By Ahmad Hathout
The Federal Court of Appeal on Tuesday turned down Cogeco’s request to argue that the CRTC neglected to consider the editorial impact of allowing Quebecor’s internet station QUB Radio to operate on the traditional FM airwaves.
The court did not provide the reasons.
Cogeco filed the leave to appeal application in November, claiming the CRTC did not adequately weigh the impact of Quebecor’s influence on editorial voices when, in a decision the month prior, it found no issue with a commercial arrangement that allowed QUB Radio to continue operating in the primetime hours, Monday through Friday, of Leclerc Communication’s CJPX-FM (99.5 FM).
Because Quebecor already operates television station TVA Montreal and newspaper Le Journal de Montreal, Cogeco, which said the deal should have received regulatory approval, argued the regulator did not adequately consider in its reasons Quebecor’s grip on editorial voices as a result of the deal.
Cogeco said the CRTC tied too much of its “superficial” analysis on editorial voices to control over the FM station and, therefore, did not sufficiently contemplate the full scope of allowing Quebecor voices on the trio of media properties.
In response to the leave filing, Quebecor argued that the CRTC had already explicitly addressed the editorial voices issue. The regulator noted that even with Quebecor’s prominent place on the airwaves, Leclerc continued to maintain its own editorial presence. For example, Leclerc’s editorial presence and independence in the making of its own programming sees spoken word content that is distinct from QUB’s, the commission noted. Leclerc’s local and regional news finds its way in periods when QUB’s content is being aired, and listeners have access to newscasts prepared and delivered locally by Leclerc’s news department, “reinforcing the diversity of information in the Montreal market,” the regulator added.
“Cogeco may not agree with the CRTC’s findings, but it cannot seriously claim that the CRTC failed to consider the impact of the Agreement on the diversity of voices in the media marketplace of ideas,” Quebecor said in its court filing.
Cogeco Media declined to comment. Quebecor did not respond to a request for comment in time for publishing.
The CRTC ruled in October that the commercial arrangement, announced in the summer of 2024, did not require its approval because Leclerc still has full control of the station and, because of that, the deal does not violate the commission’s rule on cross-media ownership, which forbids a single company from owning more than two of three media properties – radio, newspaper and television – in a single locality.
Cogeco and Bell, the two other major radio players in the city, brought forth a joint application to the CRTC asking it to review the arrangement on two grounds: beside what it perceived as a cross-ownership issue, they also alleged the deal would give Quebecor control of Leclerc’s station, which requires regulatory approval because it would constitute a change of ownership.
