PRB 05-92E Sam N. K. Banks Carolina Mingarelli Revised 9 December 2008 Parliamentary Information and Research Service Library of Parliament Satellite Radio INTRODUCTION One of the biggest broadcasting stories of 2005 was the arrival of subscription satellite radio services in Canada.(1) At the time, satellite radio was presented by some as “arguably the most revolutionary advancement in broadcasting history”(2) and the biggest technological development in radio since the introduction of FM radio almost 40 years ago.(3) One commentator ventured that satellite radio would “change the very nature of Canadian broadcasting from the ground up, as well as the tuning habits of Canadian radio listeners.”(4) Like enhanced cable with high-definition digital programming as compared to basic, non-cable television, satellite radio offers more variety and greater range at a higher price. Digital audio programming is sent via satellite directly to cars, homes and public locations for subscribers who have special receivers. Terrestrial transmitters fill in gaps in coverage. Unlike conventional radio, which can be received for free, satellite radio costs its subscribers approximately $14 per month. In addition, the receivers needed to listen to subscription radio programming cost from $60 to $400. Much like satellite television, each broadcasting service has its own type of receiver, which can only receive that broadcaster’s programming. SATELLITE SERVICE PROVIDERS IN CANADA Canadian Satellite Radio Inc. (operating under XM Canada) and Sirius Canada Inc. (in which the CBC is a partner) are two satellite radio services now broadcasting in Canada. Each service carries over 120 channels. Both services claim that the music channels are entirely commercial-free,(5) and the news, talk, sports and comedy radio channels boast exclusive content and have substantially fewer commercials than conventional radio. THE ADVANTAGES OF SATELLITE RADIO The range or reach of satellite radio is significantly greater than that of conventional radio, which is generally local and emits signals that fade with distance and can be disrupted by mountains or other objects on the landscape. Satellite broadcasting technology allows a radio broadcaster to send a signal to a satellite located in orbit above the earth; the satellite then returns the same signal to a large area of the earth’s surface (the signal’s “footprint”). The technology allows a signal to be sent directly to any place that has a device for receiving it. It is thus possible to listen to the same channel during a drive from St. John’s, Newfoundland and Labrador, to Ucluelet, British Columbia – a range of almost 8,000 km. The satellite signal will be lost, however, when a structure such as a parking garage or a bridge interrupts the signal. Weather conditions may also disrupt the signals from time to time. Satellite radio is further distinguished from conventional radio by the variety and depth of programming offered. Music programming in particular is categorized and subcategorized. For example, programming is offered by decade (1950s, 1960s, 1970s) and differing genres (urban, country, bluegrass, Latin, hip-hop, Christian, jazz and blues, classical, world, rock). Within each genre further divisions are found: for example, one service offers an all-Elvis channel, and “classic rock,” “progressive rock” and “deep classic rock” niches are represented. Each service also broadcasts exclusive concerts for subscribers. Channels dedicated to talk radio include politics, sports, advice, and lifestyle. This ability to provide such niche programming means that satellite radio can offer subscribers far greater depth and variety than can conventional radio. In contrast, AM and FM radio are constrained by a comparatively limited number of channels. As well, each station must pursue its target audience and thus cannot risk offering programming that is radically different. As a result, conventional radio is criticized as an increasingly homogenized medium. Moreover, the amount of commercial advertising on conventional radio may irritate some listeners. THE DISADVANTAGES OF SATELLITE RADIO What satellite radio does not offer, however, is local news, traffic and weather; for that listeners must continue to rely on their conventional local – and free – AM or FM radio stations. Satellite radio also does not offer exposure to “world music” as broadly as Internet radio channels available free of charge (assuming the availability of a computer and Internet connection), and the programming offered by satellite radio, while wideranging, is limited to broadcasts from North America. However, the most significant drawback to satellite radio is that it requires the consumer to purchase a new type of receiver and, more importantly, the radio content. Convincing radio listeners to buy what they are accustomed to receiving free may be a challenge. In addition, because each service has its own type of receiver, consumers must select and stay with a particular service or else incur significant costs to switch. CANADIAN AND FRENCH-LANGUAGE CONTENT ON SATELLITE RADIO The Canadian Radio-television and Telecommunications Commission (CRTC) requires that all conventional radio stations ensure that 35% of their popular musical selections are Canadian each week. Before granting licences to Canadian satellite radio services, the CRTC had to decide how much Canadian content each service would have to provide. This issue was a matter of significant debate during the process