CRTC dismisses WildBrain undue preference complaint against Bell; Rogers facing new complaint

The CRTC decided on Friday that BCE Inc. did not prejudice kids’ TV programming from DHX Television Ltd. by giving undue preference to similar children’s services. DHX, operating as WildBrain Television, first argued to the CRTC in 2023 that Bell was breaching its regulatory obligations toward Corus’ English-language services Family Channel, Family Jr., and WildBrain TV, and its French-language service Télémagino. According to WildBrain, Bell was giving children’s services from Corus Entertainment Inc. and Bell's own subscription-based video-on-demand service Crave an unfair advantage. WildBrain demanded that Bell be required to carry their linear services. In its heavily redacted Part 1 application filed in August 2023, WildBrain said the application had to do with commercial negotiations between programming services and broadcasting distribution undertakings (BDUs) and subscriber choice. In its decision dismissing WildBrain’s claims, the CRTC has found that Bell has not put WildBrain at a disadvantage or given preference to programming available through Corus. It found that Corus does indeed have comparable kids’ TV offerings to WildBrain, but that Crave is not a comparable service because of the wide variety of programming it carries. While the commission in its decision warned broadcast undertakings in general that undue preference rules are not meant to be used to “insulate a given service from the impacts of greater consumer choice,” or for leverage in negotiations, it also noted its decision lands in a “changing environment” for linear programming services. “With the increasing availability of content on online platforms, Canadians face a corresponding increase in choice with respect to their viewing habits,” the commission wrote. For its part, Bell argued during the proceeding that WildBrain was “flooding” the subscription video-on-demand (SVOD) market with its programming and “diluting” the value of its services for Bell. Bell noted that any decisions it made were part of its “ongoing strategic review aimed at improving the economics of our BDU service and providing our customers with optimal value.” Bell said at the time it only contributes about two to three per cent to WildBrain’s overall revenue and that WildBrain Spark, the company’s digital offering, “generates more annual revenue than its entire Canadian BDU revenue stream,” with WildBrain’s programs being distributed on Alphabet Inc.’s YouTube, Netflix Inc., and Amazon.com Inc.’s Prime. “We do not begrudge WildBrain finding lucrative new distribution channels for its programming. However, we do take issue with WildBrain flooding the SVOD market with programming thereby severely diluting the value of their programming to us and then demanding that we be obliged to carry their linear services,” Bell wrote. Bell also argued that WildBrain has not gone through the proper regulatory procedures because it did not explicitly request undue preference consideration as a remedy. The Wire Report has reached out to WildBrain for comment on the CRTC’s decision. WildBrain has made similar allegations against Rogers Communications Inc., asserting in a Part 1 application filed to the CRTC in January that the cable giant has given particular “emphasis” to promotion of Walt Disney Co.’s Disney+ and Corus Entertainment Inc.’s YTV and Treehouse services to customers. WildBrain argues this shows Disney+ gets better treatment than its own children’s programming does, because Disney+ is “marketed prominently” in the bundled TV/internet offers, while WildBrain’s services are now offered in Rogers’ “theme packs” and do not benefit from that kind of prominence or marketing exposure. In response, Rogers told the CRTC the “biggest threat” to WildBrain’s linear services is WildBrain itself. “ aggressive strategy to make its children’s programming ubiquitous online through distribution on multiple platforms and through various third-party direct-to-consumer (DTC) service providers has cannibalized its linear audiences while building its business online,” Rogers said. OUTtv claims undue preference by Rogers Rogers additionally faces new allegations of undue preference launched this week by OUTtv Network Inc. LGBTQ+-focused channel OUTtv launched a proceeding with the CRTC earlier this week. OUTtv is carried by Rogers as a mandatory discretionary service. It said until about September 2023, it was offered by Rogers as a default channel in the cable carrier’s largest general interest package. After that date, OUTtv says Rogers “may have stopped actively marketing” that package, replacing it with one under a different name. According to OUTtv, its channel was not offered in that replacement package but continued to be available in the pre-existing package. While OUTtv says it had seen “steady subscriber growth” on Rogers’ systems after it was included in the earlier package, between January and November 2024 Rogers allegedly reported a “gradual decline” in OUTtv subscribers before subscriber numbers suddenly dropped in December in what OUTtv described as a “cliff-like loss.” “We now understand, after discussion with Rogers ‘after the fact,’ that Rogers repackaged OUTtv into a different and much less penetrated package,” OUTtv alleges. The company says it asked Rogers to tell it in writing exactly what packaging change was made and when, but says it has not gotten that confirmation. “It is apparent that Rogers has moved OUTtv from a relatively widely distributed general interest package, into extremely low penetration packaging,” OUTtv alleges. OUTtv wants the CRTC to force Rogers to restore it to “the most suitable package,” which it says is the one it previously agreed to with Rogers, until the CRTC makes a decision on its application. With files from The Wire Report’s archives. hdaley@thewirereport.ca

CRTC dismisses WildBrain undue preference complaint against Bell; Rogers facing new complaint

Broadcast |
By Hannah Daley
| March 14, 2025

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

CRTC dismisses WildBrain undue preference complaint against Bell; Rogers facing new complaint

Broadcast | By Hannah Daley | March 14, 2025

Unlock all the Canadian telecom, broadcasting and digital media news you need.

FREE TRIAL

SUBSCRIBE

Related Stories

After months of dispute, Rogers & Corus take fight over channel placements, repackaging to Federal Court of Appeal

OPINION: Preparing to effectively engage & consult with Indigenous communities a necessary step

Bell, Telus wholesale rates for pole access in certain provinces now interim rates

CRTC approves Northwestel winback promotion in split decision

Reuse & Permissions

Inside The Wire Report

Information

Hill Times Publishing

Get in Touch With Us

Broadcast |
By Hannah Daley
| March 14, 2025