The CRTC has given satellite service Sirius XM a short-term licence renewal after what has to be one of the most astonishing rebukes I’ve seen in a long time. As most here know, any broadcaster (although some might quibble whether Sirius is a “broadcaster” in the traditional sense) must donate a certain portion of their profits to promotion of Canadian Content, most usually music.
 
But in a document released on Thursday, the Commission outlined example after example of what it claims appears to be questionable instances of trying to satisfy those requirements – while missing the marks entirely. And it goes back several years.
 
Some of what Sirius tried to use to satisfy their obligations is, to be charitable, very creative. Some examples:
 
-They claimed an interview done with NHL great PK Subban talking about his favourite Canadian artists should count. The CRTC wasn’t buying it.
 
“Mr. Subban himself is not a Canadian musical artist. As such, the Commission finds that the interview with Mr. Subban does not meet the criteria for an eligible CCD initiative … Consequently, the Commission determines that the $199,869 expenditure for the production of the video featuring Mr. Subban is ineligible as a CCD expenditure.”
 
Then there was a recording of Canadian comics made at the Just for Laughs Festival in Montreal, which aired on the system’s Canada Laughs channel.
 
“The Commission considers that the programming received by the licensee was useful for promoting Canadian comedians. However, it was also used to cover expenses that were not above and beyond normal programming expenses, since the licensee received content that was used to meet its condition of licence… In the Commission’s view, this contribution was therefore self-serving. Consequently, the Commission determines that the $285,000 expenditure is ineligible as a CCD expenditure.”
 
And on and on it goes:
 
–Claiming $40,000 in Facebook posts to promote Canadian artists was CanCon. The CRTC found it was more like promotion. Denied!
 
-Claiming a partnership with a Quebec firm was CanCon. The CRTC found there wasn’t even a mention of a Canadian artist. A $4,445 expense was denied.
 
-Saying their documents for claims totalling $1,251 for a photographer to help promote Canadian artists were “vague” and lacked “supporting documentation.” Denied!
 
-Paying a PR firm $6,000 for ten blog posts about Canadian artists were not only “self serving" but the screenshots provided were “poor quality” and in some cases, “illegible.” Denied!
 
And there are a lot more that you can see here.
 
In total, the Commission says Sirius has a shortfall that comes to more than half a million dollars. And to add insult to injury, they also asked the CRTC to reduce their CanCon requirements. Again, Denied!
 
I'm not saying Sirius tried to do anything wrong - perhaps they just interpreted the rules differently. But hey, you still have to give them credit for creative accounting!