Updated: Telus asks CRTC to intervene in Italian-language programming dispute

Telus Corp. has accused TLN Media Group (TMG) of undue preference, saying the company has stymied its efforts to carry an Italian-language program by insisting on “commercially unreasonable rates.” In a Part 1 application posted on the CRTC website on Friday, Telus says it previously purchased Telatino from TMG in order to comply with CRTC regulations around third language services, but its transition to an English-language service meant Telus ceased carrying it in January. Telus said in its application that it has been attempting to purchase TMG’s Italian-language service Mediaset Italia since February 2018, but said acquiring Mediaset Italia became a “focus” of the company once it could no longer get regulatory relief by carrying Telatino. “Unfortunately, TMG has sought to leverage that position, initially by attempting to tie acquisition of Mediaset to other channels that it owns, and subsequently by demanding commercially unreasonable rates that would restrict TELUS’ ability to package Mediaset alongside other programming services,” Telus said in its application. TMG has “side-stepped all subsequent attempts” to negotiate a different rate for Mediaset Italia, Telus claims, and refused to let Telus launch Mediaset Italia in anticipation of an agreement being signed. Any “apparent non-compliance” with the regulations around third language services -- which requires a broadcaster offering a third-language service to also offer a Canadian service in the same principal language, where one is available -- is caused by the change to the Telatino service rather than “any action or omission” by Telus, the company argues, adding its “good faith efforts” to re-establish compliance have been frustrated by TMG. The CRTC should therefore not only require TMG to comply with the Wholesale Code and Discretionary Services Regulations, but also not find that Telus had failed to comply with regulations by failing to offer a Canadian Italian-language service. “To do otherwise would enable TMG to leverage its dominant position in the Canadian market as a provider of third-language services to force BDUs into non-compliance unless they accept unreasonable rates for carriage,” Telus said in its application. In an email, TLN spokesperson Bruna Aloe said the Part 1 application and Telus' decision to drop its main channel, with the support of the CRTC, was "more evidence that sweeping reform of the rules governing dominant multibillion dollar companies that control the industry and have overwhelming sway over the regulator itself, are urgently needed." "As an independent ethnic media organization with limited resources, during this pandemic we are focusing on the immediate needs of our constituents – our staff, our collaborators, our clients, our viewers and our community partners," Aloe said. "The past months have been a strain on our organization, like many other small businesses in Canada. It is obscene that a 30 billion telecom would chose now, during a pandemic when people and businesses are being pushed to the brink, to attack us."

Updated: Telus asks CRTC to intervene in Italian-language programming dispute

Brief | July 27, 2020

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Updated: Telus asks CRTC to intervene in Italian-language programming dispute

Brief | July 27, 2020

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