OTTAWA – OUTtv is accusing Bell Canada of undue preference after learning that Bell intends to repackage its must-carry service as early as next month.
The complaint, dated December 20, 2011, alleges that Bell refuses to distribute OUTtv in the best available package of programming services consistent with OUTtv’s genre and programming, as required by the code of conduct set out in the Commission’s new vertical integration policy. At the same time, the complaint continues, other programming services, including Bell-owned Fashion TV, Bravo and MuchMoreMusic, are being provided with terms of distribution that are materially advantageous to those provided to OUTtv, contrary to section 9 of the Broadcasting Distribution Regulations.
OUTtv is a national, English-language Category A specialty television service that offers lifestyle and entertainment programming designed to meet the needs and interests of Canada’s gay, lesbian, bisexual and transgender community and their allies.
The current affiliate agreement between Bell and OUTtv ended in 2010, however, OUTtv maintains that both parties continued to act as if all terms of the previous affiliate agreement were in force. Negotiations continued and OUTtv says that it was told by Bell last October that its new packaging would be offered to all new Bell TV and Bell Fibe TV subscribers outside of Quebec effective February 19, 2012.
Until the dispute is resolved, OUTtv has asked for a “standstill” whereby the CRTC orders Bell not to move it to another programming package or move or launch any other lifestyle or variety programming services. The Commission has yet to comment on that part of the complaint.
Both the CRTC and OUTtv have since approved Bell’s request for an expedited process on the matter. The public intervention period and responses by Bell are due by January 19, and OUTtv has until January 25 to reply. The Commission’s decision, with separate reasons to follow, will be rendered by February 10, 2012.
– Lesley Hunter
