Konrad von Finckenstein’s contentious term as chairman of the federal broadcast and telecom regulator is coming to an end, after five years characterized by clashes with the Tory government and a series of landmark decisions about the future of the industries it oversees.
Mr. von Finckenstein had been seeking an extension to his term as head of the Canadian Radio-television and Telecommunications Commission, according to people with knowledge of the matter. In an internal memo sent early Tuesday afternoon, Mr. von Finckenstein informed his staff that the government will soon be evaluating candidates to take over his job.
It’s a weighty responsibility. The CRTC defines and enforces the rules that media and telecom companies must follow – and affects the quality and price of all the major communications services Canadians use every day, from their TV to their Internet and phone connections.
Since he was appointed in 2007, Mr. von Finckenstein has butted heads with federal government officials and industry heavyweights, overseen drastic changes to the broadcast and telecom sectors in Canada, and testily scolded anyone at CRTC hearings he felt did not adequately answer his questions.
His five-year term ends in January, 2012.
“I know that I can count on your dedication over the next four months,” Mr. von Finckenstein wrote in the memo.
Heritage Minister James Moore, one of two federal ministers (along with Industry) who oversee the arm’s-length regulator, was not available for comment.
“We thank Mr. von Finckenstein for his service as chair of the CRTC,” a spokesperson for Mr. Moore said in an e-mailed statement. “A process for the selection of a new CRTC chair will be announced in the weeks ahead.”
Officials at the Department of Canadian Heritage and the Privy Council Office will be in charge of examining candidates for the job. Mr. Moore will then announce Mr. von Finckenstein’s successor.
The chairman clashed with the government more than once during his tenure, most recently during the fierce debate over usage-based billing for Internet services. The CRTC had ruled that large Internet service providers, such as Bell Canada, could impose limits on how much bandwidth small independent Internet providers are allowed to use when they piggyback on the larger companies’ networks. Consumer advocates and smaller independent Internet providers protested, saying the decision effectively killed the independents’ ability to offer unlimited data plans to their users.
The Industry Minister at the time, Tony Clement, said that the government would overturn the CRTC’s decision if the regulator did not reconsider. The uproar prompted a CRTC hearing into the matter in July, and the CRTC is now considering its decision.
It was not the first time the government intervened during Mr. von Finckenstein’s five-year term. During the fall of 2009, cabinet overturned a CRTC ruling that Globalive Wireless Management Corp. did not adhere to Canadian ownership rules in the sector, kicking off a debate over foreign ownership in telecom, and a legal battle.
The clashes with government caused industry observers to take notice.
“You can’t talk to anybody these days who doesn’t note the fact that he’s had a number of decisions overturned,” said former CRTC chair David Colville, speaking from his home in Halifax. “I think he’s done a pretty credible job dealing with a lot of difficult issues that have come before him.”
Mr. von Finckenstein announced his departure to staff less than a week after the CRTC released a major decision attempting to define how it will regulate a changing broadcast industry. Within the landmark announcement was a new set of rules for “vertically integrated” companies, or cable and satellite providers that also own broadcast assets; a demand that TV providers create more à la carte options for their subscribers; and a ban on hoarding TV shows for exclusive viewing on mobile devices.
