CRTC dismisses bias complaint against Bell Fund

The CRTC has dismissed in part a complaint lodged against BCE Inc.’s Bell Fund earlier this year by a coalition of media producers including CBC/Radio Canada and Blue Ant Media Inc., which alleged bias in how it decides on distributing funding. The complainants had petitioned the commission in May, arguing the funding process under a new program structure had unfairly favoured applications from producers working with larger broadcasters such as Bell Media, over producers working with smaller or public broadcasters. They raised concerns that a pilot TV program fund (called TV Program) for lifestyle, drama and comedy series projects had violated the CRTC’s policy framework for Certified Independent Production Funds (CIPFs), according to the decision. The Bell Fund is a CIPF that currently only receives funding from Bell and its affiliates, including from tangible benefits packages. “The Commission finds that the manner in which the fund has structured its TV Program is consistent with the Commission’s policies and need not be revised,” the Tuesday CRTC decision said, ruling against the main complaint. “There is no evidence on the record of this proceeding that the Fund as a whole inappropriately excludes certain parties or prioritizes projects that are specifically intended to be broadcast by Bell or its affiliates.” The group that petitioned the regulator, which includes the Canadian Media Producers Association (CMPA), TVO, Télé-Québec, OUTtv Network Inc., CBC, Groupe Média TFO, TV5 Québec Canada, and Groupe V Média Inc., had asked it to have the Bell Fund revise the structure, eligibility requirements and application process for its TV Program. They specifically criticized the way the Bell Fund measures historical spending by media producers on programming, which they claimed was self-serving and favours large broadcasters, the decision noted. But the CRTC said while the TV Program is “weighted toward producers who partner with larger broadcasters,” the criteria also allows funding to be provided to those partnering with smaller or public broadcasters. The regulator did, however, direct the Bell Fund to make a technical change to one of its bylaws concerning its board composition to better “reflect” the CRTC policy, following complaints from the group of media production companies about the independence of the board’s membership. Since May 2017, the regulator stated it has been “impossible” for the board to meet a requirement stipulating independent members must cast at least two-thirds of the votes during a meeting where all members are present, after a resignation left only 62.5 per cent of its eight-member board independent from Bell. Even though it violated the policy for more than a year, the regulator was “satisfied” the fund had a mechanism in place to deal with conflicts of interest whereby Bell representatives recused themselves from voting on projects relating to Bell. The decision said it expects the fund to “continue to operate in a manner consistent with its amended bylaws, the Guidelines and the Policy ... at all times and to fill any vacancy among independent board members within 90 days of the vacancy.” In 2017, the fund provided $9.4 million in grants to 64 projects, according to its latest annual report.

CRTC dismisses bias complaint against Bell Fund

Brief | January 8, 2019

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CRTC dismisses bias complaint against Bell Fund

Brief | January 8, 2019

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