Broadcasting - Secretary General Letter addressed to (Timeless Inc.) and Peter Kovacs (Rogers Communications Canada Inc.)
Gatineau, 19 December 2025
Reference: 2022-0445-2
BY EMAIL
Scott Mitchell
President
Timeless Inc.
5510 Mainway. Suite 3
Burlington, Ontario L7L 6C4
smitchell@ticats.ca
Peter Kovacs
Director, Regulatory
Rogers Communications Canada Inc.
1 Mount Pleasant Road, 4th Floor
Toronto, Ontario M4Y 2Y5
peter.kovacs@rci.rogers.com
Subject: Selected remedy concerning the Commission’s finding of undue preference regarding the carriage of the Canadian English-language exempt discretionary service OneSoccer
We are writing to inform you of the Commission’s decision regarding the remedy for resolving the undue preference and disadvantage found in Complaint by Timeless Inc. against Rogers Communications Canada Inc. alleging undue preference regarding the carriage of the Canadian English-language exempt discretionary service OneSoccer, Broadcasting Decision CRTC 2023-94, 23 March 2023 (Broadcasting Decision 2023-94).
Background
In the above-noted decision, the Commission directed both Rogers Communications Canada Inc. (RCCI) and Timeless Inc. (Timeless) to submit proposed remedies to resolve their dispute.
After Broadcasting Decision 2023-94 was published, the Commission received an application from RCCI requesting a review of the ownership and effective control of OneSoccer. In Review of the ownership and effective control of the English-language exempt discretionary service OneSoccer, Broadcasting Decision CRTC 2025-187, 28 July 2025 (Broadcasting Decision 2025-187) the Commission found that OneSoccer was, and continues to be, owned, operated, and controlled by the Canadian company Timeless. In that decision, both parties were asked to resubmit proposed remedies initially submitted after the publication of Broadcasting Decision 2023-94, for consideration by the Commission.
The Commission received the requested filings from both parties in August 2025.
Proposal by RCCI
RCCI proposed making Timeless an offer for the linear distribution of OneSoccer on Rogers’ broadcasting distribution undertakings (BDUs) on commercial terms commensurate with those applicable to other comparable programming services (Sportsnet World, beIN Sports, and Goal TV).
Rogers confirmed that its carriage offer would encompass the distribution of OneSoccer by each of Rogers’ licensed and exempt terrestrial and direct-to-home BDUs. Rogers also confirmed its commitment to making this offer upon the closing of record in the current proceeding, which occurred on 27 August 2025.
RCCI submitted that once this offer has been made, the basis for the undue preference finding would be fully remedied. RCCI further submitted that there is no justification or regulatory basis for the Commission to compel the parties to engage in staff-assisted mediation or final offer arbitration (FOA).
Proposal by Timeless
Timeless proposed that the Commission require both parties to begin in-person, staff-assisted mediation starting 25 August 2025. If mediation were to fail, Timeless proposed that the Commission impose the terms of the affiliation agreement through FOA, beginning no later than 8 September 2025. Additionally, Timeless requested that affiliation payments—at the final agreed-upon rate—should start no later than 1 October 2025.
Timeless criticized RCCI’s proposal, arguing it is inadequate for broadcasting live Canadian soccer matches. It objected to RCCI’s attempt to compare OneSoccer with other services like Sportsnet World, Goal TV, and beIN Sports, which do not air live Canadian sports and are therefore not valid comparisons.
Furthermore, Timeless rejected RCCI’s claim that it cannot be compared to vertically integrated sports services. Timeless asserted its right to carriage under the Wholesale Code, which guarantees fair market value for its service. Timeless warned that undervaluing OneSoccer would threaten its viability, reduce diversity and ownership plurality in Canadian sports media, and diminish programming quality. It emphasized that only actual carriage by RCCI’s BDUs—not just an offer—can resolve the issue of undue preference.
Commission Analysis
The Commission has already ruled that RCCI granted undue preference in Broadcasting Decision 2023-94 and must now determine appropriate remedies based on both parties’ submissions. RCCI, as a vertically integrated (VI) entity and licensed BDU, is subject to regulations designed to protect independent services and ensure timely dispute resolution, especially given the power imbalance between VIs and smaller players.
In its decision, the Commission recognized OneSoccer’s contribution to Canadian content and diversity, noting that its distribution on RCCI’s BDUs would support key objectives under the Broadcasting Act, including enhanced diversity and availability of Canadian programming. In the Commission’s view, further delays in negotiations would undermine these public policy goals and could threaten the plurality of ownership in Canadian sports programming services.
RCCI’s proposal appears to maintain the status quo in the progress of negotiations, which may not necessarily lead to a resolution of the dispute in a timely manner. The Commission’s objective is to encourage dialogue and to increase pressure on the parties to quickly reach an agreement that is acceptable to both parties. Given the imbalance in the parties’ bargaining positions and the associated risks involved, the Commission considers that additional staff-assisted mediation, with a 30-day time limit, would help meet this objective. The Commission further considers that FOA could allow for a timely resolution of the dispute if the parties are unable to reach an agreement.
Commission Decision
After reviewing the proposals made by RCCI and Timeless, the Commission selects Timeless’ proposed remedy, with modifications to the timelines, thereby mandating staff-assisted mediation. This staff-assisted mediation will have a 30-day time limit imposed, beginning today, and ending on Monday, January 18, 2025.
Should RCCI and Timeless fail to resolve the dispute and reach an agreement by no later than Monday, January 18, 2025, the Commission’s FOA process will immediately begin with the issuance of a staff letter and, subsequently, a Conduct Letter.
The Commission encourages RCCI and Timeless to continue bilateral negotiations alongside staff-assisted mediation to reach a resolution to their dispute.
If you have any questions, please do not hesitate to contact Daniel Pye, Director General, Broadcasting Policy, at Daniel.Pye@crtc.gc.ca or 613-614-5926.
Sincerely,
Marc Morin
Secretary General and Executive Vice-President
CC: Scott Shortliffe, Vice-President, Broadcasting, CRTC, Scott.Shortliffe@crtc.gc.ca
Daniel Pye, Director General, Broadcasting Policy, Broadcasting, CRTC, Daniel.Pye@crtc.gc.ca
Pierre-Louis Prégent, Acting Manager, Alternate Dispute Resolution Operations, Broadcasting, CRTC, Pierre-Louis.Pregent@crtc.gc.ca
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