Consumers have a right to watch the most popular TV programs on any mobile device regardless of who owns the content, Canada’s broadcast watchdog said Wednesday.

In a decision that is part of the regulator’s response to the convergence of phone, cable and broadcast services in Canada over the past year, the CRTC issued a permanent ban on so-called exclusive mobile content deals.

It said the integrated media giants must share their programming with rivals under fair and market-based terms and cannot restrict content to their own wireless and Internet subscribers. Companies must negotiate the terms but cannot deny service while those talks are taking place.

The regulator also took steps to ensure that telecom, cable and web companies that also own broadcast networks play fair with smaller competitors.

As well, it recommended measures that would provide more choice for cable and satellite TV service subscribers.

“Given the size of the Canadian market, there are benefits to integrating television programming and distribution services under the same corporate umbrella,” said Konrad von Finckenstein, chair of the Canadian Radio-television and Telecommunications Commission.

“At the same time, some safeguards were needed to prevent anti-competitive behaviour. In particular, Canadians shouldn’t be forced to buy a mobile device from a specific company or subscribe to its Internet service simply to access their favourite television programs.”

Nonintegrated media companies had complained during CRTC hearings on media ownership this summer that those exclusive deals stifle competition and limit choice for consumers.

Many argued for rules to protect them from anti-competitive practices, while the major integrated players said the current regulatory framework was adequate.

Chris Peirce, chief corporate officer at MTS Allstream, said the CRTC has taken concrete action to rein in what he called big media’s tendency to use a dominant position to limit competition.

“This is a victory for the consumer,” said Michael Hennessy, senior vice-president, regulatory and government affairs at Telus. “It ensures that consumers can and will continue to be able to access content on many different devices regardless of their choice of service provider.”

While programs, including major sporting events, must be made available to competitors, the CRTC said companies can still develop exclusive content — but it has to be fashioned specifically for the web and mobile streaming.

Von Finckenstein said in an interview that the companies must negotiate terms, but the holder of the content rights has to make the content available while a deal is being worked out.

He said the CRTC will arbitrate if the parties can’t come to an agreement.

The CRTC also said it at least 25 per cent of specialty services distributed by a large integrated company must be owned by an independent broadcaster. In addition, broadcasters launching a new pay or specialty service must make it available upon request to all distributors as an individual service, even if a commercial agreement has not been finalized.

The CRTC said it “strongly encourages” television distribution companies to allow “pick and pay” services they want as part of their packages.

The CRTC has called on Bell Canada, Quebecor Media, Rogers Communications and Shaw Communications to submit a report by April 1 detailing the steps they have taken to respond to consumer demands.

“If the industry fails to demonstrate that it has made significant strides in introducing consumer-friendly options, we will hold hearings on this issue in six months and take regulatory action,” von Finckenstein said.

OTTAWA — The CRTC is blocking companies from offering television programs exclusively to their mobile or Internet subscribers in new rules for cable and telecom operators that also own TV networks.

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The regulator said Wednesday that any program broadcast on television, including hockey games and other live events, must be made available to competitors under fair and reasonable terms.

More to come.

The Canadian Press

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