CRTC directed to include modified U.S. home shopping programs as authorized foreign programming services

The CRTC is being directed to include modified American home shopping television programming services based in the U.S. on its list of non-Canadian programming services authorized for distribution in order for the government to fulfill its obligations under the Canada–United States–Mexico Agreement (CUSMA). The trade agreement states that Canada shall ensure that the programming services, including modified versions for the Canadian market, “are authorized for distribution in Canada and may negotiate affiliation agreements with Canadian cable, satellite, and IPTV distributors.” In 2020 the Governor in Council (GIC) issued a direction to the CRTC to implement the U.S. home shopping television programming services obligation “by appropriate means.” The CRTC added the distribution of unmodified home shopping programming services to its list of foreign services but excluded modified programming services because “if a foreign service is modified for the Canadian market … , it is ineligible for addition to the list and requires a licence or other authority pursuant to an exemption.” The commission instead allowed the modified U.S. home shopping services to be broadcast in Canada without a licence under the exemption order. Services under the exemption order must originate their programming in Canada, and make predominant use of Canadian resources in its programming. “The U.S. has expressed its dissatisfaction with Canada’s implementation of , including these conditions, which the U.S. alleges are inconsistent with the obligation,” according to the regulatory impact analysis statement published with the order. “Should the U.S. decide to increase pressure on Canada to address its concerns, it may decide to pursue two avenues: (1) formal dispute settlement procedure; or (2) unilateral retaliation under the terms of the cultural industries exception.” The order was published this week in the Canada Gazette. In 2020 the CRTC added Quality Value Convenience (QVC), owned by Qurate Retail Inc., to its list in order to fulfill the CUSMA obligations. In 2016, it denied an application by VMedia Inc. to add the American service. In 2017, the Federal Court of Appeal sided with VMedia, finding the CRTC’s decision to deny the distribution of QVC was not reasonable and ordered the regulator to review the decision. In 2020 the CRTC said its initial denial was justified because QVC would be competitive with The Shopping Channel, owned by Rogers Communications Inc. and that it was only adding the service because of the Governor in Council’s direction. – Reporting by Jenna Cocullo at jcocullo@thewirereport.ca and editing by Phalen Tynes-MacDonald at pcreed@thewirereport.ca.

CRTC directed to include modified U.S. home shopping programs as authorized foreign programming services

News | August 16, 2023

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CRTC directed to include modified U.S. home shopping programs as authorized foreign programming services

News | August 16, 2023

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