TORONTO – Rogers wants the CRTC to dismiss Bell’s allegations that its new GamePlus online hockey viewing app provides Rogers with an “anticompetitive advantage.”
In a submission Thursday to the Commission, filed in response to Bell’s complaint last month, Rogers described Bell’s application as “nothing more than Bell’s attempt to use the Commission’s regulatory processes to inhibit or hinder our ability to provide Canadian consumers with new and innovative content offerings”.
GameCentre Live is Rogers’ new online platform that allows fans to stream over 1,000 regular season and playoff games online and to whatever device they like for $200 a season, a subscription which is open to anyone. Rogers wireless data and high speed Internet customers, however, can get it free until December 31, 2014. GamePlus, a feature within GameCentre Live which lets customers take advantage of different camera angles, exclusive interviews, highlights and advanced stats, is exclusive to Rogers’ TV, Internet, home phone and wireless customers.
Rogers vehemently denied Bell’s allegation that Rogers' offering of NHL content through GameCentre Live and GamePlus violates sections 3 and 5 of the Exemption Order for Digital Media Broadcasting Undertakings.
“In no way has Rogers limited or restricted access by Canadian consumers to programming designed primarily for linear television (hockey games) in Rogers GameCentre LIVE”, continues its submission. “The GamePlus offering within Rogers GameCentre LIVE is not programming designed primarily for conventional television, specialty, pay or video-on-demand services. Rather, GamePlus content offers users an inherently interactive experience that is specifically designed for mobile and Internet platforms. It was not designed or created for linear television. It would not have been created but for its role in differentiating our Internet and mobile platforms to our customers through the use of unique and innovative content offerings. This is the very essence of the innovation and market incentive the Commission intended to encourage when it adopted its policy framework.”
Bell, in its application, argued that “the programming included in GamePlus is additional television programming that is fully integrated with and inseparable from the programming broadcast on traditional television (and also in the GameCentre application).”
Both Telus and the CCSA have thrown their support behind Bell’s application.
The CCSA, representing more than 115 independent distributors, said in its application that “there can be no doubt that, by offering GameCentre Live and GamePlus free only to Rogers internet and wireless customers and by offering GamePlus content only to Rogers subscribers, Rogers is conferring a preference upon itself.”
“CCSA is especially concerned with the precedent that could be set if Rogers is permitted to exploit what Bell Canada characterizes as a “loophole” in the existing regulatory framework”, continues its submission. “We note Bell’s statement that, “[t]his loophole, if endorsed by the Commission, will of course be aggressively exploited by all stakeholders.
“Effectively, that amounts to saying that the (vertically integrated) companies will be emboldened to make more and more of their high-value “new media” content available only to customers of their own distribution networks. Such a result would be disastrous for the independent BDUs. It would also greatly limit the choice and flexibility in selecting programming that Canadians outside the major urban centres currently enjoy.”
Bell has the option to respond to Rogers’ application before the Commission decides on the matter.