to approve the services in Canada. Because the programming on satellite radio is mostly American-produced, there were concerns that there would be insufficient levels of Canadian and Frenchlanguage content, and that what Canadian and Frenchlanguage content was available would be overwhelmed and marginalized. Many people, however, supported the arrival of satellite radio in Canada, praising the greater variety and reach of the service over conventional radio. Emerging and independent Canadian artists in particular were supportive, suggesting that satellite radio, with its niche markets, would provide greater exposure than does conventional radio’s mass market. Whether it has resulted in greater exposure of Canadian artists in North America remains to be determined. Ultimately, the CRTC decided that 10% of the satellite radio channels available in Canada must be Canadian-produced, and one quarter of that 10% must be French-language stations. A minimum of 85% of the musical selections broadcast on the Canadianproduced channels as a whole must be Canadian. A similar proportion was imposed on spoken-word programming, whereby 85% of it must be produced in Canada and feature a Canadian primary performer or speaker. Moreover, each satellite radio service must devote at least 25% of the Canadian musical selections it broadcasts to songs by emerging Canadian artists. Further, each service must contribute minimum sums for Canadian talent development; this money is to be divided equally between French- and English-language talent. In late 2005, both Sirius Canada and XM Canada launched their programming. Ten of the 100 channels Sirius Canada offered were Canadian, with equal numbers of Frenchand English-language programming. Of the 88 channels on XM Canada, 8 were Canadian, 4 each in French and English. In 2008, Sirius Canada offered 12 Canadian channels, 5 of which were in French, and XM Canada had 19 Canadian-produced channels, with 5 providing French-language programming. SATELLITE RADIO AND THE “GREY MARKET” Prior to late 2005, no Canadian radio service was authorized to provide satellite radio programming in Canada. Some Canadians wishing to receive the service obtained it from one of the two US providers via the “grey market.” Canadians would buy US receivers and then subscribe to a US service, using a false US billing address. As many as 80,000 Canadians may have used this grey market avenue to obtain satellite radio service.(6) It was suggested that many of these grey market users signed up mainly to receive a particular channel featuring a US-based radio personality.(7) (That channel and radio personality are included among those now heard on a Canadiandistributed satellite radio network.) It was also suggested that the number of grey market users indicated a strong interest in receiving satellite radio and that if the service was not available in Canada, then Canadians would resort to the grey market. This could cause the grey market to grow even larger. Tied to these concerns about the size and growth of the grey market were fears of concomitant losses of revenues and opportunities for the Canadian music and broadcasting industries. Moreover, foreign broadcasters are not obliged under their terms of licence, as are Canadian broadcasters, to devote a certain proportion of their programming to Canadian content. Therefore, the grey market could represent both economic and cultural losses to Canadian listeners. Now that satellite radio is being distributed in Canada, it will be interesting to see whether the grey market listeners will be repatriated to Canadian satellite radio services and what effect, if any, that may have on Canadian broadcasting and cultural industries. OTHER ECONOMIC CONSIDERATIONS Satellite radio’s expanding market puts it in direct competition with free Internet radio as well as with pay audio programming services in cable, direct-tohome and mobile formats. Though satellite radio once focussed on the car market, it has more recently set its sights on distribution via cell phones. Also, in 2006 and 2007, cable and direct-to-home satellite television services obtained a modification to their broadcast licences, allowing them to distribute satellite radio digitally.(8) These changes may help broaden satellite radio’s listenership. Today, it appears that satellite radio in Canada has found an audience. A fall 2006 survey indicated that after almost one year on the air, satellite radio’s audience was larger than that of Internet and pay and specialty radio programming services combined.(9) In 2007, Canadians who owned satellite radio receivers spent 11 hours a week listening to satellite radio.(10) As of 12 June 2008, Sirius Canada reported that it had over 750,000 subscribers(11) and by 21 May 2008 XM Canada’s subscriber base had reached 439,900.(12) Though satellite radio’s audience seems to be growing, competition is as well. Satellite radio is now offered on many new cars, either as an option or already installed. But adapters allowing consumers to plug their MP3 players or iPods into their car stereos have hit the market, and many car manufacturers now also provide the option of integrating these devices directly into new models.