CRTC denies RAI International license

Government body cites competition with Telelatino and RAI Canada as reasons for decision

After many months, last week the CRTC ruled on RAI International's application for broadcasting in Canada, denying it.
A brief communiqué, posted on the Canadian Radiotelevision and Telecommunication Commission website, announced that, out of 15 applications submitted by non-Canadian third-language (Ed.'s Note: neither English nor French) applications, nine had been accepted and six denied: RAI International, four Spanish-language TVs including Spain's national public broadcaster TVE Internacional, and an Arabic-language station.
CRTC approved also Al Jazeera, the controversial 'Arab CNN', although the Commission granted censorship powers (for potentially offensive content) to its carrier service.
In the ruling itself, no fewer than five pages (out of 20) were devoted to RAI International.
First, the document summarizes the positions held by Rogers (sponsoring RAI International's application) and other supporters, mentioning RAI International's dissatisfaction with Telelatino's editing of the programmes broadcast, the new significance of RAI International information programmes in light of the new Italian law on voting abroad, and the mandate of Italy's public television.
In its application, Rogers declared that RAI International would continue to make its programming available to other Canadian broadcasters, including Telelatino, quoting RAI International's director Massimo Magliaro: "...we would like to confirm that in the event that the CRTC approves Rogers' proposal, RAI will not hold, obtain, nor will it exercise any preferential or exclusive programming rights in relation to the distribution of programming in Canada. RAI will continue to make available its programmes to other Canadian programming services, and in particular Telelatino after August 31, 2003."
As to the opponents, CRTC mentions Telelatino's position, which remarked, "for nearly 20 years, the Italian-language component of Telelatino has been almost exclusively identified with RAI programming. TLN stated RAI International notified it, by letter dated November 20, 2002, that its programme supply agreement with Telelatino would be terminated effective August 31, 2003. TLN submitted that RAI International had expressed a willingness to entertain an annual negotiation of specific programmes on a title-by-title basis, but that RAI International was not prepared to give it any real assurance that the previous quantity and variety of programming would continue to be available to TLN. In addition, TLN argued that RAI International would also compete with its approved but as yet unlaunched Category 2 services."
These include RAI Canada, a digital channel co-owned by RAI and Corus (the Canadian owner of Telelatino), conceived three years ago that was to broadcast about 80 percent of RAI programming integrating it with Italian-language Canadian productions.
The following are the analyses and reasons given by CRTC for denying Rogers' and RAI International's application:
"The Commission notes that Rogers described RAI International as 'a generalist broadcasting service that provides a broad range of programmes, including dramas, feature films, sports, news, and news commentary, cooking, human interest programmes, and entertainment programmes, Italian music and dance as well as religious programmes.' The Commission further notes that the Italian-language portion of Telelatino's service offers similar general interest programming appealing to a broad audience within the Italian community, including dramas, films, sports, news, entertainment and religious programming. The Commission concludes that there is a substantial overlap between Telelatino and RAI International in terms of the genre and type of programming presented, as well as the target audience.
"In addition, the record indicates that, historically, Telelatino's main supplier of Italian language programming has been RAI International, confirming a substantial overlap in the type of programming presented by the two services. Both Rogers and TLN provided evidence, including a one week schedule from March 2003, indicating that approximately 25 percent of TLN's overall schedule contained RAI programming and that over 85 percent of TLN's primetime schedule (i.e., between 8:00 p.m. and 11:00 p.m. Monday to Friday) consisted of RAI programming.
"At the time of the request, there were also four unlaunched general interest Category 2 digital services (Ed. Note: the same type as Rogers requested for RAI International), each with 85 percent of its programming directed to the Italian community. These services are RAI Canada, SITCOM Canada, Network Italia, and TV Italy. In the case of RAI Canada, despite statements from Rogers that it was RAI International's position that RAI Canada will not be launched, the Commission notes that its Canadian owner, Corus Entertainment Inc. (OBCI), requested and has been granted an extension until November 2004 to launch the service.
"In light of the above, the Commission considers that RAI International would be competitive with Telelatino and with the unlaunched Category 2 services named above. Further, based on the record of the proceeding, the Commission is not persuaded that RAI International would not hold, obtain, nor would it exercise preferential or exclusive rights to at least some of its programming if its service were added to the digital lists. In light of all of the above, the Commission denies Rogers' request for the addition of RAI International to the digital lists."



