDERSON: I think I may have not understood the
question.
1948 COMMISSIONER
ARPIN: What I said earlier is that
Michael Buble ‑‑
1949 MR. HENDERSON: Yes.
1950 COMMISSIONER ARPIN:
‑‑ and Company Limited are not meeting the threshold of the Canadian
status.
1951 MR. HENDERSON: Correct.
1952 COMMISSIONER
ARPIN: Some are claiming
that ‑‑
1953 MR. HENDERSON: They should.
1954 COMMISSIONER ARPIN:
‑‑ that they should.
1955 MR. HENDERSON: Yes.
1956 COMMISSIONER ARPIN:
‑‑ and some are saying that they are not played enough by the existing
radio stations ‑‑
1957 MR. HENDERSON: Right.
1958 COMMISSIONER ARPIN:
‑‑ because they are not meeting the Canadian status.
1959 MR. HENDERSON: Right.
1960 COMMISSIONER
ARPIN: You member companies are the
labels of those major acts.
1961 MR. HENDERSON: Right. Well, but at one point I guess I would
say Michael Bublé was not a major act.
He was a new and emerging talent.
1962 COMMISSIONER
ARPIN: Yes.
1963 MR. HENDERSON: And by simply broadening the definition
slightly, as a new and emerging talent his song would have qualified and so sort
of you enrich the pool for CanCon and you give radio a greater opportunity to
play ‑‑ you know, it just makes the pool that much
bigger.
1964 Now, Mr. Bublé
today doesn't qualify as new and emerging, so he
wouldn't ‑‑
1965 COMMISSIONER
ARPIN: And that
I understand.
1966 MR. HENDERSON: Yes.
1967 COMMISSIONER
ARPIN: I'm saying rather
than say that ‑‑ I'm working under different assumptions than the one
that you brought here to the table ‑‑ say rather than opening up the credit
for ‑‑ giving a bonus for new and emerging artists, the Commission doesn't
give any bonus at all, says the rule is 40 percent, but made up
35 percent of standard MAPLE and for the other 5 per cent we will allow the
Céline Dions of this world, and Michael Bublé, to make up that difference to
achieve the 40 percent.
1968 MR. SUMMERS: I'm not sure that that would accomplish
the aim of getting new artists. In
fact, what it would do is it would increase the quota from 35 to 40 and with
that 5 percent it would really only add in music that is currently not in the
35 percent. So it would be in
effect the status quo.
1969 COMMISSIONER
ARPIN: I have a last question and
it is based on your presentation.
It is the bottom of page 3 where I find an interesting
sentence.
"A Radio is
arguably more important today to the health of the music ecosystem than it was
eight years ago".
(As read)
1970 Now, I remember eight
years ago how radio was vital to the music industry and 15 years before
radio was the essential component of ‑‑
‑‑‑ Laughter /
Rires
1971 COMMISSIONER
ARPIN: So what do you mean by that
statement?
1972 MR. HENDERSON: It's that they have achieved some kind
of apotheosis, I think.
‑‑‑ Laughter /
Rires
1973 MR. HENDERSON: I would think that's what it
is.
1974 I guess what I'm
saying, and in fact our research has shown this ‑‑ Duncan did some research
for us a little while ago ‑‑ when Canadians are asked, you know, "Think of
your last purchase. Where did you
hear about it?" The number of
Canadians who say from radio is in fact increasing.
1975 Now, there are other
avenues that are also increasing.
Television advertising, which when I started practising law as an artist
lawyer wasn't even in the picture.
We considered artists ‑‑ you never advertised anything on television
except for K‑Tel‑type records. Now,
it's a staple of how we break artists.
1976 And word‑of‑mouth. Word‑of‑mouth has always been a major
component. In fact, to go back to
my wife's own career, Cowboy Junkies, that was a huge factor. I remember her going around to retail
thanking everybody for the word‑of‑mouth component.
1977 But, you know, in those
days word‑of‑ mouth was literally in‑store play and people talking. Now word‑of‑mouth is much more pervasive
due to the digital evolution of our marketplace.
1978 So those evolved, but
radio continues to have that sort of central position and it is where large
audiences congregate and as a result it is very valuable, and in a fragmented
environment maybe more valuable.
1979 COMMISSIONER
ARPIN: This is it for me, but I
know that my colleague, Mrs. Pennefather, wants to ask some
questions.
1980 COMMISSIONER
PENNEFATHER: Just a quick
follow‑up on that. Is it airplay or
is it promotion?
1981 Because this morning
also we talked with the panel and Mr. Parisien gave examples where what we
were talking about promotion.
Obviously through the course of many hearings we have heard a lot about
airplay, not that it's one or the other, but what I'm hearing is the reason for
your statement is more the promotion side rather than the playing of the actual
piece.
1982 Is that
true?
1983 MR. HENDERSON: Duncan...?
1984 MR. McKIE: It's a distinction that I have had
trouble conceiving myself, but I would say ‑‑ we asked people open‑endedly
why they listened to radio and over half of them said to listen to the
music.
1985 COMMISSIONER
PENNEFATHER:
Okay.
1986 MR. McKIE: Off top of mind. We asked
them ‑‑
1987 COMMISSIONER
PENNEFATHER: All demos? All age groups?
1988 MR. McKIE: Yes, I mean it is pervasive. Music still ‑‑ across all age
groups the playing of music is the principal reason people listen to
radio.
1989 Is it greater or lesser
than it was eight years ago, I couldn't really tell you that. But certainly people can't be dismissive
of the effect that that will have, both in introducing new music to people,
especially new Canadian music to people, and the effect subsequently that would
have on sales.
1990 So this distinction
between promotion and sales is somewhat lost on me. I think it's the effect, not the intent
that you have to look at, and the effect is people buy records as a consequence
of hearing them on the radio. That
hasn't changed.
1991 Whether people intend
to promote more or not is another matter.
It is effectively pushing the sale of records.
1992 I think Jeremy may have
more to say about this than me. He
does this for a living.
1993 MR. SUMMERS: I would submit that one feeds the other,
in that the successful radio stations, and many of them sitting in the room
here, will not execute a promotion or include in a promotion an artist that they
are not playing. I think that it
helps to build a familiarity which ultimately helps to make the connection for
the consumer.
1994 COMMISSIONER
PENNEFATHER: That's helpful. I was thinking also about our discussion
this morning about new technologies and the world of programming your own music
and how that connects to the role of radio now in terms of
promotion.
1995 Thank you,
Mr. Chairman.
1996 MR. McKIE: Can I make a comment on that,
because I think we submitted quite a bit of research
on ‑‑
1997 COMMISSIONER
PENNEFATHER: Yes, I have it
here.
1998 MR. McKIE: ‑‑ the
relative use of various sources for music amongst the consumer today and you can
see what the trends are.
1999 But certainly other
research we have done, especially on downloading for CRIA and other parties,
doesn't indicate that that is the sampling source that people think it is. I think that has been overblown. I mean there are people that have an
interest in suggesting that that is the case, but clearly intermediated
recommendations by people who play music on radio are important to people's
selection and it creates that kind of momentum that records need to be
sold. You don't necessarily get
that by going to some P2P site and downloading 1,000 tracks
willy‑nilly.
2000 THE CHAIRPERSON: Thank you.
2001 Ms McLaughlin,
notwithstanding the late hour, I would appreciate a clarification of, I think
it's your study submitted with the CRIA brief.
2002 Do you happen you
happen to have a copy of it? Could
you turn to page 12?
2003 MS McLAUGHLIN: Yes.
2004 THE CHAIRPERSON: I'm trying to fully understand the point
you are making on that page.
2005 This is the one, "Range
of artists played", No. 5.
