OUTtv wins undue preference dispute with Rogers, denied mandatory carriage

It was win one, lose one for OUTtv Network Inc. when the CRTC issued two decisions on Friday, Nov. 28. The LGBTQ+-focused channel triumphed in a dispute with Rogers Communications Inc. while not getting what it sought in a carriage application. In March, OUTtv said that Rogers had removed it from two package bundles, giving undue preference to other broadcasters. The commission received 27 interventions backing the network. “After examining the positions of the parties and the record for the application in light of the regulatory framework, the commission determines that Rogers’ removal of OUTtv from the Premier package constitutes a breach of the standstill rule,” the decision reads. “The commission also finds that the repackaging of OUTtv subjected it to a disadvantage relative to the other services in both the largest general interest package and the thematic packages in which it is now offered, and that the disadvantage is undue in light of the regulatory framework and the evidence of harm.” The regulator has directed the two sides to begin final offer arbitration within one month. The decision was not unanimous. Atlantic and Nunavut commissioner Ellen Desmond, Alberta and Northwest Territories commissioner Nirmala Naidoo, and Quebec commissioner Stéphanie Paquette attached a dissenting opinion to the ruling. The trio questioned whether a broadcasting distribution undertaking (BDU) should be taken to task when changing bundles. “A BDU’s decision to repackage services which leads to a change in penetration rates for a particular service, does not necessarily mean there has been a breach of the BDU regulations,” the dissidents concluded. “To determine whether Rogers had treated OUTtv fairly and in accordance with its obligations, all aspects of the commercial relationship between the parties had to be considered, in order to make an informed decision. In our view, a substantial analysis was not conducted in this instance.” In a separate proceeding launched last October, OUTtv sought better distribution of its service on Canadian BDUs. The application would have seen the network granted must-carry status. When OUTtv’s licence was renewed in 2022, it was placed on must-offer status across English Canada. In a must-offer scenario, BDUs are required to offer the service to subscribers, who then have the option to purchase it or include it in a bundle. In a must-carry scenario, BDUs must provide the service automatically to their subscribers. This means subscribers receive the service as part of their basic TV package. The carriers opposed the proposal while other groups stood with the channel. The CRTC said it would not take up the issue in the short term. “As the public proceeding on working towards a sustainable broadcasting system is ongoing, the commission finds that considering granting a mandatory distribution would be premature, and accordingly, the commission denies the current application,” it stated. “Once the new framework is established, independent services and services of exceptional importance will have greater clarity regarding the support available to them and can submit applications as needed.” In an email to The Wire Report, OUTtv CEO Brad Danks said he was still digesting the pair of rulings. Rogers said it is also still reviewing the decision. ppark@thewirereport.ca

OUTtv wins undue preference dispute with Rogers, denied mandatory carriage

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By Paul Park
|November 28, 2025

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