OTTAWA – The CRTC has turned down a request by VMedia Inc. to add U.S.-based cable television shopping service QVC to the list of non-Canadian programming services and stations authorized for distribution north of the border.
In its decision on Monday, the Commission concluded that if authorized, QVC would be carrying on a broadcasting undertaking in whole or in part in Canada, a move that is contingent upon it either obtaining a broadcasting licence or being otherwise authorized pursuant to a valid exemption order. The CRTC added that it is unable to issue a broadcasting licence to QVC and that the service does not meet the criteria set out in the Teleshopping Exemption Order.
“With respect to VMedia's argument that the sale of products by QVC does not amount to carrying on a retail business in Canada, the Commission is of the view that the sale of products is an integral component of QVC's teleshopping service and cannot be separated from the programming”, reads the decision. “QVC's activities in Canada would involve the promotion, sale and distribution of products to Canadians on a continuous basis. While there are programming services on the list that sell products to Canadians, unlike QVC, these are not dedicated to teleshopping services funded primarily by retail sales to viewers.”