2006 MS McLAUGHLIN: Yes...?
2007 THE CHAIRPERSON: Moving from the bottom up, I take it
that if I wanted to know the top 10 percent, would I go to the bottom
chart ‑‑
2008 MS McLAUGHLIN: Yes, you would.
2009 THE CHAIRPERSON:
‑‑ down to Santana basically?
2010 MS McLAUGHLIN: Yes.
2011 THE CHAIRPERSON: Okay. So those are the top 10 that you
are referring to, and you are saying that ‑‑ I'm not sure what the number
on the table above 867,175 is? I'm
not quite sure. I know that on the
following page when you provide the number of spins you provide a number of a
total of 84,354 and I'm trying to reconcile that, because I took that to be the
spins of the top 10 artists and I'm just not sure what that 867 figure
is.
2012 McLAUGHLIN: The 867 is the spins of all of the
artists.
2013 I have to admit that I
don't have all of the backup with me so I can't really go back and confirm this,
but my summary is that it is all of the spins of the artists over that period of
time, and the 10 percent is the 84,354
approximately.
2014 THE CHAIRPERSON: So that number, it should really be
84,000 in there? Because if you
look at the 27,836, it clearly would be 3 percent of that, not 33 percent
of that.
2015 MS McLAUGHLIN: You know, I'm going to have to admit to
it being very late in the day and I'm very tired and I'm sorry, I
can't ‑‑
2016 THE CHAIRPERSON: No, I don't want to press you on
that.
2017 MS McLAUGHLIN: But I will be glad to clarify
it.
2018 THE CHAIRPERSON: What is the point being made
here?
2019 When I look at the
spins and the artists and I look at the average on the next page, other than the
year and I'm not sure ‑‑ I take the point that Canadian spins seem to be
older slightly. But, I mean, if the
ratio of Canadian content to non‑Canadian is 35 to 65 and the spins is 33 to 67,
what is the point that you are making here in this? I mean, that would seem to line up
pretty well.
2020 MS McLAUGHLIN: It does line up if you are looking at
Canadian content as a whole mass, and any Canadian content is good
content.
2021 But I think the point
of this entire document and my examination was to understand how audiences are
declining if we are doing such a great job in providing diversity as the 1998
policy was intended to create.
2022 It was prefaced, and it
led me to look at the media‑based data, my findings of other studies that I had
done, and just looking at the public record from the CRTC I see the complaints,
as it were, or the same reasons for dissatisfaction scores that in any other
sort of consumer environment would be of a great deal of concern. There is less diversity, there is more
repetition.
2023 So if you look at it,
yes, it probably pretty well balances out to the intent, but the very high
concentration on a very few artists is the problem that I have
identified.
2024 THE CHAIRPERSON: All right. I see.
2025 And the fact that the
Canadian spins attract some even older than the average by two
years.
2026 MS McLAUGHLIN: That's right.
2027 THE CHAIRPERSON: All right. Thank you.
2028 Those are our questions
for this panel. Thank
you.
2029 Oh, counsel, you do
have a question? I thought I
was given a negative.
2030 Go
ahead.
2031 MS MURPHY: Just a clarification to confirm our
understanding of the means by which you propose to implement the CanCon and the
bonus system.
2032 Our understanding would
be that you would impose the 40 percent by way of regulation and invite
licensees to avail themselves of the bonus system by way of condition of
licence.
2033 MR. ZOLF: Yes, counsel, we think that would be,
for administrative ease purposes, the best way and to reflect the necessary
case‑by‑case assessment of it.
2034 MS MURPHY: And yet have the general 40 percent
applying to everyone by way of regulation?
2035 MR. ZOLF: By way of an amendment to the
regulations, correct.
2036 MS MURPHY: Yes.
2037 So our question then
is: Given the number and types of
formats of existing stations right now, and the number of new and emerging
artists that maybe be available in each of these formats, what proportion of
radio stations do you think would avail themselves of this exception by way of
condition of license, given that perhaps ‑‑ I guess our question is whether
there may not be as many new and emerging artists available in certain formats
and therefore stations would have no inclination to apply for such
an exception?
2038 MR. ZOLF: Just as a process matter, I would
probably suspect that licensees of almost every format would apply for the
condition. How many in fact would
avail themselves of the condition ‑‑
2039 MR. HENDERSON: Right.
2040 MR. ZOLF: ‑‑ is
probably what you are asking, and fair enough.
2041 I mean, certain formats
may enjoy a greater benefit of the proposal but, as we said in the written
filings and today, there are a surprisingly significant number of formats that
could benefit from the bonus and indeed use it.
2042 MR. HENDERSON: And I just think that we have to
just keep right in front of us that the central objective here is diversity
in the system and if there is a format or two out there that might not be able
to fully avail itself of the bonus system, then I would hate to see that affect
what would otherwise really tangibly benefit the majority of Canadians and
artists.
2043 MS MURPHY: Yes. Thank you.
2044 I guess it's not a
question of a such a factor preventing us from going
ahead ‑‑
2045 MR. HENDERSON: Right.
2046 MS MURPHY: ‑‑ but
rather perhaps thinking of ways of encouraging it.
2047 MR. HENDERSON: Right. My impression today, and from our
meetings with the broadcasting community, is that they are rather enthusiastic
about the idea of a bonus system.
Certainly in our one‑on‑one meetings that we had, there were radio
executives who were saying, "Yeah, hell, I'll give this a chance. If I could ‑‑ if it meant getting a
bonus, I'll do it".
2048 MR. SUMMERS: While it's hard to project, we can
certainly go through our own rosters and the independent labels that we work
with as well and I can think of artists that fit each format, if specifically
you are thinking the adult formats, that there are new and emerging artists
coming out that fit AC radio.
2049 MR. HENDERSON: Right. Yes. And they are not on at
all.
2050 MR. SUMMERS: And we go back to sonically we feel that
there are a number of new and emerging acts that fit with the heritage music as
well.
2051 MS MURPHY: Thank you. That information would be
valuable.
2052 MR. HENDERSON: Yes.
2053 MS MURPHY: If possible, if you could you have that
accessible for us by May 29th it would be greatly
appreciated.
2054 Thank you. Those are my questions. Thank you.
2055 MR. HENDERSON: Thank you.
2056 THE CHAIRPERSON: Thank you.
2057 We will break now and
resume in 15 minutes. Nous
reprendons dans 15 minutes.
‑‑‑ Upon recessing at 1817 /
Suspension à 1817
‑‑‑ Upon resuming at 1835 /
Reprise à 1835
2058 THE CHAIRPERSON: Order, please. À l'ordre, s'il vous
plaît.
2059 Madame la
Secrétaire.
2060 LA SECRÉTAIRE : Merci,
Monsieur le Président.
2061 I would now call on the
next participant, Friends of Canadian Broadcasting, to come forward for their
presentation.
2062 Mr. Ian Morrison is
appearing for the participant. Mr.
Morrison, you have 10 minutes for your presentation.
PRÉSENTATION /
PRESENTATION
2063 M. MORRISON : Monsieur
le Président, membres de la Commission.
2064 Les Amis de la
Radiodiffusion canadienne remercient le Conseil de cette occasion qui nous est
offerte de participer à cette révision de la politique sur la radio
privée.
2065 Comme vous le savez,
les Amis jouent le rôle de chien de garde pour le compte de 100,000 Canadiens
qui tiennent à défendre et à augmenter la programmation canadienne dans le
système de radiodiffusion anglophone.
2066 As you know, my name is
Ian Morrison and I speak for the Friends.
We are a group supported by 100,000 Canadians and our mission is to
defend and to enhance Canadian programming, not altogether unlike your own
mission.
2067 We endorse the
objectives of the review, in particular the principle that a well financed
commercial radio sector should contribute according to its means to the
fulfilment of the policy objectives of the Broadcasting Act, that it should make
effective contributions to Canadian artists through airplay of Canadian music
and Canadian talent development, and that it should provide listeners with
greater diversity of musical genres and airplay for a greater variety of
Canadian artists.