Illegal Antennas and RAI Canada

According to Telelatino president Aldo Di Felice, the CRTC ruling dispelled the clouds hovering above the future of Italian-language programming legally visible in Canada, but many people, on the contrary, see those clouds thicken. Now the community is wondering about what will happen next.
The scenarios we present in this article are hypothetical, but based on insistent rumours coming from several sources.
First of all, RAI Canada. In the late Nineties, RAI Corporation - a U.S.-based company associated with RAI, explored with Corus Entertainment (owners of Telelatino) the possibility of setting up a joint venture that could broadcast RAI International's programs in Canada. The two companies signed a Memorandum of Understanding; Corus submitted it to the CRTC and got a license, while RAI Corporation submitted it to RAI's Board of Directors; after some time, the Board rejected it. Therefore, RAI Canada does not exist, and RAI has no intention of it ever existing (as RAI International director Magliaro just confirmed).
Even if Corus-Telelatino will use the license (should that be legally possible), they will have to change its name, and it won't broadcast RAI International's programs.
The only remaining way to get RAI International's signal is illegal: U.S.-based Dish Network accepts subscriptions to RAI International for the United States, but - here's the catch - its signal can be received in Canada. This situation was deplored also by CCTA (Canadian Cable Television Association), that supported RAI International's application in order to dispense with this widespread illegal practice.
Finally, back to Canada, in the enclosures to its ruling, CRTC announced the launch of a study of modifications to the rules on the concession of licenses to foreign broadcasters in other languages (neither English nor French). A similar promise was also made by several Federal ministers, who declared their readiness to change the law in order to give Italian-Canadians the right to watch RAI International.
Generally speaking, this amendment should foresee an 'automatic license' for any foreign public TV wishing to broadcast in Canada. They will then need to reach agreements with cable and satellite carriers for the distribution over Canada.
More or less, something akin to the license issued to Al Jazeera: distributors will be responsible for finding the space, set a price, and monitor (potentially offensive) content of these foreign broadcasters.
Some say that this law could pass and be enforced before the end of this year. - F. R.


TLN Responds to the News

We are very pleased with this decision which now clears the way for a 24-hour Italian-language digital television service to be launched by a Canadian company," said Aldo Di Felice, President of Telelatino Network Inc.
"The Italian-speaking community has been rightfully upset at the loss of the RAI programming they had enjoyed for years on TLN due to RAI's decision to cancel a programme supply agreement. We hope that, with this decision behind us, we can move quickly to develop the RAI Canada service that has been licensed for the past three years. It is our goal to ensure that Canadians have every opportunity to enjoy RAI programming through Canadian services. The CRTC's goal is to ensure that Canadian interests are protected over foreign interests and we are very pleased that today's decision supports that goal."
The CRTC's decision pointed to the importance of supporting the success of Canadian-owned and licensed services and ensuring that they are in a position to fulfill their commitments to airing Canadian-produced programming, a responsibility that eligible foreign services do not have. The application to add RAI International to the list of approved foreign services was denied on the basis that it would compete directly with Telelatino and unlaunched Canadian-based Category 2 digital licenses for similar Italian-language general interest services.
"Telelatino currently provides more than 3000 hours annually of Italian programming to Canadians at an extremely affordable rate on a basic analog cable tier," added Di Felice. "Italian-Canadian viewers will continue to enjoy Italian programming without incurring the additional costs of digital service. Those that have adopted digital will have even more choice when we launch a Canadian-based Italian-language service that will contribute to our economy, our multicultural fabric and our broadcasting system. We look forward to continuing TLN's track record of investing in Canadian programming while providing the best of acquired Italian and Hispanic programmes for our viewers."