(13) XM Canada is responding to competition from MP3 players with the launch of the XMp3, a portable satellite radio and MP3 player. Another potential competitor for the industry is digital radio broadcasting (DRB). Like satellite radio, DRB requires a special receiver, but its broadcasts are free. Moreover, the technology allows a broadcaster to emit several signals on one frequency, thus allowing for the creation of bilingual radio stations or the transmission of ancillary information along with the programming (such as traffic and weather information and even graphics). Though DRB remains a fringe media in Canada, it is gaining in popularity in the United States (Ford equips certain of its models with stereos capable of receiving DRB) and could have an impact on the audience for satellite radio in coming years.(14) With the growth and increasing acceptance of satellite radio as a viable alternative to commercial radio, there had been concerns that the value of advertising time on conventional radio would decline. This seemed especially likely, given that one of satellite radio’s main selling points is that it is virtually commercialfree. This decline in the value of advertising time on conventional radio could, in turn, lead to losses of revenue for radio stations and their shareholders. So far, the introduction of satellite radio in Canada does not seem to have had a detrimental effect on terrestrial private commercial radio revenues. In fact, between 2006 and 2007, total revenues for private commercial radio stations increased by 6.2%, mainly because advertisers are paying more for airspace. Moreover, 2007 saw the launch of 23 new radio stations in Canada.(15 ) The recent merger of Sirius and XM in the United States has put satellite radio back in the news. In July 2008, 17 months after the announcement of the transaction, the US Federal Communications Commission approved the merger, which had received wide media coverage. The merger has raised questions as to the status of these companies’ Canadian counterparts. Though both Sirius Canada and XM Canada have indicated that their services in Canada will not change as a result of the merger in the United States, André DiCesare, Vice-President of XM Canada, has recently indicated that “the future of satellite radio is with one distributor.”(16) The CRTC has demanded that both explain any merger plans and how these could affect their broadcasts.(17) The CRTC has also indicated that it has the right to reject any merger between the two companies in Canada, and if such a transaction were to occur, to hold public hearings. The US companies merged to cut costs in order to better compete with new technologies and free Internet radio. This will result in the consolidation of their broadcasts from one satellite and the closing of any duplicate specialty radio stations. All of this has sparked concern over continued procurement of Canadian content, the ability for a business to circumvent regulations by a merger and greater foreign ownership of the two Canadian satellite radio services in the future.(18) (1) Greg Quill, “The year of digital satellite,” The Toronto Star, 28 December 2005, p. E8. (2) Joe Leary, “Stern a hot buy on ‘grey market,’” The Province [Vancouver], 15 January 2006, p. C3. (3) SpaceRef Interactive Inc., News release, “XM Satellite Radio Launches First U.S. Digital Satellite Radio Service,” 25 September 2001, http://www.spaceref.ca/news/viewpr.html?pid=6105. (4) Quill (2005). (5) XM Satellite Radio Inc., the US version of XM Canada, added advertising to four of its music channels in 2006: Sarah McBride, “Four XM Music Stations Will Start Running Ads,” The Wall Street Journal, 8 March 2006, p. B3. At the time, one commentator suggested that “[a]nalysts believe the company, and its partners, could one day generate significant revenue from advertising” (Ibid.). To date, neither Sirius nor XM Canada has incorporated advertising to its broadcasts. (6) Greg Quill, “Thousands of Canadian Stern fans sign up for ‘grey market’ radio,” New Brunswick Telegraph Journal, 5 January 2006, p. E6. (7) Ibid. See also Leary (2006). (8) Canadian Radio-television and Telecommunications Commission [CRTC], Broadcasting Policy Monitoring Report 2007, Gatineau, July 2007, p. 38, http://www.crtc.gc.ca/eng/publications/reports/Policy Monitoring/2007/bpmr2007.pdf. (9) Ibid., p. 11. (10) CRTC, Communications Monitoring Report 2008, Gatineau, July 2008, Table 4.5.6. (11) Sirius Canada, “Sirius Canada Exceeds 750,000 Subscribers,” News release, 12 June 2008, http://www.siriuscanada.ca/en/media/press_view.aspx ?ID=press_00083.aspx. (12) XM Canada, “XM Canada reports third quarter results and first ever positive cash flow quarter,” News release, 10 July 2008, http://media.integratir.com/ t.xsr/PressReleases/XMQ308_PR.pdf. (13) Associated Press, “Apple and 3 Automakers Plan Alliances on iPod Use,” New York Times Online, 4 August 2006, http://www.nytimes.com/2006/08/04/technology/04ipo d.html?_r=2&adxnnl=1&fta=y&adxnnlx=1224874479U6/Gf1+xfLDIODTuOoGZhw&oref=slogin& oref=slogin; N. Van Praet, “Finally, Radio You Can Watch: Sirius Offers Video Data,” National Post, 15 November 2006, p. FP6. (14) A. McKenna, “La Radio HD sur les traces de la radio satellite,” La Presse, 21 January 2008, p. La Presse Affaires 1. (15) CRTC, Commercial Private Radio: Statistical and Financial Summaries 2003–2007, Gatineau, July 2008, http://www.crtc.gc.ca/eng/publications/reports/BrAn alysis/radio2007/radio2007.pdf. (16) P. Cloutier, “Une fusion est dans l’air,” Le Soleil [Québec], 4 November 2008, p. 29 [translation]. (17) V. Pilieci, “Canadian Regulator Questions Satellite Radio Merger Plans,” The Ottawa Citizen, 20 July 2008, p. A1. (18) V. Pilieci, “Satellite Radio Merger Threatens Canadian Content,” The Ottawa Citizen, 31 March 2008, p. A1.