The CRTC has dismissed an undue preference complaint from Montreal-based media company Quebecor alleging that CBC/Radio-Canada violated its mandate as a public broadcaster by placing some of its streaming content behind a subscription fee.

The complaint, made on behalf of Quebecor-owned BDU Videotron, alleged that CBC/Radio-Canada gave itself an undue advantage over private broadcasters by placing content on French-language subscription-based streaming service ICI TOU.TV EXTRA. Quebecor also pointed out that the pubcaster offered “exclusive preferential rights” by giving TELUS customers free access to ICI TOU.TV EXTRA programming.

ICI TOU.TV EXTRA is a premium tier of the French-language streaming service ICI TOU.TV, which offers free content as an ad-supported platform.

In its decision, the CRTC stated that since ICI TOU.TV EXTRA is an SVOD service and “does not possess the characteristics of a conventional BDU,” it meets the definition of a digital media undertaking under the exemption order of the current broadcasting act. Therefore the service is not subject to the same regulations as a conventional BDU.

In regards to TELUS, the CRTC stated that “the fact that TELUS is the only company that currently avails itself of this offer does not prove that the CBC has given a preference to TELUS or has subjected Videotron to a disadvantage.” The CRTC stated that CBC/Radio-Canada has negotiated similar offers with other BDUs in the past, including Videotron.

Quebecor responded to the dismissal in a statement to Playback Daily, stating it was “surprised” by the decision.

“While a BDU such as Videotron is subject to numerous obligations as a condition of license… ICI TOU.TV EXTRA gets away with no obligations, while charging taxpayers for programs they have already paid for through their taxes, and charging BDU customers through the Canada Media Fund, which they finance,” read the statement.

“We hope the CRTC will address our concerns and those of other industry players when it issues its decision on the renewal of CBC/Radio-Canada’s licences,” it continued.

CBC/Radio-Canada is currently awaiting a decision from the CRTC regarding its licence renewal, which had a series of virtual hearings in early 2021. Among the core discussions between the pubcaster and the Commission were CBC’s transparency regarding its financials and digital offerings, as well as CBC/Radio-Canada’s request for more flexibility around programming requirements for its linear and digital platforms.

A spokesperson for CBC/Radio-Canada told Playback Daily in a statement that the pubcaster “welcomes the CRTC’s decision.”

“We are convinced of the relevance of a service like ICI TOU.TV EXTRA and that it perfectly meets our mandate as a public broadcaster,” read the statement.

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