2068 In a recent McKinsey
Quarterly article entitled "Regulation that's good for competition," Scott
Beardsley and Diana Farrell write that:
"Crafting
regulations that encourage rather than hinder competition and growth is
increasingly tough at a time of accelerating technological change and economic
uncertainty. Politicians are under
pressure to protect troubled industries and to safeguard jobs. The work of regulators is evermore
complex which makes it evermore vital that they make wise choices." (As read)
2069 Our advice to the
Commission is that it should not lose sight of repetitive evidence from the
broadcast sector that regulation can facilitate markets and is a necessary tool
to ensure that the Act's objectives are
attained.
2070 In this regard, the
Canadian public listeners and viewers see your policies and procedures as a
means to assure themselves of the quality and variety they expect from their
public airwaves.
2071 Parliament has charged
you with stewardship of the public interest in an environment where it is
unreasonable to expect that commercial interests and the public interest can
ever completely align.
2072 Friends believes that
the Commission's current policies with respect to concentration of ownership in
a given market and between formats therein and in the overall Canadian
marketplace are functional. You
should beware of comments from vested interests seeking to persuade you to
permit still further concentration.
2073 According to St.
Luke:
"Those to whom much
has been given, of them much is also expected." (As
read)
2074 The prophet data
reflected in the Commission's recent annual reports suggest that you are dealing
in the aggregate with a healthy industry and one capable of making substantial
contributions towards Parliament's goals on behalf of the listening audience as
reflected in the Act, and this health is important because only financially
healthy radio broadcasters will be in a position to contribute to the goals of
the Act you are charged with advancing.
2075 The vast majority of
Canadian radio stations, especially those in major markets, are owned by public
companies that must compete with all other public companies for investment. We recognize, therefore, that their
returns need to be competitive with those in other
industries.
2076 Canadians want and need
a distinctively Canadian presence on Canadian radio. At the same time we need to take account
of the economic and business realities of a changing technological
landscape.
2077 Friends recognizes that
in common with conventional television, radio is facing many sources of audience
fragmentation, including iPods capable of holding thousands of songs; the
introduction of iPod‑like phones which will exacerbate this tendency; the
internet, not only because of the amount of time dedicated to the net especially
by younger listeners but because of the creation of hundreds of alternative
sources of music and internet radio stations, including peer‑to‑peer downloading
of music; and the arrival of satellite radio which will also impact older
listeners as it is expected that the cost of satellite radio equipment and
ongoing subscription costs may create a slightly older audience
skew.
2078 To a large extent, our
Canadian broadcasting system is based on a cross‑subsidization
model.
2079 In the case of radio,
exclusive frequency franchises have been approved by the Commission in exchange
for specific commitments to Canadian content and to the development of Canadian
artists.
2080 We note, however, that
the new content providers now have both at home and mobile access to the
Canadian population without any substantial commitment to the Canadian
broadcasting system. Where
possible, these platforms need to make a contribution to the Canadian
broadcasting system and not just gobble audience and
revenue.
2081 Cellphone companies
will clearly profit from the downloading of music and digital content to
cellphones as well as iPod cellphones.
A percentage of these revenues should be put back into the Canadian
broadcasting system through FACTOR or similar mechanisms the Commission should
mandate.
2082 With respect to local
management and sales agreements, Friends' advice to the Commission is that such
arrangements which inherently reduce competition and diversity should be
employed only on an exceptional basis and in those circumstances require
substantial supervision to ensure that the parties respect their public
obligations.
2083 We remind the
Commission of our intervention regarding the Sudbury market where our supporters
detected abusive masquerading by two of the dominant industrial players in
recent years, Rogers and Newcap.
Their behaviour amply demonstrated the need for effective regulation in
an ownership‑concentrated radio broadcasting system.
2084 The 1998 Canadian
Content Regulations have been a great success. Owing to turnover in your leadership,
there may currently be only a few commissioners who experienced directly the
pressure from the CAB lobby when your Commission decided in 1998 to raise the
bar for Canadian music.
2085 That pressure was
intense, repugnant and entirely without merit, as subsequent experience has made
clear, and we recommend mature scepticism to similar entreaties during the 2006
review process.
2086 We also recommend that
you raise the bar for Category 2 popular music to 40 per cent on a daily 6 a.m.
to 6 p.m. basis in the new policy with at least a quarter of this minimum for
new and emerging genres and artists.
2087 Recent statistics on
the fragile health of the Canadian music industry suggest that this
recommendation is desirable both from an industrial and a listener point of
view.
2088 Friends supports the
logic of a 10 per cent Canadian talent development benefit upon transfers or
changes of ownership and control of radio licensees.
2089 The commercial radio
sector is a vital part of the communications infrastructure in communities
across the land. The Commission
should beware of any proposals to reduce the obligation of commercial radio
stations to present substantial amounts of locally produced news and information
programming. This should apply to
all stations without exception.
2090 If any changes are
desirable, they should move in the direction of strengthening these
obligations.
2091 Leaving this to
voluntary commitment is not warranted in view of the conflict of interest
inherent where commercial radio undertakings seek to reduce local labour costs
and import content from distant often non‑Canadian locations. This factor is of greatest concern in
small‑ and medium‑size markets where fewer alternative sources of local news and
information are available.
2092 Strengthening local
programming is also a front line in the defence of commercial radio from its
distance‑free competitors. It is a
feature that advances commercial radio's competitive
advantage.
2093 In the transition from
analog to digital formats, the Commission should follow the principle that its
prime duty is to ensure that the policy objectives of the Act prevail over
technological considerations.
2094 The Commission should
articulate a policy on radio infomercials akin to those in its television
policy. In considering
representations from commercial radio interests, the Commission should bear in
mind that only its policy protects the listening public from
abuse.
2095 If a licensee were to
state that such regulation is neither necessary nor desirable, the question that
must be answered is how could it ever be appropriate and in the listener's
interest for an infomercial to be broadcast without being clearly identified as
paid commercial programming?
2096 The Commission's radio
policy is a buttress for democratic participation and cultural sovereignty in a
country with a relatively small population sharing the North American continent
with the United States of America.
As Canada's economic relationship with the U.S. draws closer, it becomes
more important than ever to strengthen Canadian cultural sovereignty. This may be only an opinion but it is
one shared by 87 per cent of Canadians.
2097 Radio policy is an
important component of this task.
We wish the Commission well in addressing this challenge and we look
forward to contributing further to the process.
2098 Thank you, Mr. Chair,
members of the Commission.
2099 THE CHAIRPERSON: Thank you, Mr. Morrison. I have a few questions resulting from
your written presentation and today's oral presentation.
2100 First of all, at page 4
where you reiterate the position that the Category 2 popular music level should
be raised to 40 per cent Canadian content, I see you have added in your oral
presentation the additional notion of a quarter of this minimum now being for
new and emerging genres and artists.
2101 MR. MORRISON: That is a more modest amendment to our
original position than others that have been put to you
today.
2102 THE CHAIRPERSON: Right. Have you thought about the test for what
a new and emerging artist would be for purposes of that
test?
2103 MR. MORRISON: That is not really our area of
expertise, Mr. Chair. We will
just ‑‑ if we have any thoughts we will submit them by the 29th of May and
I won't waste your time with my idle chatter on that
subject.
‑‑‑ Laughter /
Rires
2104 THE CHAIRPERSON: Thank you, I appreciate
that.
2105 The numbers 40 and then
10 per cent for CTD, what were the bases for picking those particular
numbers?
2106 MR. MORRISON: Well, the number 40 came to us from
paragraph 12 of your 1998 decision where it said
that:
"The Commission is
confident that as stronger, more effective strategic relationships between the
radio and music industries develop, the cooperative initiatives and efforts of
these industries to promote and support Canadian music will succeed in bringing
about a level of Canadian content that reaches 40 per cent in five years." (As read)
2107 It sounded good to
us.
