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US Superbowl commercials or local news – what’s more important to you?

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Do you know that prior to 2 years ago, you couldn’t watch the Superbowl complete with those amazing Superbowl commercials in Canada.  Before that, you had to wait, maybe catch them online, or the next morning on a local newscast.  I know, it seems like ancient history.  In our thirst for entertainment and information that is widely available “on demand”, we are testing the limits of a terrestrial television system designed decades ago.

The Supreme Court of Canada has agreed to hear the case of Bell Media/CTV and the NFL as it relates to the CRTC’s decision to exempt the Superbowl broadcast from the rules of “simultaneous substitution”.  Called ‘sim-sub’ for short, it is the practice of blocking of US commercials on Canadian TV channels and in their place substituting national and local Canadian commercials. It’s been around since the rise of cable delivery in our country as a way to protect the exclusive licenses that Canadian TV companies have when they purchase the rights to a US network program and air it in Canada. These revenues help offset the cost of local news operations which generally are resource-heavy, low-margin, and in some cases, heavily subsidized programs.

In 2016 the CRTC made an exception to the sim-sub rules, allowing cable & satellite companies to dispense with the practice for Superbowl. Only the Superbowl. Why? Because the CRTC received tons of complaints for years from people who wanted to watch the big budget US Superbowl ads but couldn’t because the Canadian broadcast was full of ads for Tim Horton’s. You know what I mean.

This is in the news now because the Supreme Court of Canada has agreed to hear the case being made by CTV and its parent company Bell Media, along with the NFL.  They make very good points relative to policy and regulations around this long-standing practice. They negotiated a long term deal with the NFL based on buying the “exclusive rights” to the game and paid big money.  And then the CRTC changed the rules.

Here’s some background.  The Canadian TV system works, complete with its local newscasts and Cancon rules worked because for years, revenue was generated and profits derived largely by purchasing Canadian rights to first-run US network programs and broadcasting them, generally in primetime, in “simulcast” with the originating US station.  You know… you think you’re watching Lucifer on FOX 28 KAYU only to realize you’re watching CTV when a commercial break comes on.  You’re a bit confused, then the show ends and suddenly you’re watching FOX 28 again.  No, it’s not you.  It’s the system.  This practice protects the Canadian TV station’s exclusive rights by blocking all other signals and inserting the Canadian channel over top of them.

Still with me? Ok… now in the case of the Superbowl, the system changed with no apparent warning.

The Superbowl is widely watched, but its for the commercials, as evidenced by the many complaints the CRTC received every year. In their zeal to satisfy the masses and quell the complaints, the Commission in effect  sacrificed CTV’s exclusive right to broadcast the game in Canada, and killed their ability to recoup the massive rights fees they’ve paid.   

What happened next? The Superbowl arrived on a variety of US cable channels, complete with the must-see commercials. And CTV, the only company that actually paid for the exclusive rights to broadcast the program in Canada, was out of luck.  The Superbowl was featured on a number of channels and CTV’s audience took a beating. The value of their commercials went down considerably.  Why? Because of the US channels with the high-budget US ads. The tsunami of production value, A-list talent and of course, those Budweiser horses proved irresistible.

So off they all go to the Supreme Court to sort it out.  Bell Media will surely argue that the loss of revenue from a show like Superbowl directly impacts the funds available to create local newscasts, pay staff, and generate profit for shareholders.

Bell said in a statement it is pleased that the Supreme Court will hear the appeal:

“We look forward to advancing our argument that a broad range of Canadian creators, producers, advertisers and businesses have been negatively impacted by the original decision.”

So what do you think? Is watching US commercials in the Superbowl more important than preserving the regulatory framework that protects our local over-the-air TV system across the country? Because the two really are inextricably linked. By eroding the ability for a Canadian program rights-holder to recoup their investment, as the CRTC did by  making an exemption of Simsub rules for Superbowl broadcasts, it strikes right to the heart of funds available to produce local news programming.

So now the greater question is just how important is local TV in today’s world of digital communication, on demand viewing, tablets, phones, PVR’s, and social media? Audiences and revenues for local Canadian TV stations have been under increasing pressure for years, and few cities realize this more than Red Deer.

