Business
Navigating the country’s telecommunications landscape a tricky task: Peter Menzies
From the MacDonald Laurier Institute
By Peter Menzies
On the telecom side of things, the CRTC’s long-standing focus on the fundamental issues of access and affordability is far more tangible than the ethereal cultural ambitions that have swamped the broadcasting boat
Canada’s communications policy playing field is more uncertain today than it has been in decades.
The cause is primarily the Online Streaming Act (Bill C-11), which attempts to “modernize” the Broadcasting Act by defining all internet-based audio and visual content as “broadcasting.” Promoted by a series of heritage ministers as a simple matter of ensuring that streaming companies support Canadian content, the act has alarmed a thriving community of unregulated online creators while causing targeted offshore operators to question how they can continue operating in Canada.
Canadian Radio-television and Telecommunications Commission (CRTC) chair Vicky Eatrides, appointed last January, is clearly feeling pressure to implement Bill C-11 as quickly as possible. Following a series of rushed preliminary processes that made it challenging for many companies in the regulatory “rookie” category to participate, the CRTC’s first public hearing is scheduled for Nov. 20.
It involves 127 intervenors, is scheduled to last three weeks, and Eatrides hopes to have initial decisions made by the end of 2024.
With all her staff’s hands to the pumps on that file, Eatrides has shut down dealing with new licensing matters in the traditional broadcasting fields of television and radio for at least two years. All TV licences up for renewal this year were administratively renewed until 2025 (Bell has filed a court appeal). All of those expiring next year were renewed as is until 2026, and the radio industry was informed the CRTC won’t accept applications in that genre for at least two years, putting it in a regulatory cryo-chamber.
Meanwhile, active broadcasting files have been triaged to the extent that they are backed up, in some cases for years, leaving those involved without the decisions they need. The renewal of the CBC’s licence, for instance, remains incomplete 33 months after the CRTC’s public hearing into the matter.
On the telecommunications side, life is much more steady as she goes. Early in July, the CRTC laid out what it described as a more streamlined and flexible manner for determining wholesale access rates with the goal of fostering competition. But these matters are rarely dealt with swiftly, and incumbent companies affected by this new—and, to many, refreshing—approach have a long track record of being able to drag things out.
Competitor access rates is a matter that has preoccupied the CRTC for a decade; the rates have wavered back and forth since at least 2016, and the lack of regulatory certainty has had a debilitating impact on smaller service providers. The largest of those—TekSavvy—threw in the towel early this summer and put itself up for sale.
The management of so-called mobile virtual network operator rates, particularly relevant in the shadow of Quebecor’s purchase of Freedom Mobile, has moved along efficiently. This is another positive sign involving an area in which the CRTC is attempting to foster competition with increased regulatory certainty. When it comes to the telecom side of things, the regulator’s long-standing focus on the fundamental issues of access and affordability is, while complicated in terms of implementation, far more tangible than the ethereal cultural ambitions that have swamped the broadcasting boat.
Two other matters are worth watching.
The first—the CRTC’s role in overseeing negotiations as foreseen in the Online News Act—may evaporate. Meta has moved out of the business of carrying news in Canada, with disastrous consequences for those in the business of creating it. News Media Canada, the industry’s lobbying arm, is now asking the government to bow to Google’s demands before it does the same.
That could mean significant legislative amendments which could eliminate the CRTC’s role entirely. Seeing as the commission has already delayed decisions on which news organizations would qualify until late 2024, this would be a welcome relief.
The second will be whether the CRTC, when dealing with the likes of Disney and Netflix next month, realizes what’s at stake. The United States-based companies aren’t interested in contributing solely through official funds while all the commission appears to want to talk about is how much they should pay and to which funds.
Neither has threatened, as Meta and Google did with Bill C-18, to disconnect Canada if they don’t get the outcomes they need.
Not yet, anyway.
Peter Menzies is a senior fellow with the Macdonald-Laurier Institute, a former newspaper executive, and past vice-chair of the CRTC.
Business
Opposition leader Poilievre calling for end of prorogation to deal with Trump’s tariffs
From Conservative Party Communications
The Hon. Pierre Poilievre, Leader of the Conservative Party of Canada and the Official Opposition, released the following statement on the threat of tariffs from the US:
“Canada is facing a critical challenge. On February 1st we are facing the risk of unjustified 25% tariffs by our largest trading partner that would have damaging consequences across our country. Our American counterparts say they want to stop the illegal flow of drugs and other criminal activity at our border. The Liberal government admits their weak border is a problem. That is why they announced a multibillion-dollar border plan—a plan they cannot fund because they shut down Parliament, preventing MPs and Senators from authorizing the funds.
“We also need retaliatory tariffs, something that requires urgent Parliamentary consideration.
“Yet, Liberals have shut Parliament in the middle of this crisis. Canada has never been so weak, and things have never been so out of control. Liberals are putting themselves and their leadership politics ahead of the country. Freeland and Carney are fighting for power rather than fighting for Canada.
