BCE is appealing to the Federal Court of Appeal regarding a Jan. 29, 2015 ruling by the CRTC that bars Bell Mobility from exempting its mobile TV service from mobile subscribers’ monthly data cap.

“The CRTC…considers the service a broadcast undertaking and should have regulated it in that way but didn’t, which is why we are turning to the court,” Bell spokeswoman Jacqueline Michelis told Playback Daily on Monday in a statement.

The CRTC decision also impacted the mobile TV app available from Videotron Ltd. for its illico service.

The regulator cited the Telecom Act to conclude mobile TV service providers cannot give their own product “an unfair advantage in the marketplace.”

BCE’s mobile TV app enables subscribers to view up to 10 hours of streamed content for $5 a month outside of monthly data caps that apply to third-party product like Netflix and YouTube content.

The CRTC ordered Bell Mobility and Videotron to scrap their “unlawful practice” by April 29, 2015 at the latest.