2108 THE CHAIRPERSON: You are basing it on
that?
2109 MR. MORRISON: Mm‑hmm.
2110 THE CHAIRPERSON: And the 10 per cent for CTD, is it as
simple as that is the TV number, therefore let's go to it?
2111 MR. MORRISON: Yes. It has been a great success in the
television world since one of your predecessors led the effort to bring it into
existence and we think that it is an appropriate number that could be applied to
this part of the industry. Many of
the players are the same. Someone
once said, it sounds nice, I guess.
2112 THE CHAIRPERSON: Now on local news that you mention here,
do I take it that your position is that you advise us to beware of proposals to
reduce the obligation on radio stations to present a substantial amount of
locally produced news and information but are you suggesting a mandatory minimum
of such programming?
2113 MR. MORRISON: I guess I would put it to you ‑‑
Jean‑Jacques Rousseau once said, I am here to discuss principles, I will not
dispute the facts.
2114 We are coming from a
base of a lot of Canadians who share their views about the audiovisual system
with us and what we have learned, particularly in smaller and medium‑size
communities, is that people are noticing that there is a lot less of here on the
air.
2115 I think what we wanted
to communicate to you on their behalf and on behalf of larger numbers of
Canadians ‑‑ we know through public opinion research ‑‑ this is an
issue that is of very great concern.
2116 So your Commission,
with its staff and your own wisdom, and your other witnesses will come along
with proposals, we are just urging you to keep an eye on the need to defend the
local in radio as a very important value.
How you do it, again, is not necessarily our
expertise.
2117 THE CHAIRPERSON: Okay. On infomercials you have noted that the
CAB in its proposal basically accepts the proposition you are putting forward of
identifying infomercials as paid commercial programming.
2118 MR. MORRISON: Yes. An alternative would be indefensible, I
think.
2119 THE CHAIRPERSON: Okay, thank you.
2120 Just a word about the
Association. You are mentioning
that you are supported by 100,000 Canadians. Is this through annual donations of that
number of people?
2121 MR. MORRISON: Yes. There are about 66,000 households
that ‑‑ I will answer you very briefly and then I will write you a letter
in detail by May 29 but 66,000 households contribute to us over about a 24‑month
cycle, maybe only 50,000 of them in a given year. We estimate that in those households
there is an average of 1 and a half supporters. So we go from 66 to 100 in that
way.
2122 That is direct
financial support. We raised $2
million from the public in that way.
We are not a charity. So it
is after‑tax contributions averaging something in the range of $40 to $50,
Mr. Chair, but it is based on their decision of how much they wish to
invest.
2123 THE CHAIRPERSON: Thank you, those are my questions. Those are our
questions.
2124 MR. MORRISON: Take care.
2125 THE CHAIRPERSON: Thank you very
much.
2126 Madame la
Secrétaire.
2127 THE SECRETARY: Thank you,
Mr. Chairman.
2128 I would now call on the
next two participants to appear on a joint presentation, The Emerging Artist
Research and Rating Service (EARRS), and the Canadian Independent Recording
Artists' Association (CIRAA).
2129 Mr. Gregg Terrence is
appearing for the CIRAA group. You
have 15 minutes for your presentation, including the one for EARRS, as we have
understood before. Thank
you.
2130 MR. TERRENCE: Yes, of course. Thank you.
PRESENTATION /
PRÉSENTATION
2131 MR. TERRENCE: Good evening. Bon après‑midi, Mr. Chair, Monsieur le
Président, Monsieur le Vice‑Président.
Je vous remercie de m'avoir invité pour discuter des points de vue des
artistes indépendants canadiens.
2132 Je vais continuer mes
commentaires en anglais.
2133 We would first like to
thank the Commission for inviting Canada's emerging and independent artists into
this very important process. Your
recognition of this important stakeholder group is
critical.
2134 I would also like to
thank my associates at the CAB, CRIA, CIRPA and CMPA for the endless meetings at
which we attempted to find common ground.
CIRAA believes that much was gained through these meetings and that
ongoing dialogue will continue to bear fruit.
2135 In our 15 minutes we
would like to address three items, CanCon, CTD and EARRS for about five minutes
each.
2136 CanCon. Although it may appear to the Commission
that very little was accomplished to settle issues between stakeholders before
coming here, in fact, much work has been done to create understanding for the
needs of emerging artists.
2137 The broadcasters have
identified the need for more emerging artist airplay within CanCon. Record companies and publishers
represented by CRIA, CIRPA and CMPA are also firmly in support of more emerging
artist airplay.
2138 CIRAA can also confirm
the obvious that Canadian inde artists are overwhelmingly supportive of measures
aimed at making CanCon progressive or CanCon Pro as we call
it.
2139 That Canadian artists,
record companies, publishers and broadcasters are all agreed on the need for
more emerging artist airplay leaves us in the fortunate position of focusing our
discussions on how and less about if.
2140 Most participants are
proposing a bonus or incentive system.
CIRAA believes a simple and fair quota is the most effective and most
direct and easiest to monitor solution.
2141 Now as the author of
letsfixCanCon.ca, which proposed a bonus system, it may come as a surprise to
you that I am here advocating a quota.
While we appreciate that many submissions made reference to
letsfixCanCon.ca and that many have endorsed our bonus concepts, this change in
position did not come lightly or without much
analysis.
2142 The inherent problem
with bonus systems is that many stations, and in all likelihood the ones that
play the fewest emerging artists today, can simply choose to keep their
playlists unchanged and not take part in incentives, and the stations that are
already playing some emerging artists, urban and country stations specifically,
will simply see their CanCon reduced, which in turn could and would reduce
emerging artist airplay.
2143 Only having bonuses
may, in fact, worsen things for emerging artists and blow up in all our well
intentioned faces, including my own.
2144 A simple and fair quota
that requires minimum emerging artist airplay would assure that this issue is
properly and finally addressed.
2145 It is worth noting that
even in CRIA's final analysis of their bonus systems, they added that to avoid
dependence on voluntary compliance, the Commission may wish to simplify matters
and apply an emerging artist quota, and I believe they repeated it here
today.
2146 CIRAA is suggesting
that while a bonus system may work that there is a significant risk that it will
fail to accomplish what radio labels, publishers, artists and the public are
seeking.
2147 Therefore, to avoid
risking a failed policy or avoid revisiting this important policy every couple
of years, as CAB is suggesting, or having to constantly make adjustments to a
bonus system that is never quite right, the CRTC can get to the very heart of
the matter and establish a quota within CanCon that will be clear to
broadcasters, clear to the music industry, and importantly, clear to the
public.
2148 We ask: Where would CanCon be if in 1970 the
CRTC had decided that voluntary participation in incentives was the way to
increase Canadian content on radio and TV?
Would the CRTC have accomplished one of the world's most successful
cultural policies?
2149 CIRAA is proposing that
one‑third or 33 per cent of all CanCon be that of emerging artists during the
day.
2150 Ultimately, the actual
quota figure the Commission sets must be balanced against the definition of
emerging artist. For example, if
the bar is set so high that only Bryan Adams is considered established, then a
99 per cent emerging artist quota would be reasonable. The reverse is also
true.
2151 We suggest that the bar
be set relatively high so that there is no question to the public or by artists
or their labels when artists are considered established. This is why a figure like the one we
discussed, one billion cumulative audience number, is attractive to
us.
2152 To be clear ‑‑
this is not in my written statement but to be clear, earlier today CIRPA
described our proposals as aimed at unsigned artists only, which couldn't be
further from the truth. Our
definitions of "emerging" and our viewpoints are not ‑‑ just because that
is who we represent doesn't mean that that is what our proposals are
suggesting.
