The CRTC on Friday rejected a WildBrain application alleging Bell is disadvantaging its children’s programming to the benefit of Corus in the English-language markets.
Both Bell and Corus rejected the notion that there was any preferential treatment that disadvantaged WildBrain, as it sought to negotiate carriage with the large broadcaster.
That’s despite the commission finding that WildBrain and Corus have similar services, an important component to establish in an undue preference complaint. As a result of this determination, the commission said it found no need to get into whether there was any undue preference or disadvantage.
The commission urged the parties to negotiate a way out of their impasse on their affiliation agreement.
“The Commission reminds broadcasting undertakings that the undue preference mechanism in the BDU Regulations and in the Discretionary Services Regulations should not be relied upon to insulate a given service from the impacts of greater consumer choice such as through the provision of an effective access right or to create leverage in negotiations,” the CRTC wrote, adding that it was examining the market dynamics between broadcasters and programming services.
That consultation includes a review of the standstill rule, which has been triggered a lot lately.
In the meantime, WildBrain has an outstanding complaint against Rogers claiming the cable giant is disadvantaging its programming in favour of its own. Rogers has outright rejected the claim, saying in a partially redacted reply submission it treats similar descretionary services the same and that children’s programming has seen a decline in viewership on traditional TV as audiences have moved online.
