OTTAWA – The CRTC has sided with Videotron in a complaint made by Bell TV regarding advertising opportunities.
Bell TV alleged in a complaint dated April 9, 2009, that “certain practices” between TVA Group and Videotron, both owned by Quebecor, conferred an undue preference on Videotron and subjected Bell TV to an undue disadvantage.
In particular, Bell TV argued that TVA’s refusal to allow it to buy ads on certain of its highest rated programs, and Videotron’s refusal to provide any of its allocated advertising spots on these programs, was contrary to the Canadian broadcasting policy objectives set out in section 3 of the Broadcasting Act, section 9 of the Broadcasting Distribution Regulations, and section 27(2) of the Telecommunications Act.
In Broadcasting Decision CRTC 2009-590, the Commission noted that Videotron did confer a preference by securing exclusive rights to advertise on some shows, but found that the preference was not undue, as TVA had not excluded Bell TV from advertising on other highly rated programs. The CRTC also said that Bell TV did not proven that the inability to advertise on certain programs had negatively affected its ability to generate new subscribers, or reduced “in a material manner its ability to gain exposure in the Quebec market.”
Further, the Commission said that to intervene “based upon the limited evidence provided” in this case would be “inconsistent with its general approach of relying on market forces where possible.”