2153 We are not suggesting
that commercial radio begin sounding like college radio. We are saying that Universal has
emerging artists, Maple Music has emerging artists and there are unsigned
emerging artists, and our entire proposal is based on the entirety of emerging
artists and not for unsigned artists only ‑‑ just to make that abundantly
clear because the opposite was stated earlier.
2154 We believe a high
graduation bar necessitates a significant quota like the 33 per cent we are
proposing. CIRAA does not believe
that an artist can be considered established by merely touching the Top 40 once,
as is currently the case and as many are suggesting. The cumulative figures are available at
all times and should be used to determine cumulative exposure on
radio.
2155 Earlier we heard about
the band called Mobile which has barely scratched the surface of exposure in
Canada. I am not sure if anybody in
the room has even heard of them ‑‑ great, and I have as well but they have
not had an impact on Canadian society and that in 12 months from now they are
going to be considered established, to us, means the system is not quite
right. Even though CRIA used it as
an example to support, we think it is a perfect example of why not, why it is
not a good idea.
2156 Time should not be a
determining factor at all. If Ron
Sexsmith needs six albums before hitting his stride, he should be allowed to
blossom. If an artist has not
reached cumulative exposure levels over the period of a lifetime, they are still
an emerging radio star and should be considered as such.
2157 This concludes our
CanCon comments.
2158 CTD. I will cut to the chase here. CAB's proposal to withdraw CTD funding
from STARMAKER, which only invests in proven successes, would be nothing short
of catastrophic to the Canadian music industry. The term "Canadian talent development"
would be rendered wholly inaccurate.
2159 In fact, what is
required to bolster the music industry and improve the music supply chain is
investment in the other direction, towards grassroots
funding.
2160 As our submission
details, STARMAKER is not designed or meant for grassroots funding and FACTOR
has nearly removed itself completely from grassroots funding to a point that
only 9 per cent of their funds are even available to unsigned artists. Never before now has this imbalance been
more harmful.
2161 Today's inde artists
can be autonomous. New digital
recording technology has made recording music affordable. Worldwide distribution is available at
the click of a button. Worldwide
viral promotion in places like My Space requires only a computer and internet
access.
2162 Websites like Sonicbids
allow artists to easily apply to festivals anywhere in the world. Online resources are allowing artists to
research any club or radio station, find new opportunities and network with
like‑minded artists anywhere.
Artist autonomy is happening today.
2163 I point to a submission
by D'Ari Pouyat of the unsigned band Nine Mile and I
quote:
"My band Nine Mile
has played two sold out tours in Australia and receives a significant amount of
radio support there. We've toured
Canada countless times. We've
probably played to hundreds of thousands of people when you count it. We've opened for Avril Lavigne at the
sold out Air Canada Centre. We've
sold over 10,000 CDs, have a full‑time manager that's received a STARMAKER
grant. We have our own merch
company, investors, a tour manager and work with the largest full service
booking agency in the country, a pretty complete infrastructure by most
accounts. The funny thing is we've
been refused by FACTOR five times out of five tries. The real shame is that because the
support dollars simply aren't available to unsigned bands like ours, I spend
every waking moment off stage worrying about investors and creditors, finding
money to put fuel in the van. We
should be writing more often and our focus should be on our craft. We should be at our best as we tour
around the world representing this great country of ours." (As read)
2164 To us this submission
stood out as the headline. It
stands out as what we believe represents what we hear on a daily
basis.
2165 The experience
described by Mr. Pouyat is not uncommon. Unfortunately, our funding systems have
been based on traditional music industry models on which an artist must get
signed in order to be successful.
2166 We are here to say that
times have changed and Canadian Talent Development funding can no longer ignore
this growing and important group.
By the time the next radio review comes around an autonomous
artist‑centred universe will be commonplace.
2167 Before it is too late,
we must modernize CTD so that grassroots funding is in place for Canada's
autonomous artists and for those that are preparing to be signed to a record
company. Either way grassroots
funding will be critical in the new music industry. New thinking is required, new programs
are required, and funding is required to prepare Canada's future starts for the
new music industry.
2168 This would be exactly
the wrong time for broadcaster's CTD contributions to be removed from grassroots
funding. In fact, considering the
enormous broadcaster profits brought about by existing policies, now is the time to view the artist
development process in its entirety and invest in the new music
industry.
2169 We are asking the
Commission to give CIRAA a mandate to submit a proposal for the Commission's
consideration detailing how a new non‑profit grassroots fund could be
administered and operated. We will
invite music industry grassroots leaders from the across the country to join the
board of directors to form a representative and coherent leadership
team.
2170 A new grassroots fund
will specialize on the needs of unsigned and autonomous artists and would
be unconstrained by traditional music industry infrastructures that require full
albums that are radio‑ready.
2171 Administrative costs
will be held to a minimum with modern online application systems in order to
maximize the dollars going to artists.
2172 Accountability and
transparency will be key words in this new organization. Artist accountability with measurable
results, fund accountability to the CRTC, the broadcasters and
the public.
2173 We understand, based on
everything we have heard so far today, that the music industry
establishment fears the creation of a new fund because it may jeopardize
other funding organizations like FACTOR.
2174 While there is no doubt
that FACTOR and Starmaker are very important to the music supply chain and their
funding should remain intact, neither are grassroots funds lead by grassroots
leaders. We simply believe that new
CTD funds should be directed to grassroots artists through a grassroots fund led
by grassroots leaders. The
grassroots are starving for care at this precarious time and we urge the
Commission to consider them when determining the CTD course of
action.
2175 I thank the Commission
for its time and attention.
2176 This concludes CIRAA's
remarks. I will take your questions
on CIRAA after the five minute EARRS time.
2177 I'm going to ask David
Bray to now join me for the EARRS session.
I will just do a short intro and David can take
over.
2178 EARRS, Emerging Artist
Research and Rating Service. As it
began to become apparent that there was growing consensus around the need for
more progressive CanCon system which provided more airplay for emerging artists,
the question that began to resonate was:
Well, how will this all work in the real world? What does the music director in
Lethbridge or Moncton do when he or she gets inundated with 150 CDs a
month? How do small market radio
stations with small budgets get the most out of their new emerging artist
requirements?
2179 That is what myself and
my associates, David Bray and Bob Mackowycz started working on a non‑profit
called EARRS which efficiently utilizes CTD funding to listen to, evaluate, rank
and deliver emerging Canadian music to radio.
2180 By using modern
research methodology that David will be discussing, we will be offering Canadian
radio the tools it needs to know everything they need to know about Canadian
emerging artists that other consultants will not be able
to.
2181 EARRS will provide two
fundamental services, one that we actually heard discussed by the CAB about a
service in France that actually exists and I only heard about it today for the
first time.
2182 In association with our
partner BDS and the representative board of directors, EARRS will monitor
and post the defining list of established and emerging artists based on whatever
definition the CRTC chooses.
2183 Two, we will gather
data and research from consumers, radio programmers and music industry experts
and provide all Canadian radio stations with rankings and results of emerging
artist music testing.
2184 Research is in radio's
DNA and EARRS will provide the missing link between the worlds of the emerging
artists and the rigorous demands of radio playlists.
2185 I would like to now
introduce EARRS Co‑Chair, David Bray, who is Senior Vice‑President of Hennesy
Bray Communications and is one of Canada's most accomplished radio
analysts. He served as Vice‑Chair
of BBM Radio Executive, Chair of BBM Survey Task Force that initiated
measurement methodologies currently used in Canada. David also chaired the National Digital
Radio Programming Committee.
2186 MR. BRAY: Thank you. Thank you very much for the opportunity
to present on behalf of Emerging Artist Research and Rating
Service.
2187 When it comes to
broadcasting in Canada most of us ‑‑ that being broadcasters, advertisers
and the music industry ‑‑ play by the numbers in one way or another. Audience reach and hours tuned, ad
expenditures and target demos, chart positions, playlist ads, the key is
understanding the interrelationship of all these disparate
factors.
