No Super Bowl simsub reversal without USMCA: gov’t to Bell

The federal government isn’t interested in helping ensure BCE Inc. sees a reversal of the CRTC’s Super Bowl simultaneous substitution ban outside of the new free trade agreement with the United States and Mexico, internal documents indicate. A briefing note for Heritage Minister Pablo Rodriguez ahead of a February meeting with Bell CEO George Cope suggests the minister tell Cope he understands the company is “keen to see the Government implement its commitment with respect” to the Super Bowl and that the government is “working to determine” how best to do so. “However, this decision was made in the context of reaching an overall deal, not for domestic policy reasons. Implementation of this commitment is tied to the ratification of the agreement,” the suggested speaking points for Rodriguez state. The document was obtained by The Wire Report through access to information legislation. Bell has been working for years on overturning the 2015 CRTC decision on simultaneous substitution for Super Bowl advertisements that said Canadians must be able to see American ads on U.S. networks, which took effect in 2017. The CRTC reasoned that American Super Bowl ads were part of the "spectacle." But Bell, which has Super Bowl broadcasting rights, challenged the ban because not allowing it to swap American ads with Canadians ones on American channels meant a loss of advertising revenue for the broadcaster. The simsub ban only affects American football's biggest game. That fact was raised in front of the Supreme Court, where Bell's lawyers argued that the CRTC has no jurisdiction to ban simsub for single programs. The National Football League (NFL) and American networks had also pressed the U.S. trade representative to make simsub part of the North American Free Trade Agreement (NAFTA) renegotiation talks. When the government reached an agreement with the United States and Mexico on a new trade pact to replace NAFTA last fall, it included an annex stating that Canada “shall rescind” the broadcasting regulatory policy and order regarding the simsub ads. Bell’s ask to ban some virtual private networks (VPNs) in the new agreement was less successful. The new trade agreement has yet to be ratified by any of the parties, though the Liberal government introduced a bill to do so in Parliament on May 29. It’s in its first reading and there are currently only four sitting weeks scheduled for the House of Commons before the summer break -- and the fall’s federal election.

No Super Bowl simsub reversal without USMCA: gov’t to Bell

Brief | June 7, 2019

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No Super Bowl simsub reversal without USMCA: gov’t to Bell

Brief | June 7, 2019

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