While not related to Superbowl advertising, the one local TV station here closed its doors and quit broadcasting in 2009. When it closed, I’m told by a former Commissioner that not a squeak was heard at the CRTC from this local community- not a letter or comment. So was the station even missed? Many will remember (or not) when it was for a short period of time called E! Entertainment, all in an effort to find inexpensive programming.  Ultimately it didn’t work.   CKRD, RDTV, E!, CHCA- it had many aliases, but ultimately struggled to drive enough revenue to continue operating.  That was 9 years ago, and many of the factors that led to its closure have only accelerated since then.

Do you watch local TV news from the remaining stations in Edmonton and Calgary? Are these institutions still important, or would we all rather just watch US commercials and US TV shows and say goodbye to the notion of local TV news programming here in Canada? How have your habits changed? Do you care? Because you really can’t have it both ways for very long.

Lloyd Lewis is President of Todayville, INC.  He was VP/GM of CTV Edmonton from 2005-2015 and GM of RDTV Red Deer from 1997 to 2000. He worked in the local television industry for 35 years. 

President Todayville Inc., Honorary Colonel 41 Signal Regiment, Board Member Lieutenant Governor of Alberta Arts Award Foundation, Director Canadian Forces Liaison Council (Alberta) musician, photographer, former VP/GM CTV Edmonton.

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Business

CBC’s business model is trapped in a very dark place

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The Audit

 

 David Clinton

I Testified Before a Senate Committee About the CBC

I recently testified before the Senate Committee for Transport and Communications. You can view that session here. Even though the official topic was CBC’s local programming in Ontario, everyone quickly shifted the discussion to CBC’s big-picture problems and how their existential struggles were urgent and immediate. The idea that deep and fundamental changes within the corporation were unavoidable seemed to enjoy complete agreement.

I’ll use this post as background to some of the points I raised during the hearing.

You might recall how my recent post on CBC funding described a corporation shedding audience share like dandruff while spending hundreds of millions of dollars producing drama and comedy programming few Canadians consume. There are so few viewers left that I suspect they’re now identified by first name rather than as a percentage of the population.

Since then I’ve learned a lot more about CBC performance and about the broadcast industry in general.

For instance, it’ll surprise exactly no one to learn that fewer Canadians get their audio from traditional radio broadcasters. But how steep is the decline? According to the CRTC’s Annual Highlights of the Broadcasting Sector 2022-2023, since 2015, “hours spent listening to traditional broadcasting has decreased at a CAGR of 4.8 percent”. CAGR, by the way, stands for compound annual growth rate.

Dropping 4.8 percent each year means audience numbers aren’t just “falling”; they’re not even “falling off the edge of a cliff”; they’re already close enough to the bottom of the cliff to smell the trees. Looking for context? Between English and French-language radio, the CBC spends around $240 million each year.

Those listeners aren’t just disappearing without a trace. the CRTC also tells us that Canadians are increasingly migrating to Digital Media Broadcasting Units (DMBUs) – with numbers growing by more than nine percent annually since 2015.

The CBC’s problem here is that they’re not a serious player in the DMBU world, so they’re simply losing digital listeners. For example, of the top 200 Spotify podcasts ranked by popularity in Canada, only four are from the CBC.

Another interesting data point I ran into related to that billion dollar plus annual parliamentary allocation CBC enjoys. It turns out that that’s not the whole story. You may recall how the government added another $42 million in their most recent budget.

But wait! That’s not all! Between CBC and SRC, the Canada Media Fund (CMF) ponied up another $97 million for fiscal 2023-2024 to cover specific programming production budgets.

Technically, Canada Media Fund grants target individual projects planned by independent production companies. But those projects are usually associated with the “envelope” of one of the big broadcasters – of which CBC is by far the largest. 2023-2024 CMF funding totaled $786 million, and CBC’s take was nearly double that of their nearest competitor (Bell).

But there’s more! Back in 2016, the federal budget included an extra $150 million each year as a “new investment in Canadian arts and culture”. It’s entirely possible that no one turned off the tap and that extra government cheque is still showing up each year in the CBC’s mailbox. There was also a $93 million item for infrastructure and technological upgrades back in the 2017-2018 fiscal year. Who knows whether that one wasn’t also carried over.

So CBC’s share of government funding keeps growing while its share of Canadian media consumers shrinks. How do you suppose that’ll end?

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Energy

What does a Trump presidency means for Canadian energy?

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From Resource Works

Heather-Exner Pirot of the Business Council of Canada and the Macdonald-Laurier Institute spoke with Resource Works about the transition to Donald Trump’s energy policy, hopes for Keystone XL’s revival, EVs, and more. 