2188 We must also establish
comprehensive definitions. This
kind of substantiation is critical if we are to keep the discussion moving
forward beyond the lobbies which offer a variety of differing
opinions.
2189 EARRS began by looking
at 427 stations for which we have BBM audience tuning figures based on an
8‑week survey. From there we broke
out the total audience percent reach, total hours tuned and percentage share of
all hours tuned to each format nationally for various
demographics.
2190 Next we examined
playlist ads to commercial stations for eight random weeks. We used a sampling of stations from each
category to determine the average number of weekly playlist ads, the average
number of weekly CanCon playlist ads and the number of playlist ads which were
independent releases. We defined
"independent" as those releases without major label
distribution.
2191 Last, we looked at the
percentage of all radio buys for target demos across Canada. Again I want to stress that. The rationale for this is the fact that
potential ad revenue has a major impact when determining format profiles from a
programming perspective.
2192 We also looked at the
anomalies when these percentages were compared to the make‑up of the Canadian
population. This is a pivotal point
that is rarely discussed and I find it shocking given the cultural mandate of
the Broadcast Act that this point hasn't even been raised today. But, at any rate, we did take a look at
that.
2193 We analyzed the average
number of weekly playlist ads by format.
Given the different nature of these formats, the averages differ
substantially. I have given you
those numbers and I won't take up your time to cover that
off.
2194 I will summarize by
saying, opportunities for independent recording artists are best with CHR and
country, but extremely limited for all other formats. Even with CHR at just a little over
19 ads per year per station, and country with 16.25 ads per year per
station, the prospects remain very limited. This is especially true when we look at
the number of new CD releases each year.
2195 With regard to CanCon
ads, the playlisted cuts are, for the most part, uniform across all stations in
the format, with some very rare exceptions for regional
artists.
2196 The majority of CanCon
spots are taken up by a narrow list of high profile artists, those being Sum 41,
Shania Twain, Simple Plan, Avril Lavigne, et cetera.
2197 Critically acclaimed
artists, for example Bruce Cochburn, Susan Aglukark, Kathleen Edwards, et
cetera, that did not fit format constraints go virtually without
airplay.
2198 EARRS was established
to help radio deal with the vast number of Canadian recordings that would need
to be assessed and filtered in a value‑added emerging artist scenario. Thousands of CDs are released in Canada
each year and the simple fact is most new releases go unheard. This is a very real practical
problem.
2199 I have had the good
fortune to sit probably in just about every major radio station in the country
and any music director or program director can kick out a box of CDs and say,
"Do you really expect me to listen to all of these in a given week?" It's no one's fault, there just is a
tremendous amount of material to go through.
2200 EARRS guarantees that
every recording submitted will be listened to, analyzed and evaluated by radio
consumers, as well as radio and music industry
professionals.
2201 EARRS, working with a
distinguished list of partners, those being BDS and Musicrypt, proposes to
deliver ground‑breaking assistance to both broadcasters and emerging
artists. We are not a lobby
organization. I'm not here to lobby
for any point of view. We are
simply a bridge to work between the artists and the broadcasters, trying to
understand both points of view and trying to make it work.
2202 Three panels will be
enlisted which will listen to and analyze all the new releases
submitted. The research assessing
new releases will be disciplined, thorough and ongoing. Results will be quantified and
issued in charts which will be updated weekly.
2203 The guarantee that all
new material will be listened to and given an opportunity is unprecedented in
the history of radio. The three
strategically chosen panels will be as follows:
2204 Panel 1 would
consist of approximately 50 to 100 program and music
directors;
2205 Panel 2 would consist
of approximately 50 to 100 music industry persons;
2206 Panel 3 would be a
panel of 500 to 1,000 listeners and music consumers across the
country.
2207 All new emerging artist
releases divided by format will sit on a secure website which will be accessed
by ‑‑
2208 THE CHAIRPERSON: Mr. Bray ‑‑
2209 MR. BRAY: Yes...?
2210 THE CHAIRPERSON:
‑‑ I don't mean to interrupt you, but we have read your brief and you are
basically reading your brief.
2211 MR. BRAY: Okay, my apologies
then.
2212 I will simply
summarize, then, by saying that we will ‑‑ bear with me. I will cut to the chase, if I
may.
2213 THE CHAIRPERSON: Cut to the
yours truly.
2214 MR. BRAY: Cut to the yours
truly, yes.
‑‑‑ Laughter /
Rires
2215 MR. BRAY: We simply want to make the point that
EARRS is here to serve as a bridge, a bridge between the new music and the
broadcasters, trying to understand both points of view, trying to protect the
legacy of Canadian music and offering our artists a very real and very practical
alternative in terms of making sure that the work is
played.
2216 We are thrilled to be a
part of this discussion and we would like to think that we are offering a very
pragmatic solution.
2217 THE CHAIRPERSON: Thank you very
much.
2218 Commissioner
Pennefather.
2219 COMMISSIONER
PENNEFATHER: Thank you,
Mr. Chairman. Good
evening.
2220 We will go in the order
of your presentation. I have just
some clarification questions for you regarding the grassroots
fund.
2221 I guess the first
question is the obvious one. A
number of participants have said that it is not appropriate to create a new fund
and that in light of your concern for grassroots artists that perhaps it would
be more appropriate to change or alter programs at FACTOR to put more emphasis
going forward on grassroots.
2222 Do you want to comment
on that?
2223 MR. TERRENCE: That would be ideal, but it hasn't
happened for the last 10 years and we are hoping it happens in the future. Apparently FACTOR is undergoing a
process of renewal. But the Board
has not changed. There are no
grassroots leaders on the Board.
2224 So fundamentally the
programs may change, may not, but we haven't been involved in the process
or asked to be part of the process.
We feel like there is a need for a CIRPA‑dominated
funding mechanism.
2225 We do believe in FACTOR
and we do believe that it should probably remain as it is so that the trees can
be assisted so that the fruit may come off. And we feel that extricating ourselves
from the radio and label world, which do not require the same needs as the
grassroots, wouldn't require demos, single songs, digital distribution, it is a
different world all together and it is a different funding and it comes from a
different place and is a different mentality.
2226 And the measurable
results you are looking or are very different as well. They are different than what radio is
looking for. They are looking for
radio‑ready CDs that they can distribute.
2227 So that is why radio is
kind of unhappy with FACTOR, because the expectation level is not being managed
very well. The grassroots are
unrepresented and we feel that the best way around this is with our own
fund.
2228 We realize it is
unpopular with the rest of the music industry associations, but we still feel
it's right, and we still feel that we can do a hell of a great job with the
right people around the country and that it will solve this problem long‑term
and not just hope that FACTOR reinvents itself in the appropriate
fashions.
2229 COMMISSIONER
PENNEFATHER: So grassroots is the
unsigned artist.
2230 Am I
oversimplifying?
2231 MR. TERRENCE: Typically, yes. No, that's fine. Yes.
2232 COMMISSIONER
PENNEFATHER: So the different goals
for the unsigned artist are...?
2233 Could you expand on
that?
2234 MR. TERRENCE: You are not necessarily trying to make a
CD. You are not trying to compete
with Alanis Morissette. You are
probably trying to climb the ladder and get signed to someone from CIRPA, you
are trying to get signed to CRIA, or you are trying TO become autonomous and
work with the tools that you have at hand to be
autonomous.
2235 So those are different
strategies all together.
2236 COMMISSIONER
PENNEFATHER: So it is, as you say,
funding, education and support?
2237 MR. TERRENCE: Absolutely.
2238 COMMISSIONER
PENNEFATHER: That's what you
mean?
2239 MR. TERRENCE: The education portion is ‑‑ and you
know, our music education is music business education. There are a lot of artists in this
country and there are a lot of new artists entering this field and they need
music business practical education coming to them across the
country.