RAI Embittered by the Decision

RAI International director Massimo Magliaro said he's "embittered by this decision, taken by a country that's our friend, an ally and a fellow G8 member, against Italy's public television and against 1,300,000 Canadians of Italian heritage."
"However, we were not surprised, because during my latest trip to Canada I had perceived that difficulties were arising, that a wall was being erected against Italy," explained Magliaro in an interview over the phone.
What next?
"For sure, we shall not stand idly by. We asked our counsels to study the ruling and suggest the next steps we should take in order to fulfill our mandate towards Italians all over the world, including those who live in Canada."
In its ruling, the CRTC claimed that RAI's - and particularly your own - arguments did not convince it.
"This is something I find extremely offensive, as I've never spoken personally to the people of CRTC, who never even called me. Their remarks show their unacceptable prejudice."
Will you appeal to the community?
"The members of our community are free to act as they please; over the past few years, they proved their independence and maturity. Therefore, I cannot and shall not suggest any specific action."
Telelatino is relaunching the RAI Canada project; what do you think about this?
"RAI Canada was buried a long time ago with a clear decision of RAI's - not RAI International's - Board of Directors because it was deemed unfair and wasteful. RAI was to offer most of its programming without any control: just think, out of five directors of RAI Canada only one was to be appointed by RAI. This project is dead."
Will there be repercussions against CBC and its foreign programming?
"Of course not, Italy is a free and open country." - F. R.


Protesting the CRTC Ruling


Hundreds of three-coloured flags waved on Parliament Hill this week. It wasn't, however, a celebration of any kind; it was a protest against CRTC's decision to deny RAI International's application for broadcasting its programming in Canada.
The rally was a success from the organizational standpoint: in a matter of days, the promoters managed to bring over 1,000 people right in front of the federal Parliament. The date itself - the same day the new cabinet was being sworn in - had been chosen for its possible positive coincidence. Unfortunately, it proved a poor choice, as neither politicians nor the press corps were in attendance. While Italian-Canadians were protesting on Parliament Hill, in fact, the general attention was focused on Rideau Hall, residence of the Governor General, where the second government led by Paul Martin was being sworn in.
The absence of any Italian minister was quite frustrating to rally organizers, but it is clear that, even though many among them might have preferred not showing up, the coincidence of dates offered a very valid excuse not to.
Only MP Massimo Pacetti - a staunch supporter of RAI International but not a cabinet member - and Senator Marisa Barth were at the rally. The speakers were Giovanni Rapanà and Nino Colavecchia, president of the National Congress of Italian-Canadians.
The organizers gave a letter to Pacetti where they state the firm intention of the Italian-Canadian community to continue fighting for RAI International. Pacetti promised to deliver the letter to the Prime Minister.
On his part, immediately after taking her oath, new Minister of Canadian Heritage Liza Frulla declared that her Ministry would immediately examine the matter, trying to find a solution to this problem as soon as possible.
The problem is real and won't go away. "This is an enormous injustice," told us Angela Marrone; "we've been discriminated against, just like with the internment during the war," she said.
The Sellitto family was also at the rally. "I am here," told us Fiorina Sellitto, "not so much for my husband and me, but for my grandchildren. They love watching Italian-language programmes, and that's important for the survival of our culture in Canada."
Maybe the rally failed to get the attention of the authorities, but the message was loud and clear, and the Canadian Government should not ignore it. The Prime Minister himself, during the campaign and again through his spokesperson Scott Reid, pledged to "change the regulations that allowed the CRTC to give such a ruling."

- by Angelo Persichilli

Publication Date: 2004-07-25
Story Location: http://tandemnews.com/viewstory.php?storyid=4197