Do you think it is accurate to say that Trump’s energy policy will be the complete opposite of Joe Biden’s? Or will it be more nuanced than that?

It’s more nuanced than that. US oil and gas production did grow under Biden, as it did under Obama. It’s actually at record levels right now. The US is producing the most oil and gas per day that any nation has ever produced in the history of the world.

That said, the federal government in the US has imposed relatively little control over production. In the absence of restrictive emissions and climate policies that we have in Canada, most of the oil production decisions have been made based on market forces. With prices where they’re at currently, there’s not a lot of shareholder appetite to grow that significantly.

The few areas you can expect change: leasing more federal lands and off shore areas for oil and gas development; rescinding the pause in LNG export permits; eliminating the new methane fee; and removing Biden’s ambitious vehicle fuel efficiency standards, which would subsequently maintain gas demand.

I would say on nuclear energy, there won’t be a reversal, as that file has earned bipartisan support. If anything, a Trump Admin would push regulators to approve SMRs models and projects faster. They want more of all kinds of energy.

Is Keystone XL a dead letter, or is there enough planning and infrastructure still in-place to restart that project?

I haven’t heard any appetite in the private sector to restart that in the short term. I know Alberta is pushing it. I do think it makes sense for North American energy security – energy dominance, as the Trump Admin calls – and I believe there is a market for more Canadian oil in the USA; it makes economic sense. But it’s still looked at as too politically risky for investors.

To have it move forward I think you would need some government support to derisk it. A TMX model, even. And clear evidence of social license and bipartisan support so it can survive the next election on both sides of the border.

Frankly, Northern Gateway is the better project for Canada to restart, under a Conservative government.

Keystone XL was cancelled by Biden prior to the invasion of Ukraine in 2022. Do you think that the reshoring/friendshoring of the energy supply is a far bigger priority now?

It absolutely is a bigger priority. But it’s also a smaller threat. You need to appreciate that North America has become much more energy independent and secure than it has ever been. Both US and Canada are producing at record levels. Combined, we now produce more than the Middle East (41 million boe/d vs 38 million boe/d). And Canada has taken a growing share of US imports (now 60%) even as their import levels have declined.

But there are two risks on the horizon: the first is that oil is a non renewable resource and the US is expected to reach a peak in shale oil production in the next few years. No one wants to go back to the days when OPEC + had dominant market power. I think there will be a lot of demand for Canadian oil to fill the gap left by any decline in US oil production. And Norway’s production is expected to peak imminently as well.

The second is the need from our allies for LNG. Europe is still dependent on Russia for natural gas, energy demand is growing in Asia, and high industrial energy costs are weighing on both. More and cheaper LNG from North America is highly important for the energy security of our allies, and thus the western alliance as it faces a challenge from Russia, China and Iran.

Canada has little choice but to follow the US lead on many issues such as EVs and tariffs on China. Regarding energy policy, does Canada’s relative strength in the oil and gas sector give it a stronger hand when it comes to having an independent energy policy?

I don’t think we want an independent energy policy. I would argue we both benefit from alignment and interdependence. And we’ve built up that interdependence on the infrastructure side over decades: pipelines, refineries, transmission, everything.

That interdependence gives us a stronger hand in other areas of the economy. Any tariffs on Canadian energy would absolutely not be in American’s interests in terms of their energy dominance agenda. Trump wants to drop energy costs, not hike them.

I think we can leverage tariff exemptions in energy to other sectors, such as manufacturing, which is more vulnerable. But you have to make the case for why that makes sense for US, not just Canada. And that’s because we need as much industrial capacity in the west as we can muster to counter China and Russia. America First is fine, but this is not the time for America Alone.

Do you see provinces like Alberta and Saskatchewan being more on-side with the US than the federal government when it comes to energy?

Of course. The North American capital that is threatening their economic interests is not Washington DC; it’s Ottawa.

I think you are seeing some recognition – much belated and fast on the heels of an emissions cap that could shut in over 2 million boe of production! – that what makes Canada important to the United States and in the world is our oil and gas and uranium and critical minerals and agricultural products.

We’ve spent almost a decade constraining those sectors. There is no doubt a Trump Admin will be complicated, but at the very least it’s clarified how important those sectors are to our soft and hard power.

It’s not too late for Canada to flex its muscles on the world stage and use its resources to advance our national interests, and our allies’ interests. In fact, it’s absolutely critical that we do so.

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