Support Satellite Radio

It has been well publicized that the vast majority of unsigned independent artists recognize the opportunities that satellite radio provides. The following is an overview of why Canada's artists so overwhelmingly support satellite and subscription radio.


During the summer of 2004, Indie Pool was approached by Canadian Satellite Radio (CSR) and asked to support their application for license to broadcast in Canada. CSR, which is associated with XM Radio, is wholly owned by Canadian John Bitove, the man who headed Toronto's Olympic bid and the man responsible for securing the Toronto Raptors franchise.

Indie Pool began a month of research into the playlists of XM and Sirius to test whether their contentions about being "indie-friendly" were accurate. We were happy to discover upon our initial listening sessions that there were many Canadian artists being heard on satellite in the U.S. that are rarely, if ever, heard on commercial radio in Canada. We heard older artists, hot new acts and even music from unsigned Canadian artists. Here's some of what we initially researched and heard:

Andrea Klas, Ashley MacIsaac, Audiogram, The Be Good Tanyas, The Beethoven Frieze, Ben Heppner, Broken Social Scene, Canadian Brass, Carol Welsman, Cash Brothers, Charlotte Diamond, Cirque De Soleil, Colin Linden, Corb Lund Band, Death From Above 1979, Daniel Lanois, David Wilcox, Dayglo Abortions, Deborah Cox, Delerium, DOA, Frank Mills, Fred Eaglesmith, Fred Penner, Grapes of Wrath, The Guthries, Guy Lombardo, Harry Manx, Hayden, Holly Cole, Hot Hot Heat, Howard Shore, Ian & Sylvia, Jack Grunsky, Jane Siberry, Jeff Healey Band, John McDermott, Jr. Gone Wild, k.d. lang, Kate & Anna McGarrigle, Kathleen Edwards, Kevin Breit, Kid Koala, Kittie, Lenny Breau, Leonard Cohen, Lhasa, Liona Boyd, Loreena Mckennitt, Margo Timmons, Michael Burgess, Molly Johnson, Monica Schroeder, Moxy Fruvous, Murray McLauchlan, Natalie McMaster, Neko Case, The New Pornographers, Nylons, O Susanna, Oscar Peterson, Percy Faith, Plastikman, Raffi, Real, Rita McNeil, Robert Goulet, Rockin' Highliners, Ron Sexsmith, Rufus Wainwright, Rymes With Orange, The Sadies, Sean Hogan, Shadowy Men on a Shadowy Planet, Sharon, Lois and Bram, Skinny Puppy, Skydiggers, Slaves on Dope, Stan Rogers, Stickmen, Stills, Sue Foley, The Supers, Tafelmusik, Tal Bachman, Tegan and Sara, The Weakerthans, The Wilkinsons, Voivod, Walter Ostanek & His Band.

Needless to say, we were impressed that this new technology was creating so much opportunity for Canadian artists, even before licensing in Canada. Here was a US-based, continental broadcasting system playing more Canadian independent music then we had ever heard on Canadian commercial radio.

Research also showed us that there was a growing grey market in Canada (i.e. Canadians subscribed to XM or Sirius using a US address). According to Decima, at least 100,000 Canadians were already subscribed to the satellite radio services. The CRTC had no level of control over these broadcasts. With that threat growing, and the recent high-profile satellite signings of Howard Stern, major league baseball, the NFL, the NBA, Snoop Dogg, Tom Petty, Martha Stewart, Tony Hawk and many others, we concluded that the risk of doing nothing was greater than the risk of confronting the issue. Ignoring this risk was not protecting Canadian culture.

We met with CSR to discuss their plans for Canadian Talent Development funding. We were happy to find out that they wouldn't only support traditional funding organizations (which overwhelmingly favour signed artists), but they would also support projects that will affect the lives of unsigned artists. They had already committed some funding to Canadian Music Week, The Indie Awards and other indie-friendly projects. At the time, many artists were paying a lot of money for digitization of their CDs to sell on Puretracks and iTunes. CSR kindly offered to contribute $40,000 per year to digitization, with Indie Pool committing to reduce digitization fees by the same $40,000 (i.e. no profit for Indie Pool, just a price reduction for unsigned artists).

