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November 19, 2015 12:57 pm  #1

CRTC To NFL: We Get To Decide On Super Bowl Simsub

The CRTC issued two very long and very detailed releases on pick and pay and simsub on Thursday. There's a lot in there and it takes a while to read and absorb it all. But one thing jumps out - the NFL and a coalition of TV stations both banded together to fight the 2016-17 Super Bowl ruling that will see simsub for that one event suspended so Canadians can see the famous U.S. commercials. 

The NFL tried to argue the Commission had no right to make that determination (they ruled they do); that it violates copyright (they disagree, noting it doesn't actually alter the main program) and that it goes against the Free Trade Agreement (they insist there's nothing in the Act that applies to the CRTC.)

"The Commission’s policy determination to no longer allow simultaneous substitution for the Super Bowl was based on evidence before the Commission with respect to the unique way in which Canadians perceive the Super Bowl and the role of advertisements in this program. This evidence is relevant to the policy objectives of the Act, irrespective of the commercial or legal intent of the NFL or its programming partners with respect to the event, its integration into a full season and its commercials. The Commission’s policy determinations with respect to simultaneous substitution do not affect the NFL’s copyright in its programs."

I suspect we still haven't heard the last of this, and that a court challenge could be possible given the length of time still to go before the change takes effect and the amount of money involved. 

If you feel the need to wade through the endless official verbiage, there's a lot more to be seen, including attempts by Bell and Rogers to change the wording on what constitutes the "skinny basic" package, presumably so they could offer less in it for the rigid $25 a month fee that the CRTC wants it be. 

CRTC: Pick and pay changes

CRTC: Simsub reg Changes

Last edited by RadioActive (November 19, 2015 12:58 pm)


November 19, 2015 10:41 pm  #2

Re: CRTC To NFL: We Get To Decide On Super Bowl Simsub

I don't completely disagree and I had the same thought, although as a viewer, I object to the idea of simsub as a general principle. But that potential lessening of right fees is the reason the NFL's fighting this with such vigor.

Still, there are a fair number of local ad avails during the broadcast and I'm pretty sure they fetch big bucks. So while the Canadian carrier (whoever it turns out to be) might not make the huge profits they did before, they'll should still be able to make money on the thing.

The other question: how long before all of the big sports playoff finals are solely available on cable and off broadcast TV altogether? 

Last edited by RadioActive (November 19, 2015 11:24 pm)

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