Filed Electronically October 1, 2010 Mr. Robert A. Morin Secretary General Canadian Radio-television and Telecommunications Commission Les Terrasses de la Chaudière Central Building 1 Promenade du Portage Gatineau, Quebec J8X 4B1 Dear Mr. Morin, Re: Broadcasting Notice of Consultation CRTC 2010-649, Item 1, Application by TVA Group Inc. for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Sun TV News 1. CTV Inc. (“CTV”) is pleased to submit the following comments in response to the Commission’s above-mentioned Notice of Consultation (the “Notice”). As outlined in the Notice, TVA Groupe Inc. (“TVA”) has applied for a broadcasting licence to operate a national, English-language Category 2 specialty television programming undertaking to be known as Sun TV News. 2. CTV is a leading broadcaster in Canada with radio, conventional television and specialty services including CTV News Channel, a national news service and CP24, a regional news service focusing on Southern Ontario. 3. CTV welcomes diversity of news voices in our broadcasting system. However, for the reasons outlined below, CTV opposes TVA’s request for mandatory access for Sun TV News for a maximum period of three years. The Sun TV News Application 4. TVA has applied for a Category 2 broadcasting licence to be known as Sun TV News, a mainstream national news service, which will replace its over-the-air Sun TV station in Toronto. If licensed, Sun TV News will adhere to the standard conditions of licence for competitive mainstream news services which are outlined in Broadcasting Regulatory Policy CRTC CTV Inc. 299 Queen Street West, Toronto, ON Canada M5V 2Z5 Phone 416.384.5000 Fax 416.384.4580 2009-562 and Broadcasting Regulatory Policy CRTC 2009-562-1 (“BRP 2009-562”).1 5. However, TVA is also seeking an exception to BRP 2009-562 by applying for mandatory access for Sun TV News for a maximum period of three years. In other words, if the Commission grants TVA’s request, broadcasting distribution undertakings would be obligated to offer Sun TV News to their subscribers but subscribers would not be obligated to choose the service. 6. CTV’s concerns about TVA’s request for an exception to BRP 2009-562 are discussed below. The CRTC’s New Policy – Competition for Mainstream National News Services 7. In Broadcasting Public Notice CRTC 2008-1002 (“BPN 2008-100”), after a fulsome public consultation and hearing, the Commission determined that it would be appropriate to introduce competition between Canadian services operating in the genre of mainstream national news as the services operating in this genre are strong, healthy, highly popular and highly competitive. The Commission also determined that once a genre has been opened for competition, certain rules would apply to all services within the genre. Included among these rules is the following: …no access rights (except where the service benefits from a mandatory distribution order under section 9(1)(h) of the Act)…;3 8. Subsequently, in Broadcasting Notice of Consultation CRTC 2008-1034 (“BNC 2008-103”), stakeholders, including TVA, were given an opportunity to provide comments with respect to the Commission’s proposed conditions of licence for mainstream national news services. Notably, in their submission in BNC 2008-103, TVA accepted without reservation the proposed conditions of licence. Furthermore, they disagreed with the 1 Broadcasting Regulatory Policy CRTC 2009-562, Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news, September 4, 2009; Broadcasting Regulatory Policy CRTC 2009-562-1, Conditions of licence for competitive Canadian specialty services operating in the genres of mainstream sports and national news – Implementation of the Accessibiity Policy and other matters, June 18, 2010. 2 Broadcasting Public Notice CRTC 2008-100, Regulatory Policy for broadcasting distribution undertakings and discretionary programming services, October 30, 2008. 3 BPN 2008-100, Paragraph 273. 4 Broadcasting Notice of Consultation CRTC 2008-103, Call for comments on proposed conditions of licence for competitive mainstream sports and national news specialty services, October 30, 2008. continued protection of Canadian news services vis-à-vis new foreign and Category 2 news services; in other words, TVA argued for a level playing field for all mainstream news services. This position contradicts TVA’s request for mandatory access for Sun TV News. 9. After considering the public comments submitted in BNC 2008-103, the Commission reiterated its “no access rights” rule in BRP 2009-562. However, as noted above, TVA is requesting an exception to this rule, which CTV strongly opposes. 10. In its application, TVA notes that CBC News Network and CTV News Channel have enjoyed mandatory carriage for 21 and 13 years respectively. While CBC News Network and CTV News Channel have indeed enjoyed mandatory carriage for many years, these services did so under the Commission’s former policy and that policy has changed pursuant to BPN 2008-100 and BRP 2009-562 such that mandatory access and carriage has been eliminated. Moreover, in CTV’s view, nothing has changed since the Commission issued its determinations to warrant granting TVA an exception to this policy. 11. CTV strongly urges the Commission to deny TVA’s request for an exception to BRP 2009-562. In CTV’s opinion, the Commission’s policy should be maintained and the new conditions of licence should be applied equally to all mainstream news services. Moreover, and as noted above, BRP 2009-562 was issued after an extensive public process and opportunity for comment. In addition, it has only been in effect for just over one year and its efficacy has yet to be determined. However, if TVA’s request is approved, the Commission must grant mandatory access to other mainstream news services, including CTV News Channel. 12. CTV appreciates the opportunity to provide its comments. Should the Commission require additional information, we would be pleased to provide it on request. Sincerely, Kevin Goldstein Vice-President, Regulatory Affairs CTVglobemedia Inc. cc: Quebecor Media Inc. *** End of Document *** .