OTTAWA – The CRTC is calling for comments as it reconsiders its earlier decision to block U.S.-based cable television shopping service QVC from the list of non-Canadian programming services and stations authorized for distribution north of the border.
The move comes after a Federal Court of Appeal (FCA) ruled last September to allow an appeal of the Commission’s April 2016 decision that rejected VMedia Inc.’s application to add QVC to the List. The FCA determined that the decision was not reasonable as it did not adequately explain why the Commission deviated from its general approach with respect to the authorization of non-Canadian services and instead based its decision on whether QVC would be carrying on a broadcasting undertaking in Canada.
VMedia filed another CRTC application in December saying that it wished to proceed with the application to add QVC to the List, and provided updated information, including a legal opinion in support of the application.
The Commission on Tuesday called for comments on VMedia’s request, adding that it is also seeking rationale and supporting evidence on whether, if added to the List, QVC would be carrying on a broadcasting undertaking, in part, in Canada; and in light of the nature of teleshopping services, whether (and if so, how) the Commission should apply the competitiveness test or otherwise assess a request from a sponsor to add a non-Canadian teleshopping service to the List.
Interventions, comments or answers are due by March 29 and VMedia may submit its reply by April 9, 2018.
