NFL cites ‘urgency’ in simsub case; AG maintains appeal premature

MONTREAL — Whether a court decision on BCE Inc.’s appeal of a CRTC decision banning simultaneous substitution for the Super Bowl will come in time for next year’s game and ad sales for its broadcast remained unclear Monday, as the Federal Court in Montreal heard arguments from both sides in the case. Neil Finkelstein, representing the National Football League (NFL), told the court “there is some urgency to this. You don’t start selling ads for the January 2017 Super Bowl in January 2017.” He said that would happen “certainly by the early fall.” Representatives for the attorney general’s office, which is representing the CRTC, continued arguing that the appeal is premature, because the CRTC hasn’t actually put the measures it announced in place. The commission launched a consultation process on a proposed order to implement the ban earlier this year, though it was back in January 2015 that it first announced simultaneous substitution for the Super Bowl wouldn’t be allowed as of 2017. In response to a question about what would stop the appellants from coming to the court once the CRTC issues an official order banning simsub for the game, lawyer John Laskin, arguing on behalf of Bell, said “the real world consequences are occurring right now… in our leave material we did say June, not the fall.” He said: “the concern is that by the time the CRTC gets around to telling us what it’s going to do, for all practical purposes, the issue may be moot.” Laskin added: “the problem may be upon us already.” Justices on the three-judge panel pointed out that once that happens, Bell has the option of asking for an injunction. Justice Johanne Gauthier noted: “it’s heartening that you think that we work so fast, but don’t think you’ll get a decision quicker from us. As you know, we collect all our big cases to write over the summer, and you won’t necessarily jump the line.” Michael Morris from the attorney general’s office also pointed out the appellants could have sought an injunction if timing was an issue. “At the end of the day, I don’t know that the issues with respect of timing go to jurisdiction, go to prematurity. They’re equally premature whether time presses or not,” he said. In response to a question from Gauthier about the expected timing of the order, Morris said that his understanding was that it was something the CRTC “will issue within a month, a month and a half. There is no final date that I’m aware of.” Morris added: “I don’t know that the commission is under any legal obligations to make a decision by X date because it could impact the economic interests of some of the players.” Gauthier said that she “has sympathy for the prematurity argument, so long as somebody isn’t sitting on it.” Bell launched the appeal process in March of 2015, arguing that the CRTC doesn’t have the authority to make regulations that interfere with vested contractual rights, that the Broadcasting Act doesn’t authorize regulations that single out specific programs, and that the CRTC never gave notice that it was considering implementing such a ban. It later launched another challenge. The NFL then asked for permission to intervene in the case, stating that the decision infringes on the NFL's rights under Canada's Copyright Act and that the CRTC never gave notice it was considering eliminating simultaneous substitution for the Super Bowl. Telus Corp. representatives also appeared at the court hearing Monday, arguing that the CRTC does have the jurisdiction to ban simultaneous substitution for the game. — With reporting by Anja Karadeglija at akarad@thewirereport.ca and reporting and editing by Charelle Evelyn at cevelyn@thewirereport.ca

NFL cites ‘urgency’ in simsub case; AG maintains appeal premature

Broadcast | June 20, 2016

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NFL cites ‘urgency’ in simsub case; AG maintains appeal premature

Broadcast | June 20, 2016

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