A group of three television service providers is charging Rogers Communications Inc. with breaching competition regulations and raising costs for Canadian sports enthusiasts by making Monday night hockey games available solely through its Sportsnet Plus streaming service for this NHL season.
In a communication to Canada’s broadcasting authority on Tuesday, the companies — Cogeco Inc., Eastlink, and SaskTel — argue that Rogers is compelling fans to pay an additional $12.99 monthly fee to watch the hockey matches on Monday evenings, unless they already have a subscription to Sportsnet through Rogers TV or Sportsnet Plus.
The competing providers are requesting that the CRTC mandate Rogers to promptly provide this content to independent distributors for free, thereby “ensuring parity” with Rogers’ offerings.
“Without immediate, decisive, and enforceable regulatory action from the commission, this aggressive siphoning of essential live sports content will cause immediate and irreversible structural harm to the Canadian broadcasting landscape,” the letter expressed, warning that inaction would set “a perilous precedent.”
“If left unaddressed, this tactic diminishes consumer choice, forces Canadian households to incur mandatory add-on fees, and skews fair market conditions.”
In September, Rogers revealed that Monday night NHL games would stream exclusively on its platform for the first time this season. It specified that customers of Rogers, Rogers West, and Shaw Direct with Sportsnet in their TV package would have access to this content at no additional charge.
The company also introduced three new digital channels featuring the exclusive content to Rogers Xfinity TV packages that include Sportsnet.
However, subscribers who obtain Sportsnet through other TV providers must pay an extra $12.99 each month for the add-on package.
The competing television providers indicated that this situation is “intentionally diminishing the user experience on platforms of other distributors” and contributing to the “decline of sports on television,” as these companies struggle to offer a coherent sports lineup for their subscribers.
They labeled it a “predatory rate squeeze” that compels independent distributors to “absorb significant content devaluation” or to pass higher costs on to their customers.
“Therefore, the commission needs to act promptly and put an end to Rogers’ anti-competitive practices to maintain the integrity of the Canadian broadcasting framework and effectively protect the interests of Canadian consumers across the nation,” they stated.
In a statement, Sportsnet representative Jason Jackson mentioned that the company would respond to all concerns raised during the CRTC proceedings, “including Sportsnet’s entitlement to distribute content exclusively on Sportsnet Plus.”
“Rogers Cable has compensated Sportsnet fairly for the right to provide exclusive content on Sportsnet Plus to their television customers and chose to offer it to them without additional charges,” Jackson noted.
“All television providers, including Cogeco, Eastlink, and SaskTel, have the same chance to make this content available within their television offerings, but they have opted not to do so thus far. Fans should reach out to their TV provider regarding this option.”
The CRTC complaint also claimed that Rogers’ actions breach conditions from its 2023 merger with Shaw. This $26 billion acquisition received CRTC approval contingent on commitments by Rogers to maintain competitive market conditions.
Specifically, the telecommunications giant vowed to “avoid entering into any agreements for exclusive or preferential distribution of any online programming services or rights needed for distribution.”
However, the competing companies asserted that Rogers is leveraging its national NHL media rights for multi-platform distribution “to provide preferential access to its own distribution network while effectively denying full linear carriage to independent distributors.”
This NHL season marks the first under Rogers’ 12-year, $11 billion national TV rights agreement for English-language broadcasts.
The transition of Monday broadcasts to Rogers’ streaming platform is among several major changes for hockey fans this season.
Other changes include the termination of a sublicensing agreement that permitted Saturday night NHL broadcasts to be shown on CBC under the “Hockey Night in Canada” branding. Those games are now presented on Sportsnet under the new “Saturday Night Hockey” branding.
This change represents the first instance since the debut of Hockey Night in Canada in 1952 that NHL games are not accessible to Canadian audiences via the public broadcaster. CBC plans to air Professional Women’s Hockey League games on Hockey Night in Canada this season.
Additionally, Rogers has raised the annual fee for Sportsnet Plus for premium subscribers to $344.99. This $20 increase follows a $75 hike to annual plans for streaming subscribers last season.
Furthermore, Rogers has struck a 12-year agreement with Amazon for Prime Video in Canada, allowing exclusive broadcasting of Wednesday night regular-season national games starting this season.
A prior sublicensing arrangement between Rogers and Amazon had seen Monday night regular-season games broadcast on Prime Video for the past two seasons.