2240 If you live in Toronto,
no problem. You have North by
Northeast, you have Canadian Music Week.
If you live in Vancouver you have New Music West every once in a
while. But everyone in
between ‑‑ and there are, we have 150 artists in Kamloops alone ‑‑
there are a lot of artists out there that don't get the opportunity to hear from
industry veterans and we feel we need to bring the education to them and we feel
that that is part of what grassroots would focus on,
absolutely.
2241 COMMISSIONER
PENNEFATHER: Considering your
grassroots leadership and your proposal for the way the Board would be
constructed, you say that:
"We will invite
broadcasters to attend as observers at Board meetings." (As read)
2242 Why would you not
invite broadcasters to be more integral to your Board
governance?
2243 MR. TERRENCE: We feel that their expectations are
justified in wanting radio‑ready product with artists that are touring. We understand their wanting to invest in
the end of the process and be part of the Starmaker process and be part somewhat
of the FACTOR process. They control
Starmaker, they have a large stake in FACTOR, and we believe that moving further
down the chain they are probably disinterested in being part of a grassroots
fund, they don't necessarily care what happens in the feeder system. I think they care about who comes out of
that system.
2244 We feel like if they
want to observe, that's fine. We
don't feel like they necessarily care.
Based on our discussions we don't believe that they have much of an
interest in the grassroots. Based
on the way the funding has been divided at FACTOR, clearly they put their money
where their mouth is and the funding does not go to the grassroots because it is
not in their interest, and it is
understandable.
2245 COMMISSIONER
PENNEFATHER: Now, the Campus and
Community Broadcasters have also proposed the creation of a funding body for
their radio stations, arguing they play a critical role in the development of
independent music.
2246 Would they be eligible
for support from your fund?
2247 MR. TERRENCE: I would think so. I think we would have to try and make
that happen. I think they would
have a great position on the board.
I think we would invite them as well.
2248 There is no doubt their
hearts are in the right place. They
don't get a lot of exposure for artists.
I mean, you can go to number one on college radio and not necessarily go
to the next level, but their hearts are in the right place and they are playing
emerging artists in Canada and they are an avenue for independence to move
forward and we support them in every way that we can. If it would mean that we work together
on an emerging artists grassroots fund, it would be
fantastic.
2249 COMMISSIONER
PENNEFATHER: You don't see this as
serving francophone musicians, only English Canada.
2250 Is that
correct?
2251 M. TERRENCE: Nous croyons que l'ADISQ ‑‑ ils
font bien au Québec. La système de
développement au Québec est différent que la reste du Canada et l'ADISQ
représent bien les artistes grassroots et indépendants et les artistes
émergenets au Québec. Donc nous
croyons que ‑‑ on n'est pas nécessaire là ‑‑ à ce point ici on n'est
pas nécessaires à s'impliqué dans les affaires Québécoise. On croix pas que
le ‑‑
2252 We don't believe the
need is the same for us there.
2253 COMMISSIONER
PENNEFATHER: In terms of financing
your fund, if I run very quickly through this you certainly made proposals to us
on the new licensing procedures, transfer renewals, and in each case offering
different proposals for how those ‑‑ through those various steps of CTD
funding would go to the new fund.
2254 MR. TERRENCE: That's right.
2255 COMMISSIONER
PENNEFATHER: In the new licence
circumstance, 50 percent to local, 50 percent to national, and of the
national it would be equally divided through Star Radio Fund, Fonds RadioStar
and the new fund. So in that sense
we have the francophone component there.
2256 MR. TERRENCE: That's
right.
2257 COMMISSIONER
PENNEFATHER: In transfers, you have
changed it to 2 percent, 2 percent,
2 percent.
2258 MR. TERRENCE: That's right.
2259 COMMISSIONER
PENNEFATHER: 2 percent to you
in renewals.
2260 You have a number of
12 million based on ‑‑
2261 MR. TERRENCE: Revenues. 1 percent of revenues. We believe the actual number should be
1 percent of revenues, which we kind of put in parenthesis. I should have made that
clearer.
2262 But we believe that
1 percent of revenues is a fair number. It's a small number. It's a capable number. It's legitimate. It moves. We believe it is affordable and we
believe the impact of those dollars would be enormous, if they were properly
invested.
2263 COMMISSIONER
PENNEFATHER: And it is equally
divided amongst the three components.
2264 MR. TERRENCE: Yes.
2265 COMMISSIONER
PENNEFATHER: So end of the line,
what kind of funding would be going to the new
fund?
2266 MR. TERRENCE: I think the only predictable one would
be renewals, which we believe ‑‑ let me make this clear as
well.
2267 We believe that the
primary focus of the adjustments that need to be made to CTD is on the renewal
side. The 1.8 million is
egregiously low.
2268 The others are less
predictable. The new licensing and
the benefits, they come and they go.
There are, I believe, less new licences on a go‑forward basis, from my
understanding, and I believe there are less transfers on a go‑forward
basis.
2269 So we believe when it
comes to renewal we are talking about only our one‑third of
that funding.
2270 COMMISSIONER
PENNEFATHER: Okay. And would that be in addition to? Would the $12 million mean that the
FACTOR funding would continue as is or would in effect your $4 million, your
third, take away from FACTOR?
2271 MR. TERRENCE: We believe that for certain programs it
would be important to transfer the funding, that 9.6 percent that FACTOR spends
on grassroots. Sorry, there is
about 4 or 5 percent that FACTOR spends on grassroots and 9.6 is eligible to
unsigned artists ‑‑ available to them, I should
say.
2272 We believe those funds,
and the administrative costs associated to them, should be transferred out to a
new grassroots fund. And they can
be fair.
2273 I think FACTOR would
still be perfectly fine and they would be getting rid of 75 per cent of their
problems by getting rid of 10 percent of their money.
2274 COMMISSIONER
PENNEFATHER: We also have another
proposal in front of us here to support the rating system.
2275 MR. TERRENCE: I'm sorry, the...?
2276 COMMISSIONER
PENNEFATHER: To support the rating
system that Mr. Bray has described.
2277 MR. TERRENCE: Yes.
2278 COMMISSIONER
PENNEFATHER: Through, again, the
CTD funds.
2279 MR. TERRENCE: Yes.
2280 COMMISSIONER
PENNEFATHER: So what level of
budget do you foresee there?
2281 MR. TERRENCE: For now, it depends on the scope of the
mandate that EARRS is given.
2282 David, do you want to
answer this?
2283 MR. BRAY: Yes. Again, the two are somewhat
unrelated.
2284 We would see the
funding of this process ‑‑ and again, I want to stress this is a non‑profit
organization.
2285 We would probably see
this funded through the auspices of one of the existing funds, be it FACTOR,
Starmaker, et cetera.
2286 The key here is to work
in partnership with all the participants and to have them involved at the board
level. I want to make that clear as
well. To have them involved on the
board level of EARRS and then determine what the sample sizes would
be.
2287 That in turn would
dictate the budgets, whether the budget would be in the hundred thousand dollar
range, clearly far less than a million.
But it would be dependent upon the size of the panels that were enlisted,
any fees that were involved in making sure that the participants, both the
consumers and the programmers across the country, were
enlisted.
2288 Again, we would do that
in association with the current funds.
2289 COMMISSIONER
PENNEFATHER: Is there a plan to
provide French language radio with the same research and
ratings?
2290 MR. BRAY: I would like to say that this is
primarily an English language initiative.
2291 That having been said,
not simply we have made allowances for aboriginal music, which I think is
extremely important under this particular scenario.
2292 And I would like to go
further. I think, depending upon
the participation and the willingness of the participants, we would like to most
certainly get into the francophone industry. But we would also like to look at
potentially the multicultural, multilingual industry.
2293 I think there is a
place for South Asian music, the Chinese industry. And you will hear from some of the
ethnic broadcasters a little later on.