Considering the existing indie-friendly play lists, the growing grey market, the commitment to offering Canadian channels, the export of Canadian culture to the US and the benefits to unsigned artists, Indie Pool decided this was something worth fighting for. We started a petition and received thousands of signatures and positive comments from independent artists. (www.indiepool.com/comments)


In November 2004, the CRTC had a week of public hearings on satellite radio in Ottawa. Gregg Terrence of Indie Pool spoke for 10 minutes and expressed the apparent and overwhelming support for satellite radio by Canada's unsigned artists. We delivered the petition to the commission and shared our unique perspective on the issue.

After Indie Pool's presentation, in the hallways of the CRTC, we were introduced to CHUM/Astral's DAB "made-in-Canada" subscription service. Until that time, their group had not introduced their service to Indie Pool and Canada's unsigned artists. Although they did not ask for our support, we have since supported their application for license in the name of choice for Canada's unsigned artists.

Unfortunately, the CHUM/Astral group considers us opponents since we do not stand against the satellite radio applicants, their future competitors. We simply cannot ignore the fact that Canadians are already choosing to subscribe to satellite radio services and will continue to do so even if CHUM/Astral successfully secured a subscription monopoly in Canada. For that reason, we cannot ignore the grey market threat and support the CHUM/Astral bid exclusively.

We are acting in the best interests of Canadian culture. If we pretend that the satellite radio signals aren't already being broadcast into Canada and that the early adopters are already signing up, we'll be doing Canadian culture a huge disservice. We will continue to have no Canadian channels. We will continue to have no control over decency and programming. We will continue to receive no funding for Canadian musicians from Canadian subscribers. We will continue sending millions to the US and receive nothing in return. We must face this threat, legalize these services and exert some measure of control over their activities in Canada. To do otherwise, as some are suggesting, would be a reckless gamble with Canada's music and radio industries.


In June 2005, the CRTC announced the unanimous (5-0) approval of all three satellite/subscription radio licenses. Canadian Satellite Radio (XM), Sirius Canada and CHUM/Astral have all received conditional approval to begin broadcasting in Canada.

In short, Canada's unsigned artists received everything we asked for and more. We asked the CRTC to extract as much as possible from the applicants (Canadian Content, artist development dollars, etc...), but without setting conditions so high that they drive the satellite radio providers into the grey market. The CRTC has impressively walked this tightrope and delivered the best possible result for independent musicians:

The CRTC has required:
• At least 8 original channels must be produced in Canada (on each satellite service)
• There must be 85% Canadian Content on each of those 8 channels

The CRTC then delighted us by adding the following conditions:
• At least 25% of CANCON music must be new Canadian musical selections
• A further 25% of the CANCON music must be by emerging Canadian artists!

The CRTC wisely recognized the need to make Canadian Content requirements progressive and smarter. We have been advocating the need for progressive CANCON for some time now. We published www.letsfixcancon.ca earlier this year and brought the subject to the forefront. We did not expect the satellite radio decision to offer insight into CANCON PRO, but we believe it shows the CRTC is listening to Canada's unsigned artists and are eager to assist their development.

In another victory, the licensees must also contribute an astounding 5% of their GROSS revenue to initiatives for the development of Canadian talent. Using conservative estimates, this should make satellite radio the single largest contributor to Canadian Talent Development in Canada.

The same groups that stood against satellite radio are appealing the decision to federal cabinet. We consider their appeals, which effectively propose that the federal cabinet become a complicit facilitator to black market satellite radio, to be a reckless high-stakes gamble with Canada's culture and radio industry. We are confident that cabinet will uphold the CRTC's balanced decision but are remaining vigilant in our lobbying efforts.


The Liberal government has responded to Canada's independent recording artists and has upheld the CRTC's landmark ruling to award licences to Canadian Satellite Radio, Sirius Canada and CHUM/Astral.

The decision to deny the appeal was delivered Friday afternoon after a meeting of senior cabinet ministers. According to many sources and media, cabinet was comfortable in upholding the original CRTC ruling, largely because ministers were persuaded by Canada's recording artists who stepped forward and called on the Liberal government to let the decision stand. It is our understanding that cabinet received thousands of letters from independent recording artists in support of changes to Canada's radio policies which overwhelmingly favour signed artists.

Canadian independent recording artists should be proud of what they have accomplished during this process. For the first time in Canada's history, unsigned artists have become an important political player, through petitions and letter writing campaigns. You are the future of Canadian music and your opinion needs to be heard.

Congratulations on your new found influence at the highest levels of power.

Cheers,

Gregg Terrence
Indie Pool


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