Complaints against Quebecor Media Inc., Videotron Ltd., and Videotron G.P. alleging undue and unreasonable preference and disadvantage regarding the Unlimited Music program
The Commission finds that Quebecor Media Inc., Videotron Ltd., and Videotron G.P. (collectively, Videotron) are acting in violation of subsection 27(2) of the Telecommunications Act by exempting the Unlimited Music program from data charges. Subsection 27(2) prohibits Canadian carriers from giving an undue or unreasonable preference to themselves or any other person, or subjecting any person to an undue or unreasonable disadvantage. Videotron is giving an undue preference to subscribers who access the Unlimited Music program and to the providers whose services are included in that program, and is subjecting providers and consumers of other content and services to a corresponding undue disadvantage.

Unlimited Music enables some of Videotron’s mobile wireless customers to access certain music streaming services without the data associated with those services counting toward the data caps included in those customers’ mobile wireless plans.

The Commission directs Videotron to bring itself into compliance with subsection 27(2) of the Act with respect to data charges for the Unlimited Music program by no later than 19 July 2017, and to report to the Commission when and how it has come into compliance.

This decision promotes the freedom of consumers to access the online content of their choice and supports the ability of all content providers to innovate. It also encourages Internet service providers to compete and innovate based on the capabilities of their networks, as well as to offer a range of speed- and volume-based data packages to provide better choices to Canadian consumers.

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