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Marketing and Sponsorship

Bell Launches Appeal Of New Canadian Communications Super Bowl Ad Policy

Bell Media is "launching an appeal of new rules to allow U.S. television commercials to run on Canadian airwaves" during its broadcast of the NFL's Super Bowl LI, according to Christine Dobby of the Toronto GLOBE & MAIL. Bell’s filing with the Federal Court of Appeal on Wednesday is "one more step in a protracted legal process that began" when the Canadian Radio-television & Telecommunications Commission ruled in '15 that "broadcasters cannot substitute their own signals or advertisements into U.S. channels" carrying the Super Bowl. BCE Inc.-owned Bell Media has the "exclusive rights to air the Super Bowl in Canada and the CRTC ruling is expected to decrease the value of advertising Bell sells since viewers will now be able to tune to U.S. channels and watch the American ads." The NFL, which "stands to see the value of its Canadian rights decline, also filed a notice of appeal Wednesday." Bell and the NFL have been "fighting the ruling in court for well over a year but as game day looms on Feb. 5, a Canadian performers’ union as well as politicians on both sides of the border have given new life to complaints about the policy." U.S. Senator Marco Rubio (R-Fla.) last week "denounced the CRTC policy, saying it could undermine Canada-U.S. trade relations." The CRTC had "yet to issue a 'final decision' on the policy when the court heard arguments in June, although the regulator did publish a final order confirming the proposed rules in August." Bell then "won the right to appeal that final decision in late October, however, the court declined to grant the company’s request to suspend the new policy until the appeal was decided." The company and the league are "continuing their appeals, but without that 'stay' of the ruling, they have little hope of winning a legal victory before this season’s Super Bowl and are instead hoping public pressure will convince politicians to intervene" (GLOBE & MAIL, 12/29).

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