“Common Sense Conservatives are calling for Trudeau to reopen Parliament now to pass new border controls, agree on trade retaliation and prepare a plan to rescue Canada’s weak economy.
“The Prime Minister has the power to ask the Governor General to cut short prorogation and get our Parliament working.
“Open Parliament. Take back control. Put Canada First.”
Business
Trump, taunts and trade—Canada’s response is a decade out of date
From the Fraser Institute
Canadian federal politicians are floundering in their responses to Donald Trump’s tariff and annexation threats. Unfortunately, they’re stuck in a 2016 mindset, still thinking Trump is a temporary aberration who should be disdained and ignored by the global community. But a lot has changed. Anyone wanting to understand Trump’s current priorities should spend less time looking at trade statistics and more time understanding the details of the lawfare campaigns against him. Canadian officials who had to look up who Kash Patel is, or who don’t know why Nathan Wade’s girlfriend finds herself in legal jeopardy, will find the next four years bewildering.
Three years ago, Trump was on the ropes. His first term had been derailed by phony accusations of Russian collusion and a Ukrainian quid pro quo. After 2020, the Biden Justice Department and numerous Democrat prosecutors devised implausible legal theories to launch multiple criminal cases against him and people who worked in his administration. In summer 2022, the FBI raided Mar-a-Lago and leaked to the press rumours of stolen nuclear codes and theft of government secrets. After Trump announced his candidacy in 2022, he was hit by wave after wave of indictments and civil suits strategically filed in deep blue districts. His legal bills soared while his lawyers past and present battled well-funded disbarment campaigns aimed at making it impossible for him to obtain counsel. He was assessed hundreds of millions of dollars in civil penalties and faced life in prison if convicted.
This would have broken many men. But when he was mug-shotted in Georgia on Aug. 24, 2023, his scowl signalled he was not giving in. In the 11 months from that day to his fist pump in Butler, Pennsylvania, Trump managed to defeat and discredit the lawfare attacks, assemble and lead a highly effective campaign team, knock Joe Biden off the Democratic ticket, run a series of near daily (and sometimes twice daily) rallies, win over top business leaders in Silicon Valley, open up a commanding lead in the polls and not only survive an assassination attempt but turn it into an image of triumph. On election day, he won the popular vote and carried the White House and both Houses of Congress.
It’s Trump’s world now, and Canadians should understand two things about it. First, he feels no loyalty to domestic and multilateral institutions that have governed the world for the past half century. Most of them opposed him last time and many were actively weaponized against him. In his mind, and in the thinking of his supporters, he didn’t just defeat the Democrats, he defeated the Republican establishment, most of Washington including the intelligence agencies, the entire corporate media, the courts, woke corporations, the United Nations and its derivatives, universities and academic authorities, and any foreign governments in league with the World Economic Forum. And it isn’t paranoia; they all had some role in trying to bring him down. Gaining credibility with the new Trump team will require showing how you have also fought against at least some of these groups.
Second, Trump has earned the right to govern in his own style, including saying whatever he wants. He’s a negotiator who likes trash-talking, so get used to it and learn to decode his messages.
When Trump first threatened tariffs, he linked it to two demands: stop the fentanyl going into the United States from Canada and meet our NATO spending targets. We should have done both long ago. In response, Trudeau should have launched an immediate national action plan on military readiness, border security and crackdowns on fentanyl labs. His failure to do so invited escalation. Which, luckily, only consisted of taunts about annexation. Rather than getting whiny and defensive, the best response (in addition to dealing with the border and defence issues) would have been to troll back by saying that Canada would fight any attempt to bring our people under the jurisdiction of the corrupt U.S. Department of Justice, and we will never form a union with a country that refuses to require every state to mandate photo I.D. to vote and has so many election problems as a result.
As to Trump’s complaints about the U.S. trade deficit with Canada, this is a made-in-Washington problem. The U.S. currently imports $4 trillion in goods and services from the rest of the world but only sells $3 trillion back in exports. Trump looks at that and says we’re ripping them off. But that trillion-dollar difference shows up in the U.S. National Income and Product Accounts as the capital account balance. The rest of the world buys that much in U.S. financial instruments each year, including treasury bills that keep Washington functioning. The U.S. savings rate is not high enough to cover the federal government deficit and all the other domestic borrowing needs. So the Americans look to other countries to cover the difference. Canada’s persistent trade surplus with the U.S. ($108 billion in 2023) partly funds that need. Money that goes to buying financial instruments can’t be spent on goods and services.
So the other response to the annexation taunts should be to remind Trump that all the tariffs in the world won’t shrink the trade deficit as long as Congress needs to borrow so much money each year. Eliminate the budget deficit and the trade deficit will disappear, too. And then there will be less money in D.C. to fund lawfare and corruption. Win-win.
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