2294 So again, it will
depend on the willingness of those participants.
2295 MR. TERRENCE: We were only willing to tackle so much,
starting out.
2296 MR. BRAY: Of course.
2297 MR. TERRENCE: And we decided our best approach was to
start this, gain support for an English language emerging artist rating service,
and we would take it from there.
2298 Certainly the next step
would be opening it up to French radio
stations.
2299 MR. BRAY: There is a degree of sophistication
required for the French. We would
need full participation enlisted in that community to get that off the
ground.
2300 COMMISSIONER
PENNEFATHER: You say in your
written submission that you have had preliminary discussions with the CAB, and
you have indicated an interest in a follow‑up discussion.
2301 Has that taken place
yet?
2302 MR. TERRENCE: There has been a few,
yes.
2303 I think there is an
inherent interest, without putting any words into their mouths and without
saying anything about their submission.
2304 When we approach them
and say we are willing to ‑‑ if the emerging artist quota or bonus system
is in place, we want to help with that and we believe that your CTD funds should
be appropriately spent on helping you determine what you should be
playing.
2305 Certainly it is a
welcome approach and we are heard, and there's excitement. But there are so many decisions yet to
be made, we can't go anywhere near saying that there is commitment or
excitement.
2306 But certainly there is
general interest in what we have to say if the emerging artist quota or bonus
system is in place.
2307 MR. BRAY: Depending on what you decide in your
infinite wisdom, we can bring a discipline to the process. That is essentially what we are
offering.
2308 COMMISSIONER
PENNEFATHER: I am just going to
finally circle back to my first question.
Again it is linked to the discussion on emerging artists which perhaps my
colleagues will pick up.
2309 I guess circling back
to the beginning of our discussion, it is important to understand why you think
that the current funds are not able to take up the work that you are proposing
is missing for grassroots artists; one of the reasons being creating other
levels of administration costs, other reasons being the pressure already on the
funds themselves to go forward.
2310 Is the need that you
are describing so specific and so ‑‑
2311 MR. TERRENCE: Unique?
2312 COMMISSIONER
PENNEFATHER: ‑‑ not going to be, as far as you see, besides all the
efforts you could make, fulfilled within the current
structures?
2313 MR. TERRENCE: We have been unable to date to work
within those existing structures and to achieve the secured positions for
emerging artists on FACTOR's board.
2314 We will have a formal
request in to FACTOR for their AGM this summer.
2315 We would love to work
within existing structures, absolutely, but we have been unable to get any
attention at this time. Those that
are in control want to remain in control, and you can't blame
them.
2316 We are having
difficulty getting the views of grassroots artists to the table, and permanently
at the table, not just a one position of an independent which I could secure
fairly easily at FACTOR's board, in my opinion and from what I have been
told.
2317 We are looking for
permanent positions for emerging artists and their representatives on the
board.
2318 COMMISSIONER
PENNEFATHER: Well, we are talking
today about what we, the Commission, can do.
2319 MR. TERRENCE: I know. That's why I asked for the grassroots
fund, because I know you cannot tell FACTOR how to run their
affairs.
2320 COMMISSIONER
PENNEFATHER: Also we are looking at
it in the context of overall. As we
have said earlier, what are we looking for as an appropriate amount of funding
in the system for development, what that development is best designed to do and
what vehicles we need, if more.
2321 I appreciate your
comments and your answers to my questions.
2322 In fact, those are my
questions, Mr. Chairman. Thank
you.
2323 THE CHAIRPERSON: Mr. Terrence and Mr. Bray, thank
you.
2324 Your association, is
that what the Indie Pool morphed into?
2325 MR. TERRENCE: Yes. Well, Indie Pool is still a business in
and of itself that provides services to over 20,000 Canadian independent
recording artists.
2326 But when Indie Pool
spoke to the CRTC, to the Commission at the satellite radio hearings, it was me
representing myself as a business owner of Indie Pool working for 20 years, my
whole adult life, with Indie artists, but it was not the appropriate way for me
to be able to work for emerging artists.
We felt that a non‑profit association was a better voice than Indie Pool
as just my business.
2327 So Indie Pool has no
political policies or statements to make in any way, and it is completely with a
board of directors now.
2328 THE CHAIRPERSON: I see.
2329 How many artists do you
represent at this time?
2330 MR. TERRENCE: Just under 4,000 at this
time.
2331 THE CHAIRPERSON: And these are what, fee paying
members?
2332 MR. TERRENCE: No, they are not. At this time we don't think they need
any more fees. These artists are
among the least able to pay fees.
2333 We believe that we are
seeking funding from corporate donations, perhaps other possibilities from
collective initiatives. We do not
want to be funded from the artists themselves. We want to provide services to them and
provide education to them.
2334 THE CHAIRPERSON: So you are chartered as a not‑for‑profit
corporation?
2335 MR. TERRENCE: That's right.
2336 THE CHAIRPERSON: How is your board
selected?
2337 MR. TERRENCE: Our board at this point has been
selected ‑‑ well, we had an initial board of three, which were the three
founders.
2338 THE CHAIRPERSON: Who are the three
founders?
2339 MR. TERRENCE: Pardon me?
2340 THE CHAIRPERSON: Who are the three
founders?
2341 MR. TERRENCE: James Porter and Aisha Wickham, who is
actually in the room. She
represents Urban Music Association of Canada.
2342 We together ‑‑
because Urban Music Association is 95 percent emerging in Canada at this time,
so there was an inherent knowledge there.
2343 Another person that
will be speaking to you at the hearings is a man called Andy McLean, who is the
Executive Director of North by Northeast, which deals with a lot of emerging
artists, and he is also on our board.
2344 And also Greg Stevens,
who is a trademark and intellectual property lawyer, who is very well respected
in the music industry. He works
with many emerging artists.
2345 We are now reviewing
artist nominations to fill another five positions on our board, because we set
out to call for nominations from actual artists so that they can populate the
board as well with their shared experiences. That will be happening over the course
of this summer.
2346 We are a very new
organization.
2347 THE CHAIRPERSON: Right.
2348 What has your
experience been? You were in your
other capacity an advocate of the licensing of satellite
radio.
2349 MR. TERRENCE: Yes.
2350 THE CHAIRPERSON: In the name of providing access to
independent artists.
2351 What have you found out
in the short time since they have been launched?
2352 MR. TERRENCE: There has been some good and there has
been some less good.
2353 We wish, in retrospect,
that the conditions of licence would have asked for more music channels than
just channels. It seemed to have
been overlooked by many people, including all the critics ‑‑ and there were
many. It was quite the
battle.
2354 And no one really
picked up on that. So there was
some level of surprise.
2355 The channels that are
there are great and they are doing the job. Channel 52 on XM is blasting into the
U.S. and generating a lot of interest in new artists.
2356 On the serious side,
getting CBC Radio Three broadcast into the U.S. was a massive change and update,
a huge export of Canadian culture.
2357 So although the
Satellite Radio Association was never perfect and never offered everything that
everyone wanted, we still firmly believe that we are better off with them
legalized and legitimized and contributing to Canadian Talent Development and
under your auspices than not and having a grey market
boondoggle.
2358 But things are not
perfect. And we are lobbying them
and working with them to try and do more.
2359 THE CHAIRPERSON: Thank you very much. Those are our
questions.
2360 We will adjourn now
until 9 o'clock tomorrow morning.
2361 Nous reprendrons demain
matin à 9 h 00.
‑‑‑ Whereupon the hearing
adjourned at 1932, to resume
on Tuesday, May 16, 2006 at
0900 / l'audience
est ajournée à 1932, pour
reprendre le mardi
16 mai 2006 à
0900
REPORTERS
_____________________
_____________________
Lynda Johansson
Fiona Potvin
_____________________
_____________________
Jean Desaulniers
Madeleine Matte
_____________________
Monique Mahoney