OTTAWA — Cogeco Communication is considering legal action against the Canadian Radio-television and Telecommunications Commission (CRTC) due to delays in a decision regarding Quebecor’s online radio station broadcasting on 99.5 FM in Montreal. In a letter sent to the CRTC’s secretary general, Cogeco accused the agency of failing to ensure proper progress on the matter and not fulfilling its responsibilities to the public and the Canadian broadcasting system.

Cogeco's letter, sent on Monday, also claimed that both companies involved in the broadcasting arrangement are operating in an illegal situation. Quebecor responded on Wednesday, accusing Cogeco of making false and defamatory statements about Quebecor Media and of baselessly alleging multiple violations.

The dispute began last year when Quebecor, a major media company in Quebec, announced it would broadcast its QUB digital radio programs on 99.5 FM, which is owned by Leclerc Communication. This move raised concerns within the industry, especially since the CRTC had previously blocked Quebecor from entering the Montreal radio market due to regulations against media concentration. In 2008, the CRTC prohibited single companies from owning newspapers, television, and radio stations in the same market.

To circumvent these restrictions, Quebecor turned to an unregulated digital platform. However, in August 2024, QUB’s popular talk radio shows began airing on a conventional weekday radio frequency, leading to the closure of WKND 99.5 FM without requiring regulatory approval.

Quebecor’s vice president of regulatory and environmental affairs, Peggy Tabet, stated that the agreement is a programming arrangement for live, simultaneous rebroadcast of QUB’s programming on 99.5 FM from Monday to Friday, 6 a.m. to 6 p.m. Leclerc Communication claims it meets its licensing obligations, which require a majority of French-language vocal music during weekdays. However, the CRTC has recently challenged this claim after receiving complaints.

The Quebec music industry has criticized the programming change, while competitors, including Cogeco and Bell Media, argue that the arrangement is illegal. They have urged the CRTC to enforce its regulations on media ownership and to prohibit Quebecor and Leclerc from broadcasting QUB Radio programming during prime time.

Support for Cogeco and Bell has emerged from various stakeholders across Canada. Robin Hildebrand, vice president of Golden West Broadcasting Ltd., expressed concern that the CRTC's inaction could undermine confidence in the regulatory system.

Conversely, Quebecor maintains that the programming agreement serves the public interest and enhances diversity in the radio market. The union representing Cogeco workers has also voiced concerns about a digital broadcaster circumventing CRTC regulations.

As the situation unfolds, stakeholders await a decision from the CRTC. In an email, CRTC spokesperson Leigh Cameron indicated that a decision would be forthcoming. The application was filed in November, with comments opening in December.

Cogeco's patience is waning. Paul Cowling, Cogeco’s chief legal and corporate affairs officer, stated that competitors are losing revenue due to the agreement and criticized the CRTC for its delay. He warned that the inertia harms the Canadian media ecosystem while Quebecor and Leclerc ignore regulatory standards.

If the CRTC does not issue a decision within 30 business days, Cogeco plans to file for a writ of mandamus with the Federal Court of Appeal to expedite the process. Cowling described this legal route as an opportune measure given the CRTC's perceived neglect of its responsibilities. Meanwhile, Quebecor is urging the CRTC to dismiss Cogeco's application to prohibit its broadcasting on 99.5 FM.