Case commentary

Why the Copyright Board kept television retransmission royalties steady

Copyright collectives asked to raise the 2026 to 2028 interim tariff. The Board refused, emphasizing stability while the final rates remained unsettled.

The numbers had changed, but the Copyright Board wasn’t convinced that was enough to change an interim tariff. In December 2025, collectives representing television rights holders asked for higher retransmission royalties for 2026 to 2028, relying on the Board’s more recent reassessment of rates for an earlier period. Distributors opposed changing the interim tariff so close to the next calendar year.

The Board denied the request in 2025 CB 22. The latest historical rates were relevant, but they didn’t automatically become the correct interim rates for a different period. The Board also considered the disruption of changing budgets and billing arrangements late in the year. Interim tariffs are meant to provide a workable arrangement while the substantive proceedings continue.

This was a decision about an interim tariff, not a final finding of what the 2024 to 2028 rates should be. For broadcasters, retransmitters and rights holders, that distinction matters as much as the amounts. The Copyright Board’s reasons set out why the application was refused.

Read the original court, tribunal or official source ↗

TV retransmission tariff remains unchanged | Binder Humanities