BROADCASTING - Licensing - Broadcast undertakings - Television - Distribution undertakings - Discretionary television service - Non-Canadian TV stations

Law360 Canada ( October 3, 2017, 8:38 AM EDT) -- Appeal by VMedia Inc. (VMedia) from the decision of the Canadian Radio-television and Telecommunications Commission (CRTC) denying its application to add QVC to the List of non-Canadian programming services and stations authorized for distribution (List). VMedia was a licensed Canadian Broadcast Distribution Undertaking (BDU). QVC Inc. was a United States (US) company operating a television shopping channel, QVC, which was distributed by cable and satellite services in the US. The appellant, acting as a sponsor, applied to the CRTC to add QVC to the List. The respondent, Rogers Media Inc., intervened to oppose the appellant's application. The CRTC determined that QVC Inc. would be carrying on a broadcasting undertaking in Canada if added to the List, therefore QVC Inc. had to obtain a license or be otherwise authorized pursuant to a valid exemption order before QVC could be distributed in Canada by the appellant or a different BDU. The CRTC found that it could not issue a broadcasting license to QVC Inc. because it was non-Canadian. It also ruled that QVC Inc. was ineligible to operate pursuant to the Teleshopping Exemption Order. The CRTC noted that it had previously denied QVC’s request to remove the condition that a teleshopping service be Canadian from the Teleshopping Exemption Order because there was insufficient evidence of a benefit to Canada and its consumers....
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